1989-PLANNING BOARDor
I. 4
• SALEM PLANNING BOARD
MINUTES OF BOARD MEETING
NOVEMBER 30, 1989
A regular meeting of the Salem Planning Board was held on
Thursday, November 30, 1989 at 7:30 P.M. in the second floor
conference room at One Salem Green.
Present were: Chairman Walter Power, Linda Vaughan, Dick
Williams, Kosta Prentakis, Michael Cunningham, Chuck Puleo,
Abby Burns, Assistant City Planner Beth Debski, and Eileen Sacco
Clerk.
Chairman Power called the meeting to order at 7:30 P.M.
FORM A - 405 ESSEX STREET
Dr. Michael Kantorosinski addressed the Board and requested
that they approve a Form A for his project. He explained that
he has purchased a small parcel of land next to his office on
Essex Street, and intends to increase his parking facilities
with it. He also showed the members a plan showing the area
and explained that he will be granting a Right of Way for
emergency access. It was also noted that the parcel in question
has been used in the past by the neighbors as a dumping ground
and has been an eye sore to the neighborhood.
Dick Williams asked Dr. Katorosinski if his plans called for
the construction of a fence. Dr. Kantorosinski stated that
he intends to put up a fence with a gate in the Spring.
There being no further questions or comments from the members
of the Planning Board a motion was made by Dick Williams to
approve the Form A for 405 Essex Street, seconded Abby Burns
and approved unanimously.
FORM A - SOMERVILLE LUMBER
Beth Debski addressed the Board and stated that this application
for the approval of a Form A was an amendment to the Form A
that was approved by the Board at the last meeting. She
explained that the new plans increase the Right of Way at the
back of the property to forty feet as requested by Walter Power.
There being no further comments or questions form the members
of the Board a motion was made by Kosta Prentakis to approve
the Form A for Somerville Lumber, seconded by Linda Vaughan
and approved unanimously.
PUBLIC HEARING - FORM C - GREENLAWN AVENUE
• Attorney John Vallis addressed the Planning Board on behalf
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• of his client, Charles Brett, who proposes a three ( 3) lot
subdivision, which is to include a 24 foot wide roadway, five
foot sidewalk, three foot planting strip, and six inch granite
curbing along the frontage of the three lots.
Attorney Vallis stated that Greenlawn Avenue is a paper street,
and that they have been granted a variance by the Board of
Appeal . He also noted that they propose a hammer head turn
around to the satisfaction of the Fire Department. He also
stated that blasting will be required for the project.
Attorney Vallis also stated that his client would like to stay
away from subsurface storm drainage, noting that additional
drainage will be created by the construction which would result
in approximately a lot and a half extra drainage.
Attorney Vallis also presented a letter to the Board requesting
certain waivers for the project. (A copy of the letter is
attached to these minutes. ) Attorney Vallis also stated that
they would like the Board to consider putting the opposite side
of the roadway under a covenant which would give them control
for future development of that side of the street.
Attorney Vallis also noted that the project should be a quick
one and also asked the Board to consider approval by covenant
rather that approval with bonds or surety.
• Linda Vaughan stated that she was not satisfied with the results .
of previous covenant' s that the Board had approved for projects
and would be hesitant to approve one again.
Beth Debski stated that Tri-Party agreements have been very
successful.
Walter Power suggested that the Board should entertain Atty.
Vallis ' suggestion for a covenant for the opposite side of the
street since the Board has experienced problems before.
He suggested that it should be researched to see if it could
legally be done.
Chuck Puleo asked about the drainage situation. Paul Finocchio
the Engineer for the project pointed out the locations for the
catch basins. It was noted that the City Engineer had concerns
about the two catch basins and the manhole on the Glen Avenue
side of the property. Beth Debski stated that they had met
with George Whittie and that situation was addressed.
Dick Williams suggested that blasting will change the area and
also suggested that hoe ramming be considered as an alternative.
Charles Brett stated that the preliminary site work, indicated
that 5-8 foot cuts will be needed and 8 feet would be hard with
• a hoe ram but they are going to try it.
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• Chairman Power read comments from other City Boards and
Commissions,
Chairman Power asked is there was anyone in the audience that
wished to comment on the proposal.
Richard Swiniuch of 14 Glen Avenue addressed the Board and stated
that he had no problem with the proposal. He state that the
developer does quality work and that the size of the lots
proposed would blend in with the neighborhood nicely. He also
stated that when he built his house up there they tried hoe
ramming and that it did not work.
Walter Power stated that the Fire Department would monitor the
blasting.
There being no further comments or questions from the Planning
Board members, Chairman Power declared the Public Hearing closed
and stated that the Planning Department would review the proposal
and report to the Board at the next meeting.
FORM C - 46 CROWDIS STREET
Beth Debski addressed the Board and stated that she would like
to review the proposal even though Mr. Grosyk was present at
the meeting. She stated that she had prepared a list of
conditions and the recommendations for the requested waivers
• for the project, and reviewed them for the Board. She noted
that the requested waiver for shade tree was denied since the
Board has required all projects to plant trees. She also noted
that the requested waivers for Curbing, Sidewalks and Grass
Strip requirements were not recommended since all other approvals
have required these items to conform with the requirements.
Motion made by Linda Vaughan to approve the recommendations
of the Planning Department for the requested waivers, seconded
by Dick Williams and approved unanimously.
Beth Debski also reviewed a list of proposed conditions for
the project. ( A copy of the List of Proposed Conditions is
attached to these minutes. )
Walter Power asked if the Clerk of the Works was necessary for
a project of this size. Beth Debski stated that it is necessary
for the clerk to be there for the installation of the utilities,
as well as the water test and for the paving. She noted that
the charge is $20.00 per hour and that it should be a great
expense to the developer.
Motion made by Linda Vaughan to approve the proposed conditions
for the project at 46 Crowdis Street, seconded by Abby Burns
and approved unanimously.
• CLARK AVENUE SUBDIVISION
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• CLARK AVENUE SUBDIVISION
Attorney John Vallis addressed the Board and stated that the
subdivision is complete, and felt that perhaps the Board should
make a site visit to the project He noted that one issue needed
to be resolved and that was that the trees that were planted
were under sized however there are more trees than were requested
and the developer had agreed to extend the period of maintaining
them.
Mr. Petrucci of Wyman Drive addressed the Board and stated that
he was under the impression that the street would be a dead
end. He stated that he own property beyond the site and if
he wanted to build on it he would want to extend the street.
Walter Power informed him that the street is not going to be
a permanent dead end and that if in the further any development
is proposed the extension of the street could be considered
at that time.
Atty. John Vallis stated that they would be willing to escrow
some money for the completion of the paving.
The Board scheduled a site visit for the project for Saturday,
December 2, 1989 at 9:00 A.M. Dick Williams asked that Atty.
Vallis find out the actual amount of money that could be held
in escrow.
• BERRYWOOD LANE SUBDIVISION
Beth Debski informed the Board that the extension for the project
is up this evening. She noted that Attorney Howard Rock was
present at the meeting representing Mr. Marini, and that Attorney
Nicholas DeCoulas was also present with his client Mrs. Deanette
Schrader.
Beth Debski recommended that the Planning Board turn the file
for the project over to the Assistant City Solicitor, Leonard
Femino for his opinion on the matter. She also noted that
another extension should be granted until the next meeting so
that there is no trouble with the bank.
Walter Power suggested that the Board request an opinion from
the Assistant City Solicitor on whether the release of a lot
from an uncompleted subdivision is subject to the original
approval of the subdivision after the sale of the lot.
Atty. Rock addressed the Board and stated that item 7 of the
punch list prepared by the Planning Department is still
unacceptable to them. He stated that a potential private
litigation between his client and the buyer is a possibility,
and should be resolved among the parties and not become a
Planning Board issue. He noted that certain items on the punch
• • list could not be completed at this time.
4
Michael Cunningham asked how much money would be required to
comply with item 7 and complete the grading of Mrs. Schrader' s
property. Atty. Rock stated that he did not agree with the
$25,000.00 figure that Mrs. Schrader figures. He estimated
that $5,000.00 would be more accurate, but stated that the matter
is a private issue.
Beth Debski asked why an attempt had not been made to solve
the issue if it is a private matter.
Atty. Rock stated that money was the issue, as well as the fact
that they believe the problem was self created by the buyer.
Dick Williams noted that the grade of the road is not according
to the plans approved by the Planning Board. Atty. Rock stated
that a subcontractor had made mistakes in blasting and surveying
and that although the road is five feet lower that the approved
plan, everything was adjusted accordingly and is relative.
Attorney Nicholas DeCoulas addressed the Board on behalf of
his client, Deanette Schrader. He stated that plans for the
project should have been resubmitted to the Planning Board when
the grade of the road changed.
Beth Debski informed the developer that she sent the City DPW
• up to the site after the last snow storm to take care of the
elevated manholes as they were a detriment to plowing.
There being no further discussion on the matter, it was decided
to turn the file over to Assistant City Solicitor Leonard Femino
for review and opinion.
Motion made by Abby Burns to grant an extension of the project
until the first meeting of the Planning Board in January 1990,
seconded by Dick Williams and approved, with Linda Vaughan
abstaining.
PARLEE STREET SUBDIVISION
Beth Debski addressed the Board and stated that she has received
a request from Richard Malone for an extension of the covenant
for the project until June 30, 1990. The request came in the
form of a letter from his Attorney Robert W. Herman ( a copy
of which is attached to these minutes) , which stated that due
to unforseen circumstances he has been unable to complete the
required work. He also noted that a pending sale of one of
the lots had fallen through, however a buyer for three of the
lots has received a commitment letter for financing from Eastern
Bank, which would provide funds to complete the project.
• Motion made by Kosta Prentakis to approve the extension of the
Covenant for the Parlee Street until June 30, 1990, seconded
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• by Chuck Puleo and approved unanimously.
OLD BUSINESS
Kosta Prentakis stated that the items addressed to Ron Killian
at a recent meeting are still not taken care of. Beth Debski
stated that she had received a letter from Ron Killian before
the meeting that addressed the issues. She stated that the
storage trailer had been secured and was not visible. Kosta
Prentakis stated that the storage trailer is not supposed to
be there and it is a violation of the PUD. Beth Debski will
contact Atty. Serafini to address the matter.
NEW BUSINESS
The members discussed the dates for the next meeting of the
Planning Board. It was decided that the next meeting would
be held on January 4, 1990.
There being no further business to come before the Planning
Board at this meeting a motion was made by Abby Burns to adjourn
the meeting seconded by Linda Vaughan and approved unanimously.
The meeting was adjourned at 9:45 P.M.
' RESPECTFULLY SUBMITTED BY:
4E =EZN M. SACCO, CLERK
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NOTICE OF MEETING
You are hereby notified that the Salem Planning Board will hold its
regular meeting on Thursday, November 2, 1989 at 7 :30 p.m. , One Salem
Green, second floor conference room.
i -
Walter B. Power, III
Chairman
TENTATIVE:
I . Form A - Baker's Island
2. Public Hearing - Form C - 46 Crowdis Street
3 . Form B - Greenlawn Avenue
4. 0ld/New Business
5. Approval of Minutes
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SALEM PLANNING BOARD
MINUTES OF BOARD MEETING
NOVEMBER 2 , 1989
A regular meeting of the Salem Planning Board was held on Thursday,
November 2 , 1989 at 7 : 30 P . M , in the second floor conference
room at One Salem Green.
Present were: Walter Power, Chuck Puleo, Abby Burn, Kosta Prentakis,
Michael Cunningham, Bill Luster , Beth Debski , David Angeramo ,
and Debra Tucker .
Chairman Walter Power called the meeting to order,
FORM A BAKER' S ISLAND
Attorney Gately appeared before the board on behalf of Jean
Otto . Mrs . Otto is requesting a Form A for the subdivision
in order to split her property into two parcels for her two
daughters. There are to be no changes made to the sites . The
subdivision will provide that there will be one house on each
site . According to Attorney Gately, Section 6 of the Salem
Zoning Ordinance, requiring that there be a minimum of 80,000
square feet of land to subdivide does not apply to Baker 's Island,
A plot plan and pictures of the site were displayed. Mrs. Otto
is also requesting that
a ten foot
right of way be established
onlot 98A in order t
P o provide a path for plot 98B to have
access to the road,
Walter Power asked if a ten foot right of way would be adequate.
Bill Luster said that the Planning Department has found it to
be adequate because there is no real traffic on the island .
Walter Power then asked why the lot lines would cross the pond
on the site . Attorney Gately responded that the whole family
wished to have access to the pond and that the property was
split down the middle for convenience.
Abby Burn motioned to endorse the Form A for Lot 98 on Baker ' s
Island requested by Jean Otto does not constitute a subdivision
under the subdivision laws . Chuck Puleo seconded the motion,
and the vote was unanimous.
PUBLIC HEARING : FORM C 46 CROWDIS STREET
Robert J . Graszyk is proposing that a single family modular
home be constructed on the 17 , 530 foot property, Mr . Graszyk
wishes to extend the roadway and water and sewer lines from
Page 2 of 4
. Minutes of Planning Board Meeting 11-02-89
a neighboring property in order to provide frontage. A twenty-four
foot roadway with a five foot sidewalk and three foot planting
strip are also proposed.
Bill Luster said that there is some question as to whether the
lot can be grandfathered . He suggested a site visit . There
may be a problem with traffic routing from Parlee Street through
Crowdis Street which would create direct access to Highland
Avenue. The Planning department is checking with the City Solicitor
on the matter.
Mrs . Theo of Crowdis Street addressed the board. She said that
she has owned her lot for twenty-five years . She could not
put a house on her land right away and had to prove the number
of years that - she had owned the land before being allowed to
build. Mrs. Theo questioned how Mr. Graszyk could be grandfathered
because he had owned the lot for a short time . She felt that
the rules should apply to all citizens.
Bill Luster stated that the question of grandfathering pertained
to the roadway existence and that one hundred feet of frontage
is required unless a lot is grandfathered.
Robert Redican of 42 Crowdis Street stated that the Theos built
• a porch to within one foot of his property and then claimed
a hardship case . Mr . Graszyk said that the porch is within
one foot of his property as well .
Mrs . Redican stated that she and her husband were ignored at
meetings when the Theos porch issue came before the Board of
Appeals , and she was not allowed to speak. Walter Power stated
that the board would take the matter under advisement and check
into the matter .
Mrs . Redican also stated that the area is built up and the closest
hydrant is twelve hundred feet away. Bill Luster said that
he would check with the fire department .
The Board of Health will discuss the matter at its next meeting
and will forward comments to the Planning Department . William
Munroe had made no comment as of yet . The City Engineer concurs
with the plan provided granite curbs are installed and also
a hydrant with a gate. The Fire Marshall wrote that there was
insufficient information provided and recommended a meeting
with the Fire Department, the Planning Department, and the applicant .
There being no further comments, Walter Power declared the Public
Hearing closed.
• The Planning Department will review the application and make
a report . A site visit was scheduled for 8 : 30 A . M. on November
. Page 3 of 4
Minutes of Planning Board Meeting 11-02-89
4 , 1989 .
FORM B: GREENLAWN AVENUE
Attorney John Vallis appeared before the Planning Board on behalf
of applicant Charles Brett , who proposes to subdivide a 33 , 000
square foot parcel into three lots intended for three single
family homes .
The board of appeals has approved variances from lot area require-
ments for all three lots . John Vallis presented a new street
layout for Greenlawn Ave . from Verona Street to Glen Ave with
a twenty-eight foot roadway.
Attorney Vallis stated that any added surface runoff will be
minimal and will drain to Verona Street which has above ground
drainage.
Walter Power asked if this was an old subdivision . Attorney
Vallis replied that it was originally intended to be a four
lot subdivision with covenants but that the plan expired. Bill
Luster said that two months ago there was Determination of Sub-
stantial Change made from four lots to three lots .
• Walter Power asked about additional water and sewer lines from
Marlborough Road . Paul Fanoccio , engineer for the project ,
said that an additional hydrant must be added to Greenlawn Ave .
Walter Power expressed concern with any drainage problems .
He suggested a site visit .
The board planned a site visit for 9 : 00 A .M . on November 4 ,
1989 ,
OLD BUSINESS :
There has been no response to a letter to the Fafard Companies
dated October 24 , 1989 as a result of a conversation between
Sandra Hallett and Councilor Vinnie Furfaro.
The work at the Matt Garrett ' s Restaurant appears to have been
stopped for some time . There has- been no official word that
I
work will not continue.
Michael Cunningham asked what the proper procedure would be
for attempting to obtain the U. S. S . Salem for the City of Salem .
He felt that it would be good tourist attraction for Salem and
wanted to know under whose jurisdiction this would fall . Walter
Power said that the matter would not be under the Planning Board's
• jurisdiction and that he was not sure who Mr . Cunningham should
contact . He suggested the Mayor . Bill Luster reported that
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Page 4 of 4
. Minutes of Planning Board Meeting 11-02-89
the Salem Partnership had discussed the issue and maybe they
could help him.
Michael Cunningham also wished to discuss the stop sign on Route
114 at the intersection of Essex Street , He said that it did
not make sense for the highway to have the stop sign. He said
that he has seen traffic get very backed up and the nearest
pedestrian crossing light is a block west of the site.
Walter Power told him that there is currently a traffic study
being done by Bruce Campbell & Associates , and it is due on
November 16, 1989 , The study is being performed under federal
money available to the City of Salem through the National Park
Service. More will be known when the study is completed.
APPROVAL OF MINUTES OF OCTOBER 5 1989
The board reveiwed the minutes of the Planning Board ' s meeting
held on October 5 , 1989 . There being no changes made , Chuck
Puleo moved that the minutes of the October 5 , 1989 Planning
Board meeting be approved. Kosta Prentakis seconded the motion,
and the vote was unanimous.
There being no further business before the board, a motion was
made by Abby Burn to adjourn the meeting at 8 : 28 P . M . Kosta_.
Prentakis seconded the motion, and the vote was unanimous.
Respectfully submitted by:
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NOTICE OF MEETING
You are hereby notified that the Salem Planning Board will hold its regular meeting on
Thursday, October 26, 1989, at 7:30 p.m., One Salem Green, second floor conference room.
Walter B. Power, III 43
Chairman
• TENTATIVE AGENDA:
✓1. Form A - Somerville Lumber I_
2. Form A- Pope and Proctor Streets /_� f 9
3. Clark Avenue Subdivision Discussio q '�c� `� l
Berrywood Lane Subdivision Discussion EUC 4-o / / v
5. Old/New Business
VH!' Approval of Minutes
This notice posted on "Official Bulletin Board"
City Hall Ave . , Salem, Mass . on &,t. old, ;9P�
at. /,37'1n-ih.' ' 1+; in accordance With Chap. 626 . t ° t
Of.. the Acte of 1958.
•
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Salem Planning Board
Minutes of Board Meeting
October 26, 1989
A regular meeting of the Salem Planning Board was held on
Thursday October 26, 1989 at 7:30 P.M. , in the second floor
conference room at One Salem Green.
Those present were Chairman Walter Power, Dick Williams, Kosta
Prentakis, Abby Burns, Linda Vaughan, Student Intern Dave
Angeramo, Assistant City Planner Beth Debski, and Eileen Sacco,
Clerk.
Chairman Walter Power called the meeting to order at 7:45 P.M.
The members discussed the minutes of the meeting of September
28, 1989.
Motion made by Abby Burns to approve the Minutes of the meeting
of September 28, 1989, seconded by Kosta Prentakis and approved
unanimously.
The members also discussed their concerns over the residential
phase of Fafard's development. Kosta Prentakis stated that
the trees need to be planted in the grass strip for phase II,
and paving needs to be finished. He also reported that four
trailers have been there for a year and should be moved. He
also noted that the empty lot at the corner of Patriots and
Whalers Lane needs to be seeded.
Walter Power suggested that if these items are not completed
by the next meeting, someone should attend the meeting to explain
why they have not been done.
FORM A - SOMERVILLE LUMBER
Attorney John Serafini Jr. addressed the Board and requested
that they approve a Form A for the Somerville Lumber project.
He reviewed the plans for the project with the members and noted
that site plan approval had been granted for these plans.
Attorney Serafini also noted the easement locations on the plans.
Walter Power expressed concern about the back parcel of land
being land locked, and suggested that the access should be
considered at this time. He also stated that he would be
reluctant to approve something that would result in the access
road being to narrow to accommodate future plans.
Attorney Serafini noted that the construction is ready to go
and the financing is in place. He stated that approval of the
Form A needs to be approved now so that the project could start
• up. He also stated that he understood the concerns of the Board
1
and felt that his client would address the concerns of the Board,
and cooperate with them.
Motion made by Dick Williams to approve the Form A for the
Somerville Lumber project, seconded by Abby Burns and approved
unanimously.
BERRYWOOD LANE SUBDIVISION
Attorney Howard Rock addressed the Board on behalf of his
clients. He stated that he was still waiting for the letter
he requested from the Planning Department, so that he can submit
the paper work to the bank. Beth Debski presented the letter
to Atty. Rock at the meeting.
Attorney Rock noted that the street lights are in, the temporary
poles have been removed, the stairs leading to the open space
are nearly completed, the trees have been planted, and the stand
for the fire alarm box has been installed.
Beth Debski expressed her concerns over the remaining items
to be completed. She noted that the landscaping needs to be
completed before the planting season is over, and that the stairs
need to be completed. She also noted that a little girl fell
off of the stairs on Wednesday afternoon, and cut her face.
She also noted that the fire alarm base is in place however
the box has not been installed, and that is the responsibility
of the developer. She also stated that the grading of Mrs.
Schrader's lot has not been completed and that there is a five
foot difference between the grade of the lot and the street
level. Beth Debski also noted that there has not been much
progress made in the last three weeks, and the extension of
the permit expires tonight.
Attorney Rock stated that the issues being discussed revolve
around money and they will be completed when the money is
released. He also noted that he agreed with items 1 -6 as stated
in the letter from the Planning Department, however item 7 is
a legal issue and noted that his client has made two offers
to the Schraders to grade the lot but that they have refused
them. He stated that the lot was purchased by the Schraders
to develop and that the disturbance to the lot was done by the
land owners and his client is not responsible for that.
Beth Debski stated that the Schraders, at their own expense,
had the land surveyed, and that it was not built according to
plan. She stated that the City Planner, William Luster wants
the grading situation solved before the Planning Board signs
off on the project.
Walter Power suggested that Will Beaulieu check the elevations
of the grade in relation to the grade of the street.
0 2
Dick Williams stated that the stairway was not acceptable to
him. He stated his concerns about the accident that took place
and the materials that the stairs are constructed with.
Atty. Rock stated the present condition of the stairs are
unfinished and that when they are complete they will be safe.
Abby Burns stated that she recalled that the stairway would
be made of granite.
Beth Debski stated that it was discovered that is was physically
impossible to construct the stairs as the board requested.
She noted that the stairs that are being constructed were
approved by the clerk of the works, but that they are supposed
to be screened in order to be more aesthetically pleasing.
She also noted that she did not know if the building department
would sign off on the project with these stairs.
Walter Power informed Atty. Rock that before approval is granted
for the project the items to be completed are going to be done
right. He reminded them that they took over the subdivision
project as approved by the Planning Board and that the Board
wants to see this project completed as planned.
Kosta Prentakis stated that he felt that if the items were not
completed by the November 30, meeting of the Planning Board,
' no further extensions should be granted.
Motion made by Kosta Prentakis to grant an extension until
November 30, seconded by Abby Burns and approved, with Linda
Vaughan abstaining.
Walter Power asked that the Planning Department get an opinion
from the City Solicitor regarding what would happen if the
Planning Board does not grant any more extensions on the project.
He also requested a copy of the approved plan and the as built
drawings for the project.
Kosta Prentakis asked for a copy of the opinion of the city
Solicitor as well.
FORM A - POPE STREET AND PROCTOR STREET
Attorney John Vallis addressed the Board on behalf of his client
Charles Brett. He requested that the Board approve a Form A
for the property located on Pope and Proctors Streets. He noted
that when the property was deeded to Mr. Brett, he took one
lot individually and one lot by a realty trust. He stated that
there is not enough frontage as they exist at present, and this
subdivision would create two legally sized lots with proper
frontage, on an accepted street.
• Walter Power asked about the configuration of the lot and asked
3
are making two lots at this time.
There being no further questions or comments from the Board,
a motion was made by Abby .Burns to approve the Form A for Pope
and Proctor Streets, seconded by Linda Vaughan and approved
unanimously.
CLARK AVENUE SUBDIVISION
Attorney John Vallis addressed the Board on behalf of his clients
David and Paula Colpitts . He asked for the extension of the
agreement of the covenant and the tri-party agreement for the
subdivision, and the release of one lot. He noted that a closing
was scheduled for Monday which would stop foreclosure
proceedings. He requested that the Board release the lot for
the closing, and noted that the work was pretty much completed.
Beth Debski noted that the work is completed as in the plans,
however there is one issue that needs to be resolved and that
is that the trees that were planted were not the proper size,
however the developer planted more trees than he needed to.
She also noted that this subdivision has gone very well and
recommended that the Board grant the request.
There being no further comments or questions from the Board,
a motion was made by Kosta Prentakis to approve the Extension
of the Agreements seconded by Linda Vaughan and approved
unanimously.
Motion made by Kosta Prentakis to release one lot, seconded
by Linda Vaughan and approved unanimously.
There being no further business to come before the Planning
Board at this meeting, a motion was made by Abby, Burns to adjourn
the meeting, seconded by Dick Williams, and approved unanimously.
The meeting was adjourned at 9 : 15 P.M.
RESPECTFULLY SUBMITTED BY:
EI EN M. SACCO, CLERK
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NOTICE OF MEETING
You are hereby notified that the Salem Planning Board will hold its
regualr meeting on Thursday, Ocotber 5, 1989, at 7:30 p.m. , One Salem
Green, second floor conference room.
Walter B. Power, III
Chairman
TENTATIVE AGENDA:
1. Form A - Highland Avenue
• 2. Public Hearing - Form C - Middle Street Extension
3. Old/New Business
4. Approval of Minutes
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To: Planning Board Members
From: William E. Luster, City Planner
Re: Public Hearing — Form C — Middle Street Extension
On Thursday, a public hearing will be held for this proposal involving
the construction of a single family home on a 7,171 square foot lot,
located at the intersection of Crowdis and Parlee Streets. (See
attached plan. ) The lot fronts on an unimproved street which could
possibly be extended for further development.
In addition, the lot is afforded the protection of the "grandfather"
provision of Massachusetts General Law Chapter 40A, Section 6 which
• requires a lot to have a minimum lot area of 5,000 square feet and 50
feet of frontage.
In accordance with the Planning Board's Subdivision Regulations and
Policies, the Applicant proposes to construct a 24 foot wide roadway, 5
foot sidewalk, 3 foot planting strip and 6 inch vertical granite curbing
along the frontage of his lot.
At Thursday's meeting, the Applicant' s engineer will present plans to
the Board for your review and discussion.
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• SALEM PLANNING BOARD
MINUTES OF MEETING
OCTOBER 5, 1989
A regular meeting of the Salem Planning Board was held on
Thursday, October 5, 1989 , at 7:30 P.M. in the second floor
conference room at One Salem Green.
Those Present were: Linda Vaughan, Chuck Puleo, Dick Williams,
Kosta Prentakis , Michael Cunningham, Student Intern, Dave
Angeramo, Assistant Planner Beth Debski, and Eileen Sacco, Clerk.
In the absence of Chairman Walter Power, Linda Vaughan served
as Acting Chairman, and called the meeting to order at 7: 30
P.M.
FROM A - CANAL STREET
Attorney John Serafini addressed the Board and stated that he
was representing The Jefferson Trust and their application for
the approval of a Form A for property located on Canal Street.
He showed the members a copy of the plans showing the
adjustments . He stated that their plans were simply to adjust
the lot lines and that the adjustments meet all subdivision
regulations .
• Chuck Puleo stated that the plans show that the garage from
the adjacent property was encroaching on this property. Atty.
Serafini stated that this was something that would have to be
addressed eventually.
There being no further comments or questions from the members
of the Board a motion was made by Dick Williams to approve the
Form A for The Jefferson Trust, for property located on Canal
Street, seconded by Chuck Puleo, and approved unanimously.
FORM A - HIGHLAND AVENUE
Mr. & Mrs . Germaine were present at the last meeting and
presented plans to subdivide their property on Highland Avenue.
At that meeting the matter was held over for further review
by the Planning Department.
Linda Vaughan addressed Mr. & Mrs. Germaine and stated that
the problem with the proposal was that part of the lot needs
to have 20 feet of frontage in order to be approved as it stands
now. She suggested to them, that they withdraw their application
without prejudice, and see if the matter could be solved another
way. She also stated that if they chose not to withdraw the
application, and had the Planning Board act on it, the Board
would have to deny the application.
• Mrs. Germaine stated that she had spoken to her Attorney and
1
• he informed her that she was not subdividing, and that should
not apply to her case. She stated that she was not creating
another lot, she was simply adding to a lot.
Beth Debski stated that adding to a lot is considered a
subdivision, and read Mass . General Laws Chapter 41 , subdivision
regulations to those present.
Beth Debski also stated that they would need a variance from
the Board of Appeal . She also suggested that they withdraw
their application without prejudice, and work with the Planning
Department on the issue. She also suggested that maybe something
could be done with the people who own the lot next to the
Germaines. Mrs. Germaine stated that this is not possible.
Beth Debski stated that they could review the matter with the
City Solicitor, Michael O 'Brien.
Mrs. Germaine indicated that she would withdraw the application
without prejudice, provided that she could review the matter
with the City Solicitor.
There being no further comments or questions from the members
of the Board, a motion was made by Chuck Puleo to allow' the
Germaine' s to withdraw their application for approval of a Form
A without prejudice, seconded by Kosta Prentakis and approved
unanimously.
• The Germaine ' s submitted a written request to withdraw without
prejudice, and it is on file in the Planning Department.
PUBLIC HEARING --FORM--C- -- MIDDLE STREET EXTENSION
Attorney Peter Martino addressed the Board on behalf of his
clients, Mary E. Fuller Morin, and Jane Marie Fuller Smith,
and stated that the proposal involved the construction of a
single family dwelling on a 7, 171 square foot lot located at
the intersection of Crowdis Street and Parlee Streets . The
lot fronts on an unimproved street which could possibly be
extended for further development. In addition the lot is
afforded protection under the "grandfather" provision of the
Massachusetts General Laws Chapter 40A, Section 6 , which requires
a lot to have a minimum lot area of 5, 000 square feet and 50
feet of frontage.
In accordance with the Planning Board's Subdivision Regulations
and Policies, the applicant proposes to construct a 24 foot
wide roadway, 5 foot sidewalk, 3 foot planting strip, and 6
inch vertical granite curbing along the frontage of his lot.
Beth Debski stated that the proposal is in accordance with all
Subdivision Regulations and noted that the applicant ' s have
• had a rough time getting this project going.
2
• Linda Vaughan opened the Public Hearing up to comments from
those present.
Ted Michaud of 39 Crowdis Street, addressed the Board and stated
that he felt that opening up Parlee Street would create more
traffic problems in the area.
Chuck Puleo noted that the last project that came before the
Board, for Mr. Tomilio' s property, located in the same area,
resulted in the traffic situation being discussed at great
length. He also noted that this plan does not call for the
opening of Parlee Street, only the extension of it.
Mary Karakoudas of 29 Paleologos Street, Peabody stated that
she was in favor of the proposal.
Linda Vaughan read comments from the various city departments:
The Building Inspector concurs with the project. She read a
letter from the City Solicitor regarding the project. The Board
of Health will be meeting on October 10, at which time they
will discuss the matter. The Police Department concurred with
the proposal stating that there would be no additional traffic
problems with the addition of one home.
Beth Debski stated that although the Board had not received
• any comments from the Fire Department she believed that Captain
Turner was in agreement with the proposal. The applicant
stated that he had spoken to Captain Turner and that he did
not have any problem with it.
Dick Williams asked if the home would be for their own use.
Atty. Martino stated yes.
Linda Vaughan noted that the Planning Board would normally
wait until the next meeting to act on the decision, however,
she felt that the Board to act on the matter this evening,
due to the fact that the applicants need to get their financing
in place.
Chuck Puleo asked about the curbing and the possible extension
of it. Beth Debski stated that the curbing will match the
curbing on Mr. Malone ' s property and said that the City would
probably have to install curbing at some point to finish off
the area.
Beth Debski read a list of proposed conditions and waivers as
follows:
1 . Conformance with Plan
Work shall conform to plan entitled "Plan of Land, Middle
• Street Extension" dated September 15, 1989, revised September
19 , 1989.
3
• 2 . Utilities
Utility installation shall be reviewed and approved by the
City Engineer and the Applicant shall work with the Engineer
on concerns.
3 . Board of Health
Board of Health requirements set forth in a letter dated
September 27, 1989 , shall be strictly adhered to.
4 . Clerk of the Works
A Clerk of the Works shall be provided at the expense of
the developer as is deemed necessary by the City Planner.
5. Construction Practices
All construction shall be carried out in accordance with
the following conditions:
a. No work shall commence before 8 :00 a.m. on weekdays
and Saturdays No work shall continue beyond 5:00 p.m.
There shall be no work conducted on Sundays or Holidays.
Inside work of a quiet nature may be permitted at other
times.
b. All reasonable action shall be taken to minimize the
negative effects of construction on abutters . Advance
• notice shall be provided to all abutters in writing
at least 72 hours prior to commencement of construction.
C. Drilling and hoe ramming shall be limited to Monday
- Friday between 8:00 a.m. and 5 :00 p.m. There shall
be no drilling on Saturdays, Sundays or Holidays.
d. All construction vehicles shall be cleaned prior to
leaving the site so that they do not leave dirt and/or
debris on the roadways as they leave the site.
e. All construction shall be carried out in accordance
with the Rules and Regulations of the Planning Board.
6. As-Built Plans
As-built plans, stamped by a Registered Professional Engineer
or Land Surveyor, shall be submitted to the Planning
Department and Engineering Department prior to the issuance
of Certificates of Occupancy.
7 . Landscaping
aping
A 3Z inch caliper deciduous tree shall be planted on the
planting strip.
8 . Violations
• Violations of any conditions shall result in revocation
of this permit by the Planning Board.
4
• REQUESTED WAIVERS RECOMMENDATIONS
Environmental Impact Statement Recommended
Performance Guarantee Recommended
Fire Alarm Boxes Recommended
Shade Tree Not Recommended
Beth Debski noted that it was not recommended to waive the shade
tree requirement, since they had required other developers to
plant along the frontage of their property. The applicants
stated that they had no problem with planting the tree.
There being no further comments or questions from the members,
a motion to approve the Form C with conditions , was made by
Dick Williams , seconded by Chuck Puleo and approved unanimously.
Motion made by Chuck Puleo to approve the waivers , as
recommended, seconded by Kosta Prentakis , and approved
unanimously.
Motion made by Kosta Prentakis, to recommend the planting of
a tree in the planting strip, seconded by Chuck Puleo and
• approved unanimously.
OLD BUSINESS
Beth Debski stated that Ron Killian was supposed to attend the
meeting to have the plans signed for the Somerville Lumber
Project, but was unable to do so. He mailed the plans to Beth
for the signatures of the Board Members . She also stated that
he had given her some answers to the concerns of the Board that
were raised at the last meeting.
She stated that Ron Killian informed her that rows of large
boulders had been placed to prevent motor bikes from access,
and a second row would be placed on Friday. The bricks and
mulch would be moved on Friday and Monday. Loam and seed should
be in place at the end of Whaler Lane by the end of the month.
They need a back hoe which is in Ashland, and when it is
available they will do the work. One of the five trailers will
be moved to the Somerville Lumber Site and the other 4 will
be moved but he doesn' t know when.
Dick Williams asked if any progress had been made with regards
to the traffic problems on First Street. Beth Debski stated
that an emergency traffic control order was passed by the City
Council at their last meeting and she is waiting to receive
• it.
5
• There being no further business to be conducted at this meeting,
a motion was made by Chuck Puleo to adjourn the meeting, seconded
by Kosta Prentakis, and approved unanimously.
The meeting was adjourned at 8 : 30 P.M.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
•
• 6
SALEM PLANNING BOARD
• MINUTES OF MEETING
SEPTEMBER 28, 1989
A regular meeting of the Salem Planning Board was held on
Thursday, September 28, 1989 , at 7: 30 P.M. in the second floor
conference room at One Salem Green.
Present were: Chairman Walter Power, Linda Vaughan, Abby Burns,
Chuck Puleo, Michael Cunningham, Kosta Prentakis, Student Intern
Dave Angeramo, City Planner Bill Luster, Assistant Planner Beth
Debski, and Eileen Sacco, Clerk.
Chairman Walter Power called the meeting to order at 7 : 30 P.M.
FORM A - 6 MARCH STREET
Attorney John Vallis addressed the Board concerning the approval
of a Form A for 6 March Street. He showed the members the plans
and stated that the property at one time was attached to lot
# 3 and is currently on record at the Registry of Deeds as such.
he also noted that the owner wishes to convey the property to
the Childrens Friend and Family Service Society to be used as
a parking lot. He also noted that they have received a variance
for lot # 2 from the Board of Appeal .
. Walter Power suggested that approval of the plan was appropriate.
There being no further comments or questions from the Board,
a motion was made by Abby Burns to approve the Form A for 6
March Street, seconded by Linda Vaughan and approved unanimously.
FORM A - CANAL STREET
Attorney George Atkins addressed the Board and requested that
they approve a Form A for property on Canal Street, which
involves the combination of three lots to form one lot containing
38,856 s .f . He noted that the property is located in an R-2
and B-4 zoning district, and the new lot meets all zoning
requirements for both an R-2 and a B-4 zone. Atty. Atkins also
noted that this action being taken to correct historical errors
that are on record, and it is a question of title that they
are trying to clarify.
Walter Power asked Atty. Atkins to clarify the lots . Atty.
Atkins showed the members the area on an assessors map and stated
that the deeds to the property for Mr. Michaud were treated
as one lot.
There being no further comments or questions from the members,
a motion was made by Abby Burns to approve the Form A for Canal
Street, seconded by Michael Cunningham and approved unanimously.
1
FORM A - HIGHLAND AVENUE/RAVENNA AVENUE
Mr. and Mrs. Germaine addressed the Board and stated that they
were giving their son a piece of property, on which he is
building a single family dwelling, which is presently under
construction. Mrs. Germaine stated that the lot would be 14,992
s .f.
Walter Power informed the Germaines that the city has a minimum
lot requirement of 15, 000 s .f . , and that they were short by
only 8 feet. Mrs . Germaine stated that they could add an
additional 8 feet with no problem since they were only taking
from one lot to add to another.
Walter Power also expressed concern that the other parcel of
land would then be land locked and that the access that exists
would be inadequate.
William Luster suggested that he would like the Planning
Department to take another look at the plans and asked if the
Germaine ' s would mind postponing their approval until the next
meeting of the Planning Board scheduled for October 5, 1989 .
Mrs. Germaine indicated that they could wait and that she would
get a new plan showing the addition 8 feet, so that the lot
would meet the 15,000 s .f. requirement.
• BERRYWOOD LANE SUBDIVISION
Attorney Howard Rock addressed the Board and stated that since
the last meeting with them, much progress had been made on the
status of the property. He stated that an agreement had been
reached with Tedesco and should be finalized within the next
week. He also stated that the bank was willing to honor its
contract, but needs some documents concerning the project.
One of the items that they requested was a letter from the
Planning Board stating the items that need to be completed for
the project. He cited landscaping, completion of the stairs
leading to the open space, and the top coat of paving as the
items that needed to be completed to his knowledge. He also
noted that the landscaper for the project feels that he should
be able to start in two weeks, and the stairs should be completed
by Saturday. He also noted that they had been unable to reach
the contractor for the top coat of paving but will be in touch
with him soon.
Chuck Puleo asked if any progress had been made with Mass
Electric concerning the connection of Mrs. Schraders property
to the main power line. Atty. Rock stated that he thought that
the Planning Department was working on that problem
Bill Luster stated that the action before the Board was to
�. 2
approve the writing of a letter to the bank. He suggested that
the matter be extended to the meeting of October 26, 1989 .
He also noted that the developers have done a tremendous amount
of work in the last three weeks and that he felt that they are
trying to cooperate.
Michael Cunningham suggested that Atty. Rock draft a letter
for the consideration of the Planning Board.
Bill Luster stated that he would rather draft the letter himself
after sending the clerk of the works out to prepare a punch
list of the items that need to be completed to satisfy the
Planning Board.
Michael Cunningham stated that he did not feel that the Planning
Board should act as building inspector and that the oweness
should be on counsel to do the work if he needs the letter.
Atty. Rock stated that he would be happy to write a letter if
that is what the Board would like.
Walter Power explained that the clerk of the works should go
out and check the project out, and would do so even if the Atty.
sends a letter to the Board. He asked Mr. Cunningham if he
would accept a hand written letter tonight so that the completion
of this subdivision could be done expeditiously.
Michael Cunningham stated that counsel is looking for a letter
from the Planning Board to give to the bank, and he did not
feel that the Planning Board could do that unless he gives them
a letter with a list of items remaining.
Bill Luster stated that he had no problem with having Atty.
Rock present a letter to the Planning Board and asked Atty.
Rock if he could get a letter to them Friday morning. Atty.
Rock stated that he could do that and Bill Luster gave him the
FAX number for the Planning Department.
Dannette Schrader addressed the Board and stated that Atty.
Rock did not mention the fire alarm that also needs to be
installed on the project. Bill Luster stated that the items
that Atty. Rock noted were the ones that he was aware of. He
stated that the Planning Department would add that to the list
and any other items that they find during the inspection by
the clerk of the works.
There being no further questions or comments from the members
concerning the matter, a motion was made by Chuck Puleo to extend
the matter to the meeting of October 26, 1989, seconded by
Michael Cunningham and approved by the members, with Linda
Vaughan abstaining.
3
• SOMERVILLE LUMBER
Attorney John Serafini addressed the Board and stated that after
several meeting with the Planning Department, the Condo
Association, and Ward Three Councillor Vincent Furfaro, and
agreement had been reached with all parties to address the
concerns that they had about the Somerville Lumber Project .
He asked that the Planning Board approve the conditions agreed
to by all parties concerned.
Walter Power read a letter from Michael Johnson stating his
concerns about the project. (A copy of his letter is attached
to these minutes. )
Bill Luster addressed some of Mr. Johnson' s concerns by stating
that he thought that there was some confusion over the Zoning
for the area. He stated that the Planned Unit De ,pp,ppment
Special Permit granted uses fg� 0.th aXl�which - `-v`des the
industrial zoning ordinance �Kte a so eed that the area has
serious traffic problems and that when able to the Planning
Board has placed conditions on other Fafard Projects to address
the traffic problem. He also noted that the Planning Board
does not have the opportunity to place conditions relative to
those traffic improvements on this project because of the PUD
approval. He cited the example that when Traders Way and First
• Street were designed, they were done so with specific widths,
and also that plans for a deceleration lane were being
considered and that Fafard had made provisions to give the city
the land for the deceleration land as a result of previous
projects .
Bill Luster also noted that Ward Three Councillor Vincent Furfaro
was unable to attend the meeting this evening as he was attending
a regular meeting of the City Council. He also noted that he
indicated that he would try to attend the meeting if the council
adjourned before the Planning Board.
Mrs. Theo addressed the Board and stated that the project was
going to be a hardship on her business . Walter Power stated
that all of these issues were previouslygonftered a d that o
this was not a public hearing .10 ,q �(/r✓� ��
bion oa a
Bill Luster stated that a solution to the traffic concerns of
Mrs. Theo would be to extend the deceleration land to One Way
Lumber if we are fortunate to get the funds and that would ease
the traffic.
Michael Johnson asked that if the Planning Board feels that
planning is an ongoing process , why can't they go back and look
at the plans to as sure that they are going to work.
4
o�O'
Walter Power responded that the Planning Board made a decision_(��
in 1984 and the developer has spent a lot of money on the area
He also stated that we are locked into the PUD that was
negotiated with the developer and we can't go back and change
the ground rules at this point
Chairman Power asked that the Planning Board adjourn to Executive
Session. A motion was made to adjourn to Executive Session
by Abby Burns, seconded by Chuck Puleo and approved unanimously.
Walter Power announced to those in attendance at the meeting
that the Board would reconvene following the Executive Session.
The Planning Board reconvened to open session and Walter Power
thanked those in attendance for being patient. He stated that
there is a pending litigation concerning this subject and felt
that public discussion of the matter was not in order.
Walter Power asked Mrs. Theo if the rig(71y, of way shown on the
plan was usable. She stated that it i narrow. Walter Power
stated that we have plans to put in a deceleration lane and
asked Mrs. Theo if she thought that it could be extended on
their property, by granting an easement. He sta � that he
did not feel that thereq ',was any reason to dela he approval
of the conditionsOAO+�% issue of egress betweenn the developer
and the Theo' s. He further stated that the city could help
out the Theo' s with the construction of a deceleration lane
if the Theo' s would grant an easement to the City.
• Michael Johnson stated that there were other concerns to be
considered and that is why he asked for the delay.
Bill Luster reviewed the conditions agreed to for the Somerville
Lumber project, which are as follows:
1 . Conformance with Plan
Work shall conform to plan entitled "Site Plan of land,
and landscape and Snow Storage Plan, Highlander Plaza" ,
dated June 9 , 1989, revised September 25, 1989 .
2 . Curbing
Sloped granite curbing shall be installed as shown on
approved plan dated June 9, 1989, revised September 25,
1989 .
Vertical granite curbing shall be installed at intersection
with Traders Way, as shown on approved plan dated June 9 ,
1989, revised September 25, 1989.
3 . Landscaping
a. Plant two (2 ) rows of arborvitae 8 ' on center lane
along fire lane on the First Street side of Somerville
5
Lumber building. With the earthen berm, a 10 ' high
barrier will be provided in front of the 8 ' high chain
link security fence.
b. Plant one row of 5 ' -6 ' high white pine along the south
side of the arborvitae 8 ' on center.
C. Plant clusters of three 5 ' -6 ' white pines per cluster
along the south side of the arborvitae 8' on center.
d. Plant twenty-seven ( 27) , 312"-4" caliper Norway Maples,
40 ' on center along First Street, including area between
detention basin and street.
e. Plant 8 ' white pine and/or arborvitae along detention
basin fence.
f. Plant a variety of vines and shrubs along south facing
slope as listed on landscaping plan, including euonymus
and juniper, locations to be field determined.
g. Maintenance of landscape vegetation shall be the
responsibility of the developer, his successors or
assigns .
h. After such landscaping is completed, the developer will
add further landscaping if such is requested by the
• Planning Board, or City Planner.
4 . Lighting
a. Lighting shall be installed as shown on the approved
plan.
b. All non-security lighting in the Somerville Lumber
parking area shall be turned off at 10 :00 P.M.
c. Every ��er Q curity light located on the building' s
First Street side shall be turned off at 10 :00 P.M.
d. After installation lighting shall be reviewed by the
Planning Department, prior to the issuance of a
Certificate of Occupancy.
5. Maintenance
Refuse removal, road and ground maintenance, and snow removal
shall be the responsibility of the developer, his successors
or assigns .
6. Delivery Hours
Delivery trucks shall not leave Somerville Lumber after
12:00 p.m. on Saturdays, except in the case of an emergency
delivery.
A 6
7. Warehouse Access
Somerville Lumber shall post a sign at the interior warehouse
entrance stating "Customers Not Permitted In Warehouse -
Please See a Salesperson. "
8. Traffic
The Fafard Companies and Somerville Lumber shall undertake the
following measures to reduce the chance of delivery trucks using
First Street while traveling to and from Somerville Lumber.
a. Reduce right turn radius of driveway at Traders Way
from 30 ' to 10 ' .
b. Post "Left Turn Only" sign on guard shack, which states:
"Notice--All trucks must exit left onto Traders Way
to route 107. Your cooperation is welcome. Thank you.
Somerville Lumber.
C. Somerville Lumber shall send a letter to all Delivery
Truck Employees instructing them to use Highland Avenue
and not First Street.
d. Somerville Lumber shall send a letter to all vendors
indicating the proper route 107--oriented route. The
letter shall receive Planning Department approval prior
• to mailing
9 . PUD Special Permit
All applicable conditions set forth in the Planned Unit
Development Permit dated March 15, 1984, shall be strictly
adhered to.
10. Construction Practices
All conditions shall be carried out in accordance with the
following conditions:
a. Construction and Blasting. Operating or permitting
the operation of any tools or equipment used in
construction or demolition work between the hours of
5:00 p.m. and 8:00 a.m. the following day on weekdays
or at anytime on Sundays and Holidays (such that the
sound therefrom creates a noise disturbance across a
residential real property boundary) or the operation
of drilling and/or blasting equipment used in
construction, reconstruction, repair, or demolition
work between the hours of 5:00 p.m. and 8:00 a.m. the
following day on weekdays or at any time on Saturdays,
Sundays, or Holidays except for emergency work of public
i 7
service utilities or by special variance issued by the
. Building Inspector pursuant to the Salem Code of
Ordinance, and notification of same to the Police
�. Department.
b. All reasonable action shall be taken to minimize the
negative effects of construction on abutters. Advance
notice shall be provided to all abutters in writing
at least 72 hours prior to commencement of construction
of the entire project.
c. All construction vehicles shall be cleaned prior to
leaving the site so that they do not leave dirt and/or
debris on roadways as they leave the site.
11 . Violations
Violations of any conditions shall result in revocation
of this approval by the Planning Board.
These conditions have—been listed in these minutes as they were
improve by te arming Board. some of the original conditions
submitted for approval were amended or deleted following _/ ,
discussion by the Board and are discussed in these .minutes l� 11S
Bill Luster commented on the conditions as he reviewed them
for the Board. He stated that the issues of landscaping had
been discussed at great length and the selections would create
more of a buffer zone. He also stated that the selection of
• White Pine was determined by the Planning Department pending
approval of the Planning Board.
Bill Luster also noted that the lighting poles had been decreased
in size by four feet to avoid being a nuisance to the neighbors.
He also noted that due to insurance concerns customers are not
permitted in the warehouse areas.
Bill Luster also noted that the traffic concerns were discussed
at great length with the neighbors and Mr. Cohen and the items
listed were agreed to .by all of the parties negotiating.
Walter Power stated that he disagreed with the original item
8C of the conditions which read: "Somerville Lumber shall send
a letter to all employees instructing them to use Highland Avenue
and not First Street." Walter Power stated that drivers have
a right to drive on public roadways and he does not think that
the Planning Board has the right to restrict that issue in these
conditions .
Linda Vaughan also noted that she did not think that you could
restrict driving on a public way because of where a person works.
Sandra Hallett, President of the Condo Association, stated that
8
they were more concerned with the delivery trucks using First
Street rather than the employees traveling to and from work.
Bill Luster suggested the word "employees" be changed to
"delivery truck employees" , (as noted in the previous list of
conditions ) .
Walter Power also noted that he disagreed with items 8E which
originally read: "Somerville Lumber shall dismiss from employment
any truck driver or vendor who continues to use First Street
after receiving a warning to stop using that route." He noted
that he would like that issue taken out of the public domain
to avoid any action that could possibly be taken against the
City for approving the condition.
Sandra Hallett stated that Mr. Cohen agreed to the condition
and that she wanted some assurance that he would honor the
commitment. Atty. John Serafini stated that he felt that the
members of the Condo Association have confidence in Mr. Cohen
and if they address incidents to Mr. Cohen he will take care
of them. Ms. Hallett stated that she would like something in
writing. Atty. Serafini stated that he would get a letter fro
Mr. Cohen, and asked who it should be addressed to. Ms . Halle"
stated that the letter should be addressed to the Board of
Trustees. It was agreed that item 8E would be deleted from
the ConditionseaMr. Cohen w ld send aVetter td�the BoWrd
of IX..6.stees conc ning the iAuuue. /�
• Walter Power also suggested that item 10B should have the words
"of the entire project" , added to the end of it. Item 10B
originally read "All reasonable action shall be taken to minimize
the negative effects of construction on abutters. Advance notice
shall be provided to all abutters in writing at least 72 hours
prior to the commencement of construction. (The amendment is
noted in the previous list of conditions) .
There being no further comments or questions from the Board
or those present, a motion was made by Chuck Puleo to approve
the conditions as amended for the Somerville Lumber project,
seconded by Abby Burns and approved unanimously.
OLD BUSINESS
Kosta Prentakis asked if while Ron Killian was present, the
Board could ask him some questions regarding some concerns over
the residential phase of development.
He asked why the finish coat of paving was stopped at Patriots
Lane. Ron Killian stated that they intended to partially pave
so that they would not have to tear up the paving for the
installation of utilities for phase three of the residential
project, but that he would look into why it was stopped at
Patriots Lane.
n
B
r o
Kosta Prentakis also noted that Zn 'empty lot on whalers Lane
has been used as a holding area. d that is a violation of the
PUD. Ron Killian will check on the matters brought to his
attention and report to the Board at the next meeting on October
S, 1989 .
NEW BUSINESS
Walter Power welcomed Student Intern Dave Angeramo to the
Planning Board.
APPROVAL OF MINUTES
Motion made by Kosta Prentakis to approve the Minutes of the
Planning Board Meeting of September 7, 1989, seconded by Linda
Vaughan, and approved unanimously.
There being no further business to come before the Planning
Board at this meeting a motion was made by Kosta Prentakis to
adjourn the meeting seconded by Linda. Vaughan and approved
unanimously.
The meeting was adjourned at 10 :00 P.M.
RESPECTFULLY SUBMITTED BY:
• EILEEN M. SACCO, CLERK
10
• SALEM PLANNING BOARD
MINUTES OF MEETING
September 7 , 1989
A regular meeting of the Salem Planning Board was held on
Thursday September , 1989, at 7: 30 P.M. in the second floor
conference room at One Salem Green.
Present were: Linda Vaughan, Kosta Prentakis , Michael
Cunningham, Dick Williams , Chuck Puleo, City Planner Bill Luster,
Assistant Planner Beth Debski , Student Intern Dave Angeramo,
Eileen- Sacco, clerk
In the absence of Chairman Walter Power, Linda Vaughan presided
ever the meeting as Acting Chairman.
DETERMINATION OF SUBSTANTIAL CHANGE - CELLULAR ONE, 488 HIGHLAND
AVENUE
Attorney John Serafini addressed the board on behalf of his
client, Cellular One. He noted that on February 15 , 1989 , the
Board of Appeal denied their petition for a variance to construct
a communication facility and tower at 488 Highland Avenue, and
they were before the Planning Board with revised plans and were
• requesting a determination of substantial change so that they
may return to the Board of Appeal with them.
He noted that the original plans called for the construction
of a 190 foot tower, a 420 square foot equipment building and
a perimeter security fence located on a site approximately 450
feet north of Highland Avenue and 350 feet east of the Salem/Lynn
line. Attorney Serafini stated that the new plans call for
the relocation of the site approximately 400 feet northwesterly
from the original site and to reduce the height of the tower
by 20 feet from 190 ft. to 170 ft.
Attorney Serafini also noted that the police and fire chiefs
have expressed interest in tying into the system when approval
is granted.
Linda Vaughan asked about the concerns that the Board of
Appealhad. Atty. Serafini stated that the vote on the issue
was close and that they have tried to address the concerns with
the new plans
Dick Williams asked if the 170 ft. tower would be free standing.
Attorney Serafini stated that it would be free standing. He
also noted that it would be located far away from the swimming
pool at Camp Lion and that access would be gained by the existing
drive. He also stated that there would be one or two small
microwave dishes on the site.
1
Chuck Puleo asked about the zoning for the area. Atty. Serafini
• stated that the zoning was for Business Park development, however
this use is not specifically mentioned in the Zoning ordinance
and a variance is required.
There being no further questions or comments from the Board,
a motion was made by Michael Cunningham to approve the
determination of substantial change for 488 Highland Avenue,
seconded by Chuck Puleo and approved unanimously.
FORM A - 13 JACKSON STREET
Beth Debski explained to the Board that Walter Groszyk has
requested to subdivide the property located at 13 Jackson Street
which is 6, 066 square feet, into two lots that would each be
3 , 033 square feet. She noted that lot A contains a single family
dwelling, and lot B is proposed to have a single family dwelling
built 'on it. On June 28, 1989 the Board of Appeals granted
a variance from lot area and frontage and set back requirements .
Dick Williams suggested that the approval should be for a single
family dwelling only since the area seems to be R2 .
There being no further questions or comments from the Board,
a motion was made by Dick Williams to approve the Form A for
13 Jackson Street, seconded by Chuck Puleo and approved
unanimously.
• DETERMINATION OF SUBSTANTIAL CHANGE - 190 NORTH STREET
Attorney George Vallis addressed the board and explained that
on April 9 , 1989, the Board of Appeal denied the petition of
his client Francis Brewer, for a variance to allow the property
at 190 North Street located in an R-2 Zoning District to be
used as an automotive parts store. He noted that the original
proposal did not include any off street parking included, and
they have since revised their plans and now propose to demolish
20 feet of the existing building in order to provide eight ( 8 )
off street parking spaces with two additional piggyback spaces
for a total of ten ( 10 ) parking spaces . Attorney Vallis
requested that the Board approve the Determination of Substantial
Change in order to bring the new proposal back to the board
of Appeal .
Dick Williams asked which side of North Street the property
was located on Attorney Vallis stated that it was on the cemetary
side of the street.
There being no further questions or comments from the Board,
a motion was made by Michael Cunningham to approve the
determination of Substatial Change for 190 North Street, seconded
by Dick Williams and approved unanimously.
• 2
• DETERMINATIONN OF SUBSTANTIAL CHANGE - NYNEX COMMUNICATIONS
12 FIRST STREET
Attorney Richard Novak representing Nynex Communication
addressed the board and stated that on April 19 , 1989 the Board
of Appeal denied their petition for a variance to construct
a cell site for the purpose of cellular radio broadcast for
mobile phone services at 12 First Street. He noted that their
original plans called for the construction of a cell site which
included the mounting of six ( 6 ) 10 foot antennas on two foot
mounts on the penthouse level of the existing structure. They
have since revised their plans and specifications for the cell
site and now propose to construct six ( 6 ) 3 foot antennas which
require no mounts on the roof level of the existing structure.
He requested that the Planning Board approve the Determination
of Substantial Change to allow then to go before the Board of
Appeal with the new proposal .
Dick Williams expressed concern for the safety of the general
public. Atty. Novak replied that the general public would have
no access to the roof because it would be locked.
There being no further questions or comments from the board
members, a motion was made by Kostas Prentakis to approve the
• Determination of Substantial Change for 12 First Street, seconded
by Michael Cunningham and approved unanimously.
PARLEE STREET SUBDIVISION - PARTIAL RELEASE
Attorney Richard Herman representing Richard Malone addressed
the Board and requested a Partial Release on the covenant
approved by the Planning Board on April 17 , 1986, so that Mr.
Malone could sell one lot and he would in turn set aside $22, 500
in an escrow account to ensure the completion of the outstanding
improvements which include the installation of granite curbing
(which is already on site) , the installation of grass strips
and the construction of sidewalks and finish pavement.
Linda Vaughan suggested that the proceeds of the sale of the
land could be used to pay for the improvements . Attorney Herman
stated that the Salem Five Cents Savings Bank has a blanket
mortgage on the property and they would rather that the money
be placed in an escrow account. He further noted that in
accordance with the covenant the work would be completed by
December 31 , 1989.
Dick Williams asked if this request was for one lot. Atty.
Herman stated yes . and noted that they would have to come back
before the Planning Board again if they were to sell another
. lot.
There being no further questions or comments from the Board
3
• members , a motion was made by Chuck Puleo to approve the Partial
Release for the Parlee Street Subdivision, seconded by Kostas
Prentakis and approved unanimously.
EXTENSION OF WETLANDS SPECIAL PERMIT - MOOSE LODGE, 319 HIGHLAND
AVENUE
Beth Debski informed the Board members that the original permit
was issued on November 17 , 1983, for the construction of an
extension to an existing culvert under Highland Avenue. She
noted that the permit has been extended each year due to the
delays in the completion of associated work by the state DPW.
The Moose have requested another one year extension of the permit
because of DPW delays and the slow construction season. They
will commence work in the spring.
Dick Williams suggested that the approval of the extension
should be conditional upon the relevance of the 1983 plans of
the DPW and the plans should be in accordance with current
guidelines .
There being no further questions or comments from the Board
members , a motion was made by Chuck Puleo to approve a one
year extension of the Wetlands Special Permit for the Moose
Lodge, with the above stated condition seconded by Kosta
• Prentakis, and approved unanimously.
BERRYWOOD LANE SUBDIVISION
Attorney Howard Rock addressed the Board and updated the members
as to the ongoing negotiations with the bank and the two lien
holders on the property. He noted that they have been unable
to reach an agreement with Tedesco (one lien holder) , but an
agreement has been reached with the other party. He also noted
that they are awaiting a court date to settle the matter. He
also noted that a potential buyer has a written commitment for
financing.
Linda Vaughan stated that she was concerned about the steps
that had been installed for access to the open space. She stated
that they were dangerous and that she had told the neighborhood
children to stay off of them. She noted her concern that the
city would be liable if there was an accident on the property.
Dick Williams also stated his concerns about the safety of the
stairs , asking that the plank that is on them be removed before
someone gets hurt. The owner of the property who was also
present at the meeting stated that he would go to the site after
the meeting and remove the plank. City Planner Bill Luster
stated that the stairs had not been approved by the Clerk of
. the Works and that they are unacceptable. He also stressed
that no further work should proceed until approval is granted.
4
• Dick Williams expressed his concerns concerning the type of
lumber used for the construction of the stairs . He stated that
he was under the impression that landscape timbers would be
used and that steps would be set into the retainer wall .
Bill Luster suggested that the Clerk of the Works should meet
with someone at the job site Friday, September 8 , at 12 :00 noon
and reiterated that the present structure is unsafe and
unacceptable.
Mrs . Schrader was also present at the meeting to answer questions
concerning her property. She noted that her property needs
to be tied into the underground electrivc lines . She noted that
she had been having trouble getting the electric company and
her electrical contractor together so that the installation
could be finished. It was suggested that the planning department
see if they could arrange for the two to get together.
Linda Vaughan expressed her concerns that it is getting late
in the planting season for landscaping.
Stan Porier of the Greenway Road Homeowners Association addressed
the board and stated that he had concerns over the subdivision
rules and regulations and suggested that they be reviewed and
strictly enforced.
• It was decided that this subdivision appeal would be extended
until the next meeting of the Planning Board, on a motion made
by Chuck Puleo seconded by Dick Williams and approved, with
Michael Cunningham voting against it.
PRELIMINARY SUBDIVISION - SUTTON HILL
Attorney Richard Stafford was present at the meeting to discuss
the preliminary subdivision plans for property located on Sutton
Hill at the terminus of Frederick Street. He noted that the
plans call for the 2.12 acre parcel to be subdivided into four
( 4 ) lots to allow for the construction of three ( 3 ) single family
homes . The applicant proposes to construct a 24 foot wide,
400 foot long roadway ending in a 100 foot diameter cul-de-sac.
They also propose to construct a 3 foot sidewalk and install
sloped granite curbing along both sides of the roadway and around
the cul-de-sac .
Attorney Stafford also noted that some blasting will probably
have to be done and they have already spoken to Captain Turner
at the Salem Fire Department and he said that he will have
someone present during blasting. He also stated that the plans
were drawn up by Chuck Faia of Parsons and Faia and that he
was present at the meeting to answer any questions that the
members might have.
Linda Vaughan read comments from the Board of Health and the
Fire Department,copies of which are on file at the planning
5
• department .
Chuck Puleo asked if the utilities would be underground. Chuck
Faia stated that they would be underground and reviewed the
utilities for the members .
Bill Luster noted that the project had not been reviewed in
any detail and that this meeting was a courtesy.
There being no further questions or comments on the proposal
the discussion was ended.
OLD BUSINESS
LUTTS SUBDIVISION
Beth Debski presented the previously approved Lutts Subdivision
to the Board for their signatures .
Kosta Prentakis reported that he felt that the regulations
concerning construction times were being violated by the
contractor at the Shaws Supermarket on Traders Way. He also
reported that there are materials being stored on the site for
the next phase of the residential project which is a violation
• of the PUD.
Kosta Prentakis also asked about the determination of what is
warehouse, office and retail space and the fact that in the
Somerville Lumber proposal their is a distinction. Bill Luster
had asked the City Solicitor Mike O'Brien for an opinion and
there are still some remaining questions .
Kostas Prentakis also stated that the paving on Whalers lane
is only half completed. Beth Debski stated that they had
received a letter regarding the dates for paving.
Dick Williams discussed the traffic flow problem at Swampscott
Road. He suggested that the Planning Board initiate some kind
of plan with the city council and the police department and
in the meantime could paint lines at Swampscott road. He noted
that there are accidents there nightly and that it is becoming
a real problem.
Linda Vaughan also stated that she has seen many accidents at
the intersection of Marlboro Road and Traders Way. She suggested
that the city contact the state concerning the traffic lights .
Dick Williams suggested that a moratorium be placed on all
construction in the area until the traffic situation is resolved.
. Bill Luster stated that he thought a moratorium would be
unconstitutional.
6
• Michael Cunningham stated that he felt that the Planning Board
could deny future building plans in the interest of public
safety.
It was suggested that the Planning Board send a letter to someone
stating the concerns and suggestions of the board with regards
to the traffic situation on Highland Avenue. Dick Williams
also suggested that the Planning Board meet with Captain Herlihy
and Chief St. Pierre concerning the problem.
APPROVAL OF MINUTES
Motion made by Chuck Puleo to approve the minutes of the Planning
Board Meeting of July 20, 1989 seconded by Kosta Prentakis and
approved unanimously.
There being no further business to come before the Planning
Board at this meeting, a motion was made by Michael Cunningham
to adjourn the meeting seconded by Dick Williams and approved
unanimously.
The meeting was adjourned at 10:00 P.M.
• RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
Ctu of �$ttlfut, fflttssar4usdts
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Salem Planning Board
Minutes of Meeting
July 20, 1989
A meeting of the Salem Planning Board was held on Thursday, July 20,
1989 at 7:30 p.m. in the second floor conference room at One Salem
Green.
Present were: Chairman Walter Power, Kosta Prentakis, Michael
Cunningham, Richard Williams,- and Chuck Puleo. Also present were City
Planner William Luster -and Assistant City Planner Beth Debski. Linda
Vaughan and Abby Burns were absent.
Determination of Substantial Change - Greenlawn Avenue
Attorney John Vallis appeared before the Board on behalf of Charles
Brett for a Determination of Substantial Change.
Attorney Vallis told the Board that on May 17, 1989, the Board of Appeal
denied Mr. Brett's petition for a Variance from lot area and frontage
requirements to combine seven (7) lots into four (4) lots at lots 46-52
Greenlawn Avenue.
Attorney Vallis also told the Board that Mr. Brett has modified his plan
to combine seven (7) lots into three (3) lots and is requesting that the
Planning Board make a Determination of Substantial Change.
Dick Williams made a motion for a Determination of Substantial Change,
seconded by Kosta Prentakis and approved unanimously by the Board.
Determination of Substantial Change - Barnes Circle -
Attorney Gregory Demakis appeared before the Board on behalf of Robert
Stillian.
On Seitember 14, 1988, the Board of Appeal denied Mr. Stillian's
petition for variances from lot size and frontage requrements to allow
the property at Barnes Circle and Clark Avenue to be divided into five
(5) lots.
Attorney Demakis told the Board that Mr. Stillian has changed his plans
and is now proposing a four (4) lot subdivision rather than five (5)
lots and is requesting that the Board make a Determination of
Substantial Change.
Michael Cunningham made a motion for a Determination of Substantial
Change, with the condition that the four lots remain together, seconded
by Chuck Puleo and approved unanimously by the Board.
Somerville Lumber -
William Luster reported to the Board that he has met with
representatives of Fafard and Somerville Lumber to address the concerns
(2)
of both the Board and the neighbors with regard to the proposed
• Somerville Lumber. Mr. Luster then read his report to the Board (see
attached) .
Mr. Luster then told the Board that they shoud ask Fafard to extend the
30-day review period to allow for the further review of specific site
planning issues.
Kosta Prentakis asked Mr. Luster about the breakdown of Retail and
Warehouse space.
Mr. Luster told the Board that he has requested an opinion from the City
Solicitor to clarify this issue.
Ward 3 City Councillor Vincent Furfaro asked that Fafard withdraw this
proposal for a use that is not appropriate for the location.
Councillor Furfaro also told the Board that the neighbors would suffer
through noise, traffic and long hours of operation. Councillor Furfaro
further added that a long-time Salem business would be adversely
effected by this development.
Councillor Furfaro asked the Board that if this project does go through
that the developers be required to meet with the neighbors , the City
Planner and Councillor Furfaro to review the conditions so that the
neighbors are not adversely affected.
• Sandra Hallett, the neighborhood spokesperson addressed the Board and
explained that the neighbors have been violently impacted by the
original PUD and that this 7 day/week use would create heavy traffic ,
noise and other environmental concerns.
Mrs. Hallett presented a petition to the Board with over 180 signatures.
Attorney Thomas Frangello, representing Mr. & Mrs. Theo (owners of
One-Way Lumber) asked to be allowed to address the Board.
Attorney Frangello explained to the Board the Theo's concerns over
diverting all of the traffic onto Traders Way and Highland Avenue.
Walter Power explained to Attorney Frangello that the 1984 PUD traffic
counts have not been exceeded.
Dick Williams expressed his concern that representatives of Fafard meet
with the City to address traffic issues. in the Highland
Avenue/Swampscott Road area.
Walter Power told these present that the roads have been designed to
carry the volume of traffic projected and that the Planning Board works
(3)
. with developers to minimize the impacts and effects of projects by
imposing stringent conditions on the developments.
Mr. Power further explained that First Street must be used by traffic,
as designed, to spread traffic over the area. Mr. Power added that it
might be possible to work with Fafard to limit large deliveries on
weekends. He asked that Mr Luster investigate this matter.
Attorney John Serafini, Sr. representing the Fafard Companies told the
Board that Fafard would be willing to work with the Planning Board to
address the specific site planning issues and that Fafard will
participate in traffic improvements in the Highland Avenue/Swampscott
Road6VP—CL.
Sandra Hallett urged the Board to "seriously listen to all of the
neighbors concerns". Mrs. Hallett added that "the neighbors had no idea
First Street would be the new Highland Avenue and that they had been
verbally mislead. The neighbors were told boutiques and residential
uses were planned for the Somerville Lumber site".
Mrs. Hallett asked why the Industrial uses were not constructed first.
Mr. Power explained to these present that if the Planning Board knew
this was going to be a problem, they would have encouraged the
Commercial areas to be built first. At the time of Fafard's approval
• there was tremendous demand for residential units .
The Board then voted on each of Mr. Luster's recommendations outlined in
the attached report :
I. Motion made by Dick Williams, seconded by Michael Cunningham
and approved unanimously by the Board.
2. Motion made by Kosta Prentakis, seconded by Dik Williams and
approved unanimously by the Board.
3. Motion made by Kosra Prentakis, seconded by Dick Williams and
approved unanimously by the Board.
Berrywood Lane Discussion —
Attorney Howard Rock updated the Board on the progress at Berrywood
Lane:
1. Submitted P & S to Planning Department for review.
2. Buyer received written commitment from bank on purchase of
land.
3. Sales price of property less than amount owed to bank for
construction loan.
Mr. Rock explained to the Board that the bank is requiring the liens
against the property to be lifted before any money is released.
•
(4)
If the first lien is not voluntarily removed, Mr. Rock told the Board
that he' ll go to trial in August because the fair market value of the
property is less than the construction loan.
The second lien will be taken care of at the time of closing and will
come out of the proceeds of the sale.
Mr. Rock told the Board that the problem with Mass Electric has been
resolved and that the landscaper cannot locate some types of trees and
has submitted a letter of substitutions for the City's Arborist to
review.
William Luster told the Board that Mr. Rock had upgraded a fiasco to a
bad situation and that progress has been made. Mr. Luster recommended
that the Subdivision approval be extended to the next Planning Board
meeting.
Dick Williams made a motion to approve the extension of the Subdivision
approval until September 7, 1989, with the condition that communication
continue between the developer and the Planning Department. The motion
was seconded by Kosta Prentakis and approved unanimously by the Board.
Approval of Minutes -
A motion was made by Kosta Prentakis and seconded by Michael Cunningham
to approve the minutes of July 6, 1989, as amended, and approved
unanimously.
. A motion was made by Dick Williams and seconded by Chuck Puleo to
adjourn at 9:30 p.m.
Reypecctfuully Submitted, �
Beth Debski
Assistant City Planner
cm317
•
CITY OF SALEM, MASSACHUSETTS
PLANNING DEPARTMENT
ONE SALEM GREEN
01970
.r (508) 745-9595.EXT.311
p
TO: Planning Board Members
FROM: William Luster, City Planner
RE: Somerville Lumber
DATE: July 20, 1989
As you know, the Fafard Companies have submitted plans for a 96,000 s.f.
Somerville Lumber store and warehouse located at 50 Traders Way and 20 Traders Way
respectively.
According to Section UG of the PUD Special Permit approved by the Planning Board
on March 15, 1984, Somerville Lumber is required to participate in an informal review
with the Planning Board prior to receiving the conditioned approval of the plan. The Site
• Plan Review Special Permit Process does not apply to this development as a result of the
fact that it has already gone through the public review process through the Planned Unit
Development Special Permit Process. Specifically, Section UG of the PUD Special Permit
states that:
No building or structure shall be constructed and no building permit shall be issued
therefore until: 1) a site plan and 2) landscaping theme have been approved by the
Planning Board.
The Board shall have 30 days following the meeting at which the site plan is
submitted to review the submitted plan and shall approve such plan or indicate to
the applicant those specific instances where the submitted plan does not conform to
the Board's requirements. The plan shall then be approved at the Board's next
scheduled meeting.
With the construction of Somerville Lumber and the adjacent retail stores the
Fafard Planned Unit Development will contain 168,106 s.f. of retail development which is
within the maximum of 185,000 s.f, of retail development allowed under the PUD Special
Permit.
The 168,106 s.f. of retail development is comprised of the following:
Somerville Lumber (retail) 50,000 s.f.
CVS Building 47,206 s.f.
Shaw's Supermarket 46900 s.f.
Retail Stores 24,000 s.f.
Total 168,106 s.f.
Over the past two weeks, I have completed a comprehensive review of the plans for
the Somerville Lumber store and the adjacent retail stores which I have summarized
below:
Building.
The PUD Special Permit approved the use of the Somerville Lumber parcel for
light industrial/commercial development. The City's control over the specific
use on this parcel is to allow only those uses which are specified in the PUD. As
such, Somerville Lumber is allowed.
The foot print of the proposed building is acceptable under the PUD Special
Permit and allows Fafard to remain under the 185,000 s.f. maximum for retail
development.
The Somerville Lumber main building will be 24 feet high and the warehouse will
be 30 feet high. The retail building will be 16 feet high. All buildings are within
the PUD 30 foot height limit.
Parking
Fafard is proposing to provide 365 parking spaces for Somerville Lumber and 128
parking spaces for the retail stores which are in conformance with the Parking
Requirements as defined in the Salem Zoning Ordinance.
External Lighting
External lighting has been located to minimize glare in the direction of the
residential condominium development.
• Cutoff luminaires on 30 foot light poles and on the building's walls will be used
for this purpose.
Landscaping and Screening
A landscaped berm and chain link fence are proposed to be constructed along the
First Street side of the building to provide visual and sound buffer for the
condominium residents across First Street. The 5 foot high berm will be topped
with the fence and evergreen plantings.
Utilities
Utilities, including water, sewer and drainage have been reviewed and approved
by the City Engineer.
Snow Removal
Snow will be plowed off of all drives and parking areas into designated snow
storage areas.
Based upon my review, and the correspondence received from the City Engineer,
Building Inspector and the Health Agent, I would like to recommend that the
Planning Board take the following action on the proposed Somerville Lumber
store and adjacent retail stores:
•
- Approve the footprint and siting of the
proposed buildings as a result of their
conformance with the zoning requirements
and the conditions of the previously
approved PUD Special Permit.
Approve the density of the proposed
developments as a result of their
conformance with zoning requirements and
the conditions of the previously approved
PUD Special Permit.
Approve the proposed uses for each parcel
as a result of their conformance under the
previously approved PUD Special Permit.
There are further specific site planning issues which I feel require further review by
both myself and the Planning Board, they are as follows:
1. Landscaping - All site landscaping to include the type of fence and screening
to be constructed around the entire development, and landscaping in the
parking area with particular emphasis on the First Street side of the
development closest to the residential development.
2. Curbing - Investigate the potential of installing vertical granite curbing.
• 3. Signage - All proposed signage for Somerville Lumber store and the
proposed retail stores shall be reviewed and approved by the
Planning Board.
4. External Lighting - All proposed external lighting shall be reviewed
and approved by the Planning Board.
5. Parking - Parking layout shall be reviewed and approved by the
Planning Board.
6. Traffic
A. Somerville Lumber and all retail tenants in the 24,000 square foot retail
building shall instruct their own truck drivers and vendors to enter and exit
only via the Highland Avenue/Traders Way access route.
B. Easement to be granted to the City for the widening of Swampscott Road.
C. Easement to be granted to the City to construct a deceleration lane in
front of Matt Garretts Restaurant to Traders Way.
D: Easement to be granted to the City in the event that an access road should
be necessary through Parcel 4 on the PUD plan.
• 7. Overall Site Development
A. A plan shall be submitted which outlines the development of a single
building on the non-PUD parcel on Highland Avenue, between Traders Way
and Burger King.
B. Approval of all remaining signage at the site by the Planning Board.
The approval recommended tonight is subject to the satisfactory completion of the
seven (7) conditions outlined above.
M52WP
•
• SALEM PLANNING BOARD
MINUTES OF BOARD MEETING
JULY 6, 1989
A meeting of the Salem Planning Board was held on Thursday ,
July 6 , 1989 at 7 : 30 P . M . in the second floor conference room
at One Salem Green.
Present were : Chairman Walter Power, Chuck Puleo, Kosta Pretakis,
Linda Vaughan, and Michael Cunningham. Also present were Acting
City Planner William Luster, Assistant City Planner Beth Debski ,
and Debra Tucker , Acting Clerk
PUBLIC HEARING : 284 CANAL STREET
A public hearing was held for the application by John and Frank
Bertini to extend a fence on their property at 284 Canal Street .
Attorney John Serafini appeared before the board.
Attorney Serafini stated that the Conservation Commission has
issued an Order of Conditions to the Bertinis pursuant to the
extension of the fence because it is within 100 feet of a buffer
zone . The neighbors appealed the ruling . He said that two
tenants on the Bertini property seem to be the reason that the
neighbors are upset . The Bertinis intend to hot top the parking
area , extend the chain link fence , and intall storm drains .
Attorney Serafini stated that the Bertinis have owned the property
for 50 years or more with no real problems until the current
tenants moved onto the property . He presented a letter from
the Building Inspector who is currently questioning the zoning
of the area and the applicability of zoning by-laws .
Dr . Hugh Mulligan of Gulf of Maine Research Center addressed
the board . He stated that his company had been a part of the
project for the past year and a half . The area in question
is at the rear of Bertini ' s Restaurant and consists of mainly
cattails and fragmites . The area was flagged in February of
1988 with fourteen flags . The neighbors are concerned with
alleged filling of the wetlands . Dr . Mulligan said that he
has checked the area this past spring and none of the area has
been filled. There are several large boulders that have fallen
into the wetlands .
Dr . Mulligan said that according to the FEMA map the area in
question is outside the wetlands but within the 100 foot buffer
zone and outside the 100 year flood plan . The fence would be
on average forty feet back from the wetlands . Mr . Bertini wishes
to pave the back parking lot with 3" or 4 " asphalt and put a
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Minutes of Planning Board Meeting 7-06-89
• fence along the back of the property so no one can fill or dump
into the wetlands . The surface is gravel now . T & M Engin-
eering has prepared the initial plans .
Presently the land is leased to two contractors . A cease and
desist order has been issued by the Conservation Commission
ordering work to stop by these contractors in regards to moving
and storing material on the site .
Canal Street is a low area and a drain pipe will be installed
to divert the water to avoid potential flooding . Grease traps
will be installed at each catch basin . These would tie into
the existing drain pipe.
Walter Power asked if trucks tracking mud were a problem. Dr .
Mulligan replied that it was not because the gravel surface
is hardpacked.
Chuck Puleo asked if material would continue to be stored .
Dr . Mulligan said that there is a clean fill restriction on
the property in the Conservation Commission Order of Conditions .
Walter Power said that according to letters received from various
city departments , the City Engineer concurs and the Board of
Health concurred with its standard 7 comments added. The Building
Inspector found that the area is zoned B2 with a small portion
. industrial , and the Conservation Commission has issued an Order
of Conditions .
Councilor Mark Blair of Ward 7 said that Pummel Construction
seems to be causing concern to the neighbors. There is a question
as to when whether or not the wetlands have been filled in or
not. The order of conditions issued by the Conservation Commission
has been appealed . Mr . Blair stated that Pummel Construction
and Tetreault Construction continue to operate and to move earth
even after a cease and desist was issued against them. He said
that because the land is zoned B2 , equipment should not be stored
there . The Bertinis are not enforcing the order . Both companies
are washing their trucks on site . There have been creosote
covered telephone poles stored on site . He said that it is
a mistake for the owners to refer to this area as an existing
parking area because it is separate from the parking area .
The Army Corp of Engineers has found that the area had been
filled in at one time . Mr . Blair also stated that Dr . Mulligan
is working for the Bertinis, therefore the residents have hired
their own consultant .
. Leo Pelletier of 7 1/2 Adams Street stated that his property
directly abuts the Bertini property. He stated that Pumel Con-
struction has been on the site since 1986 . Eighty feet of wooded
area has been removed . He can now see the work that occurs
' J .
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Minutes of Planning Board Meeting 7-06-89
at the Bertini property . In July of 1988 a drainage pipe was
installed 16 feet from his property line . The area was cleared
for the work to be done . On March 15 , 1989 letters were sent
to the City departments . According to his consultant , the filling
has been done prior to February of 1988 . Mr . Pelletier presented
a five hundred year flood plan FEMA map dated March 15 , 1977 .
The topography of the area southeast has been changed . The
filling probably occurred between 1984 and 1987 . The filling
has had a detrimental effect on the vegetation and reduced flood
storage capacity . Mr . Pelletier said that the Army Corp . of
Engineers has said that filling has definitely occurred. According
to Mr . Pelletier Pummel Construction begins grinding and welding
work at 5 A.M. He also feels that property values have decreased.
In the shopping mail area trees have been taken down when the
drainage pipe was installed . Now the Bertinis want to take
more trees down and infringe upon the buffer zone. Mr . Pelletier
stated that he had seen Professional Roofing trucks and Salem
Concrete Block equipment on the property . The Conservation
Commission has not treated him fairly . The soil is washing
away from his property . The cease and desist order placed on
them has prevented replanting the area.
Roger Pelletier of 7 Kimball Road said that the Bertinis had
never gotten a permit from the Army Corp . of Engineers . They
began work after receiving approval from the Planning Department .
• The trees have never been replanted.
Claire Pelletier of 7 1/2 Adams Street said that no vegetation
has ever been replanted and that the existing walking path would
be blocked by the six foot fence.
Leo Pelletier said that the neighbors had gone to several City
agencies seeking relief from the noise and dust . A chain link
fence would not help. He suggested a stockade fence and greenery
with a separate entrance away from the residents .
George Levesque of 6 Adams Street said that he had been a resident
there for 52 years . He said that the area had been filled , _
and that the bottom of Adams Street floods during rain due to
this .
Chairman Walter Power declared the Public Hearing closed .
The board decided to take the issue under advisement and to
visit the site on July 8 , 1989 at 8 : 30 A.M.
FORM C : SALT WALL LANE
William Luster told the board that the site has potential for
future lots .
•
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Minutes of Planning Board Meeting 7-06-89
Linda Vaughan made a motion to follow the Planning Board ' s recom-
mendations as outlined in the subdivision regulation requirments
of the Form C . Kosta Prentakis seconded the motion and the
vote was unanimous .
With regards to waivers in Section V required improvements of
the Form C :
Linda Vaughan moved to require one shade tree (A. ) . Chuck Puleo
seconded the motion, and the vote was unanimous .
Chuck Puleo moved to require that (G . ) six inch granite curbing
be installed for one hundred and fifty feet with the exclusion
of the hammerhead area of eighty feet which will be consistent
with the street . Linda Vaughan seconded the motion ,, and the
vote was unanimous .
Kosta Prentakis moved that ( D . ) five foot concrete sidewalks
be installed consistent with those already in place on the street .
Michael Cunningham seconded the motion, and the vote was unanimous.
Kosta Prentakis moved that ( E . ) a three foot grass strip be
installed . Michael Cunningham seconded the motion, and the
vote was unanimous .
Kosta Prentakis moved that the Form C for Saltwall Lane be approved
as amended . Linda Vaughan seconded the motion, and the vote
was unanimous .
Walter Power informed the developers that they have a twenty
day approval period and that they must start work within two
years .
CLARK AVENUE SUBDIVISION
According to William Luster the Planning Board entered into
a tri-party agreement with David Colpitts the developer of the
Clark Avenue subdivision. All work was to be completed by June
30 , 1989 . Ninety percent of the work has been completed. Three
houses have been sold. Two Certificates of Occupancy are being
requested at this time. The developers have requested an extension
until September 15 , 1989 in order to complete the work . There
is still site grading to be completed. All utilities have been
plugged into the site . According to the developers a top coat
and granite curbing and sidewalks are to be completed by the
end of August .
William Luster stated that at the last meeting they were granted
an extension until July 7 , 1989 . In his opinion they have made
an honest and concerted effort to complete the work. He suggested
that the request for an extension until September 15 , 1989
•
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Minutes of Planning Board Meeting 7-06-89
• be granted . He also recommended releasing the two Certificates
of Occupancy. There is $31 , 975 . 00 left in the tri-party agreement
for the City ' s protection . He also stated that any extension
of agreements needs approval from the Planning Board, the developers,
and the bank.
.Walter Power asked what would happed to the extension if the
Planning Board voted approval of the extension and the orig�nal
agreements run out before the signatures for the new agreement )
are obtained .
According to Attorney John Vallis the money held in escrow would
be held by the bank until September 15 , 1989 and then released
to the City.
William Luster said that the City would have the money to ensure
that the work be completed. He said that a worst case scenario
would be that the City would have to wait until September 15 ,
1989 to receive the money to finish the project .
Attorney John Vallis promised that he would have the Colpitts '
signatures by July 7 , 1989 .
Kosta Prentakis made a motion to extend the agreement until
September 15, 1989 conditional to the necessary signatures being
obtained by all three parties of .the covenant . Chuck Puleo
• seconded the motion, and the vote was unanimous .
Kosta Prentakis motioned that two of the lots be- allowed to
be released on the condition that the extension of the tri-party
agreement be executed by all parties by July 7 , 1989 . Michael
Cunningham seconded the motion, and the vote was unanimous .
DISCUSSION
The board discussed the proposed zoning changes regarding swimming
pools and decks due to a glut of special permits applications
to the Board of Appeal .
The Planning Board will discuss this issue more fully after
a joint Public Hearing with the City Council .
FAFARD SUBMITTAL
Ron Killian and Attorney John Serafini appeared before the Board
in order to discuss the recent Fafard submittal . The proposal
calls for 24 , 000 square feet of retail space and a Somerville
Lumber store.
The Salem Somerville Lumber will be the tenth store of the company
which has been in business for thirty years . It will be a 96, 000
•
Page 6 of 9
Minutes of Planning Board Meeting 7-06-89
square foot one story building built on a 13 acre parcel . The
• building will be industrial storage area with 50 , 000 of it to
be used for retail purposes . The retail area will be 24 feet
high and the warehouse will be 30 feet high . Access will be
by Trader's Way. Five hydrants will be installed. City department
head comments will be taken .and incorporated into the current
plan . The entire area will be fenced . Vehicles will enter
on the opposite side of First Street by way of Highland Ave. onto
Trader's Way. Store hours will be 7 : 30 A.M. until 9 : 00 P.M. Monday
through Saturday and 12 : 00 P . M . until 5 : 00 P . M . on Sunday .
There will be ten company trucks , and all deliveries will be
made during normal business hours . Somerville Lumber will employ
140 people. There will be 370 parking spaces .
According to Ron Killian there are no definite tenants in mind
for the retail area of the plan as of yet . Speculatively being
considered for the site are clothing stores , shoe stores , a
florist , and a dry cleaner .
Mr . Power told Mr . Killian that there is still the question
of an extra lane on Highland Avenue. Mr. Power also told Mr . Killian
that the Planning Board wanted to see overall site development
plans pinned down . He stated that a final and definite site
plan with road sizes indicated should be submitted.
Chuck Puleo asked to what elevation the Somerville Lumber site
• will be brought down . Ron Killian replied that it would be
brought to 160 feet . The site should be well hidden from the
neighbors due to the height and a fence and landscaping. There
will be relatively low lighting and a clean roof line . The
store will be approximately 120 to 250 feet from First Street .
Walter Power asked if there would be a center divider strip
on Trader ' s Way . Ron Killian replied that there would and that
the road into Somerville Lumber would be further down Trader ' s
Way.
Walter Power questioned the plan to have the front of the store
set back. He stated that it would not be as visible from the
street . He also asked what the time frame for the project would
be . Lee Kelleher of Somerville Lumber said that he was hoping
for completion by next spring and opening the store by next
summer . Chuck Puleo suggested increased landscaping in the
front corner of the parcel .
Walter Power instructed Ron Killian to start a dialogue with
the City Planning department as soon as possible with regards
to the rest of the development
•
Page 7 of 9
Minutes Planning Board Meeting 7-06-89
• BERRYWOOD LANE SUBDIVISION
William Luster reported on the progress of the Berrywood Lane
subdivision . He said that at the last meeting the board had
decided to extend the subdivision until July 7 , 1989 . During
this time the Planning Board had contacted the developer and
the Attorney . Mr . Luster said that the department has not heard
of nor seen much progress as that time . The developers seem
to be in the same situation since three weeks ago . The board
still has the same three options .
Attorney Howard J . Rock said that he had spoken with William
Luster three weeks ago . He said also that Mass Electric had
out in the pads . Attorney Rock stated that at 4 : 00 P . M . on
July 6 , 1989 he had received a purchase and sales agreement
by a local developer . He must now contact the bank in order
to discuss the bonding. He has received verbal commitment from
the bank and should be receiving written confirmation sometime
during next week. Attorney Rock estimated that the developers
would need $15 , 000 . 00 to $20 , 000 . 00 to complete the job. The
sale of the property could be completed by the end of July .
The developers are requesting a 30 day extension or a shorter
period and will update the Board on their progress .
William Luster stated that it would not be unreasonable for
the board to expect calls from the developers regarding their
progress . Also he would like to see a meeting set up with the
Planning department , the developers, the bank, and the prospective
buyer in order to review the purchase and sales agreement .
He said to rescind the agreement at this point would open up
legal issues . He said that he would check with the City Solicitor.
Attorney Rock will convey the message to the buyer but said
that he could not promise that he would want to attend . He
said that it is a local developer that is interested in the
project . He said that in order to keep the confidentiality
of the buyer he would be willing to show the board the purchase
and sales agreement in executive session.
Walter Power asked that Attorney Rock convey the message that
the board would like to meet with him.
William Luster stated that the potential for a new developer
would be the only reason to grant an extension. He feels that
the developer would want to meet with City departments to ensure
that he would have the backing that he needed, know the history
of the project , and to know what was expected of him . He also
stated that any new owner would still be subject to the same
conditions .
William Luster said that he would try to set up a meeting to
•
Page 8 of 9
Minutes of Planning Board Meeting 7-06-89
review the purchase and sales agreement and meet with the developer .
He said that this would instill confidence in the board.
Walter Power asked that a punch list with the agreement of value
of the items left be made and the value of the bond if necessary.
He suggested extending the subdivision only until the next meeting.
Michael Cunningham questioned whether the letter to the Building
Inspector had been sent regarding the occupied house on the
subdivision. William Luster read the Building Inspector's response.
It said that he was confused by the board ' s request . He said
that there was a release form signed in September of 1987 .
He has asked for the opinion of the City ' s legal department .
Hopefully there will be an answer by the next meeting.
William Luster will ask the City Solicitor what the impact of
withdrawing approval from the subdivision would be.
Stanley. Poirier of the Greenway Neighborhood Association asked
that the response be made a part of the minutes .
Michael Cunningham asked if there was a response from the City
Electrician . William Luster replied that the letter did not
require a response as it was just a request not to extend the
temporary service . Linda Vaughan stated that the house still
has service long after the time limit . William Luster said
• that he would check.
Michael Cunningham stated that the board still does not have
any answers as to this problem . Linda Vaughan asked why the
Planning Board does not get a 14 day response as others do .
She stated that the board cannot •get any answers as to why this
person is allowed to live at the property.
Walter Power stated that with no occupancy permit the person
is living there illegally. Linda Vaughan replied that the person
may have a permit . According to the Building Inspector , it
was stated that he could not withhold it . The person may already
have one . William Luster stated that the Planning Board would
have had to sign off on it .
Stanley Poirier said that he sent the Planning Department a
letter dated April 19, 1989 detailing complaints . He said that
he never got a response . The Building Inspector ws made aware
of illegal occupancy , and nothing is being done . There seems
to be a great misunderstanding between departments . He said
that nothing is being done to correct the situation.
Walter Power took exception to Mr . Poirier ' s statements . He
said that the board has been acting upon Mr . Poirier ' s letter .
They are doing all that they can. He said that though there
•
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Minutes of Planning Board Meeting 7-06-89
was no written response , the board is acting on the situation
and that is a tangible answer to Mr . Poirier ' s letter .
Walter Power said that it will be very important to have a quorum
at the next meeting as it is the last one before the board recess.
William Luster suggested extending the agreement until the next
meeting on July 20 , 1989 . He will have an 'opinion by the City
Solicitor at that time regarding the legal ramifications of
rescinding the subdivision approval . Walter Power instructed
the developer and his attorney to get in touch with the Planning
Department by early next week.
Chuck Puleo moved that the subdivision for Berrywood Lane be
extended until July 21 , 1989 . Michael Cunningham seconded the
motion, and the vote was unanimous.
OLD BUSINESS :
Beth Debski stated that she had checked on the landscaping at
the storage garages on Highland Ave. across from Rich's Department
store. She had instructed them to replace trees that were too
small . She will send them a letter about maintaining the lands-
caping .
NEW BUSINESS
• Beth Debski will schedule a joint public hearing with the City
Council to discuss the zoning changes .
APPROVAL OF JUNE 15 , 1989 BOARD MEETING MINUTES
Walter Power asked if there were any changes to be made to the
minutes of the June 15 , 1989 board meeting presented . There
were none . Kosta Prentakis motioned to accept the minutes of
the June 15 , 1989 Planning Board meeting as given . Chuck Puleo
seconded the motion, and the vote was unanimous.
There being no further items to be discussed , a motion was made
by Linda Vaughan to adjourn the meeting. The motion was seconded
by Kosta Prentakis and approved unanimously.
The meeting was adjourned at 10 : 22P.M.
Respectfully submitted by:
Debra A. Tucker, Acting Clerk
• SALEM PLANNING BOARD
MINUTES OF BOARD MEETING
JUNE 15, 1989
A meeting of the Salem Planning Board was held on Thursday ,
June 15 , 1989 at 7 : 30 P . M. in the second floor conference room
at One Salem Green.
Present were: Chairman Walter Power, Chuck Puleo, Kosta Pretakis,
Linda Vaughan, Dick Williams, Abby Burns, and Michael Cunningham.
Also present were Acting City Planner William Luster, Assistant
City Planner Beth Debski , and Debra Tucker, Acting Clerk
Chairman Walter Power announced that the items on the agenda
would be taken out of order because Acting City Planner William
Luster had to leave early in order to attend another meeting.
DISCUSSION: BERRYWOOD LANE SUBDIVISION
The board had at the last meeting requested that the developers
of Berrywood Lane be present at this meeting in order to discuss
the seven lot subdivision on Berrywood Lane and the delays and
• problems that have occurred . The original approval for the
seven lot subdivision was granted on June 25, 1986. An extension
until June 25 , 1989 was granted on September 29, 1988 . Attorney
Norman Rock, just recently retained to represent Tony Antonellis
and Peter Marini , asked William Luster if the matter of Berrywood
Lane could be postponed until the next meeting so that he may
have time to review the case . He indicated to Mr . Luster that
the developers are looking into a possible buyer for the develop-
ment .
William Luster informed the board that he had spoken with Mass
Electric , and that they had approved the conduit bases . All
of their work should be done by June 23 , 1989, and the temporary
poles are scheduled to be removed by June 30, 1989.
Other work still to be completed includes landscaping, stairs
to the conservation area, and pavement . Mr . Luster had spoken
with Sheila McDermitt of Newton Savings , the bank holding the
construction loan. She informed him that they are not close
to releasing the money due to a lien on the property as a result
of a lawsuit between the developers and Tedesco & Sons , the
original site contractor.
Mr. Luster said that the board had two choices: to extend the
deadline for the subdivision or to rescind the subdivision .
He stated that to rescind the subdivision would not benefit
anyone. He suggested that the board extend the deadline until
July 7 , 1989 , the day after the next board meeting, in order
Page 2 of 5
• Minutes of Planning Board Meeting 6-15-89
to speak with the developers ' attorney and to determine their
intentions.
William Luster also stated that he had sent a letter regarding
the Schraders at 2 Berrywood Lane to the Building Inspector
as per the instruction of the board at the last meeting. There
has been no response yet .
Mr . Poirier agreed with Mr. Luster 's suggestion to grant a short
extension to the developers . He also asked if the letter to
the Building Inspector would be included in with the minutes.
William Luster replied that it would become a part of the official
minutes.
Michael Cunningham motioned to grant the developers of the Berrywood
Lane development an extension to July 7 , 1989 . Kosta Prentakis
seconded the motion, and the vote was unanimous.
CLARK AVENUE DISCUSSION
William Luster stated that David Colpitts has requested that
the tri-party covenant agreement be extended and that 2 lots
be released . Beth Debski went on a site visit and found that
there appeared to be some serious concerns . Mr. Luster suggested
• postponing the issue until the next meeting on July 7 , 1989 ,
because the request came in at the last minute , and so that
he will be able to meet with Mr. Colpitts and his attorney.
Dick Williams asked if the board allowed an extension on the
permit would they also be allowing that two lots be released.
William Luster replied that they may sell the lots but none
can be occupied.
Dick Williams motioned to grant an extension on the Clark Avenue
project until July 7, 1989 . Linda Vaughan seconded the motion,
and the vote was unanimous.
FORM A: 30-32 FOREST AVENUE
An representative of Attorney Henry Lucas ' office appeared before
the board on behalf of the owners of 30-32 Forest Avenue to
request endorsement of a Form A Plan to subdivide a lot at 30-32
Forest Avenue . The owners intend to build a two family home
that will be owner occupied and remain owner occupied as long
as held by the current owners . The lot is zoned R2 , and the
Appeals Board granted a variance unanimously.
Abby Burns motioned to approve the Form A for 30-32 Forest Avenue
as presented . Kosta Prentakis seconded the motion, and the
. vote was unanimous.
f �
Page 3 of 5
• Minutes of Planning Board Meeting 6-15-89
FORM A: 318 HIGHLAND AVENUE
A Form A for Jim Adamo at 318 Highland Avenue was presented
for board approval . The Board of Appeals has granted unanimously
a variance from lot area requirements . The owner intends to
subdivide the lot , which is over 15 , 000 square feet , and build
a single family home. The address of that home would actually
be on Thomas Circle.
Chuck Puleo motioned to approve the Form A for 318 Highland
Avenue as presented . Abby Burns seconded the motion , and the
vote was unanimous.
PUBLIC HEARING: 46 DEARBORN STREET
Attorney Donaldson appeared before the board on behalf of Carlton
and Nancy Lutts of 46 Dearborn Street , Salem. Lot 25 on the
plan presented before the board is a portion of an area off
of Dearborn Street is a portion of a 26 acre area known as Lutts
Farm.
The Lutts family is requesting that a subdivision be granted
to build a single family home on an unimproved street with no
utility service currently . They would finish the street to
• provide the required frontage and have utility service installed.
The site is 15 , 012 square feet in area and will have 151 feet
frontage . The lot is at the end of a 50 foot street with 5
foot setbacks . Both water and sewer lines can be connected.
Waivers that are being requested are that no sidewalk and no
curbing be required, as there is none there currently, to provide
a 50 foot right of way on a 24 foot wide street . A hammerhead
is planned and has been proposed to the fire department as a
turnaround for fire engines.
Attorney Donaldson provided a letter of support from George
T. O'Brien. Letters from Captain Turner of the Salem Fire Depart-
ment and the Board of Health both concurred with the proposal .
The City Engineer could not concur with the pavement proposal
and has required cement concrete sidewalks , catch basins and
a hammerhead . Attorney Donaldson will be contacting the City
Engineer again.
Chuck Puleo asked if that area was swampy. He questioned the
drainage and any necessary catch basins that might be needed .
He thought that the Conservation Commission would be interested
in the proposal . Attorney Donaldson stated that any wetlands
are located in a far edge of the lot and that any building will
occur on higher ground . The Lutts do not intend to build on
any wetland areas . Beth Debski stated that the site is not
• within 100 feet of a wetland area.
Page 4 of 5
. Minutes of Planning Board Meeting 6-15-89
Chairman Walter Power asked if there was anyone who wished to
comment for or against the proposal . Gail Smith of North Shore
Survey stated that at the end of the road there is hot top pavement
that extends almost onto the properties located there . She
stated that the owners do not currently have sidewalks and use
the hot topped area to both drive over and to park. Ms. Smith
also said that the hot topped area of the street is at least
35 feet wide , and that if sidewalks were now required that they
would have to be installed over the hot top.
Attorney Donaldson stated that the houses on Saltwall Lane have
been built one by one and that no sidewalks were required nor
built .
Walter Power said that the board would be interested in making
a site visit . The board will meet at the site on Saturday ,
June 17th at 8 : 30 A.M. He then declared that the Public Hearing
was declared closed.
Walter Power indicated that he would forward the application
to the Planning Department for review.
OLD BUSINESS
• Beth Debski of the Planning Department stated that an easement
had been granted by James Zeeff across a section of his property
at the Village at Vinnin Square in order to construct a Swampscott
Road access road . The Planning Department is still awaiting
the granting of an easement from Loring Towers.
Walter Power noted that a parcel of land owned by the City near
the railroad tracks behind Swampscott Road could potentially
become a train station with adequate parking to ease traffic
to and from the current Salem train station.
A subdivision was granted to David Tamillio at 50 Crowdis Street
and the appeal period has ended. The board endorsed the plan.
NEW BUSINESS
The board thanked Kosta Prentakis and family for the invitation
to his home.
APPROVAL OF JUNE 1 , 1989 BOARD MEETING MINUTES
Walter Power asked if there were any changes to be made to the
minutes of the June 1 , 1989 board meeting presented . There
were none. Michael Cunngingham motioned to accept the minutes
of the June 1 , 1989 Planning Board meeting as given. Abby Burns
40 seconded the motion, and the vote was unanimous .
Page 5 of 5
• Minutes of Planning Board Meeting 6-15-89
There being no further items to be discussed, a motion was made
by Dick Williams to adjourn the meeting. The motion was seconded
by Michael Cunningham and approved unanimously.
The meeting was adjourned at 8 : 20 P.M.
Respectfully submitted by:
Debra A. Tuc er, Acting Clerk
•
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Public Aropertp ;Department
• .
NuilDing Department
One 6alem green
745-9595 x1. 380 RE � y
William H. Munroe �
Director of Public Property
Inspector of Buildings JUN 2 ;;
• SALEM PLANNING BOARD
MINUTES OF BOARD MEETING
JUNE 1 , 1989
A meeting of the Salem Planning Board was held on Thursday ,
June 1 , 1989 at 7 : 30 P . M. in the second floor 'conference room
at One Salem Green.
Present were : Chairman Walter Power, Chuck Puleo, Kosta Pretakis,
Linda Vaughan, Dick Williams, Abby Burns, and Michael Cunningham.
Also present were Acting City Planner William Luster, Assistant
City Planner Beth Debski , and Debra Tucker, Acting Clerk.
FORM A: CLARK STREET AND 24 BARNES CIRCLE
Attorney Kevin J. Sullivan appeared before the board on behalf
of Steven and Peggy Marsella regarding the property at Clark
Street and 24 Barnes Circle . A request was made to subdivide
the property . He noted that this would return the property
back to its original condition prior to its being joined . The
intention is to build a single family home on the back lot .
• Attorney Sullivan stated that there were other single family
homes nearby.
Walter Power stated that the board generally frowns upon building
single homes in open areas in Salem, except in instances like
this where the area is built up with only a few lots remaining.
Attorney Sullivan said that the Zoning Board had voted unanimously
to grant a variance . He also stated that both lots are located
on improved streets .
Dick Williams asked if there would be any blasting, and Attorney
Sullivan answered that there would be none . Michael Cunningham
asked if there would be any testing of the site required. Attorney
Sullivan replied that he did not know for sure .
Dick Williams made a motion to approve the Form A for Clark
Street and 24 Barnes Circle . Abby Burns seconded the motion ,
and the endorsement for Form A was unanimous .
PUBLIC HEARING : WETLANDS & FLOOD HAZARD SPECIAL PERMIT-
PICKERING WHARF SEAWALL
Hugh Mulligan, PH.D. , Director of Gulf of Maine Research Center ,
Inc . appeared before the board to present plans regarding the
Special Permit Application request for the demolition and recon-
Page 2 of 7
Minutes of Planning Board Meeting 6-01-89
• struction of a collapsed seawall at Pickering Wharf , adjacent
to the Chase House Restaurant . At the May 11 , 1989 Conservation
Commission public hearing an Order of Conditions #64-179 was
issued .
Dr . Mulligan summarized the events since the collapse of the
seawall on July 14 , 1988 . At that time repairs were authorized
as an emergency case . The Conservation Commission had approved
the plans and gave an order of conditions . A special permit
is needed due to the flood hazard area location of the seawall .
The original wall was constructed with a Chapter 91 license
under which the wall could be built , repaired and maintained;
therefore there was no need for a new permit . The seawall has
been carefully rebuilt by North Shore Marine Inc . with granite
with a new deck constructed at the Chase House Restaurant .
Measures have been taken to prevent additional erosion. This
is an "after the fact " hearing to approve the emergency plan
and resulting work.
Dick Williams asked if the metal sheeting had been replaced ,
and if so was it secured far enough into the riverbed. Dr . Mulligan
replied that it had . Dick Williams also asked if there was
concrete footing, and Dr . Mulligan again said there was .
• Walter Power asked if a drain pipe may have caused the erosion.
Dr . Mulligan said that it is a reinforced concrete pipe . He
stated that nearby construction may have caused a crack in the
pipe . A manhole has been installed so the pipe can be cleaned
and maintained.
Chuck Puleo asked what the condition of the rest of the seawall
is . Dr . Mulligan replied that it looks as though the rest of
the wall may need to be repaired or replaced eventually. Abbey
Burns asked what the cost of the job was . Dr . Mulligan said
it was approximately $1 , 300, 000.00.
Walter Power asked if the walkway will be restored back to a
public walkway with pedestrian access around the wharf area .
Dr. Mulligan said that it would. Dick Williams asked if a special
condition could be imposed stating this as well as requiring
lighting. Walter Power replied that it could.
Walter Power stated that the City Engineer, Building Inspector,
and Board of Health all concur with the proposal .
Bill Wholley of the Chase House said that the areas near Victoria
Station and Brandy ' s are probably the ones needing attention .
Dick Williams asked if any measuring devices have been installed
to monitor the area. Dr . Mulligan said that it would be prudent
Page 3 of 7
Minutes of Planning Board Meeting 6-01-89
• to do so, but that it had not been a part of the original con-
ditions .
Walter Power stated that this was not in the scope of the plan,
but that the Planning Board could send a letter to the Building
Inspector suggesting it .
Mr . Power then declared that the Public Hearing was closed
William Luster said that the work seems to have been done in
conformance with the plans and closely monitored by the City
Engineer.
Dick Williams suggested that monitoring devices be installed
in the remaining seawall to avoid any future emergency situations .
Pedestrian access and lighting were also both concerns .
Abbey Burns motioned to approve and accept the Wetlands and
Flood Hazard District Special Permit with attached Special Conditions
for the Pickering Wharf seawall at the Chase House
restaurant . Dick Williams seconded the motion , and the vote
was unanimous .
DISCUSSION: BERRYWOOD LANE SUBDIVISION
• The board requested that the developers of Berrywood Lane be
present at the meeting in order to discuss the seven lot sub-
division on Berrywood Lane and the delays and problems that
have occurred. The original approval for the seven lot subdivision
was granted on June 25, 1986 . An extension until June 25 , 1989
was granted on September 29 , 1988 . Mr . Tony Antonellis and
Mr . Peter Marini appeared before the board.
William Luster read a punch list of items that still need to
be completed including preliminary electrical work, completion
of sidewalk installation, underground wiring to be pulled through,
and landscaping.
Walter Power informed the developers of the seriousness of
completion of the project before expiration of the extension.
When asked about the time schedule of completion by Walter Powers,
Mr . Marini could not answer as to exactly when the project would
be completed . He stated that his electrical contractors will
be finishing very soon, and that it is only a one day job remaining
for them . Mr . Marini said that Mass Electric had ordered that
some changes be made. He said also that Mass Electric has said
that it will be a few months before they can remove the above
ground poles and finish their work . Mr . Marini told the board
that he wasn ' t sure if the underground wiring had been pulled
through yet. According to the developers, the curbing and sidewallks
• have been completed as per the plans .
Page 4 of 7
Minutes of Planning Board Meeting 6-01-89
• William Luster said that according to the City ' s clerk of the
works the underground wiring hasn' t been pulled through. Walter
Power asked why it is taking so long to have the wiring done .
There has been no ice in the lines for the last three months .
Mr . Antonellis said that the bank is withholding money from
the construction loan . Mr . Power asked whether that was what
was holding Mass Electric back from completing the work . Mr .
Antonellis said that he did not think that was the problem .
Walter Power stated that the board is looking for definite answers
as to the problems holding up the project and a firm completion
date . The developers are not giving answers , without which
the board may be forced to take drastic measures . He said that
the Planning Board wants this project completed, and must receive
a detailed plan of action with dates so that it can be monitored.
He also stated that the Planning Board entered into a covenant
with the developers in good faith, and once the punch list is
completed, and only then will lots be released . Mr . Power said
that two months time is not acceptable for the Mass Electric
work to be completed.
William Luster said that the financial difficulties are the
problems of the developers . The work left can be finished by
the June 25th deadline.
• The developers said that they were having trouble locating lan-
scaping materials . William Luster said that those should have
been ordered months ago . Abby Burns stated that the items that
they are looking for can be found instock at many local nurseries .
Mr . Antonellis and Mr . Marini stated that they could not do
any further work until the bank released money to them . They
also stated that they cannot guarantee that the work will be
completed by June 25th.
William Luster suggested that it may be time for the Planning
Board to step in and talk with the bank as well as Mass Electric
to see what the hold up is and how the problems can be resolved
because there are only three weeks left until the extension
expires .
Walter Power asked if the developers would accept any help from
the Planning Board and if they would cooperate fully with the
board over the next three weeks in order to expedite the matter .
The developers must also open the lines of communication with
the Planning department , and a great effort must be made to
meet the deadline . If these conditions are not met , a bond
may be required for the completion of the work . They agreed
that any help would be appreciated.
•
Page 5 of 7
Minutes of Planning Board Meeting 6-01-89
Stanley Poirier of 8 Cottage Street asked to address the board
as a representative of the Greenway Homeowners Association .
He said that he sympathizes with the developers and their problems
but that he and his neighbors would like to see the project
completed . He referred to his April 19 , 1989 letter to the
Mayor with copies to Councilor Furfaro, William Munroe, William
Luster, Walter Power, and George Whittie. Mr. Poirier was upset
that he has had no response to these letters with the exception
of conversations with Councilor Furfaro and Mr . Power . He was
also concerned that 2 Berrywood Lane was sold and that someone
was now living there with utility service but with no occupancy
permit .
Linda Vaughan agreed with Mr . Poirier . She said that she does
not understand how the owners of 2 Berrywood Lane could get
services such as electricity , phone , cable , mail delivery and
trash removal with no occupancy permit . The owners were only
issued a building permit as a special case .
William Luster asked that he be allowed to respond to Mr . Poirier ' s
allegation that he did not respond to his letter. He said that
he may have made an error in judgement by not sending a formal
written response , but that the Planning department has been
working on the problem . He said that the planning department
and the clerk of the works is at the site constantly. Mr . Luster
• also said that he told Councilor Furfaro that the Planning department
would be willing to meet with the neighbors if he would like .
Walter Power agreed and said that this meeting was for just
that purpose-- to investigate the problems .
Roger Petit , an abutter to the Berrywood Lane development , asked
if a second lot could be released for sale in order to give
the developers the money that they need to complete the project .
He also stated that the shubbery that was promised at his property
has not been planted as of yet .
Dick Williams asked the developers how much they estimated that
it would cost them to complete the work . Mr . Antonellis said
between $35 , 000 . 00 and $40 , 000 . 00 . Mr . Williams asked if the
bank was aware that the developers were in jeopardy of losing
the development if the deadline is not met .
Walter Power instructed the developers to follow the instructions
that he specified earlier and to get the work done in the next
two weeks . The Planning Board will meet then and take the matter
up again.
William Luster said that the problem at 2 Berrywood Lane is
out of the Planning Board ' s jurisdiction, but suggested that
the board write a letter to the City ' s Building Inspector .
• Walter Power agreed that this was a good suggestion and directed
_ 1 .
Page 6 of 7
Minutes of Planning Board Meeting 6-01-89
• Beth Debski to write a letter to both the Building Inspector
and the City Electrician . Mr . Power said that the letter to
the Building Inspector should indicate that the Planning Board
wants some action taken . The board had written to the Building
Inspector at an earlier date and specified that a occupancy
permit not be issued until the improvements were completed .
The occupancy is considered unsafe and illegal . A separate
letter to the City Electrician should state that no extension
of the temporary utility service should be allowed as it is
impeding the completion of the subdivision.
FAFARD PUD
The board discussed the planned unit development for the Fafard
property off Highland Ave approved in 1984 . According to William
Luster approvals have been granted for Highlander Plaza (approx. 34
acres ) , Residential developement for phases 1-4 for 520 units,
approximately 300 of which are currently developed , and the
Salem Business Park (42 . 6 acres) . Plans for a Shaw' s supermarket
and Somerville Lumber are being discussed.
The board discussed the change in curb cut at the site where
a Matt Garretts restaurant is planned . Swampscott Road will
be widened to allow for four lanes near the Fafard property .
Walter Power stated that the turn to First Street needs to be
• widened so that traffic congestion at Highland Ave. and Swampscott
Rd. can be alleviated and directed by way of Trader ' s Way and
First St . There is also a need for a deceleration lane along
the business strip so that traffic turning in will be serviced .
William Luster said that State approval would be needed for
that .
The board discussed possible changes in traffic patterns to
and from Swampscott Road from both directions of Highland Ave .
An easement from Fafard may be necessary.
OLD BUSINESS
Beth Debski reported that she had sent a letter from the Planning
Department to the Chief of Police regarding trucks parking at
Sunburst on Highland Ave. She had received a letter back saying
that the police department will enforce the conditions of no
parking. A letter was also sent to the Health Department regarding
the syrup leaking onto Highland Ave from the silo at Sunburst .
No response has been received.
NEW BUSINESS
Beth Debski told the board that there is a board meeting scheduled
for July 6th . She asked if that would be a problem with any
of the members since the holiday is so close . The board indicated
•
,
Page 7 of 7
Minutes of Planning Board Meeting 6-01-89
. that there would be a quorum present and that the meeting should
stay as scheduled.
APPROVAL OF MAY 17 , 1989 BOARD MEETING MINUTES
Walter Power asked if there were any changes to be made to the
minutes of the May 17 , 1989 board meeting presented . There
were none . Mr . Power asked that any letters directed to be
written should become a hart of the official minutes .
Linda Vaughan motioned to accept the minutes of the May 17 ,
1989 Planning Board meeting as given. Kosta Prentakis seconded
the motion, and the vote was unanimous .
There being no further items to be discussed, a motion was made
by Kosta Prentakis to adjourn the meeting. The motion was seconded
by Walter Power and approved unanimously.
The meeting was adjourned at 10 : 00 P.M.
Respectfully submitted by:
C—a- L a�
• Debra A. Tdv er, Acting Clerk
• SALEM PLANNING BOARD
MINUTES OF BOARD MEETING
MAY 17 , 1989
A meeting of the Salem Planning Board was held on Wednesday,
May 17, 1989 at 6: 30 P.M. in the second floor conference room
at One Salem Green.
Present were : Chairman Walter Power, John Butler, Chuck Puleo,
Kosta Prentakis,Linda Vaughan, and Dick Williams . Also present
were Acting City Planner William Luster, Assistant City Planner
Beth Debski , and Eileen Sacco, Clerk.
The meeting was called to order by the Chairman, Walter Power .
FORM C - 50 CROWDIS STREET
Acting City Planner William Luster addressed the board concerning
the project and stated that a site visit had been made and that
the LPlanning Department has made recommendations concerning the
proposal . He reviewed the list of conditions a copy of which is
attached to these minutes .
Chuck Puleo asked why they were unable to connect with the
. existing services on Crowdis Street rather than Parlee Street .
Dick Williams stated that the sewer can only come from Parlee St.
because of the pitch of the land.
Dick Williams also suggested that hoe ramming be included in
item 7C of the conditons because of the noise factor involved
with the process . _
t�
Walter Power asked who made the determination as to the radius
of the home surveys with regards to blasting. He suggested that
�tfiey survey a broader vicinity than the 500 feet that is usually
surveyed . Bill Luster stated that they could see to it that a
broader area be included in the survey, due to the concerns of
the neighbors .
Walter Power stated that he wanted the specific concerns of the
neighbors regarding blasting to be insured . He also stated that
a memo should be put in the file concerning the traffic impact
on the neighborhood , outlining the neighbors concerns relative
to traffic , in the event that the next lot is developed, and also
that a permanent curb cut should be made if the driveway is to
be permanent .
Chairman Power asked if the abuttors had any questions concerning
the proceedings . Those present stated that they had no problems
with the conditions .
Chairman Power addressed the owners of the property and stated
PAGE 2 .
that although it seems that the board is being rather stringent
in its requirements concerning the roadway, prior subdivision
roadways have not been wide enough and the board has been trying
to maintain control over the widths of roadways and curbs . He
further noted that it- would add to the value of the property in
the long run and make for a safer neighborhood .
there being no further comments from the board , motion was made
by Kosta Prentakis to adopt the subdivision with the conditions
as recommended by the Planning Department , seconded by Dick
Williams and approved unanimously.
FORM A - 108 CONGRESS STREET
Attorney John 'Vallis addressed the board concerning property
located at 108 Congress Street. He noted that the property
was in existence long before the zoning and subdivision control
laws were in effect . He noted that he represents First Eastern
Mortgage Corporation and that the results of his title search
show that both lots are on the same deed .
Attorney Vallis further noted that due to time limits for the
• buyers of the property and the cancellation of a prior Planning
Board meeting, he was present at the meeting this evening to
obtain ratification of the signatures on the plan that were
obtained so that the closing could be held .
Motion made by Linda Vaughan to ratify the signatures and approve
the plan, seconded byDick Williams and approved unanimously.
FORM A - SURREY ROAD
Mr . Michael Beatrice addressed the board concerning h s, request to
make 2 lots 1 lot for the purpose''.-Qf"buiIddng a single family home
on it . Beth Debski stated that tl assessors map shows the lots-,as
_
being one lot . '� `—'-.- --- "r"
Linda Vaughan asked if there would be any blasting involved .
Mr . Beatrice stated that there would be no blasting needed .
Motion made by John Butler to approve the Form A for Surrey Road
seconded by Linda Vaughan and approved unanimously.
OLD BUSINESS
John Butler stated that when the permit was given to Sunburst
Fruit Juices on Highland Avenue , a condition of it was that no
trailer trucks would be parked on Highland Avenue and that he
. had seen them several times parked out there. He also noted
that there is some substance being pumped from the trucks .
Linda Vaughan added that she also had seen the trucks parked
PAGE 3 .
there and that it is a hazard .
Walter Power suggested that a letter be written to the Board
of Health concerning the pumping of the solution and that the
police traffic division be made-aware-of the condition that
no trucks are to be parked on •eighland'Avenue so that they can
enforce it .
Kosta Prentakis expressed concern over the construction of
Matt Garrett ' s Restaurant . He stated that it had been suggested
that the curb cut for the entrance be moved and it had not . He
stated that the equipment for the project is being brought in
fromt he existing entrance . Beth Debski stated that the Clerk
of the Works Will Beaulieu is on top of the project and is
aware of the situation . She also said that there is a letter
� _. .
going out concerning the co—ndit_,ion of the roads .
� -i_
K Kosta Prentakis also invited the Board Members to his home at
70 Whalers Lane on Sunday June 11 , 1989 at 4 :00 P.M. for
cocktails .
Dick Williams expressed concern over the NO U TURN SIGN located
on the Stasinos Property off Highland Avenue . He asked what
• the status of the City ' s pending litigation over the property was ,
and noted that if the property is still owned by the city the
sign is illegal, and no restricitons should be made on U-TURNS.
Walter Power suggested that the planning Department should meet
twi`th,th'e–,Poiic2'Traffic Division ttA discuss their concerns over
tha'£ area and Sw`apmscoff"Road-
Walter Power stated that he had recievedia letter from Council
President Vincent Furfaro, concerning 'the Greenway Road Subdivision
and his concerns that -a family is living in the house without
and occupancy permit . He noted that the building department
is not insisting that the family move out : He also stated that
he wanted to see the utilities permanently installed before
paving is done on the project .
Beth Debski stated that work on the project had resumedr today
and that the remaining work should not take more than '2 or 3
weeks to complete . '
Walter Power suggested that a meeting be scheduled_and that the
planning department prepare a punch list of.ou stst sanding items for
the meeting.
There being no further items to be discussed, a motion was made by
. Linda Vaughan to adjourn the meeting, seconded by Chuck Puleo
and approved unanimously.
PAGE 4.
The meeting was adjourned at 7 : 15 P.M.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
•
SALEM PLANNING BOARD
MINUTES OF BOARD MEETING
APRIL 13, 1989
• A regular meeting of the Salem Planning Board was held on Thursday,
April 13, 1989, at 7:30 P.M. in the second floor conference room at One
Salem Green.
Present were: Chairman Walter Power, Linda Vaughan, Dick Williams, '
Kosta Prentakis, Chuck Puleo, and Abby Burns. Also present were Acting
City Planner William Luster, Assistant City Planner Beth Debski, and
Eileen Sacco, Clerk.
The meeting was called to order at 7:30 P.M. by the Chairman Walter
Power.
FORM A - 39 IRVING STREET
Charles Reed and Mr. Marfongelli addressed the board for approval of a
Form A for 39-41 Irving Street Subdivision. They stated that they had
been granted a variance for Lot size from the Board of Appeal to build a
single family house at 41 Irving Street.
Dick Williams asked if the house would be built set back. Mr.
Marfongelli stated that the house would be built in conformance.
Motion made by Linda Vaughan to accept the Subdivision of 39-41 Irving
Street, seconded by Abby Burns and approved unanimously.
• PUBLIC HEARING - WETLAND AND FLOOD HAZARD DISTRICT SPECIAL PERMIT - 23
GLENDALE STREET
Attorney George Atkins representing Fred Atkins the owner of the F. J.
Dion Yacht Yard, addressed the Board with regards to his application for
a special permit to provide maintenance dredging of approximately 8,000
cubic yards of material to return to the original dredged depth of -8,0
Mean Low Water (MLW) in the yacht yard basin, located at 23 Glendale
Street.
Attorney Atkins stated that the maintenance dredging is necessary due to
the fact that 40 or 50 foot boats presently get caught in the mud in the
basin and dredging will prevent this from happening. He also stated
that DEQE approval of the project is pending this local approval.
He stated that a barge will be used for the dredging, and the material
that is to be removed has been tested and approved for disposal at sea.
He stressed that there would be no land disposal.
Dick William asked if the beach would be affected. Attorney Atkins
stated that there would be a certain amount of disturbance to the area,
but that the dredging would take place in early fall so it would not
interfere with summer recreation.
•
Dick Williams also expressed concern over the possibility of a sewer
break while the dredging is taking place and asked if there were any
plans to insure that the City would not have to bear the cost of
repairs. Attorney Atkins stated that it was unlikely that a sewer break
• would occur, but that the contractor would be responsible if a break did
occur.
Chairman power read comments from the Building Inspector, the City
Engineer, the Conservation Commission, and the Board of Health. The
Board of Health had not met with regards to the project and stated that
they would do so on April 12, 1989. Attorney Atkins stated that they
had been before the Board of Health and that there comments would be
forwarded.
Chairman Power asked if anyone present wanted to comment on the project.
Peter North of 18 Glendale Street addressed the Board and stated that
Mr. Atkins had always been considerate of the neighbors and that he felt
that they would be with regards to the dredging project as well.
There being no further comments, Chairman Power declared the public
hearing closed.
Chairman Power stated that the usual procedure of the Board is that the
planning department would review the project and the board would make a
decision at the next meeting.
Attorney Atkins stated that they are concerned about the time factor
since they are waiting for DEQE approval.
. "William Luster stated that approval could be granted at this time, and
that the Board of Health comments could be incorporated when they are
received. He read a list of standard conditions which are attached to
these minutes in the Decision of the Planning Board.
Attorney Atkins stated that they had no problem with the conditions.
Motion made by Dick Williams to approve the Wetlands and Flood Hazard
Special Permit for the Frederick J. Atkins Trust, 23 Glendale Street,
Salem, seconded by Abby Burns and approved unanimously.
FORM C — 50 CROWDIS STREET
David Tamilio was present at the meeting regarding his subdivision
proposal which involves the construction of a single family house on an
18,848 square foot lot. The lot meets all dimensional requirements for
and R-1 district , however it fronts on an unimproved street. In
addition, such street could possibly be extended for further
development . In accordance with the Planning Boards subdivision
regulations, Mr. Tamilio proposes to construct a 24 foot wide roadway
and reserve land on each side of the street for a 5 foot sidewalk and a
3 foot planting strip.
Mt. Tamilio presented his proposed plans to the board. He noted that
(2)
his property falls under the Grandfather Act of 1964. He also noted
that he had received approval from the building inspector.
Walter Power asked if there were any natural wetlands abutting the
• property. Mr. Tamilio stated no.
Chairman Power read a letter from Ward 4 Councillor Leonard O'Leary
stating that he has received many calls from the surrounding neighbors
and requested that the planning board deny the application unless all of
the neighborhood concerns can be addressed by the applicant. ( A COPY
OF COUNCILLOR O'LEARY'S LETTER IS ATTACHED TO THESE MINUTES. )
Chairman Power also read letters from the following expressing concerns
about the project:
John W. Murphy, Elizabeth Murphy, and William Murphy
7 Parlee Street
Salem, Mass.
Robert Gilman
Jay Appleman
6 Paul Avenue
Salem, Mass.
Ronald Kacherian
8 Parlee Street
Salem, Mass.
COPIES OF THESE LETTERS ARE ATTACHED TO THESE MINUTES.
• Dick Williams noted that the plans show no radius cut into the roadway
as required by the zoning code. He also questioned why the utilities
were coming from Parlee Street and not Crowdis Street.
Gail Smith of North Shore Survey stated that they had proposed a
retaining wall and slope easement with regrading to build the road.
Dick Williams also stated that in the past it has been Planning Board
Policy to have the utilities brought forward in the event that someone
else builds in the area so that the installation would not disturb what
is already in place.
Chairman Power asked how much blasting would be involved. Gail Smith
stated that they are trying to do the least amount of blasting possible.
Chairman Power suggested that a site visit is necessary so that the
members of the Planning Board can see the area.
Chairman Power asked for comments from the public in attendance at the
meeting.
Janice Corbett of 5 Parlee Street, stated that there is a pond behind
her house which she feels may be affected by the construction. She also
(3)
noted that there, is a lot of ledge there and she is concerned about
foundations cracking due to blasting. She also noted that the neighbors
are opposed to any connection of Parlee and Crowdis Streets since they
feel that they already have problems with Valley Street.
• Peg Graffam stated that the ledge is connected and she has concerns
about blasting, and the safety of the children in the area.
Arthur Hornstein of 11 Parlee Street stated that the connection of
Parlee and Crowdis Streets would create safety problems for the children
in the neighborhood.
Bob Julien of 9 Parlee Street stated that when he purchased his home he
did so because of the dead end street. He also stated that he does not
feel that Parlee Street can handle any more traffic than the
neighborhood itself.
Jim Corbett of 5 Parlee Street stated that he felt that the pond was
with range of the project. Mr. Tamilio stated that the pond is 170 feet
from his property which is beyond the 100 foot limit.
Chairman Power explained the role of the Planning Board with regards to
subdivision control laws and zoning codes. He also stated that the City
of Salem has blasting controls and that a preblasting survey would be
done on all property to establish pre-existing conditions. He also
stated that the Planning Board would keep the neighbors informed of the
project and asked for someone to be a contact person for the
neighborhood. Jan Corbett volunteered to be the contact person for the
neighborhood.
• There being no further comments from those in attendance, Chairman Power
declared the Public Hearing closed and scheduled a site visit to the
area for Saturday, April 22, 1989 at 9:00 A.M.
PUBLIC HEARING - SITE PLAN REVIEW - INDUSTRIAL CONDOS, SWAMPSCOTT ROAD -
WETLANDS SPECIAL PERMIT - BUSINESS PARK DEVELOPMENT SPECIAL PERMIT
Attorney John Serafini and Ron Killian representing the Fafard Companies
were present at the meeting to discuss and review plans for their
proposed project involving the construction of a 50,000 square foot
single story industrial condominium building on Swampscott Road. The
development is situated on a 4.3 acre parcel which abuts the Maynard
Plastics development . The proposed building is located in the Business
Park Development zone and is within a Wetlands District:
Linda Vaughan asked what kind of uses the condos would have. Attorney
Serafini stated that it would be warehouses and things of that nature as
opposed to office condos.
Walter Power asked if there would be any retail in there. Atty.
Serafini stated no.
Walter Power also asked about the adequacy of the parking. Ron Killian
(4)
•
stated that there would be one space for every 440 Square feet of
building and they estimate there will be 149 spaces and 114 employees.
Chuck Puleo asked what would happen if a business had the need to park
• trucks on the premises. Ron Killian stated that if that were the case
then the parking would be reconstructed.
Dick Williams suggested that the traffic flow pattern utilize First
Street rather than Highland Avenue. He also stressed that it is
dangerous at Swampscott Road and First Street.
Dick Williams also asked if there was any wetlands on the property. Ron
Killian stated that there is and that it had all been calculated.
Ron Killian showed the members a view of the elevation of the building.
There being no further comments Chairman Power declared the Public
Hearing Closed and the Planning Department will review the project and
report to the board within the 90 day limit impoed by the Special Permit
Procedures.
Bill Luster stated that there has been a great deal of interest in space
of the nature, particularly with the dislocation of the businesses in
the Bridge Street area due to the new bridge.
OLD BUSINESS
Bill Luster informed the board that he had not planned for a zoning
discussion at this meeting due to the lengthy adgenda. He noted also
that he feel that the zoning ordinance is going to have to be done piece
• by piece, and that the board should set priorities for the changes that
they wish to make.
Bill Luster slao informed the board on the status of the Howley Street
project that Mike Harrington is proposing. He stated that Mr.
Harrington is presently trying to get a comprehensive permit by proving
that the City has inadequate low to moderate income opportunities for
first time homebuyers. He said that he submitted an incomplete
application and the process was suspended for 20 days. He stated that
if the Comprehensive Permit is granted that it only required Board of
Appeal Approval and that the only chance the Planning Board will get to
comment is during the Board of Appeal Hearing Process.
Linda Vaughan asked that the Planning department keep a close watch on
the house that was built on Greenway Road. She stated that there are
several conditions which must be met before an occupancy permit can be
issued.
There being no further business to come before the board at this
meeting, a motion was made by Abby Burns to adjourn the meeting,
seconded by Chuck Puleo, and approved unanimously.
The meeting was adjourned at 9:30 P.M.
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•
RESPECTFULLY SUBMITTED BY:
•
EILEEN M. SACCO, CLERK
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DECISION —
Wetlands and Flood Hazard District c.
Special Permit
Frederick J. Atkins Trust r
23 Glendale Street
Salem, MA 01970 ei —
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RE: 23 Glendale Street
1. Conformance with Plan
Work shall conform to plan entitled "Maintenance Dredging at Dion Yacht Yard", prepared
for Frederick J. Atkins, dated December 28, 1987.
2. Conservation Commission
Work shall comply with all requirements of the Salem Conservation Commission Order of
Conditions #64-176.
3. Board of Health
. Work shall comply with all requirements of the Board of Health approval dated April 11,
1989.
4. Construction Practices
All construction shall be carried out in accordance with the following conditions:
a. No work shall commence before 7:00 a.m. on weekdays and 8:00 a.m. on Saturdays. No
work shall continue beyond 5:00 p.m. There shall be no work conducted on Sundays or
holidays. Inside work of a quiet nature may be permitted at other times.
b.All reasonable action shall be taken to minimize the negative effects of construction on
abutters. Advance notice shall be provided to all abutters in writing at least 72 hours
prior to commencement of construction.
5. Violations
Violations of any conditions shall result in revocation of this permit by the Planning Board.
This Special Permit shall not take effect until a copy of the decision bearing
certification of the City Clerk that twenty days have elapsed and no appeal has been filed
or that if such appeal has been filed and it has been dismissed or denied, is recorded in the
Essex County Registry of Deeds and is indexed in the grantor index under the name of the
owner of record or is recorded and noted on the owner's certificate of title. The fee for
recording or registering shall be paid by owner or applicant.
1 hereby certify that a copy of this decision and plans are on file with the City Clerk
• and a copy is on file with the Planning Board.
Sincerely,
4".
Walter B. Power, III
Citp of balem, Aanacbuattg
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Office of the QCitp QCouncit
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VINCENT J. FURFARO WARD COUNCILLORS
COUNCILLORS-AT-LARGE PRESIDENT 1989
1989 GEORGEA.NOWAK
DONALD T.BATES JOSEPHINE R. FUSCO KEVIN R.HARVEY
FRANCES J.GRACE CITY CLERK VINCENT J.FURFARO
NEIL J.HARRINGTON LEONARD F.O'LEARY
GEORGE P.MCCABE JEAN-GUY J.MARTINEAU
SARAH M.MAYES
MARK E.BLAIR
April 13 , 1989
Walter B. Power, III
Chairman
Salem Planning Board
One Salem Green
Salem, MA 01970
Dear Walter:
I am writing to you with regard to the application of David Tamilio for
the proposed construction of a single family home on an unimproved street
at 50 Crowdis Street.
• I have received many calls from the surrounding neighborhood expressing
their concerns with regard to the proposed construction.
I would like to request that the Planning Board deny this application
unless all of the neighborhood concerns can be addressed by the applicant.
Thank you for your consideration in this matter.
Sincerely, 1
0__�jo�I V
Leonard O'Leary
Ward 4 City Councillor
•
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• SALEM PLANNING BOARD
MINUTES OF BOARD MEETING
MARCH 16, 1989
A Regular Meeting of the Salem Planning Board was held on
Thursday, March 16, 1989 at 7: 30 P.M. in the second floor
conference room at One Salem Green.
Those present were : Chairman Walter Power , Dick Williams , Abby
Burns , Kosta Prentakis , Bob Ledoux, John Butler, and Chuck Puleo.
Also present were : Acting City Planner William Luster , Assistant
City Planner Beth Debski , and Eileen Sacco, Clerk.
FORM A - 19 OAKLAND STREET / 45 BALCOMB STREET
Bob Abraham was present at the meeting to request that the
Planning Board sign the subdivision plan for his property which
is located at 19 Oakland Street . He said that there is a partial
dwelling there and that he needs the signatures in order to
obtain a release from the bank. He stated that he received a
variance from the Board of Appeal to construct a single family
house on the property.
Walter Power asked if there was parking on the site . Mr .
Abraham stated that he has a garage on the premises .
• Motion made by Bob Ledoux to approve the subdivision plan,
for 19 Oakland Street , seconded by Dick Williams and approved
unanimously.
ZONING ORDINANCE
William Luster discussed the proposed Zoning Ordinance and the
Comparative Analysis showing the changes from the existing to
the proposed ordinance . He reviewed sections 1-5 and the
following are the items addressed :
SECTION I
There are no changes to Section I .
SECTION 2 DEFINITIONS
William Luster noted that terms were added that were necessary,
and reviewed the list with the board . He also noted that some
terms were deleted , and reviewed those but noted that Amusement
Arcade had been reinstated . He also noted that the term
"Building" had been replaced with "Structure" .
Walter Power suggested deleting the term "Developer" .
is
Dick Williams suggested that ther term "Automobile Repair Garage"
be added to section 2 .
• z .
Bob Ledoux suggested that the term be "Motor Vehicle Repair Garage" .
Bob Ledoux referred to Page 4 Definition #9 "Building Line" , and
questioned whether a deck which is not 0.P6 porch is considered
part of the building.
SECTION 3 - ESTABLISHMENT OF DISTRICTS
William Luster reviewed the types of districts that had been
established for the proposed ordiance as follows :
RECREATIONAL OPEN SPACE
A district proposed to be established, to prohibit all possibility
of development on parcels which should remain as open space . He
noted that cemetary ' s are included in this district . He also noted
that they are off limits to recreation but suggested that passive
recreation such as walking is acceptable.
MEDICAL DISTRICT
A district proposed to be established, which would allow medical
• related used on the properties of the Salem Hospital , North Shore
Childrens Hospital , and Shaughnessy Hospital . He also noted that
this would provide the framework to establish dimensional
requirements for future expansion of the area .
WATERFRONT OVERLAY DISTRICT
An overlay district proposed to be established along the waterfront
to encourage water related used . It was also noted that it would
enable to city to take full advantage of the waterfront .
ENTRANCE CORRIDOR OVERLAY DISTRICT
An overlay district proposed to be established , which provides
for the monitoring of construction and building alterations which
take place along the entrance corridors of the city. Dick
Williams suggested that Loring Avenue be added to the districts.
ELDERLY HOUSING DISTRICT
An overlay district proposed to be established, which will allow
specific land areas to be designated by the Mayor and City Council
for the development of Elderly Housing according to prescribed
regulations . A copy of supplementary regulations were also given
to the board members .
• SECTION 4 - APPLICATION OF DISTRICT REGULATIONS
There were no changes to this section .
• 3 .
SECTION 5 - USE REGULATIONS
A. Permitted and Special Permit Uses- The permitted and Special
Permit Use section has been amended through the provision of a
Permitted Use Chart for more easy reference.
Minor amendments have been proposed in the use regulations . Such
amendments can be reviewed in the Use Regulations Chart of the
proposed ordinance
B. Prohibited Uses _ A list of porhibitive uses for all districts
has been added .
MEETING DATES
Walter Power informed the Board that he is unable to make the
scheduled meetings for the month of April . He requested that the
dates of the meetings be changed to April 13 , and April 27 . There
being no objections from the other members , the board will meet on
those dates .
APPROVAL OF MINUTES
Motion made by BOb Ledoux to approve the minutes of the Planning
Board meeting of January 19, 1989, seconded by Dick Williams and
approved unanimously.
Motion made by Bob Ledoux to approve the minutes of the Planning
Board meeting for February 23 , 1989, seconded by Chuck Puleo, and
approved unanimously.
There being no further business to come before the board, a motion
was made by Bob Ledoux to adjourn the meeting seconded by Dick
Williams and approved unanimously.
The meeting was adjourned at 9 :45 P.M.
RESPECTFULLY
L/SUBMITTED
\)BY:
EI EEN M. SACCO, CLERK
Salem Planning Board
Minutes of Meeting
February 23, 1989
A regular meeting of the Salem Planning Board was held on Thursday, February 23, 1989 at 7:30
p.m., One Salem Green, second floor conference room. Those in attendance were: Walter B.
Power, III, Chairman, Linda Vaughan, Robert Ledoux, Richard Williams, Abby Burns, Kosta
Prentakis and David Stuchiner. John Butler and Chuck Puleo were absent. Also in attendance
were Acting City Planner William Luster and Assistant City Planner Beth Debski.
Chairman Power called the meeting to order at 7:30 p.m.
Form A - 19-21 Becket Street
Attorney Lee Antone presented a Form A Plan to the Board for the conveyance of a small
parcel from #19 Becket Street to #21 Becket Street in order to provide additional parking
spaces and also a driveway easement from #17 to #19 Becket Street. David Stuchiner made a
motion to endorse the Form A plan, seconded by Kosta Prentakis and approved unanimously.
Robert Ledoux recused himself from voting on this matter.
Zoning Ordinance Discussion
Acting City Planner William Luster presented the Board with a copy of the Proposed Zoning
Ordinance as well as a comparative analysis showing changes from the Existing to the Proposed
Ordinance. Mr. Luster told Board members that he would like to review the Ordinance for 60-
90 minutes at the next 3 or 4 meetings. Mr. Luster also explained the process for submittal of
• the Proposed Ordinance and the subsequent scheduling of a Joint Public Hearing. Mr. Luster
then opened up the discussion for questions.
Bob Ledoux would like the Planning Department to review Zoning By-Laws from Marblehead,
Ipswich, Newburyport and Gloucester to see how these communities address non-conformities
and also Density Regulation distinctions depending on where properties are located in a Town or
City.
At the March 16, 1989 meeting, the Board will review Sections 1-5 of the Proposed Zoning
Ordinance.
Old/New Business
Abby Burns asked the Planning Department to check a sign located at Titus Furniture on
Jefferson Avenue.
Bob Ledoux asked the Planning Department to check a sign for a travel agency located on
Lafayette Street, located between Ocean Avenue and Forest Avenue.
There being no further business, Dave Stuchiner made a motion to adjourn at 8:30 p.m.,
seconded by Kosta Prentakis and approved unanimously.
Respectfully submitted,
Beth Debski
• M47WP
• SALEM PLANNING BOARD
MINUTES OF BOARD MEETING
THURSDAY, JANUARY 19, 1989
A Regular meeting of the Salem Planning Board was held on Thursday, January 19,
1989, at 7:30 P.M. in the second floor conference room at One Salem Green.
Those in attendance -were: ''Chairman Walter Power, Bob Ledoux, Linda Vaughan,
Dick Williams, Kosta Prentakis, and Chuck Puleo. Absent were: John Butler,
Abby Burns, and David Stuchiner. Also present were City Planner Gerard
Kavanaugh, Beth Debski, Staff Advisor, and Eileen Sacco, Clerk.
FORM A 8 OUADRANT ROAD
Attorney George O'Brine addressed the Board on behalf of his client, Mrs. Ida
Herwitz. He requested that the property lines be adjusted at 6 and 8 Quadrant
Road. He noted that a fence put up by Mrs. Herwitz appears to be on the
abutters property and the results of a title search performed by him,
concluded that there appears to be two conflicting plans. He said the change
would result in the boundaries being moved six inches either way.
Motion made by Bob Ledoux to endorse the Form A for 8 Quadrant Road, seconded
by Dick Williams and approved unanimously.
• SITE PLAN REVIEW SPECIAL PERMIT MODIFICATION - HAWTHORNE PLACE
Kosta Prentakis recused himself from this discussion.
Chairman Power informed the board that on January 5, 1989, a public hearing was
held for a modification to the Site Plan Review Special Permit issued by the
Planning Board on July 21, 1988 for the exterior rehabilitation of the
Hawthorne Block (191-215 Washington Street) and the construction of a 38,400
square foot retail/office building at 29 New Derby Street (the former Mr.
Grocer Parcel) .
The applicant is requesting a modification of the Site Plan Review Special
Permit to allow for the construction to be completed in two phases, with the
ground floor of retail space for the Walgreen Drug Company to be completed in
phase one and the office space on the upper floors to be constructed in phase
two.
Gerry Kavanaugh addressed the board and explained the history of the project.
He distributed a list of proposed conditions to the members and reviewed them.
They are as follows:
1. Conformance with Plan
Work shall conform to plan entitled "Proposed Site Plan of Land, Prepared
for Minoan Realty Trust", dated May 17, 1988, or as amended by the Salem
Redevelopment Authority or its Design Review Board, provided that no
amendment is made to change item 7 of these conditions.
• 2. Amendments
Any amendments to site plans shall require the approval of the City
Planner.
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3. Utilities
Utility installation shall be reviewed and approve by the Director of
Public Services.
4. Signage
Signage shall be reviewed and approved by the SRA, DRB, and the City
Planner.
5. Maintenance
Refuse removal, ground maintenance, and snow removal shall be the
responsibility of the developer, his successor or assigns.
6 Construction Practices
All construction shall be carried out in accordance with the following
conditions:
a. No work shall commence before 7:00 A.M. on Weekdays and 8:00 a.m. on
Saturdays. No work shall continue beyond 5:00 p.m. There shall be no
work conducted on Sundays or holidays. Inside work of a quiet nature
may be permitted at other times.
• b. All reasonable action shall be taken to minimize the negative effects
of construction on abutters. Advance notice shall be provided to all
abutters in writing at least 72 hours prior to commencement of
construction.
c. All construction vehicles shall be cleaned prior to leaving the site so
that they do not leave dirt and/or debris on roadways as they leave the
site.
7. Phased Construction
Construction of the building shall be allowed to proceed in two phases,
the first consisting of a single story structure and the second consisting
of the addition of two upper floors, upon the following conditions:
a. That a copy of the lease with Walgreens be submitted to the Planning
Board.
b. That the modification to the Derby Street entrance to the Hawthorne
Building and the future mall space between the proposed building and
the existing Hawthorne Building as shown on plans submitted with the
permit application be completed upon the construction of the second
phase.
C. That a cornice as shown on the plans submitted to the Board be
constructed at the roof line of the one-story structure.
• d. That the one story structure be constructed in such a manner as to
allow the addition of the two additional floors without structural
modification to the first floor and that such structural capacity be
verified to the Board by the Building Inspector.
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e. That the permit is granted as a phased permit to run with the
building. The Planning Board is approving both phases of an ultimate
three-story structure per plans submitted, and resubmittal is necessary
for any work not completed in strict accordance with the plans.
8. Violations
Violations of any conditions shall result in revocation of this permit by
the Planning Board.
Dick Williams asked if the proposed conditions would be binding in the event
that the property were sold. Gerry Kavanaugh replied yes.
Gerry Kavanaugh also stated that he strongly recommended the approval of the
modification because Walgreens is important to the downtown.
Walter Power asked that the following be added to condition #1 "provided that
no amendment is made to change item 7 of these conditions."
Motion made by Dick Williams to approve the Site Plan Review Special Permit
Modification for Hawthorne Place seconded by Bob Ledoux and approved
• unanimously, with Kosta Prentakis abstaining.
FAFARD DISCUSSION - MATT GARRETTS RESTAURANT
Chairman Power informed the Board that on December 1, 1988, representatives of
the Fafard Company appeared before the Board for an informal review of the
proposed 8,500 square foot Matt Garretts restaurant at the intersection of
Highland Avenue and Traders Way. Such a review is required by the original PUD
permit for the entire Fafard site. At that meeting the board raised some
concerns regarding the 1.) location of the proposed driveway, 2.) Deceleration
lane on Highland Avenue and 3.) the landscaping.
Attorney John Serafini addressed the Board on behalf of the Fafard Company and
presented revised plans for Matt Garretts Restaurant based on the discussion of
the project at the meeting of December 1, 1988. He stated that they moved the
entrance 60 feet at the suggestion of Dick Williams. He noted that they have
also reserved 1360 square feet of land on Highland Avenue for the Deceleration
Lane, and have added Sea Green Juniper to be planted along the parking spaces
and along Traders Way.
Walter Power asked if any thought had been given as to the use of the rest of
the parcel. Ron Killian stated that it depends on the tenants of the area, and
that three different plans have been presented to the Planning Department. He
used the example of the Rich's proposal.
Walter Power asked Gerry Kavanaugh if these plans lined up with the rest of the
area. He stated yes. Walter Power also recommended that the next phase of
the project be compatible with this phase.
Dick Williams stated that in the overall scheme of things Traders Way is to be
a main road and he has concerns that there should be some provisions made for a
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divider on that road to ease the traffic situation. Gerry Kavanagh stated that
the Planning Department should look into the impact of that. He also noted
that there is good curb to curb width on Traders Way and that an island could
be accommodated.
Walter Power asked if the provisions made for the deceleration lane would meet
state requirements.
Dick Williams asked about the power lines that are located on that side of
Highland Avenue and in the event that the deceleration lane is approved, what
would the utilities have to say about moving the lines. Gerry Kavanaugh stated
that generally they do not care as long as they are not paying for the moving.
Walter Power asked what the length of the lease with Matt Garrett's was. John
Serafini stated that with options it was about 30 years.
Dick Williams asked what the plans called for with regards to the facade of the
elevations. Ron Killian stated that there would be landscaping at the parking
level with a masonry wall.
• There being no further discussion on the matter, Walter Power thanked those
present for their time.
Walter Power also asked that the Planning Department pull together any
outstanding questions that the Board may have concerning the Fafard site in the
event that Gerry Kavanaugh does leave.
DISCUSSION - POPE AND PROCTOR STREET CONDOS
Attorney John Vallis and the developer Charles Brett, addressed the Board on an
informal basis to see where the Planning Board would like them to go with the
project. He noted that it is in an R2 and R3 zone. He also noted that a
stream cuts through the property and they would have to go through the
Conservation Commission for approval. He stated that the proposed units will
be approximately 1100 square feet. He presented plans to the board for their
comment.
Dick Williams asked if the height of the structures would be comparable to the
rest of the neighborhood. Atty. Vallis stated yes. He also noted that the
present plan called for 19 units but that could change.
Mr.Brett also noted that the Conservation Commission had asked him to leave a
section of the Brook open and that he has done that but feels that there is no
real basis for doing that, since he has some concerns about safety and
• questions if the brook is a natural brook or runoff from Witchcraft Heights.
Kosta Prentakis asked if the parking spaces would be in proportion to the
buildings around them. They replied yes.
I
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Mr. Brett also noted that 30% of the units would be affordable housing.
Walter Power asked what kind of outdoor space would be provided.
Atty. Vallis pointed out that they have planned for common areas, and that some
units have decks or patios.
Attorney Vallis noted that they are going before the Board of Appeal at the end
of February.
There being no further questions from the Board members, Chairman Power thanked
those present for their information.
OLD BUSINESS
Walter Power asked Beth Debski if she had the information requested by the
Board concerning the Clerk of the Works inspections. She replied that she did
not have that information at the present.
Walter Power also stated that at one time the Board had considered reducing the
• square footage requirements for Site Plan Review Special Permit from 10,000
s.f. to 8,000 s.f. since many projects fall under the 10,000 s.f. minimum. He
suggested that the Board take action on that in the near future.
Linda Vaughan reported that the stairs requested by the Board on the Berrywood
Lane subdivision have not been put in yet and that there has been very little
progress made since the last meeting with them.
Beth Debski reported that she finally reached the developer and that he said
that he had been having some trouble with ice in the electrical conduit line
and that it needs to be blown out before they can do anything.
Bob Ledoux suggested that the tri-party agreements are beneficial in these
cases since the disbursement of the money is regulated.
He also asked Beth Debski to get a copy of the original PUD for the Fafard
Company so that all of the members could have a copy.
NEW BUSINESS
Walter Power informed the Board that WESX has sent a letter stating that they
would like to report on what action the Board took at the meeting. Walter Power
asked Beth Debski to call WESX after each meeting to give a summary of the
meeting.
. APPROVAL OF MINUTES
Motion made by Bob Ledoux to approve the minutes of the meeting of January 5,
1989, seconded by Linda Vaughan, and approved unanimously.
-6-
Motion made by Chuck Puleo to adjourn the meeting seconded by Kosta Prentakis,
and approved unanimously.
The meeting was adjourned at 9:,00 P.M.
RESPECTFULLY SUBMITTED BY;
----------------------------
EILEEN M. SACCO, CLERK
•
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