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1994-PLANNING BOARD r 9Ya - l5�y SALEM PLANNING BOARD .. . EXECUTIVE SESSION ' DECEMBER 15, 1994 Assistant City Solicitor Leonard Femino introduced Wendy Goldsmith to the Members . . Wendy Goldsmith- has been hired by the City of Salem ,to.. review •the the=documents submitted by GZA. . Mr. Femino indicated that the: trial for . this litigation will be held ori Tuesday, December 20, 1994 at 10: 00 a.m. in Land Court in Boston. Mr. Femino also indicated that he would be. conducting a site visit to the property on Monday, December '19 , 1994 at 10: 00' a.m. Bill Luster updated the Board at a meeting which was held at' the . Mayor' s Office with representatives from GTE, GZA and the City. Mr. Luster stated that it was. a strange meeting when it commenced. It was implied to the City that we were meeting at the request of GTE and. when we were at the meeting GTE made overtures and that there". must have been miscommunications regarding this meeting because they were not going to settle. Mr. • Luster stated that Salem State is going to be getting $4 Million dollars to buy the property. • Mr.; .•Luster stated that there were only two issues that GTE had ;agree to revisit and they were the elevation and the addition of erosion control measures . Attorney Femino stated that GTE would not even consider putting; anything on the table. R David Hart . .inf611ed the Board of what had taken place at the meeting. John Moustakis asked why GTE can't recycle what is there like they are doing in PA. ..,"Attorney, Femino read condition #16 of the'Conservation Commission' s . .'Decision- which states that any hazardous material. must be removed from site.. Wendy":.,Goldsmith stated -that if the site- is properly capped and . shAped' that it could be more usefulness... Carter Vinson .stated that the cap itself` is an issue. And if the cap' doe$n',t .work, he is reluctant to make the: City responsible. Wendy. Goldsmith stated that capping' is a real issue but".,again with . some. creative way to mitigate the . site" it could• be more. natural looking,.and the . Board might not get'. every. thing that they wanted. C 1 . J ' SALEM PLANNING BOARD MINUTES OF MEETING DECEMBER 15 , 1994 A regular meeting of the Salem Planning Board was held on Thursday, December 15, 1994 , at 7 : 30 p.m. in the second floor. conference room at One Salem Green. Those present were: Chairman Walter Power, David Hart, Carter Vinson, John Moustakis, William Cullen, Gene Collins, Kosta Prentakis , and Lee Harrington. Also present were Assistant City Planner, Staff Advisor Debbie Hurlburt. PUBLIC HEARING - WAIVER FROM FRONTAGE - 43 CLARK STREET Chairman Power read the Legal Advertisement as it was placed in the Salem Evening News . Attorney Brian King explained the history of this parcel . Mr. King stated that in 1940 Mr. Donald Frisone and his brother each bought a lot on Clark Street with the intention was for each lot to be built. upon. Attorney King stated that when Mr. Frisones brother passed away he obtained his brothers parcel, still the intention to build homes on each lot.- Attorney King stated that he has received a Variance from the Zoning Board of Appeal . Carter Vinson asked whether there was any oppostion to the petition. Attorney King stated that there was one. Mr. Vinson asked whether that opposition was from an abutter.. Attorney King stated that it was the neighbor across the street and adjacent'. Attorney King stated that Mr. Frisone is seeking a Waiver From Frontage due to the parcels history. He stated that the land was originally registered land laid out in 1906 with 50' of frontage. Mr. King also stated that most of the property in the vicinity has property with less than the required frontage. In fact, Mr. King stated that the lot across the street has less . Bill Cullen stated that if the site was originally two 50 ' frontage lots that he doesn' t think that the Board will be. setting a precident by waiving the frontage requirement. 1 City Planner-William Luster stated that the interesting part of the letter is that there is subtle agreement that we will not come up with an agreement of this issue. The threshold is that the Board must come up with eight votes to support a specific and material change which is not necessarily an easy thing to do. Carter Vinson stated that he agrees but he clari ed\that �s�aftCj .as- the proponentfl akel a change not just a vouslo change such as rearranging landscaping. Mr. Luster stated that the key is that the proponent must obtain an eight member vote for this type of application .to succeed. David Hart stated that he would like some points of clarification for the permitting granting authority. Kosta Prentakis responded that there are three things that this Board should look at and that being the old plan, the new plan and the Zoning Board of Appeals Decision. Bill Cullen stated that he would feel more comfortable by letting the petitioner go back to the ZBA and let them deny the change if they see fit because they were the Board to deny it proposal in the first place. • Walter Power stated that he did not want this Board to become a revolving door. He believes that proponents could go to the ZBA with a lesser development or an ultimate development for their purposes and if its denied by the ZBA then they come to the Board with the next development. Carter Vinson made a motion that this Board made a finding that there is a specific and material change to the property at 47 Bridge Street, seconded by Gene Collins with the following members voting: Yeahs Nays Gene Collins Walter Power Lee Harrington Carter Vinson Bill Cullen David Hart John Moustakis Kosta Prentakis With the Board voting 4 in favor, 4 opposed with the inability for the application to receive the required eight ( 8) votes the motion fails . DISCUSSION REGARDING GTE LITIGATION Assistant City Solicitor Leonard Femino was back before the Board to update the Baord on the pending litigation with GTE . A motion was made by Carter Vinson to adjourn to Executive Session, • to discuss teh pending litigation ( 8 : 26 ) , seconded by David Hart and approved on a roll call as follows : 2 Mr. Zieff informed the Board of the history of the wetland. He indicated that the Town of Swampscott had installed a new drainage pipe from which was at a higher invert than the original pipe. He also stated that he had gone before the Conservation Commission last year for approval to insta_11 a new pipe at the original invert. He explained that he had also received approval from the Town of Swampscott Public Works Department with the stipulation that he receives approval from the appropriate local permitting entities . Carter Vinson asked whether any density is being created by the reduction of the wetland. Mr. Zieff stated that he would like to be allowed to gain the density which he lost due to the wetland being increased. City Planner William Luster requested that Mr. Zieff put together a plan so that the Board may see what he is seeking specifically regarding density. Carter Vinson stated that he would like to see information regarding the original density, what was lost, and what the project is trying to recover. Kosta Prentakis asked how many acres are in this project. • Mr. Zieff stated that there are 46 acres . Mr. Zieff stated that he has lost 34 units out of 82 units because of the wetlands loss . The Board indicated that they would like Mr: Zieff to come back with plans to show where he is in development and what the plans are for future development. Mr. Luster stated that his Department would have to look at the wetlands issue. Mr. Zieff also indicated to the Board that they may want to look at the Right-of-way issue due to the possibility of the City' s ROW is now in the wetlands . The Board stated that they would defer this discussio untion he next meeting and look at the wetland issue. The Board was reminded that they were to conduct a site visit to Howley Street on Saturday, December 17, 1994 at 8 : 30 a.m. There being no further business before the Board a motion was made by Bill Cullen to adjourn the meeting, seconded by John Moustakis and approved unanimously. • The meeting was adjourned at 4 SALEM PLANNING BOARD MINUTES OF MEETING DECEMBER 15, 1994 A regular meeting of the Salem Planning Board was held on Thursday, December 15, 1994 , at 7 : 30 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Walter Power, David Hart, Carter Vinson, John Moustakis, William Cullen, Gene Collins, Kosta Prentakis, and Lee Harrington. Also present were Assistant City Planner, Staff Advisor Debbie Hurlburt. PUBLIC HEARING - WAIVER FROM FRONTAGE - 43 CLARK STREET Chairman Power read the Legal Advertisement as it was placed in the Salem Evening News . Attorney Brian King explained the history of this parcel . Mr. King stated that in 1940 Mr. Donald Frisone and his brother each bought a lot on Clark Street with the intention that each lot be built upon. Attorney King stated that when Mr. Frisones brother passed away he obtained his brothers parcel, still with the intention to build homes on each lot. Attorney King stated that he has received a Variance from the Zoning Board of Appeal for two lots . Carter Vinson asked whether there was any oppostion to the petition. Attorney King stated that there was one. Mr. Vinson asked whether that opposition was from an abutter. Attorney King stated that it was the neighbor across the street and adjacent. Attorney King stated that Mr. Frisone is seeking a Waiver From Frontage due to the parcels history. He stated that the land was originally registered land laid out in 1906 with 50 ' of frontage. Mr. King also stated that most of the property in the vicinity has property with less than the required frontage. In fact, Mr. King stated that the lot across the street has less . Bill Cullen stated that if the site was originally two 50' frontage lots that he doesn't think that the Board will be setting a precident by waiving the frontage requirement. 1 Walter Power stated that the Board should look at the old subdivision as open land and that these undeveloped lots should have 100 feet of frontage. Gene Collins stated that the original intent for these two lots were for two lots with two 50 ' frontage lots . Bill Cullen asked the proponet whether they would like to continue the public hearing so that the Planning Department could supply the Board with what has occurred on this street historically. Attorney King stated that his client would be willing to extend the public hearing. Bill Cullen made a motion to extend the public hearing until January 19, 1995 so that the Planning Department can review the history of this street, seconded by Gene Collins and approved unanimously. DISCUSSION REGARDING GTE/GZA LITIGATION Assistant City Solicitor Leonard Femino was before the Board to update the Board on the pending litigation with GTE. A Motion was made by Carter Vinson to adjourn to Executive Session, to discuss the pending litigation ( 7 : 58) , seconded by Kosta Prentakis and approved on a roll call vote as follows : Walter Power Yes David Hart Yes Carter Vinson Yes John Moustakis Yes Bill Cullen Yes Gene Collins Yes Kosta Prentakis Yes Lee Harrington Yes The Planning Board reconvened to open session at 8 : 02 due to waiting for the arrival of Wendy Goldsmith. CONTINUATION OF A PUBLIC HEARING - SPECIFIC AND MATERIAL CHANGE - 47 BRIDGE STREET. Debbie Hurlburt addressed the Board regarding 47 Bridge Street. Ms . Hurlburt reminded the Board the they had requested a legal opinion from the City Solicitor Robert Ledoux on this application and all specific and material changes in general . Carter Vinson stated that he had a problem with Attorney Ledoux's letter. Mr. Vinson stated that he believes that the Planning Board does have discretion regarding specific and material changes and he is not convinced that Mr. Ledoux' s letter indicates that. 2 City Planner William Luster stated that the interesting part of the letter is that there is subtle agreement that we will not come up • with an agreement of this issue. The threshold is that the Board must come up with eight votes to support a specific and material change which is not necessarily an easy thing to do. Carter Vinson stated that he agrees, but he clarified his opinion that as long as the proponent makes a change not just a frivolous change, such as rearranging landscaping. Mr. Luster stated that the key is that the proponent must obtain an eight member vote for this type of application to succeed. Kosta Prentakis responded that there are three things that this Board should look at one, the old plan, two, the new plan and three, the Zoning Board of Appeals Decision. Bill Cullen stated that he would feel more comfortable by letting the petitioner go back to the ZBA and let them deny the change if they see fit because they were the Board to deny it proposal in the first place. Walter Power stated that he did not want this Board to become a revolving door. He believes that proponents could go to the ZBA with a lesser development or an ultimate development for their purposes and if its denied by the ZBA then they come to the Board with the next step up development. Carter Vinson made a motion that this Board made a finding that there is a specific and material change to the property at 47 Bridge Street, seconded by Gene Collins with the following members voting: Yeahs Nays Gene Collins Walter Power Lee Harrington Carter Vinson Bill Cullen David Hart John Moustakis Kosta Prentakis With the Board voting 4 in favor, 4 opposed with the inability for the application to receive the required eight ( 8) votes the motion fails . DISCUSSION REGARDING GTE LITIGATION Assistant City Solicitor Leonard Femino was back before the Board to update the Board on the pending litigation with GTE . A motion was made by Carter Vinson to adjourn to Executive Session, to discuss the pending litigation ( 8 : 26 ) , seconded by David Hart and approved on a roll call as follows : • 3 Walter Power Yes David Hart Yes • Carter Vinson Yes John Moustakis Yes Bill Cullen Yes Gene Collins Yes Kosta Prentakis Yes Lee Harrington Yes The Planning Board reconvened to open session at 9 : 20 p.m. DISCUSSION WITH JIM ZIEFF - VILLAGE AT VINNIN SQUARE Jim Zieff introduced himself to the Board and stated that he was before the Board seeking an extension of his Special Permit for his condominium development which is to expire in February 1995 . Mr. Zieff explained that due to the economy he had to slow down the building as dictated, which is why he is before the Board. Carter Vinson asked Mr. Zieff if four years is enough time for the extension or would not. Mr. Zieff stated that according to the state of the bank industry he can only do so many units at a time and he is not sure if he can complete in four years . Carter Vinson stated that he did not have a problem with the number of years that Mr. Zieff needs to complete the project. - John Moustakis stated that the doesn' t see why the Board can't give Mr. Zieff a seven year extension. Bill Luster stated that he would be very surprised if Mr. Zieff needed seven years to complete his project. Mr. Luster clarified that the Board would be extending the subdivision portion and that Mr. Zieff would still have to come before the Board for the next site plan review stage. Carter Vinson asked whether the seven year extension would be a non-issue to the bank. Mr. Zieff stated that it would. Gene Collins made a motion to extend the subdivision decision for seven ( 7 ) years, seconded by Carter Vinson and approved unanimously. David Hart asked for clarification regarding the Town of Swampscott appeal of the Conservation Commission. 4 Mr. Zieff informed the Board of the history of the wetland. He indicated that the Town of Swampscott had installed a new drainage pipe which was at a higher invert than the original pipe. He also stated that he had gone before the Salem Conservation Commission last year for approval to install a new pipe at the original invert. He explained that he had also received approval from the Town of Swampscott Public Works Department with the stipulation that he receives approval from the appropriate local permitting entities . Carter Vinson asked whether any density is being created by the reduction of the wetland. Mr. Zieff stated that he would like to be allowed to gain the density which he lost due to the wetland being increased. City Planner William Luster requested that Mr. Zieff put together a plan so that the Board may see what he is seeking specifically regarding density. Carter Vinson stated that he would like to see information regarding the original density, what was lost, and what the project is trying to recover. Kosta Prentakis asked how many acres are in this project. Mr. Zieff stated that there are 46 acres . Mr. Zieff stated that he has lost 34 units out of 82 units because of the wetlands loss . The Board indicated that they would like Mr. Zieff to come back with plans to show where he is in development and what the plans are for future development. Mr. Luster stated that his Department would have to look at the wetlands issue. Mr. Zieff also indicated to the Board that they may want to look at the Right-of-way issue due to the possibility of the City' s ROW is now in the wetlands . The Board stated that they would defer this discussion until the next meeting and look at the wetland issue. The Board was reminded that they were to conduct a site visit to Howley Street on Saturday, December 17 , 1994 at 8 : 30 a.m. There being no further business before the Board a motion was made by Bill Cullen to adjourn the meeting, seconded by John Moustakis and approved unanimously. 5 The meeting was adjourned at 10 : 00 p.m. RESPECTFULLY SUBMITTED BY: BRA A. HURLBURT STAFF ADVISOR BN\DEB\PBMNTS12 . 15 SALEM PLANNING BOARD • MINUTES OF MEETING THURSDAY, DECEMBER 1, 1994 A regular meeting of the Salem Planning Board-was held on Thursday, December 1, 1994 at 7:30 p.m. in the Bentley School Cafetorigm, Memorial Drive, Salem, Ma. Those present were: Chairman Walter Power, John Moustakis, Bill Cullen, Kosta Prentakis, Carter Vinson, David Hart, and Chuck Puleo. Also present were City Planner Bill Luster, Assistant City Planner Beth Debski, Staff Advisor Debbie Hurlburt, and Eileen Sacco, Clerk. CONTINUATION OF A PUBLIC RING - STOP& SHOP SUPERMARKET CORP. Carter Vinson recused himself from discussion of this matter. The public hearing for Stop& Shop Supermarket Corp, was continued to January 5, 1995, because the applicant has not submitted the requested information to the Planning Board. Bill Luster stated that he would see to it that the members get the material by a week from Friday, so that they can review it before the meeting. • The Board discussed the format for the continued public hearing. David Hart suggested that those who have not yet commented on the project be allowed to speak first. Walter Power noted that the Board should be allowed ample time to ask questions. He also noted that answers to the questions raised by the neighbors should be received. Chuck Puleo suggested that the Board visit a store similar to the one proposed, to see how it fits into the neighborhood. Gene Collins suggested that they should have all of the information prior to the next meeting so that the Board can be prepared. Motion made by David Hart to continue the Public Hearing for the Stop& Shop Supermarket Corp. to January 5, 1995, seconded by John Moustakis and approved unanimously. CONTINUATION OF A PUBLIC RIN , -47 BRIDQF STREET - ATTY. STEVEN CICATELLI Debbie Hurlburt reported that Atty. Cicatelli requested a continuation of the public hearing'to December 15, 1994. • Motion made by Carter Vinson to continue the public hearing for 47 Bridge Street, seconded by Bill Cullen and approved unanimously. SALEM PLANNING BOARD MINUTES OF MEETING THURSDAY, DECEMBER 1, 1994 A regular meeting of the Salem Planning Board was held on Thursday, December 1, 1994 at 7:30 p.m. in the Bentley School Cafetorium, Memorial Drive, Salem, Ma. Those present were: Chairman Walter Power, John Moustakis, Bill Cullen, Kosta Prentakis, Carter Vinson, David Hart, and Chuck Puleo. Also present were City Planner Bill Luster, Assistant City Planner Beth Debski, Staff Advisor Debbie Hurlburt, and Eileen Sacco, Clerk. CONTINUATION OF A PUBLIC RIN - STOP & SHOP SIP .RMARKET CORP Carter Vinson recused himself from discussion of this matter. The public hearing for Stop & Shop Supermarket Corp, was continued to • January 5, 1995, because the applicant has not submitted the requested information to the Planning Board. Bill Luster stated that he would see to it that the members get the material by a week from Friday, so that they can review it before the meeting. The Board discussed the format for the continued public hearing. David Hart suggested that those who have not yet commented on the project be allowed to speak first. Walter Power noted that the Board should be allowed ample time to ask questions. He also noted that answers to the questions raised by the neighbors should be received. Chuck Puleo suggested that the Board visit a store similar to the one proposed, to see how it fits into the neighborhood. Gene Collins suggested that they should have all of the information prior to the next meeting so that the Board can be prepared. Motion made by David Hart to continue the Public Hearing for the Stop & • Shop Supermarket Corp. to January 5, 1995, seconded by John Moustakis and approved unanimously. 1 • CONTINUATION OF A RUBLIC BEARING - 47 BRIDGE STREET - ATTY N CICAIEILI Debbie Hurlburt reported that Atty. Cicatelli requested a continuation of the public hearing to December 15, 1994. Motion made by Carter Vinson to continue the public hearing for 47 Bridge Street, seconded by Bill Cullen and approved unanimously. OLD /NEW BUSINESS Sp'nale Automotive John Moustakis addressed the Board and stated that he is concerned that the Spinale Automotive property on Bridge Street is being used for something other than what was approved on the plan by the Board. He requested a copy of the decision and that the matter be looked into. • Chuck Puleo recalled that the Board had a discussion on the use of the property at the time of the approval, because the Board was concerned about parking. Bill Luster will notify the Building Inspector and have him check it out. Request for Extension of Time for Form C - Boston St. and Howley Street - Stop & Shop Supermarket Corp- Debbie Debbie Hurlburt noted that the applicant has asked that the application be granted an extension for the time in which to hold the public hearing to January 5, 1995. Motion made by David Hart to grant the extension to January 5, 1995, 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 Bill Cullen to adjourn the meeting, seconded by John Moustakis, and approved unanimously. • The meeting was adjourned at 8:40 p.m. 2 • RESPECTFULLY SUBMITTED BY: EILEEN M. SACCO, CLERK PB120194 approved as amended by the Salem Planning Board Febraury 23, 1995 3 SALEM PLANNING BOARD !' MINUTES OF MEETING THURSDAY, NOVEMBER 17, 1994 A regular meeting of the Salem Planning Board was held on Thursday, November 17, 1994 at 7:15 p.m. in the cafetorium at the Bentley School, Memorial Drive, Salem, Mass. Those present were: Chairman Walter Power, David Hart, John Moustakis, Bill Cullen, Lee Harrington, Chuck Puleo, Gene Collins, Kosta Prentakis, and Carter Vinson. Also present were City Planner Bill Luster, Asst. City Planner Beth Debski, Staff Advisor Debbie Hurlburt, and Eileen Sacco, Clerk. FORM A - 3 SAVONNA STREET- LUCILLE CIVIELLO Chuck Puleo recused himself from discussion of this matter. Debbie Hurlburt addressed the Board and explained the Form A requested by Lucille Civiello, for property located at 3 Savonna Street. She recalled that the Board granted a • waiver from frontage on this property, and that Mrs. Civiello went to the Board of Appeal for a variance to reduce the lots from her original 4 to 3 lots, and she now needs approval of this Form A. There being no comments or discussion on the matter, a motion was made by David Hart to Approve the Form A for 3 Savonna Street, seconded by Lee Harrington and approved 6-1, with Kosta Prentakis abstaining. (Gene Collins was not present at the meeting at this time.) CONTINUATION OF A PUBLIC HEARING- CALUMET STREET SUBDMSION - JIM MCDOWELL EASTERN LAND SURVEY Debbie Hurlburt addressed the Board and recalled that at the meeting on November 3, 1994, the Board requested that the applicant have City Engineer Charles Quigley review the proposed drainage system and issue comments or concerns for the installation of this system. She noted that the Board received a letter'from Mr. Quigley which she read to the Board. She noted that the one concern that Mr. Quigley had was to regrade the area in the vicinity of Melin, Aderio, • and Hung properties where the new drain-line will be installed to allow for a swale effect to alleviate more Prentakis and approved unanimously. CONTINUATION OF A PUBLIC HEARING- PLANNED UNIT DEVELOPMENT STOP& SHOP SUPERMARKETS - ATTY. JOHN SERAFINI SR. Carter Vinson recused himself from discussion of this matter. Walter Power addressed those present and stated that as decided at the last meeting on this issue, those who have not yet spoken on the matter should go first. Ward Six Councillor Sally Hayes addressed the Board and read a prepared statement. She noted that she is an elected official and has reserved her comments until this evening. She stated that she felt that the Planning Board and the City Administration have not heard the neighbors concerns. She also noted that she has been approached by a small number of her constituents who support the project, but that the great majority of them oppose the,pMect. .She cited increase in traffic and noise, a decrease in the quality of air in the neighborhood and the safety of the • children as her main points of opposition. She also noted that she felt that this is not a valid PUD, and called for the Board to deny the application. John Fifield of 23 Chestnut Street addressed the Board and stated that he is a graduate of MIT, with a degree in Urban Planning. He cited his previous work history. He noted that the burden of proof is on the developer to prove the merits of the application. He also stated that he disagrees that this project would improve the future of Salem. He also noted that the noise level of the trucks is not known because the developer did not say what that was. He also noted that he checked on the traffic expert and found that he is the best public presenter. He also stated that the arguments presented are false. He asked the Board to consider whether the Stop & Shop application meets the standard. He also stated that he feels that the this proposal fails the test of being clearly advantageous. He urged the Board to vote No on the proposal and end it here. He noted that a no vote will not destroy anything, and the future of Salem does not he in the approval of this application. • Peter Paskowski of 92 Derby Street addressed the Board and • able to get into Salem. She also expressed concern for the value of her home and the loss of small businesses and the hand of big business. Daniel Durgan of Revere addressed the Board and stated that he is in the process of fighting a similar proposal in Revere. He stated that they visited neighbors of Super Stop &Shops in Stonham, and noted that the neighborhood has run down. He also noted that he did not feel that 1050 foot buffers would effect the noise. He stated that if the neighbors let them into the neighborhood, they would take it over. Peabody Ward 3 Councillor James Moutsoulas addressed the Board and stated that Crystal Systems wanted to buy that property and would have employed 250 people. He also noted that he has lived in that neighborhood for 40 years and that the members of the Planning Board are an appointed Board and in 2 years they probably won't be here, and asked them to hink about how they would feel when they see the ruined neighborhood, and the quality of life in the neighborhood, as the result of this decision. • Maureen Kiley of 15 Bow Street, Salem addressed the Board and showed a slide presentation depicting the views from several of the abutters on Beaver Street looking at the present site and interjected pictures of a supermarket to show the view of the abutters should the store be built. Ms. Kiley's presentation also included photos of traffic at various times of the day. She stated that the Planning Board should not put another situation in that neighborhood that would increase traffic until they solve the traffic problems that are there now. She also noted that Stop& Shop is not a good neighbor and that the cars are no imagination. Joan Sweeney of 22 Silver Street addressed the Board and read a letter of opposition from Tom and Judy Nicewander of 28 Silver Street who were unable to attend the meeting. Mrs. Sweeney also read a letter of opposition from John trash Orchard. s. Sweeney also submitted historical data and photographs and called for the Salem Historic Commission to become involved in this process. She also noted that Mass Audubon • has been called in to identify wildlife on the site. • David Turk of 5 George Rd., Peabody, Ma. addressed the Board and stated that he doe not envy the Board Members with the decision that they have to make, noting that you make enemies no matter which way you vote. He also stated that he is in favor of the project, noting that the site is blighted. He stated that he felt that the fears that people have are unfounded. Natalie Ross of Silver Street addressed the Board and stated that she disagrees with Mr. Turk. She noted that the neighbors knew nothing of the Crystal Systems deal. She also questioned why Stop& Shop would purchase two buildings if they were not sure that they would be able to build there. Atty. Serafini replied that the buildings were under agreement and the agreement was about to expire, so they bought the buildings. Russell Thatcher of 12 Grove Street addressed the Board and stated that we have heard a lot of arguments that this is the wrong site for the wrong business. He stated that he did research on IS Stop& Shop Buildings, focusing on the land area in relation to the footprint of the store and he • feels that this site is a small site for the size of the store proposed . Salem Councillor At La ge Bill dr the Board and stated that he was present at Boa of H Meeting when they heard the matter. He not at the Board or Health will be reporting their findings to the Planning Board. Mr. Bums noted that all of the questions concerning noise, the environment, and the quality of air were answered by Stop&Shops hired guns, and that he is prepared to go to the City Council and ask for an appropriation of money for an independent study for the Board of Health. Michael Averill of 28 Grove Street addressed the Board and presented a slide show, which highlighted passages from the data presented that he is concerned about inconsistencies in. He asked the Board to have Stop& Shop reveal the numbers that they used for the traffic report. Walter Power stated that the Planning Board would be reviewing that informatin to see if the numbers are realistic and will not try to fool anyone. • Mr. Averill showed a map indicating the access area to Salem and pointed out the areas that the traffic would effect. He requested that the Board continue the public hearing so that • the neighbors can get the answers to their questions. Walter Power stated that the Board would be continuing the Public Hearing until December 1, 1994. Mr. Power also stated that he took issue with Mr. O'Leary's remarks about the neighbors doing the planning departments work. He stud that they Planning Department is working to gather all of the informatiori that the Board needs to make a decision. Sally Hayes addressed the Board and stated that the Council has a meeting on December 1, 1994 and it could be a lengthy meeting, so Councillors wishing to attend the Planning Board would be unable to do so. After some deliberation the Board decided to hold the meeting on December 1, 1994 if all members can be present. Sally Hayes expressed her feeling that a City Council meeting takes precedence over a Planning Board meeting. Walter Power stated that the members all have jobs and commitments, and December is a busy month, so they will stick to their regular schedule of the first and third Thursdays of the month. Bill Cullen addressed Atty. DiMento and took issue with his • remarks concerning the new Board Members,of which he is one. He asked Atty. DiMento if he knew him, and was he privy to the conversations that took place between he and the Mayor, when he was asked to be a member of the Board. He stated that he has been a life long resident of the city and that at no time during the conversation did the Mayor ask him what his position was on any issues, and he resented being called a"clone of the Mayor." He also stated that he intends to vote the way he feels as a resident of the City of Salem. u�r0 Atty. DiMento stated that he did not call the new members clones, that he said don't be clones to the Mayor. David Hart asked that the before traffic cou d after traffic counts be compared.c , as ed for a report on the noise of the refrigeration trucks and overnight storage and operation levels. There being no further questions at this time, a motion was made by David Hart to Continue the Public Hearing to December 1, 1994, seconded by Chuck Puleo and approved unanimously. • There being no further business to come before the Planning • SALEM PLANNING BOARD G / MINUTES OF MEETING NOVEMBER 3, 1994 A regular meeting of the Salem Planning Board-was held on Thursday, November 3, 1994 at 7:30 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Walter Power, David Hart, Bill Cullen, John Moustakis, Kosta Prentakis, Lee Harrington, Chuck Puleo and Gene Collins. Also present were Staff Advisor Debbie Hurlburt, and Eileen Sacco, Clerk. The meeting was called to order at 7:30 p.m. by the Chairman, Walter Power. FORM A - CECILE BERUBE 18 WILLSON STREET Debbie Hurlburt addressed the Board and stated that the applicant, Cecile Berube was granted a waiver from frontage at the October 6, 1994 meeting of the Planning Board. She noted that the condition of the approval of the waiver from frontage was that it be noted on the plan that the property may only be used for residential property. She also noted that the requirement is noted on the plan. There being no further questions or comments regarding this Form A, a motion was made • by Kosta Prentakis to approve the Form A for 18 Willson Street, seconded by Lee Harrington and approved unanimously. CONTINUATION OF A PI IBL-IC HEARING- DEFINITIVE SUBDIVISION- CAI. IMFT -STREET - ATTY. JACK KFILTY REPRESENTING HEWITT CONSTRUCTION Atty. Jack Keilty addressed the Board and stated that since the original submission of the Sub-Division plans they have made a series of revisions at the request of the Salem Conservation Commission. He noted that they originally planned to store water in land adjacent to the property named Gagnon on the plan, and they now propose to pipe the water into a system at Summit Terrace. He further noted that this change was made at the request of the Conservation Commission due to the concerns of the neighbors. He also stated that there would be no construction of a wall as planned. Atty. Keilty asked that the Board grant approval of the plan tonight, on the condition that the Conservation Commission approves the plan. He stated that they would like to start construction this season if possible. Walter Power stated that he would like to see the Conservati n Commission approval before the Board approves the plan. Chuck Puleo asked Wthe status of the Conservation approval was. Debbie Hurlburt stated that they would be closing the Public Hearing at their next meeting on November 10, 1994, and • they would issue an Order of Conditions at the following meeting. She also noted that she has not drafted the decision and that it could be done at the next meeting on November • could only be a 4 family house legally. He stated that they went to the Board of Appeal for a variance, and the request was denied due to insufficient parking. Atty. Cicatelh explained the changes that they have made to the plan. He stated that they have increase the parking spaces from 2 to 4 spaces. He asked that the Board approve the request for a Determination of a Specific and Material Change. Kosta Prentakis noted that they would need 9 spaces for a six family dwelling. Atty. Cic fated th are no requesting 6 family dwelling. He also noted that the vote of the Board of Appeal was 3-2 and they needed 4 votes. He suggested that one of V/ the members may change their mind on this request. He also noted that there was no neighborhood of to the plan. Walter Power opened the meeting up for public comment at this time. Mr. Young addressed the Board and stated that in 30 years there has never been a problem and that he supports the request. Joyce Nelson who abuts the property addressed the Board and stated they had previously run a business out of there property and they never had a problem with cars. She expressed her concern that she is in the process of trying to sell her property, and is concerned that the parking could affect the selling or leasing of the property. • Bill Cullen noted that he understands both arguments and that he felt that the Planning Board should decide if this is a specific and material change, and let the Board of Appeal decide the rest of the concerns. Debbie Hurlburt noted that when a specific and material change goes to the Board of Appeal, they must first decide if the matter is a specific and material change. David Hart stated that he would like to see the plan that was denied by the Board of Appeal. He also suggested that the applicant see if tandem parking would be a solution on his property. Atty. Cicatelli stated that he would meet with the Building Inspector and discuss those concerns. Motion made by David Hart to continue the request for a specific and material change for 47 Bridge Street, to December 1, 1994 seconded by John Moustakis and approved unanimously. DISCUSSION WITH JAMES ZFEFF - REGARDING VHLAQF AT VINNIN SOT JARF Mr. James Zeiff addressed the Board and stated that he wanted to informally discuss the future plans he has for phase 3 of his project Village at Vinnin. He noted that they have • 51 units to finish. He reviewed the history of his project, and invited the Board on a site I SALEM PLANNING BOARD MINUTES OF MEETING TUESLA.Y , OCTOBER 25 , 1999 A special meeting of the ::,,lem Planning Board was held on Tuesday, October 25 , 1999 at 7 : 30 a .m. in the second floor conference room at One Salem Green. Those present were : Cna rman Walter 'rower , III , L. Lee Harrington, William Cullen, John Moustakis , Kosta Prentakis, Gene Collins, Carter Vinson, David Hart and Chuck Puleo. Also present was Staff Advisor Debbie Hurlburt . SPECIFIC AND MATERIAL CHANGE - 296 HIGHLAND AVENUE Debbie Hurlburt reviewed with the Board the events which have occurred regarding the Specific and Material Change for 296 Highland Avenue. Ms . Hurlburt stated that this application had been before the Board but there were some concerns raised which resulted in a request for a legal opinion to the Assistant City Solicitor . Walter Power stated that he would like to thank Carter for his research of this matter and he would ask that a meeting with the Board of Appeal be scheduled to discuss various issues . Chairman Power stated that he would like to put this issue on the next agenda for the Planning Board to discuss . Carter Vinson stated that we would have to post a public hearing to hold a meeting with the Board of Appeal . Gene Collins questioned whether there is a precedent for peer reviews . Walter Power stated that Fie did not want to become a revolving door for this issue. Walter Power questioned whether there were any other issues or questions regarding this Specific and Material Change . There being none, a motion was made by Gene Collins to approve the Specific and Material Change, seconded by William Cullen and approved 8-1 with Carter Vinson in opposition. There being no further business to come before the Board at this meeting a motion was made by Kosta Prentakis to adjourn the meeting , seconded by David Hart and approved unanimously. The meeting was adjourned at 8 : 30 a .m. �?�� "FULLY SUB TTEL: STAFF ADVISOR i • SALEM PLANNING BOARD MINUTES OF MEETING TUESDAY , OCTOBER 25 , 1994 A special meeting of the Salem Planning Board was held on Tuesday, October 25 , 1994 at 7 : 30 a .m. in the second floor conference room at One Salem Green . Those present were: Chairman Walter Power , III , L. Lee Harrington, William Cullen, John Moustakis, Kosta Prentakis, Gene Collins, Carter Vinson, David Hart and Chuck Puleo. Also present was Staff Advisor Debbie Hurlburt . SPECIFIC AND MATERIAL CHANGE - 296 HIGHLAND AVENUE Debbie Hurlburt reviewed with the Board the events which have occurred regarding the Specific and Material Change for 296 Highland Avenue. Ms. Hurlburt stated that this application had been before the Board but there were some concerns raised which resulted in a request for a legal opinion to the Assistant City Solicitor . Walter Power stated tnat he would like to thank Carter for his research of this matter and he would ask that a meeting with the Board of Appealto discuss various issues . Chairman Power stated th would ike to put this issue on the next agenda for the Planning Board to discuss . Carter Vinson stated that we would have to post a, public hearing to hold a meeting with the Board of Appeal . Gene Collins questioned whether there is a precedent for peer reviews . Walter Power stated that he did not want to become a revolving door for this issue. Walter Power questioned whether there were any other issues or questions regarding this Specific and Material Change. There being none, a motion was made oy Gene Collins to approve the Specific and Material Change, seconded by William Cullen and approved 8-1 with Carter Vinson in opposition. There being no further business to come before the Board at this meeting a motion was made by Kosta Prentakis to adjourn the meeting , seconded by David Hart and approved unanimously . The meec : ng was adjourned st 8 : 30 a .m. RESPECTFULLY SUBMITTED: • (].E.AR . L . HURLBURT TAF ADVISOR J SALEM PLANNING BOARD • MINUTES OF MEETING THURSDAY, OCTOBER, 20, 1994 00 A regular meeting of the Salem Planning Board'was held on Thursday, October 20, 1994, at 7:30 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Walter Power, David Hart, Carter Vinson, Bill Cullen, Chuck Puleo, John Moustakis, Gene Collins, and Kosta Prentakis. Also present were Staff Advisor Debbie Hurlburt, and Eileen Sacco, Clerk. DETERMINATION OF A SPECIFIC AND MATERIAL CHANGE - 296 HIGHLAND A >E - MR QTARYNADEAU Debbie Hurlburt addressed the Board and stated that Mr. Nadeau was present at the meeting to request a Determination of Specific and Material Change for his property at 296 Highland Avenue. She noted that Mr. Nadeau appeared before the Board on October 6, 1994 and his request was denied. She also noted that the Board had requested an opinion from Assistant City Solicitor Leonard Femino and he has responded in writing that he is of the opinion that the Planning Board may vote favorably with a substantial and material change application in this situation. • Carter Vinson addressed the Board and noted that he did his own legal research in the matter at his own expense and he is still concerned that the language in the Board of��� Appeal decision stated that the use was not in the public good or without nullifying and/ substantially derogating from the intent of the district or the purpose of the ordinance -u-e also stated that he felt that it is a Board of Appeal issue and they should be addressing it. He also stated that he requested that this issue be brought before the fiill Board because he is not in favor of it and4heis a member missing this evening. Bill Cullen addressed the Board and stated that it seems that the Board is in limbo, and the opinion of the City Solicitor is that the he does not feel that it is the responsibility of the Board to interpret the law. He stat4hat he would like to see it go back to the Board of Appeal. Carter Vinson noted that it is a matter of principle. Bill Cullen stated that he did not feel that the principles of the Board were being sacrificed. Mr. Nadeau addressed the Board and stated that when he went before the Board of Appeal there was no neighborhood opposition, and he felt that Mr. Barrett was trying to determine how many cars could be on the lot, and the Licensing Board has that authority. . He also noted that they gave him a license for 25 cars , noting that the site was used for a car dealership for 31 years prior to this. • • OLD I NEW BUSINESS Form A - Barnes Circle Debbie Hurlburt addressed the Board and stated that she needed a motion to approve a Form A for property located on Barnes Circle. She noted that it was found that part of the land approved was recorded land and needed to be shown on the plan. Motion made by David hart to approve the Form A for Barnes Circle, seconded by Bill Cullen and approved unanimously. Hilton Street - Sign Plan Debbie Hurlburt addressed the Board and noted that the twenty day appeal period for the approval process is up and the Board needs to sign the plans. Correspondence Debbie Hurlburt read a letter to the Board from Atty. John Serafini extending the time for the Board to Consider the Form C application for Boston and Howley Streets to December 15, 1995. Motion made by Kosta Prentakis to approve the extension to December 15, 1995 for the Form C application for Boston and Howley Streets, seconded by David Hart and approved 7-1 with Carter Vinson recusing himself from the matter. • Other Business David hart asked if the Planning Department ever got an answer regarding the B ast the YMCA: He noted that the chains are now rusted and the landscape plan was supposed to be worked out, and it never was. Debbie Hurlburt will look into the matter. Chuck Puleo asked about the landscaping for Blockbuster Video on Highland Avenue. Debbie Hurlburt stated that Will Beaulieu has been ere and he will be going out t again, and she will have him check on the matter. ater rnson also noted that there are supposed to be some rocks moved to improve vis and that has not been done either. There being no further business to come before the Planning Board at this meeting, a motion was made by John Moustakis to adjourn the meeting, seconded by Bill Cullen and approved unanimously. The meeting was adjourned at 10:00 p.m. RESPECTFULLY SUBMITTED BY; • EILEEN M. SACCO, CLERK PB102094 ' V SALEM PLANNING BOARD • � MINUTES OF MEETING WEDNESDAY, OCTOBER 19 , 1994 A special meeting of the Salem Planning Board was held on Wednesday, October 19, 1994 at 7 : 30 p.m. in the Bentley School Cafetorium, for the purpose of holding a Public Hearing for the application of Stop & Shop for a Special Permit , Planned Unit Development. Those present were: Chairman Walter Power, David Hart, Bill Cullen, Lee Harrington, Kosta Prentakis , John Moustakis, Gene Collins, and Chuck Puleo. Also present were City Planner William Luster, Assistant City Planner Beth Debski , Staff Advisor Debbie Hurlburt , and Eileen Sacco, Clerk. These proceedings were video taped by Salem Access Television, and a private party on behalf of the Salem Ward Four and Six Neighborhood Association. Chairman Walter Power called the meeting to order at 7: 35 p.m. , and explained the procedures for the public hearing. He asked that those wishing to speak at the meeting step up to the microphone, and give their name and address • for the record . Walter Power called on Attorney John Serafini Sr. to address the Board . Atty . Serafini addressed the Board on behalf of his client Stop S Shop Supermarket Corp. , for their application for a Planned Unit Development (PUD) for the construction of a Stop & Shop Supermarket on Boston and Howley streets . Atty . Serfini explained the history of the parcel , which he referred to as a blighted area, which was the scene of a fire 12 years ago. He also noted that prior to the filing they held several neighborhood meetings regarding the proposal and invited comments and suggestions from the neighbors . He also stated that representatives of Stop & Shop were present at the meeting and introduced Elizabeth Frank and William O 'Brien from Stop & Shop and Atty. David Green, counsel for Stop & Shop. Atty. Serafini introduced Mr. James McDowell of EasternLand Survey of 104 Lowell Street Peabody, to explain the plans for the project . Mr. McDowell addressed the Board and noted that they prepared the bulk of the plans for the project. He showed • the plans on a slide projector. He identified the area around the property noting Boston and Howley Streets, the MBTA tracks, Beaver Street, Safford Street, and Silver • recommended the modification of a traffic signal on Main Street in Peabody , and possibly the traffic signal at Boston and Proctor Streets in Salem. Mr. Vanessaalso explained that the propose to widen Howley Street at Walnut Street and make- Howley Street three lanes . He also stated that they plan to install a traffic signal at Boston Street and Aborn Street , and re-stripe Boston Street. He noted that with that mitigation in place there should be a safer flow of traffic for residents exiting onto Boston Street from Aborn Street . store wou - - ging areas . He stated that the traffic would be all local traffic, and that the intrusion to the neighborhood would be minimal to what exists now. Atty. Serafini addressed some facts that he wished to clarify. He noted that the project would bring increased tax dollars to both Salem and Peabody, and would create 350 new full and part time jobs ,and a summer jobs program, as well as construction jobs . He also estimated that the store would have an annual payroll of about 3 Million dollars . Atty . Serafini also noted that the traffic improvements would be an asset to the communities , and they have made an • agreement to contribute to the proposed bicycle path. Walter Power asked for questions from the Planning Board members at this time. David Hart asked what the hours of operation would be for the store. Atty . Serafini stated that they plan to abide by the local zoning ordinance regarding the hours of operation, and he thought that was 7A.M. to 11P.M. He also noted that deliveries would be coordinated during hours of operation only . David Hart addressed the Acoustical Engineer and asked if they had done a sound reading during the hours of 2 a .m. and 3 a.m. , noting that 40 decibels is typical of quiet suburban area . He also asked if there were any supermarket locations with this mitigation package that the Board could visit. David Hart also addressed the traffic issue and recalled that Mr . VanessVstated that the traffic would be drawn from the local area . Mr . Vaness stated that of the actual numbers 60% of them are shopping somewhere?????????????? David Hart also asked about the use of refigeration trucl�that may be deposited at the back door and allowed to stayllthere overnight. He asked what the decibel level would • be of the A/C power in the back of the store that would run the compressor . Mr. O 'BrienStop & Shop addressed the question and stated that the d ' esel engines would be shut • would change the character of the neighborhood . He also corrected Atty . Serafini ' s remark that this was the first project that has been proposed for this parcel . He recalled that there was a proposal for a housing development which he also opposed . David Turk of 6 George Road Peabody, addressed the Board and stated that he is in favor of the project , stating that he felt that it would be a welcome addition to the area and he heartily supports the project. John Jeffers Jr. of 13 Shamrock Ave. addressed the Board and stated that he was in favor of the project , noting that he elt that the project would do a lot for the neighborhood. He also noted that he knows that a lot of people who are in favor of the proposal are afraid to speak out because of criticism from the opponents of the project. Bill Andrews of Mason Street in Salem addressed the Board and stated that he is against the project . He also expressed his concern about the presence of rats on the property, and the increase in them that would result from the construction. He also noted that there is a lot of water that backs up on Howley Street during heavy rains . • Jeff Boland of 12 Shirley Rd. Lynn, Mass . addressed theloard and stated that he is a union leader for the union that represents the employees of Stop & Shop. He stated that he has found Stop & Shop to be the most honest and above board company that he deals with. Mr. Viselli of 31 Gallows Hill Rd . addressed the Board and stated that he works in the food industry and he is opposed to this project . He noted that Stop & Shop walked out of Vinnin Square . He also disputed the 300 jobs that the project would create with a 3 million dollar payroll , figuring that it would come down to an $8 ,000.00 salary which is not much to live on. Ray LeTarte of 15 Colby Street addressed the Board and stated that he is in favor of the project , because it would create jobs, noting that Salem lost a lot of jobs with the closing of Parker Brothers . He also noted that the project would increase the tax base for the city . Walter Power asked if there was anyone else who wished to speak in favor of the project. There being no one present at this time, he open the meeting up to those who wished to speak in opposition to the project . Salem Councillor At Large William Burns addressed the Board , • and stated that the Salem City Council voted at their last meeting to send a letter to the Planning Board urging them to send this request for a PUD back to the City Council for • letter in the Salem Evening News which stated that the proposed store would create 50 full time jobs and 300 part time jobs . She also noted that she went through the telephone book and compiled a list of business that would be affected by the Stop & Shop, called them and found out how many employees they have both full and part time. She also stated that she went to the City of Salem Assessors office and found out that Shaw ' s pays $217 ,000 in taxes and Purity pays $241 , 974 in taxes annually to the City of Salem. She presented her survey to the Board to consider . Joan Sweeney of 22 Silver Street , Salem, addressed the Board and expressed her anger of the interference of the Unions during this proceeding. She noted that she is a retired Union member, and she resented their getting involved in this matter . Mrs. Sweeney also read a letter of opposition from Melissa Febonio of 30B Silver Street, who was unable to attend the meeting. Councillor At Large Jane Stirgwolt addressed the Board and stated that she did not believe that the petition was in line with the intent of the PUD. She noted that she echoed the. -request of Councillor Burns that the Board deny the petition and send it back to the City Council where it belongs . Councillor Stirgwolt stated that it is easy to put • the decision making process in the hands of an appointed Board without regard for political ramifications. She also noted that she has been approached by some people who support the project, and some who are not comfortable with it but are afraid to speak out because of fear of retribution. Councillor Stirgwolt also noted that the PUD process needs to be analyzed , and needs to be reviewed to see if the proposal is compatible with existing businesses that have been located there in accordance with existing zoning law. She also stated that there would be a serious impact on the other supermarkets in the area , and questioned if the project would be sufficiently advantageous to the City. David Pelletier of Crombie Street addressed the Board and stated that he wished tha they had designed a building for Salem. He also noted thaa thinks that Salem is in trouble , referring to the school system. Ward Four Councillor Leonard O'Leary addressed the Board and stated that he has been a proponent of a New Master plan and stated that he has asked Stop & Shop to look for another site . He asked the Planning Board to reject the PUD, so that they would have to go before the City Council for a zoning change . • Chairman Walter Power noted that it was 11 :00 p.m. and that he would like to continue the Public Hearing until November 17 , 1994 at 7 : 30 p.m. He stated that the hearing will be SALEM PLANNING BOARD MINUTES OF MEETING THURSDAY, OCTOBER 6, 1994 A regular meeting of the Salem Planning Board was held on Thursday, October 6 , 1994 at 7 : 30 p.m. in the second floor conference room at One Salem Green. Those present were : Chairman Walter B Power , III , L. Lee Harrington, William Cullen, John Moustakis, Chuck Puleo, Gene Collins, and Carter Vinson . Also present were Assistant City Planner Beth Debski , Staff Advisor Debbie Hurlburt . FORM A - 121-123 BOSTON STREET Debbie Hurlburt addressed the Board and stated that a Request for Waiver from the Subdivision Control Law on this property had been approved by the Board and the 20 day appeal period has passed and due to the granting of the Waiver Request the Form A plan is now in order to endorse. Walter Power questioned whether the 14 ' Right of Way known as Prospect Avenue is an issue which the Board should consider . Beth Debski responded no and stated the Prospect Street in this area is a constructed roadway . William Cullen made a motion to approve the Form A, seconded by Lee Harrington and approved 6-0 . FORM A - 20-22 BARNES CIRCLE/7 CLARK STREET Debbie Hurlburt stated that the second item on the agenda is a Form A application but due to some additional information needed on the plan to conform to Registered Land issues , the applicant would like to request an extension on the action and discussion of the plan until October 20, 1994 . Lee Harrington made a motion to extend the action of the Board until October 20 , 1994 , seconded by William Cullen and approved 6- 0 . FORM A - 1 PEABODY STREET Attorney Matthew Regan representing 6. ? . Ventures, Inc. of Peabody discussed with the Board the site or ]. Peabody Street in which his client is seeking Form A approval . Attorney Regan stated that the site is Located in a B-5 district which requires 30 feet of frontage and 2 , 000 s . f . of lot area for this district . In addition, Attorney Regan stated that the site is located on an improved puol.ic way . Walter Power stated that a Form A seems to be in order . 1 John Moustakis made a motion to approve the Form A, seconded by Chuck Puleo and approved 6-0 with Carter Vinson abstaining . WAIVER FROM FRONTAGE 18 WILLSON STREET Attorney Henry Lucas of 93 Washington Street addressed the Board to present plans for Cecile Berube for a Request for a Waiver From Frontage for property located at 18 Willson Street . Attorney Lucas stated that he has received a Variance from the Board of Appeal for frontage and density requirements. Attorney Lucas also stated that the property is located in a mixed zone indicating on the plan the property is zoned R-2 and B-1 and that the neighborhood is primarily residential . Attorney Lucas stated that Mrs . Berube purchased that property in 1941 when the neighborhood was laid out and that at that time Lot 2 was a separate lot but was automatically merged after that time . Attorney Lucas stated that these two lots will still be in keeping with the surrounding area and Mrs . Berube wants to sell the land and have a new home built upon it . Gene Collins asked how far Jefferson Avenue is to the property. Attorney Lucas responded that is was approximately 100 feet . Chuck Puleo asked whether Lot Two, which is now in a B-1 Zone, had any restrictions on it . Walte: Power questioned whether the lot could be built as a commercial lot . Attorney Lucas stated that this lot is not being marketed as a commercial. lot and that. Mrs . Berube is not a developer and her attempt is to keep it as a residential. lot . In addition, Attorney Lucas stated that he wculd agree in conditioning the lot as a residential lot . Gene Collins stated that the lot is more appealing to a garage or a business across the street . Walter Power stated that it could be off street parking . Attorney Lucas reiterated that Mrs . Berube does not want to market for anything other than residential and that she does not intend to sell her home . Carter Vinson asked whether the Board could condition a decision putting a restriction on the sale of the property. Walter Power stated no, he did not think that the Board should do that . 2 Gene Collins said that he tended to agree . Debbie Hurlburt read a letter from Wayne and Elizabeth Malionek of 6 Wilson Street into Che record regarding their opposition of the Request . Lee Harrington asked Mrs . Berube whether her intention in marketing this lot was for a single family home . Mrs . Berube agreed to place a condition on her deed transferring the property that her property would be used for residential purposed . Carter Vinson asked Attorney Lucas if Mrs. Berube understood this was a lossed economic opportunity. Mrs . Berube stated that she understood this . Motion was made by Carter Vinson that the Board approved the requested waiver , seconded by Gene Collins and approved unanimously . SITE PLPN REVIEW - BUSINESS PARK DEG[LOPMENT - 400 HIGHLAND AVENUE Scott Patrowitz from Patrowitz Eng.iieering addressed the Board on the exfi.ltration system which is being proposed for the property . Mr . Patrowitz stated that this type of system allows for water to run,-off the property and stay in the ground by way of this system. Mr . Patrowitz stateri that e.here are several catch basin type structures with dry wells and sumps and with regular clean-out and maintenance that this system will work fine. Mr . Patrowitz stated that the catch basins go to an 18 ' pipe . that leaches through perforated pipes and that stones placed around the pipes will take up the water . Walter Power questioned Mr . Patrowitz regarding when he came to this type of system what contribution does the above area do to this site . Mr . Patrowitz explained the grades on Highland Avenue. He also stated that the groundwater is between 3-5 feet lower than the system designed . Walter Power asked what the potential for reverse flow and whether there is any history of water puddling in this area . Mr . Patrowitz stated that: historic;yll.y the area was substantially lower than it is now due to filling that occurred previously. Debbie Hurlburt read the draft de.rn :;ion to the Board. Walter Power stated that tie has concerns still with the drainage system due to the issue of maintenance and said that there must be an awareness to have this maintenance done regularly. 1 Chuck Puleo asked whether the dumpster area is large enough to accommodate all tenants . Hillary Rocket stated that it was . Walter Power asked if the State allows for this curb cut and that they may also require longer acceleration lane . Hilla_y Rocket stated that the pi.,ns are drawn to the States ' specification. Walter Power asked wr.etP:r_r there were any other issues or points regarding the draft deci.s on . There being none a motion: ::as maae �r.- Lee Harrington to approve the Site Plan. Review - Business Pari Development with conditions , seconded by William Cullen and appr.)�� d. JOINT PUBLIC HEARING DISCUSSION - TIiBRMAL CIRCUITS The Planning Board discussed the Joint Public Hearing which was held with the City Council regarding a zoning amendment for 4 Jefferson Avenue which would change an area from an R-2 District to an Industrial District . The Board supported the zoning amendment based on the facts that the area has historically been an industrial site since the great fire and that the area has never been used as anything other than industrial . John Moustakis made a motion to send to the City Council a recommendation to support the zoning amendment , seconded by Gene Collins and approved 7-0 . JOINT PUBLIC HEARING l•IaCUSSION - Ft.,ANNED UNIT DEVELOPMENT tat _ Beth Debski s ed to he Board that when the City Council and the Planning Board initially held the first Joint Public Hearing a great deal of review and rl.iscussicn, occurred. Ms . Debski stated that the Planning Department is recommending utilizing the recommendation which was sent to the Council with the appropriate modifications such as daises, etc. Walter Power stated trier. at: the most recent Joint Public Hearing discussion occurred regarding adding language regarding market share as part of input: to the amendment . Ms . Debski stated that :,ni- will ci.eci- an the issue of market share . A motion was made by Chici•: Puleo to send the recommendation which was previously developed by the Planning Board with the appropriate modifications to the City Council , seconded by John Moustakis and approved 7-0. 4 OLD BUSINESS Walter Power seated that. he .vent on a site visit with the Conservation Commission to Calumet _;rr.eet at which time three options were discussed for the drainage . Attorney Kei.lty sent a 'Letter ro the Planning Board requesting an extension to the Public Hearing to November 3 , 1994 . A motion was made by Cartel: Vinson to extend the Public Hearing for Calumet Street , seconded by Chuck Puleo and approved 7-0 . Debbie Burlburt requested that all Board members be in attendance at the next regularly held meeting due to two Specific and Material Changes before the Board Carter Vinson stated that lie wanted i:o clarify to the Board that he rejected the Specific and Material Cnange for 296 Highland Avenue due to the use variance denial by the Board of Appeal . Mr . Vinson stated that he did noc feel comfortable accepting a Specific and Material Change to a plan when the use had not changed and that ' s what was denied by the Board of Appeal . Debbie Hurlburt stated th: i. sne would seek a legal opinion from the Assistant City Solicitor a3 to what the Planning Boards purview is on a specific and material, change . There being no further bio-,i.ness to come before the Board at this meeting a motion was made ey Gene Collins to adjourn the meeting , seconded by Chuck Puleo and approved 7-0 . The meeting was adjourned at 10 : 05 RESPECTFULLY SUBMITTEi? B'i : STAFF ADVISOR EX\PB\PBMNTS10 . 694 SALEM PLANNING BOARD • MINUTES OF MEETING THURSDAY, OCTOBER 6 , 1994 A regular meeting of the Salem Planning Board was held on Thursday, October 6 , 1994 at 7 : 30 p.nt. in the second floor conference room at One Salem Green . Those present were : Chairman Walter B Power , III , L. Lee Harrington, William Cullen, John Moustakis, Chuck Puleo, Gene Collins , and Carter Vinson. Also present were Assistant City Planner Beth Debski , Staff Advisor Debbie Hurlburt ate, Saeee �3EPR. FORM A - 121-123 BOSTON STREET Debbie Hurlburt addressed the Board and stated that a Request for Waiver on this property had been approved by the Board and the 20 day appeal period has passed and due to the endorsement of the Waiver Request the Form A plan is now in order to sign. Walter Power questioned whether the 14 ' Right of Way known as Prospect Avenue is an issue which the Board should consider . Beth Debski responded no and stated the Prospect Street in this area is a constructed roadway. • William Cullen made a motion to approve the Form A, seconded by Lee Harrington and approved 6-0 . FORM A - 20-22 BARNES CIRCLE,? CLARK STREET Debbie Hurlburt stated that the second item on the agenda is a Form A application but due to some additional information needed on the plan to conform to Registered Land issues the applicant would like to request an extension ot, the action and discussion of the plan until October 20 , 1994 . Lee Harrington made a motion to extend the action of the Board until October 20 , 1994 , seconded by William Cullen and approved 6- 0 . FORM A - 1 PEABODY STREET Attorney Matthew Regan representing G.P . Ventures , Inc. of Peabody discussed with the Board the site of 1 Peabody Street in which his client is seeking a Farm It endorsement . Attorney Regan stated tnat the site is located in a B-5 district which requires 30 feet of frontage and 2 , 000 s . f . of lot area for this district . In addition, Attorney Regan stated that the site is located on an improved public way . Walter Power stated that a Form A seems to be in order . 1 • Gene L:�� 11.ins said cnai nc cenaed ( •. o C2e . Debbie Hurlburt read s icccer from wavne and Elizabeth Malionek of 6 Wilson Street into rile record regarding their opposition of the Request . Lee Harrington asked mt ,- . : crUue her intention in marketing this l.oc was for a singic camil.: ir•Dme . Mrs . Berube stated yes , sne is . Motion was made by Carter linsoi. that the Board approved the requested waiver , seconded oy Gene Collins and approved unanimously . SITE PLAN REVIEW - 400 HIGHUND AVENUE Scott Patrowitz from Patrcaitz Engri,eecing addressed the Board on the esfiltration system :%nich is Lecnq proposed for the property. Mr . Patr;,witz stated cnst this rvpe cf system allows for water to run-off the property .end SLa y in ehe gc3und by way of this system. Mr . Patrowitz stated cnac mere are several catch basin type structures with dry wells and sumps ana with regular clean-out and maintenance that this system iii ! cn:rr: fine. Mr . Patrowitz stated c.nar the cac::rr basins go to an 18 ' pipe that • leaches through perforated pipes dna that stones placed around the pipes will take up the water . Walte: P. wer questioned Mr . Patr:;a;;.cz regarding when he came to this type cf system what contributijn does the above area do to this site . Mr . Patr:.witz explained the graces cr; Highland Avenue. He also stated that the groundwater is hecaeen 3-5 feet lower than the system aesigned. Walter Power asked what the potenci_zl Eor reverse flow and whether there is any history of water puddling in this area. Mr . FatCciwitz stated chat historically the area was substantially lower than it is now due co filling chat occurred previously. Debbie Huriburt read the draft dacision to the Board. Walte_ . :jower stated coat Pe r,as concerns still with the drainage system due to the issue ct maintenance and said that there must be an awareness to have this maintenance done regularly . Chuck Puleo asked whether the dumpster area is large enough to accommodate all tenants . • 1 • options ;,ere discussed Z-:,c tnr, Attorney -:silty sent 4 t �rter r.:; uic t .rsnning Board requesting an extension Lo the Publi: !'icaring to u..vember 3 , 1994 . A moti.or .,as made by C�rr.ci Vi.cscn i`.... 1_X:rend the Public Hearing for Calumet _treet , seconded r,; Chuck P.ILau and approved 7-0 . Debbia t: :riourt requestsd ch-ti. al . !Hard members be in attendance at the ria::r. regularly held meeting e:ua ro two Specific and Material Change_ r.sfore the Board . Carte. : , nson stated uhat: I,E t.., clarify to the Board that he rejeccco the Specific and Material ,.nange for 296 Highland Avenue due t , the use variance denial by t.ne board of Appeal . Mr . Vinson stated tnat he did not feel con't:::rrable accepting a Specific and Mater : ::] Change to a plan when the use had not changed and that ' s what ,a_ 6enied by the Board of ApE;eai . DeDbil eturiburt stated L:nal. sl,c .SEEP: a legal opinion from the Assistcit,r City Solicit-:r t.; ur,�L t t e Planning Boards purview is on a specific and material Chang, Them :,ging no further rui,iness t.:; ms :;efore the Board at this meeting a motion was made by Gene Cuti.ins to adjourn the meeting, seconded oy Chuck Puleo and approved 7-0 . • The meett.ng was adjourned at 10 : 05 RESPECTFULLY SUBMITTED BY : DEBRA A . L . HURLBURT STAFF ADVISOR ER\PB-,,PBMNTS10 . 694 • WJ SALEM PLANNING BOARD • MINUTES OF MEETING THURSDAY, SEPTEMBER 15, 1994 wv1 A regular meeting of the Salem Planning Board was held on Thursday, September 15, 1994 at 7 : 30 p.m. at the Salem Police Station, 95 Margin Street, Salem, Mass . Those presennt were: Chairman Walter Power, Kosta Prentakis , Chuck Puleo, Carter Vinson, Lee Harrington, David Hart, and Bill Cullen . Also present were City Planner Bill Luster, Staff Advisor Debbie Hulburt and Eileen Sacco, Clerk. PUBLIC HEARING - PLANNED UNIT DEVELOPMENT - STOP 7 SHOP CORP. Carter Vinson recused himself from discussion of this matter. Chairman Walter Power read a letter from Atty. John Serafini Sr. requesting that the Planning Board postpone the Public Hearing scheduled for this evening to a later date when all nine (9) Planning Board members can be present. He noted that the process would be a lengthy one and that it would be • ' best to have all members present. (Planning Board member John Moustakis is out of town and Carter Vinson has recused himself from this matter ) . Councillor At Large Bill Burns addressed the Board and noted that the Board would be setting a precedent with this motion. He stated that he understood this action to mean that all members must be present whenever this matter is discussed . Lee Harrington suggested that the Board set a date in October when all members will be available to meet. There being no further comment or discussion on the matter, a motion was made by Lee Harrington to 'postpone the Public Hearing to a date to be determined , seconded by Bill Cullen and approved unanimously. SPECIFIC AND MATERIAL CHANGE - 296 HIGHLAND AVENUE -MR. GARY NADEAU Mr. Gary Nadeau addressed the Board and presented plans for a used car lot to be located at 296 Highland Avenue . He • • that made reference to several complaints that Mrs . Civiello has made regarding the incineration of dead animals . Ward Four Councillor Leonard O 'Leary addressed the Board and reported that he has received several complaints regarding the burning of the animals, which is only supposed to take place at night between the hours of 11 p.m and 7 a .m. He noted that the Board of Health has been notified that they are in violation, and that they are considering shutting them down. Carter Vinson noted that 30 feet is a substantial variance from what the Board normally approves . Chuck Puleo addressed the Board as an abutter and noted that he owns two residential lots at the top of the hill and he wnats to make sure that he is not giving up options, if he chooses to develop lot 58 , which he would need access to. He noted that he is not opposed to the proposal , but he wants to be sure he will have access to his property. Lucille Civiello addressed the Board and criticized Chuck Puleo for speaking on the matter since he is a member of the Planning Board . Walter Power explained that traditions if v they are afffcted by them. �ay[iyxe�. e o-.eaw' A • Bill Luster noted that there is some ben fit to the density of the neighborhood by combining these lots. He also noted that he does not believe that they would be landlocking any lots by not paving the additional 70 feet . Mr. Letarte of Hillside Avenue addressed the Board and stated that he has known the Civello family for a long time and noted that his own daughter was in a similar situation in another area . He also noted that the Animal Rescue League is the only abutter and they have not expressed opposition to the project . He urged the Board to approve the request . Lenny O 'Leary addressed the Board again and stated that the Civiello ' s are Salemites and that he realized that this is a difficult decision for the Board to make , but he felt thathere is a hardship here and this is a family not a developer. He urged the Board to approve the request . Gene Collins stated that he felt that it is unfair to make someone build 70 additional feet on a road that leads to nowhere. He suggeseted that if someone wants to develop that area at a later date then the Board should address the road at that time. • Bill Cullen stated that he has difficulty worrying about what the Animal Rescue League might do in ten years. He agreed with Mr LeTarte that this potential road would only r i • Walter Power read comments from other city boards and commissions. He noted that the Fire Department is concerned about house numbers . Bill Luster noted that it is addressed in condition # 7 . Walter Power noted that the Board of Health approved the plan for rodent control during construction. Bill Luster noted that they are requesting two waivers . They are requesting a waiver from the planting strip and five foot sidewalks . Bill Luster noted that they will plant trees along the road on the lots . The other waiver requested is for the posting of the sign. Walter Power asked what lighting would be in place on the street . Bill Luster stated that it would be as required by Massachusetts Electric. There being no further questions or comments regarding the proposal , a motion was made by Lee Harrington to approve the Conditions, seconded by Gene Collins and approved unanimously . {)� J ORDER OF CONDITIONS -- 400 HIGHLAND AVENUE Bill Luster reviewed the draft conditions for the project . 9 Walter Power read a letter from City Engineer Charles Quigley regarding the project. Carter Vinson asked if a traffic study has been done indicating the impact that the project would have on the traffic numbers on Highland Avenue. Atty. Correnti noted that the plans had been prepared using the national standards for traffic regarding retail space , and they did not do an independent traffic study. There being no further questions or comments regarding this matter, a motion was made by Bill Cullen to approve the 096104- - Order of Conditions for 40©Highland Avenue, seconded by Chuck Puleo and approved unanimously. EXTENSION OF CONTINUED PUBLIC HEARING - CALUMET STREET Debbie Hurlburt explained that the engineer was not available for the last Conservation Commission meeting , and that the Commission extended the Public Hearing to October 13 , 1994 . She noted that she expected them to be at the next meeting with the information and suggested that the Board Continue the Public Hearing to October 22, 1994 . Motion made by Carter Vinson to Continue the Public Hearing • to October 22, 1994 , seconded by David Hart and approved unanimously. There being no further business to come before the Planning Board at this meeting, a motion was made by Chuck Puleo to ad �040t4tVda@q�iinouss conded by Kosta Prentakis and 1 SALEM PLANNING BOARD • MINUTES OF MEETING THURSDAY, JULY 21 , 1994 A regular meeting of the Salem Planning Board was held on Thursday, July 21 , 1994 at 7 : 30 P.M. in the second floor conference room at One Salem Green. Those present were: Chairman Walter Power, David Hart, John Moustakis , Bill Cullen, Kosta Prentakis, Chuck Puleo, and Lee Harrington. Also present were Assistant City Planner Beth Debski , and Eileen Sacco, Clerk. Walter Power welcomed Bill Cullen to the Planning Board. CONTINUATION OF A PUBLIC HEARING - CALUMET STREET - ATTORNEY JACK KEILTY Beth Debski reported that she received a request for an extension from Atty. Jack Keilty for the continuation of the Public Hearing on Calumet Street until September 15 , 1994 . She noted that they are waiting for some information that was requested by the Conservation Commission and they have extended their hearing until September 8, 1994 . Motion made by John Moustakis to continue the Public Hearing to September 15 , 1994 , seconded by Kosta Prentakis , and approved unanimously. Ward Four Councillor Leonard O'Leary addressed the Board and asked that the neighbors be notified that the hearing has been extended to September 15th. Walter Power stated that the Board would notify the neighbors . PRELIMINARY SUBDIVISION PLAN- HILTON STREET - ATTORNEY JACK KEILTY Atty. Jack Keilty addressed the Board regarding a Preliminary Subdivision Plan for a three lot subdivision located on Hilton Street. He noted that the property is located at the end of Frederick Street and Hilton Street . He also noted that the plan is a revision of a plan previously reviewed by the Board. Atty . Keilty noted that they now plan to bring the cul-de-sac off Hilton Street, instead of Frederick Street, noting that theynfelt that the cul-de-sac would be better than a longer extension of Frederick Street. Jim McDowell of Eastern Land Survey addressed the Board and explained the project. He noted that an 8 inch water main from Bellview Terrace would be investigated and checked and if necessary would be replaced. He also stated that a fire hydrant 1 t Board at the next meeting to propose combining two lots to build one house and extend the road twenty feet with a hammerhead turnaround. He noted that in order to do that she will need a waiver from frontage because they will not have 100 feet of frontage. Walter Power stated that he would need to see the plan and suggested that a site visit would be in order. David Hart agreed. Bill Luster stated that they would prepare a map for the site visit. MASTER PLAN COMMITTEE Beth Debski reported that the Master Planning Committee in conjunction with the Planning Department has prepared a survey that will be sent to selected homes at random, for input into the master plan. John Moustakis suggested that an article in the Salem Evening News would alert the public as to the importance of the input that this survey would have. There being not further business to come before the Planning Board at this meeting, a motion was made by Chuck Puleo to adjourn the meeting, seconded by John Moustakis , and approved unanimously. The meeting was adjourned at 9 :00 p.m. RESPECTFULLY SUBMITTED BY : i EI EN M. SACCO,CLERK PB072194 3 i RECEIVED � JULA� 41994 Salem Planning Board Minutes of :alem Planning Dept. July 7, 1994 Meeting A meeting of the Salem Planning Board was held on Thursday, July 7, 1994 at 7: 30 P.M. in the second floor conference room at One Salem Green, Salem, MA. The meeting was called to order by Chairman Walter Power, and those members present were: Carter Vinson, David Hart, John Moustakis, Lee Harrington, Gene Collins. Beth Debski of the Planning Department was also present. STOP & SHOP PUBLIC HEARING Attorney Serafini requested an extension of the Public Hearing for the Stop & Shop application for a planned unit development until July 21, 1994. David Hart moved to extend the public hearing for the Stop & Shop application for a planned unit development. John Moustakis seconded the motion. Carter Vinson recused himself from the • matter, and the vote was as follows: Ayes Nayes Recused Gene Collins Carter Vinson Lee Harrington David Hart John Moustakis Walter Power The motion carried. FORM A: GREENLAWN AVE. Attorney Fleming appeared on behalf of Laurie Panneton. The matter has been remanded le back to the Planning Board by the Superior Court judge. The applicant proposed to extend the roadway to provide 100 feet of frontage. A bituminous berm will prohibit any cut-through traffic. Attorney Fleming indicated that the construction would all be to City of Salem specifications. John Moustakis moved to approve the Form A application by Laurie Panneton of Greenlawn Ave. with the extension of the roadway by twenty feet to meet City specifications and standards and pending approval by the City of Salem Engineer and Clerk of the Works. Lee Harrington seconded the motion, and it was approved unanimously. Page 2 of 6: 7-07-94 Planning Board Meeting PUBLIC HEARING: FORM A FOR CALUMET ST. SUBDIVISION (CONTINUED) • James McDowell of Eastern Land Survey Associates appeared before the board concerning the continuation of the Public Hearing for the proposed Calumet St. subdivision. He presented a proposal for a storm water retention facility to capture the bulk of runoff for up to 24 hours. The post runoff rate will be the same or slightly less after development. The plan and a Notice of Intent have been filed with the Conservation Commission. Carter Vinson asked whether there would be a sewer line tie in on Dundee St. Mr. McDowell responded that there will be one catch basin tied into the sanitary line. Mr. Vinson asked if all the possible area catch basins had been considered. Mr. McDowell stated that the pattern of runoff would remain the same and would not increase. William Howard of Sutton Terrace asked about the retention facility, its 25 foot drop, and the fact that it would be an open pit of water. Mr. McDowell responded that the area would be open with an earthen berm around it. The detention area is intended to store runoff for only 12-24 hours maximum after a storm based on the 100 year flood plan. John Moustakis asked who would maintain the concrete piping. Mr. McDowell responded that the City of Salem would maintain • it once the street was accepted, and that generally the City is granted an easement for maintenance. Mr. McDowell responded to Carl Melin of Dundee Street that the retention area would be adequate. The ledge cut is 6 '-7 ' in depth with the low edge on existing grade. The storage area is 2.7 feet based on a 100 year storm plan. Mr. McDowell replied to Councillor O'Leary that the addition of a water storage facility does not fall under the Wetland Protection Act. Councillor O'Leary responded that this would create another wetland area. He indicated that the water currently reaches as far beyond as properties on Rockdale and not necessarily to the area designated for detention. Pictures of 6 Dundee St. were submitted to the Conservation Commission. Mr. O'Leary stated that the same developer caused these existing water problems. Mr. McDowell agreed that the water already flows in that direction. He maintained that with this plan some of that water will be caught in the roadway and diverted to catch basins and the rest will be diverted to the storage area. The storage area will be designed to drain completely within 24 hours. Mr. O'Leary stated that there were too many lots planned for the Calumet subdivision. Page 3 of 6: 7-07-94 Planning Board Meeting David Winter said that when it rains there is a river on his • property and that the water already runs in different directions. Mr. McDowell again said that the runoff in the area will remain the same or even decrease after the subdivision is completed. Mr. Power stated that the water will be diverted and will run at a slower rate. Mr. McDowell responded to Mr. Vinson and Mr. Harrington that although the house location depicted on Lot C was only a suggestion, it was the only feasible spot based upon the grade of the land. He added that although Lot D and Lot E would require some regrading and filling, there would be no change to the area slope. Henry Bedard of 194 Marlborough Rd. and 2 Sutton Terrace asked who would be responsible for the maintenance of the drains and whether the City agrees to maintain them. Beth Debski replied that she would check into the matter. Mr. Bedard also questioned the amount of notice given to abutters and complained that his mail was received late in comparison with the date stamp. Walter Power stated that if the water flow over the hill area was to be changed and added to that below, then the destination of this water must be determined. Mr. McDowell said that if the existing pipes and drains are not open, clean, and operating there could be problems. • Marty Burke said that at the last Conservation Commission meeting it was stated that a swale would be created. Mr. Power said that it was just a suggestion at this point. Mr. McDowell said that a swale would not be a problem, but that a catch basin would have to be installed and the water piped to catch basins and the detention area. Mr. Burke said that the water runoff would be too fast and would overshoot the catch basins. Mr. Mc- Dowell replied that the swale or depressed ditch would be a 20'-30 ' area 1 1/2 '-2 ' deep. There are design features which would solve the problem and tie in underground to new catch basins. He felt that less water would be allowed to drain towards the Burke property once the area was developed. Mr. Power suggested that a swale on Lot A would improve the situation. Paul Auderio said that he has a problem with bugs. Mr. Power replied that the detention area would not be standing water. Mr. McDowell added that the detention site is not a pond and will drain within 12-24 hours. Mr. Howard stated that unless the area was capped over it would be a dangerous area especially to children. Ron Savageau of 38 Calumet St. said that he was never notified of the meeting. He also reported that when the rain stops, water continues to flow for days. Mr. Savageau guessed that the peat-like material over ledge allows this to happen. He said that area residents cannot use their yards until late May Page 4 of 6: 7-07-94 Planning Board Meeting due to all the water. There is little drainage due to ledge. • He added that the weight of the water will exceed the retainage. The same size area of 95 ' x 128' nearby is a constant pond. Mr. McDowell responded that there may have been excavation below the water table. Mr. Melin asked about blasting just 10 feet behind the back line of other properties. Councillor O'Leary added that this will increase water runoff to sanitary sewer lines. Ray Gallagher of 42 Belleview Avenue said that there is a high water table. He stated that his property abuts Lot A and that even if there is no rain for 2-3 weeks, one could dig down and hit water. He also referred to a nearby pond. Initially he said he had no water problems, but after nearby blasting, he now receives water. Councillor O'Leary reported that a parcel behind 42 Belleview Avenue was filled illegally with 6 ' of earth. He said that this should have been removed since there was never permission granted. He added that there is supposed to be another catch basin on Rockdale. The land in that area was built up and the water is now diverted to Sable Rd. He said that he does not want the same problems. Mr. McDowell said that adequate piping is needed if he is to • construct a swale. Carter Vinson said that the impact of only the proposed subdivision has been taken into consideration. Mr. McDowell answered that he is remediating only the change. Mr. Moustakis said that he did not like the idea of a retention area since the neighborhood already has water problems. Mr. Power added that the construction of a swale would remove the need for that retention area: Mr. McDowell responded that the retention area would alleviate the sheeting effect. David Hart asked about the barriers proposed. Mr. McDowell replied that they are temporary until loaming and seeding is completed. He also said that the basin retention area would be 119 feet. Roberta Hung of 8 Dundee Street asked about the crushed stone lining of the retention area. She asked why the water would not seep out in all directions. Mr. McDowell said that a liner could be put underneath to divert the water. He added that the area is for short term only so that seepage would not be a problem. Lee Harrington asked about the retention area capacity. Mr. Mc- Dowell stated that the planned area would be 14, 000 cubic feet. Mr. McDowell responded to Mr. Winter that a party would have to be designated to be responsible for the condition of the area. Page 5 of 6: 7-07-94 Planning Board Meeting Mr. Melin said that the driest spot had been chosen for retention. • He added that no water naturally runs to that area. Mr. Power indicated that if a swale is constructed it will be directed there underground. He added that it may take water away from other higher areas faster, but that the property below and the best method to divert the water must be then be addressed. Mr. McDowell said that the State had granted a sewer extension permit for five more homes and that the City of Peabody had signed off on the sewer extensions. Walter Power indicated that the Public Hearing will be continued and that the Planning Board will work with the Conservation Commission which is meeting July 14, 1994 at 7:00 p.m. Mr. McDowell responded to Carter Vinson that filling will occur on Lot A with reclaiming on Lots C & D and the road area. Lot B will be cut. He added that a cluster type of development was not being considered by the developer. Mr. McDowell agreed to the construction of a swale and will amend the plans. Mr. Power instructed Mr. McDowell to obtain more detailed information on drains and locations and the ability to handle the runoff. He added that there may not be a need for a detention area. Mr. Hart recommended that Mr. McDowell explore the overall maintenance and responsiblity issues concerning • drains as well. Lee Harrington moved to approve the request for an extension of the Public Hearing for the proposed subdivision on Calumet St. until July 26, 1994 David Hart seconded the motion, and it was approved unanimously. David Hart requested that the members be provided with the most current blasting regulations from the Fire Department. GROSVENOR HOUSE NURSING HOME Project Manager Eric Greene and Grosvenor House owner Richard Bane appeared before the Planning Board concerning outstanding construction matters. Eric Greene reported that the granite curbing will be delivered Friday or Monday and installed at the back of the islands. He also said that the paving was complete at Loring Hills Ave. Mr. Greene requested that a required walkway plan be changed to extend from Carol Way to the front of the building as opposed to the planned back entrance. Mr. Greene said that this change would be more feasible, safer, and used more by residents and visitors. The back of the property is steep ledge, and the back entrance is locked. Page 6 of 6: 7-07-94 Planning Board Meeting Walter Power stated that this should have been discovered before • the plan was presented and approved. There was concern expressed by members that the back parking lot would now not be used. Mr. Greene responded that the lot is for overflow purposes and probably will be used very little. After review of the plans Chairman Power required that a crosswalk area be delineated and marked to bring pedestrians safely across the lot from the sidewalk to the building. Gene Collins moved that the relocation of the walkway be approved as presented with the condition that a crosswalk area be delineated and marked from the sidewalk to the front building entrance. Lee Harrington seconded the motion, and it was approved unanimously. OLD BUSINESS Walter Power noted that Gauthier Subaru has not installed the granite curbing required. Beth Debski indicated that she would call the owner. David Hart reported that the next Master Plan Committee meeting will be held Tuesday, July 19, 1994 at 7: 00 p.m. at Middle School West. David Hart asked about the status of lowering the threshhold for site plan review. Beth Debski replied that the matter was in City Council committee. NEXT MEETING The next Planning Board meeting was scheduled for 7:30 p.m. on Thursday, July 21, 1994 at the police station in order to discuss the proposed Stop & Shop Superstore. Since many of the members plan to attend the July 14, 1994 Conser- vation Commission meeting concerning the proposed Calumet St. subdivision, Beth Debski indicated that she would post a meeting for the Planning Board for July 14, 1994. ADJOURNMENT There being no further business before the Planning Board, Lee Harrington moved to adjourn the meeting of July 7, 1994 at 9:38 p.m. John Moustakis seconded the motion, and it was approved unanimously. Respectfully Submitted By: Debra A. Tucker Acting Secretary SALEM PLANNING BOARD • MINUTES OF MEETING THURSDAY, JUNE 16, 1994 A regular meeting of the Salem Planning Board was held on Thursday, June 16, 1994 at 7 : 30 p.m. in the second floor conference room at One Salem Green. Those present were: Chuck Puleo, David Hart, John Moustakis, Kosta Prentakis, Lee Harrington, Gene Collins, and Carter Vinson. Also present were Assistant City Planner Beth Debski, Staff Advisor Debbie Hurlburt and Eileen Sacco, Clerk. In the absence of Chairman Walter Power, Chuck Puleo chaired the meeting. PROPOSED BRANCH FOR EASTERN BANK - TRADERS WAY Atty. Marcia Cini was present at the meeting to address the questions that the Board had the last time they met on this matter. She presented a letter from Rizzo Associates that stated that they felt that the plan as presented is adequate . She also noted that they made some suggestions which Eastern Bank has agreed to. • Kosta Prentakis asked if the drive through windows would have one or two tellers working at a time. Marcia Cini stated that�, � it would depend on the numbers of cars in line ,*- Ctc:ttu..t(< - � David Hart asked how much granite curbing they would be installing. Atty. Cini stated that they have agreed to install granite curbing all the way around the curb and the island with the bushes . She also noted that they are replacing the bituminous concrete with concrete. David Hart requested that it be noted on the plan to clarify where it says new concrete that it would be pre-cast concrete. There being no further questions or comments on the plan, a motion was made by Gene Collins to approve plan, seconded by Lee Harrington, and approved unanimously. STOP & SHOP UPDATE Beth Debski reported that the Planning Department requested that the time for which to hold the Public Hearing for the Stop & Shop application for a PUD to July 14 , 1994 . She also suggested that they could have a special meeting on July 7, 1994 , and continue the hearing for two meetings . Motion made by Kosta Prentakis to extend the time for which to hold the Public Hearing for the Stop & Shop Application for • a PUD seconded by Lee Harrington, and approved with Carter Vinson 1 Jp. Carter Vinson also suggested that a joint meeting of the Planning • Board and the Board of Appeal should be held to discuss the processes of each Board. David Hart agreed noting that it would be an opportunity to see what each Board does , and to voice concerns that they may have. Master Plan Committee Beth Debski reported that the next meeting of the Master Plan Committee will be held on June 28, 1994 at 7 :00 p.m. at the Collins Middle School . There being no further business to come before the Planning Board at this meeting, a motion was made by John Moustakis to adjourn the meeting, seconded by David Hart and approved unanimously. The meeting was adjourned at 9 : 30 P.M. RESPECTFULLY SUBMITTED BY: EILEEN M. SACCO, CLERK PB061694 • • 3 SALEM PLANNING BOARD MINUTES OF MEETING THURSDAY, JUNE -9, 1994 A regular meeting of the Salem PLanning Board was held on Thursday, June 2 , 1994 at 7 : 30 p.m. in the second floor conference room at One Salem Green. Those present were : Chuck Puleo,, Carter Vinson, Lee Harrington, Kosta Prentakis and David Hart . Also present were Assistant City Planner Beth Debski , Staff Advisor Debbie Hurlburt , and Eileen Sacco, Clerk. In the absence of Chairman Walter Power, Chuck Puleo chaired the meeting. FORM B - PRELIMINARY PLAN - COLBY STREET - ATTORNEY JOHN SERAFINI SR. Atty . John Serafini Sr . addressed the Board and presented a Form B, Preliminary Plan for the site of the proposed Day Care Center for North Shore Medical Center . He noted that they were submitting the Form B to freeze the zoning in the event that the proposed zoning amendment for Section 7-18 • Site . Plan Review is voted on and endorsed prior to the commencement of construction for the facility. He further noted . that the project has already had extensive review by the Planning Board under section 7-16 Wetlands and Flood Hazard Special Permit District . Atty. Serafini also noted that the plan, as it exists now has frontage on two lots and meets the definition of a Preliminary Plan. Beth Debski noted that approval of a Form B by the Planning Board means that the Board approves of what is intended . Ward Four Councillor Leonard O 'Leary addressed the Board and stated that he wants to make sure that the pond gets turned over to the city as agreed in the discussions for the Wetlands Flood Hazard District Special Permit . Atty . Serafini noted that the intent of this process is to freeze the zoning , so that they may have the benefit of the zoning that exists presently, and they won ' t have to go dough another lengthy process. There being no further discussion on the matter , a motion was made by Lee Harrington to approve the Form B for North Shore Medical Center, seconded by Kosta Prentakis and approved unanimously. EASTERN BANK - PROPOSED BRANCH ON TRADERS WAY Debbie Hurlburt recalled that at the last meeting the Board had several questions regarding the plan. She noted that 1" Debski noted that he has been to the Board of Appeal on April 27 and was granted a variance from density. She noted that the new plan calls for 8 spaces for 75 Boston Street, and none of the spaces are located on the easement. Carter Vinson expressed concern about the emergency access for the property. Beth Debski noted that the emergency access would be on Boston Street. There being no further discussion on the matter at this meeting, a motion was made by Lee Harrington to approve the Form A for 75 Boston Street , seconded by David Hart and approved unanimously. CALUMET STREET Debbie Hurlburt noted that she received a request from Atty. Kielty to continue the public hearing to June 16 , 1994 . She also noted that there were a couple of issues that were of concern to the Board , one being that Carter had requested that the Conservation Commission review the matter and that the decision be made available to the Board . She stated that they have not filed with the Commission as of now, but that she expects them to do so for the June 23 , 1994 meeting . • Motion made by David Hart to continue the Public Hearing to July 14 , 1994 , seconded by Lee Harrington and approved unanimously. OLD / NEW BUSINESS David Hart reported that he attended the first meeting of the Master Planning Committee. Carter Vinson asked that the Planning Board be sent the information of the Committee as it is received . Beth Debski stated that she would send the members the information. Chuck Puleo asked about the progress of McDonald ' s, noting that he freezer was installed and he was concerned about the appearance of it facing Highland Avenue . Beth Debski noted that they are meeting with Bill Luster about the cover for the dumpster , noting that the proposal for the brickmaster material was unacceptable . APPROVAL OF MINUTES The minutes of the following meetings were presented for approval : March 17 , 1994 March 31 , 1994 April 7 , 1994 April 13 , 1994 April 21 , 1994 SALEM PLANNING BOARD MINUTES OF MEETING THURSDAY, MAY 19 , 1994 A regular meeting of the Salem Planning Board was held on Thursday, May 19 , 1994 at 7 : 30 p.m. in the second floor conference room at One Salem Green. Those present were : Chiarman Walter Power , Carter Vinson, David Hart , John Moustakis , Kosta Prentakis , Lee Harrington, Chuck Puleo, and Gene Collins . Also present were City Planner Bill Luster , Staff Advisor Debbie Hurlburt and Eileen Sacco , Clerk. DISCUSSION WITH ATTY. JOHN SERAFINI SR . REGARDING A FORM B FOR COLBY STREET Atty . John Serafini Sr . addressed the Board and stated that he plans to file an application for a Form B, Preliminary Plan for the Colby Street Day Care Center site . He stated that he would be doing this to freeze the zoning in the event that the proposed zoning amendment for Section 7-18 Site Plan Review is voted on and endorsed prior to the commencement of construction for the facility . He stated • that he was informing the Board at this time , and would be filing the application for the next meeting. DISCUSSION REGARDING GROSVENOR PARK NURSING HOME Bill Luster reported that Grosvenor Park Nursing Home is substantially complete , and noted that they have started the 25 additional parking spaces that were requested by the Board . He proposed that the Planning Board sign off on the Certificate of Occupancy to allow patients to start occupying the facility . He also noted that they would keep the five million dollar bond in place, which is more than enough to insure the completion of the parking spaces . He also stated that the developer has agreed to pave Loring ills Ave. , all the way to Loring Avenue , and the tree pit suggested by the Planning Board will be granite on both sides of the road . Waiter Power stated that he felt comfortable with the proposal since the five million dollar bond would be in place . Motion made by John Moustakis to authorize the Planning Department to sign off on the Certificate of Occupancy for the Grosvenor Park Nursing Home, with a five million dollar bond in place to insure the completion of the parking areas , • the paving of Loring Hills Ave , out to Loring Avenue and the installation of granite curbing on both sides of the tree pit, seconded by Kosta Prentakis and approved unanimously . • DISCUSSION OF SITE PLAN REVIEW ZONING ORDINANCE AMENDMENT REPORT Bill Luster addressed the Board and stated that the Board should submit a blanket endorsement of the proposed amendment . Carter Vinson asked where the environmental impact statement would be addressed in the revision, noting that the Council had requested a reduction in the submittal requirements . Walter Power stated that the Board should add language stating that the Environmental Impact Statement could be waived with the approval of the Planning Board . Carter Vinson added that the language for #6 could be changed to read that in its discretion the Planning Board may require 5 copies of an Environmental Impact Report . Walter Power asked about the status of the fee schedule, noting that it was also of concern to the Council . Bill Luster stated that his suggestion would be to suggest to the Council that the Board would like to keep the discussion open and submit a recommendation at a later date . Motion made by Carter Vinson to adopt the recommendation to the Council on the Site Plan Review Zoning Amendment Report , • seconded by Kosta Prenta kis and approved unanimously . DISCUSSION OF VARIANCE ZONING ORDINANCE AMENDMENT REPORT Bill Luster addressed the Board and stated that the present use chart is inadequate for use, noting that in 1986 the Planning Department and the Planning Board decided to use a chart , but without a working Master Plan it is impossible to use . He stated that if there is concern about the use variance , the Board should submit a use chart in conjunction with a Master Plan. Carter Vinson stated that he feels very strongly that there is a need for re-zoning in Salem. He further stated that he is opposed to use variances , noting that it is the worst form of zoning policy. He stated that he would rather that the Board respond to the Council that the Board rejects the proposed language to include use variances . He also stated that he would like to see the Council delete use variances from the Zoning Ordinance . David Hart stated that there is no such thing as a perfect Zoning Ordinance and referred to the zoning map and pointed out areas that have consistent zoning . Bill Luster stated that the Board has two options , one being • to make no recommendation and be silent, or the Board could appose the change . • Carter Vinson stated that he would like to see the Board oppose the clarification . Bill Luster noted that the City has been hearing and granting use variances for years . He suggested that the Board should relay to the Council that the Board had concerns as to where Salem should provide this relief . Walter Power noted that the Board wishes to retain the PUD process, and stated that he felt that if the Boards decision on this matter may be considered hypocritical , and suggested that the Board should decide the matter upon completion of a Master Plan . Carter Vinson noted that the PUD process is a more complicated matter than a use variance. Bill Luster stated that the Council is aware of the fact that $30 ,000. 00 has been spent on a consultant for a Master Plan and he would like to see what the results of that are . Carter Vinson stated that he has grave reservations that the existing statute allows the Board of Appeal to grant use variances . Gene Collins asked who the Board would be addressing in their' response. Carter Vinson stated that the City Council • relies on the Planning Board to review Zoning Changes , so the Board would be responding to the Council . Gene Collins expressed his concern that the verbiage used to express the Boards position could have the opposite effect . Bill Luster stated that the Board could say as little as possible without rendering an opinion. Walter Power asked for a consensus of the Board members regarding the recommendation. John Moustakis stated that he felt that the Board should take the position that the issue should be looked at again when we have a Master Plan. Lee Harrington stated that he agreed that the Master Plan is a major factor and the Board should see what comes of that . Carter Vinson stated that he feels that the Board should reject_ the clarification, noting that it is dangerous . David Hart stated that he had reservations about the Planning Board suggesting that the granting of use variances should be taken away from the Zoning Board of Appeal . Gene Collins stated that he does not like the word oppose being used in the decision. • Bill Luster suggested that the Planning Department could draft a recommendation supporting the Master • Planning process, and seeing how use variances would fit with that, and get copies to the members on Monday. OLD/NEW BUSINESS Chuck Puleo inquired about the use of clapboard on the new McDonalds on Highland Avenue . Bill Luster stated that he would check into the matter and noted that he has had a sample of the material that they wish to use for the enclosure for the dumpster which he intends to discuss with them. There being no further matters to come before the Board at this meeting a motion was made by Chuck Puleo to adjourn the meeting , seconded by John Moustakis and approved unanimously . The meeting was adjourned at 9 : 30 p.m. RESPECTFULLY SUBMITTED BY; EILEEN M. SACCO, CLERK PB051994 • • SALEM PLANNING BOARD • MINUTES OF MEETING THURSDAY, MAY 5 , 1994 A regular meeting of the Salem Planning Board was held on Thursday , May 5, 1994 at 7 : 30 p.m. , in the second floor conference room at One Salem Green . Those present were : Chairman Walter Power, David Hart , Lee Harrington, Chuck Puleo, Kosta Prentakis , and Gene Collins . Also present were Assistant City Planner Beth Debski , Staff Advisor Debbie Hurlburt and Eileen Sacco, Clerk. FORM A - SKERRY STREET COURT Debbie Hurlburt presented a Form A, Approval Not Required , in the absence of Atty . George Vallis . She stated that the Form A was for property located at 64 Bridge Street , and noted that the Board approved a waiver from frontage for this parcel at the April 7 , 1994 meeting and the 21 day appeal period for that is now over . Debbie Hurlburt stated that the Form A application is warranted because the lot is located on an approved public way, and the frontage requirements for Skerry Street Court have been waived . There being no further comments or questions on the matter, a motion was made by Kosta Prentakis to approve the Form A, seconded by Chuck Puleo and approved unanimously . REQUEST FOR WAIVER FROM DECISION FOR BUILDING SQUARE FOOTAGE HIGHLANDER PLAZA REALTY TRUST -ATTORNEY MARCIA CINI Atty . Marcia Cini addressed the Board on behalf of her client , Highlander Plaza Realty Trust, and requested a waiver from the Special Permit granted to H. A. Fafard & Sons Construction dated March 15 , 1984 . She noted that they are requesting a waiver of the Special Permit from the 23 ,000 s . f . maximum for commercial development to allow the construction of a 3 , 125 s . f . Eastern Bank Building . She explained that the special permit issued states that the proposed drive-in bank, together with the buildings already existing or permitted between the northern boundary of the PUD and Highland Avenue would exceed the 23 ,000 s . f . limit imposed by the Special Permit . Walter Power noted that the limit was placed by the Board when the Special Permit was granted the Board was concerned that the area would end up with 2 , 000 s . f . fast food • restaurants which has since happened anyway . He also stated that he felt that this would be a quality addition to the area and that the original intent of the decision could be • abridged in this case . Atty . Cini also noted that the Ground Round officials have seen the plan and they are happy with it . She reviewed the plans for the proposed bank with the Board and noted that the plans include recommendations of the Planning Department . David Hart asked how many employees would be at the branch. Atty . Cini stated that she thought that there would 4 or 5 employees . Barnett Berliner , the Architect for the project stated that he felt that the use is compatible to the uses that already exist . He noted that the Ground Round is busy on Friday , Saturday , and Sunday, and the bank is busiest in the mornings . The Board discussed the parking for the project . Chuck Puleo questioned whether 22 feet would be wide enough traffic entering and exiting . Mr . Berliner stated that the fire department has reviewed the plan and the only concern they had was regarding a dumpster , but there is no dumpster for this facility . He also noted that they are providing 47 spaces over the requirement . • Walter Power stated that he felt that as the business grows it would add to the congestion that is already there and feels that the width of the driveway into this property should be wider . He suggested that they could eliminate 5 paces in front of the bank to make it wider . Atty . Cini noted that she had expected a representative of the bank to attend the meeting , and she would review the request with them. Bill Luster addressed the Board and stated that Eastern Bank is in the process of consolidating some of its branches and the this request is an opportunity for the city to send a message to the development community . He noted that he hears all too often that it is tough to do business in Salem, and the city would like to change that image. He also stated that he did not feel that the project would have a major impact on the area . He noted that it is unusual to request approval at a Public Hearing , but requested that the Board approve this tonight so that the city can send the right message . David Hart stated that he is not convinced that the turning radius is adequate around the building, from the parking spaces , noting that if the site is too tight , it will slow things down. He also noted that he is not opposed to the • waiver as long as the concerns of the Board are addressed . Walter Power stated that he is concerned that the Board does • not have SPR on this parcel and this would be the only opportunity for the Board to address their concerns . He suggested that the bank wait two weeks for approval and make the requested changes . Bill Luster stated that it would not be inappropriate for the Board to delay the approval , but stressed that he would like to see this approved tonight , and suggested that the Board could approve the waiver on the condition that the plan would be subject to approval at a later date on the Site Plan. Walter Power stated that he would be comfortable with that , noting that he felt that the bank is a good use for the parcel . Motion made by Chuck Puleo to approve the Waiver from the Special Permit from the 23 ,000 s . f . maximum for commercial development to allow the construction of a 3 , 125 s . f . Eastern Bank Building , seconded by Kosta Prentakis and approved unanimously . OLD / NEW BUSINESS Kosta Prentakis inquired about a missing piece of curbing at the corner of Whalers Lane and Traders Way . He noted that he is still trying to find out who is supposed to install • it . Debbie Hurlburt will check on the matter . There being no further business to come before the Planning Board at this meeting , a motion was made by Chuck Puleo to adjourn the meeting , seconded by Lee Harrington, and approved unanimously . The meeting was adjourned at 8 : 50 p.m. RESPECTFULLY SUBMITTED BY: EILEEN M. SACCO, CLERK PB050594 • SALEM PLANNING BOARD MINUTES OF MEETING THURSDAY, APRIL 21, 1994 A regular meeting of the Salem Planning Board was held on Thursday, April 21, 1994 at 7:30 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Walter Power, Carter Vinson, Lee Harrington, John Moustakis, Gene Collins, Chuck Puleo, and Debbie Hilbert. Also present were Assistant City Planner Beth Debski, and Eileen Sacco, Clerk. CONTINUATION OF A PUBLIC HEARING FOR A DEFINITIVE SUBDIVISION PLAN FOR CALUMET STREET - ATTY. JACK KEILTY Atty. Jack Keilty addressed the Board and requested that they would like to continue the Public Hearing until June 16, 1994, so that they can properly prepare hydrological information. He also noted that they would prepare a plan that would depict the wetland and they would stake the roadway. Carter Vinson stated that he would like it if they would start the process with the Conservation Commission, so that the Board could have their comments during deliberations. • Motion made by Lee Harrington to continue the Public Hearing to June 16, 1994, seconded by Chuck Puleo and approved unanimously. Beth Debski stated that another site visit needs to be scheduled because the neighbors were not notified of the last one. A site visit will be held on Saturday, May 7, 1994 at 8:30 a.m. FORM B - PRELIMINARY SUBDIVISION PLAN - BOSTON AND HOWLEY STREETS - ATTY. JOHN SERAFINI SR. Carter Vinson recused himself from discussion of this matter. Atty. Serafini noted that at the last meeting with the Board regarding this matter several questions were raised about the plan. He stated that they have revised the plan with the additions requested by the Board. He reviewed the changes with the Board. Atty. Serafini noted that sheet #1 of the plan now shows a zoning summary of both Salem and Peabody. He stated that the zoning in Salem is B2 and the zoning in Peabody is BC. Any. Serafini also noted that sheet #2 shows the lots proposed and that lots 3 & 4 are in Peabody and lots 1 & 2 are in Salem and part of Peabody. He also noted that the dashed lines on the plan indicate the various owners of the lou. Sheet N3 now shows the elevations as requested and the notations of which.buildings will be torn down and those that will be left. Sheet N4 has the additional information on the existing sanitary sewer lines on Howley Street. Carter Vinson expressed his concern about use variances noting that it is a horrible form of • economic development. Beth Debski noted that historically the Board goes to the Public Hearing and listens to the Council and then makes a recommendation on the matter within 21 days after the hearing. Gene Collins requesting information regarding the proposal before the meeting. APPROVAL OF MINUTES The minutes of the following meetings were presented and reviewed by the Board for approval: January 6, 1994 January 13, 1994 January 20, 1994 February 3, 1994 February 15, 1994 February 17, 1994 March 3, 1994 Motion made by Carter Vinson to approve the minutes of these meetings as amended, seconded by Debbie Hilbert and approved unanimously. Debbie Hilbert addressed the members of the Board and stated that she is resigning from the Board because she is going to be taking a course on Thursday nights and she would miss the meetings of the Board. She stated that she has enjoyed serving on the Board and expressed her appreciation to the Board Members. Walter Power noted that she would be missed on the Board and thanked her for her service. There being no further business to come before the Board at this meeting, a motion was made • by Chuck Puleo to adjourn the meeting, seconded by John Moustakis and approved unanimously. The meeting was adjourned at 10:00 p.m. RESPECTFULLY SUBMITTED BY: ✓�1 �`�c=�C%LJ EI EN M. SACCO, CLERK PB042194 - • MINUTES OF JOINT PUBLIC HEARING OF THE SALEM CITY COUNCIL AND THE SALEM PLANNING BOARD WEDNESDAY, APRIL 13 , 1994 A joint Public Hearing was held on Wednesday, April 13 , 1994 between the Salem City Council, and the Salem Planning Board at 6 : 30 p .m. in, the Council Chambers . ' Those present were : Councillors, Mark Blair, George Ahmed, William Burns, Jane Stirgwoit, Leonard O' Leary, Kevin Harvey, John Donahue, and President Stanley usovict- Planning Board members present were Chuck Puleo, Carter Vinson, John Moustakis , Debbie Hilbert, Lee Harrington . and Kosta Prentakis . Also present were City Clerk Deborah Burkinshaw, City Planner Bill Luster, Asst . City Planner Beth Debski, Staff Advisor Debbie Hurlburt and Eileen Sacco, Clerk. Council President Stanley. usovici called the meeting to order and • called on Councillor Leonard O' Leary to address the meeting . Councillor O` Leary gave a brief overview .of his amendment to the zoning ordinance regarding the use of PUD' s . He noted that he wrote the ordinance because of the recent proposal for a Stop shop and he feels that it is something that should be granted by the City Council . He stated that he is not anti development, and ' showed a map of the city indicating all of the possible sites that could be developed 'as a PUD. He also expressed his feeling that the Planning Board should get working on a Master Plan for the City. Councillor Burns addressed those present and referred to a proposal by the Planning Board for a pre-application conference and stated that Ire did not see any difference from the process now. He also stated that he disagreed with the City . Solicitors opinion that both the Planning Board and the City Council could not vote on the matt-er. He referred to Websters Dictionary and clarified the language in the ,Solicitors opinion . City Planner Bill Luster.. addressed the meeting and reviewed the proposal of the Planning Department for the zoning changes regarding PUD' s . He stated that their recommendation would be to hold pre-application conferences that woula allow city officicals and the city council to meet on the applications and make ' recommendations regarding them before alot of time and money is spent . He also noted that this , would open up the lines of communication, so that councillors and department heads would be included in the early stages of the plan . Bili Luster also recommended some language change's ' to the ordinance' .that pertains to the acquisition of properties ' to become part of a PUD application . Stanley Usovich opened the meeting up to Public Comment . Maureen Kiley addressed those present and stated that it was obvious that Councillor O' Leary had put alot of though into his proposal and that it is evident to those who have been attending meetings that zoning needs to be defended. Mary Casey of Grove Street addressed .those present and stated that she supports the amendment and that she feels that it is a step in the right direction, She expressed her concern at the present process which is reviewed by a Board appointed by the Administration, and she feels that : she would get a better response from. her elected legislator John Fifield addressed the Meeting and stated that he is opposed to the proposal as. it stands becuase he did not. think it went far enough . - He stated that he agrees that the Council should be involved, but stated that zoning changes should be left to the Zoning Board bf Appeal . • Councillor Usovich asked for comments from the Councillors . Councillor Jane Stirgwolt stated that she is on record regarding her concerns about the present PUD language. she noted that she is concerned about the meaning of "sufficiently advantagou.s" , and what warrants a mixture of uses.. She also stated that people hesitate to make statements such as do ' we need another supermarket, and she expressed her concern about the status of the existing supermarkets , should a new one be built . she also noted that the City does not have a . working master plan. she stated that she is opposed to this amendment, but agrees that the special permitting authority should be with the City Council . She also noted that the Planning Board amendment has some good elements and the Board spent a great deal of time on it, but realistically the process should be with another Board. Councillor sally Hayes addressed the meeting and stated that she is in favor of the amendment and she agrees that the council should have some input into the matter. she noted that the Planning Board does and excellant job and' she urged the council to approve the amendment . There being no further comment concerning -the matter, Councillor Usovich noted that the Planning Board has 21 days to make a recommendation to the Council and the Council has 90 days to act on the recommendation.. • Councillor O' Leary moved that the hearing be closed. The hearing adjourned at 7 : 10 p.m . RESPECFULLY SUBMITTED BY: EILEEN M. SACCO, CLERK PB/j PH/041394 • SALEM PLANNING BOARD MINUTES OF MEETING THURSDAY, APRIL 7, 1994 A regular meeting of the Salem Planning Board was held on Thursday, April 7, 1994 at 7:30 P.M. in the second floor conference room at One Salem Green. Those present were : Chairman Walter Power, Carter Vinson, Lee Harrington, John Moustakis, Chuck Puleo, Gene Collins, and Debbie Hilbert. Also present were City Planner Bill Luster, Assistant City Planner Beth Debski , Staff Advisor Debbie Hurlburt, and Eileen Sacco, Clerk. ANR APPLICATION - 64 BRIDGE STREET - ATTORNEY GEORGE VALLIS Atty. George Vallis addressed the Board and requested approval of an approval not required for 64 Bridge Street, Salem. He informed the Board that the property is owned by the Heritage Cooperative Bank, and explained that the lot on the plan has frontage on Bridge Street and Skerry Street Court. He also noted that they have been to the Board of Appeal for a variance to allow the lot to be subdivided. Atty. Vallis explained that the Skerry Street side of the • lot does not have enough frontage as required by the subdivision control law. He also noted that there are very few lots located in the area that are 5,000 s. f. He showed the assessors map which indicated that the lots in the area are similar to the one proposed . He also noted that this is an old neighborhood that has been built up over a period of time, and most of the homes are over a hundred years old . He stressed that this lot would be in keeping with the other lots in the neighborhood. Walter Power asked if the street was capable of handling a dwelling of this type. Atty . Vallis stated that there would be ni significant traffic as a result of this project and they would not be adding to the density. Carter Vinson referred to the Seguin case and stated that in that case the judge was not faced with a 40 or 50 percent reduction in the frontage requirement, noting that the variance request in Seguin had been for for one and a quarter feet from the applicable minimum requirement. He noted that he is concerned about setting a precedent. Atty. Vallis stated that while the zoning ordinance stated that lots should have 100 feet of frontage and 15,000 s. f . of frontage, almost every lot in Salem is nonconforming and suggested that the ordinance should be • revised to meet the needs of the neighborhoods . Bill Luster noted that if any action is taken on this matter tonight, the Board should list as a finding the reason why the approval was granted and specific reasons for doing so should be listed. He also noted that the lot size and frontage requested are very consistent with the neighborhood . Carter Vinson stated that he also has concerns about parking for the site. Atty. Vallis noted that the ordinance states that one and a half parking spaced are required and they are planning for two parking spaces . He also noted that if they should fail to provide them, the Board of Appeal could take action. Walter Power addressed Atty. Vallis and noted that historically the Planning Board has looked at parking in the neighborhoods . Carter Vinson stated that he is also concerned that there would be insufficient access for emergency vehicles . Atty. Vallis stated that there would be only one additional house there and that there is not a problem with emergency vehicles now. Walter Power opened the meeting up for comments from the • audience. Rosemary Millianowicz of 70 Bridge Street requested to come up and see the plans. She noted that she had been concerned about the use of the property and the effect it would have on the W. D. Little property. Victoria Tache of 62 Bridge Street addressed the Board and stated that she supported the plan. Ray Hodge of 6 Skerry Street addressed the Board and stated that he supports the plan. Carter Vinson suggested that the Board have a site visit to the property before making a decision on the request for an ANR. Atty. Vallis objected to waiting another two weeks for a decision, noting, that he felt that the Board should have visited the site prior to the meeting. Carter Vinson noted that the Planning Board members had only learned that the matter would only be on the agenda the night before the meeting. Motion made by Lee Harrington to approve the ANR for 64 Bridge Street, seconded by John Moustakis and approve 6-1 with Carter Vinson voting against the motion. . DECISION REGARDING COLBY STREET CHILDCARE FACILITY - SALEM HOSPITAL • Bill Luster addressed the Board and stated that since the last meeting, he has met with the hospital and that he received the revised plans from the hospital this evening. He also noted that they need to be reviewed by the City Engineer, Charlie Quigley. Bill Luster reviewed the decision with the Board . He noted that the issue of drainage that was discussed at the last meeting, has been discussed with Charlie Quigley. He read a letter from Mr. Quigley discussing the matter. Bill Luster also noted that they could request a writted approval of the drainage system, prior to the issuance of a certificate of occupancy. Carter Vinson asked if everything requested was shown on the plan. Bill Luster stated that they have put granite curbing on the street and concrete on the interior parking area . Carter Vinson noted that the granite curbing had been proposed for the interior parking area as well as the street. Bill Luster stated that concrete would do the same job and is less expensive. Atty. John Serafini Sr . addressed the Board and stated that they are concerned about the condition regarding employee parking. He proposed that they be allowed to have a sixty • (60) day trial period and the Planning Department would be able to review the situation and make a recommendation to change condition #13 if necessary. John Moustakis asked how many employees they would have. Atty. Serafini stated that they would have about 17 employees but not all at one time, since they would be working different shifts. Walter Power asked how may employees would be there at one time. Atty. Serafini estimated that there would be about 8 employees at the most at one time. Debbie Hilbert stated that she felt that it was unfair to ask the employees to park away from the site and suggested that they be allowed to park on site and see how it goes. Atty. James Flemming addressed the Board and stated that he did not feel that 60 days would be a fair test of the parking arrangement since the faciilty may not even be at full capacity at the end of that time. He said that it may be only 65% full and that would not give the Board a true picture of the situation. Atty. Flemming also addressed the Board and commented on the . decision. He noted that he received a draft decision at 8 : 30 a .m. this morning, and that he sees significant changes have been made to the decision since then. He commended the Planning Department for their attention to the details of the decision. Atty. Flemming noted in his comments that a letter dated January 13 , 1993 does not reflect a vote taken by the Salem Board of Health. He also noted that the neighbors wish to see granite curbing and sidewalks along the eastern portion of the street. Atty. Serafini noted that there are sidewalks and curbing along the street on the side of the daycare center, as well as a planting strip. Atty. Flemming also noted that there is no provision for the determination of water quality as requested by the neighbors. Bill Luster noted that the City will own the pond and that will be their responsibility. He also suggested that the neighbors have indicated that they want the city to own the pond. He further noted that legal action could always be taken against the polluter of the pond . Ward Four Councilor Leonard O 'Leary addressed the Planning Board and stated that he was concerned that snow could be dumped in the pond. Bill Luster noted that the snow removal has been addressed in the plan and it will not be dumped in the pond. • Lenny O 'Leary also noted that he was happy with the granite curbing and the sidewalks , but he has a problem with there being no sidewalks or curbing near Dr. Brennans property. Stan Porier addressed the Board and presented a letter from the Greenway Road Homeowners Association requesting that the project not be allowed to proceed until the drainage system is installed. Bill Luster stated that the city engineer is confident that they know where the water is going, until it gets to Dr. Curtins property. Walter Power noted that there has been alot of discussion about the drainage system and asked if the Board would like to discuss it with the city engineer. Atty. Serafini stated that the problem is on Colby Street and not the hospitals property, noting that what is a pre-existing condition is not the result of the hospital ' s project. He also noted that as a result of this project, Greenway Road is finally going to be repaired . Walter Power asked if there were any other discussions about this matter. Carter Vinson stated suggested changing condition # 13 regarding employee parking to read that the parking of employees could be monitored for 60 days after the center reaches 75% of its enrollment. . There being no further questions or comments from those present, a motion was made by Lee Harrington to issue a Wetlands Flood Hazard Special Permit to Salem Hospital for property located at 1-3 Colby Street, with 20 special conditions, seconded by Debbie Hilbert and approved unanimously. PUD DISCUSSION Bill Luster explained the pre-application conference conference that he wants to suggest to the City Council at the Public Hearing. He noted that it would allow City Officials to discuss a project before a lot of money is spent on the process. He also noted that he sees it as a means of improving communication. He reviewed the process by which the Board and the Council act on an Ordinance Change. Councillor At Large Jane Stirgwolt addressed the Board and stated that she is concerned about the parcels in the city that can be acquired adjacent to properties to make up a PUD. She stated that she is looking to tighten up the language regarding that. • Walter Power stated that he does not want to prevent that from occuring if the uses are compatible, noting that the benefit of a PUD is to allow a mix of uses that would not normally be allowed . OLD/NEW BUSINESS Bill Luster addressed the Board and stated that the property behind the Ground Round is being considered by Eastern Bank as a location for a new branch. He noted that they are clsing the branches on Highland Avenue at Rich ' s and Caldors and another in Peabody, and want to create a single branch to replace them. He noted that a condition of the Fafard PUD put a restriction on the size of a building for a non PUD parcel and that they will be coming in for a waiver of that condition at the next meeting. Debbie Hurlbert reminded members that they need to have a site visit to Calumet Street before the next meeting on April 21 , 1994. It was decided to have a site visit on Saturday, April 16, 1994 at 8: 30 a .m. APPROVAL OF MINUTES The minutes of the meeting of December 2, 1993 were • presented for approval . Motion made by John Moustakis to approve the minutes of the meeting of December 2, 1993, seconded by Chuck Puleo and approved unanimously. . There being no further business to come before the Board at this meeting , a motion was made by John Moustakis to adjourn the meeting, seconded by Chuck Puleo and approved unanimously. The meeting was adjourned at 10: 30 P.M. RESPECTFULLY SUBMITTED BY: EILEEN M. SACCO, CLERK PB040794 • SALEM PLANNING BOARD MINUTES OF MEETING THURSDAY, MARCH 31 , 1994 A special meeting of the Salem Planning Board was held on Thursday, March 31 , 1994 at 7: 30 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Walter Power, Carter Vinson, Lee Harrington, Gene Collins, John Moustakis, Kosta Prentakis, Chuck Puleo, Debbie Hilbert, and David Hart. Also present were City Planner Beth Debski , Assistant City Planner Beth Debski , Staff Advisor Debbie Hurlburt, and Eileen Sacco, Clerk. FORM A - VALLEY STREET - ATTORNEY PETER DOYLE Atty. Peter Doyle addressed the Board and requested approval of a Form A, for a parcel of land owned by David Doyle on Valley Street. Atty. Doyle noted that the lot has 30, 000 s . f. and has 100 feet of frontage. He also noted that they have been before the Conservation Commission, and received an Order of Conditions, which has been recorded. City Planner Bill Luster noted that this is one of the best Form A applications that he has seen and recommended that the Board approve the request. There being no further questions or comments from those present, a motion was made by John Moustakis to approve the Form A,' seconded by Debbie Hilbert, and approved unanimously. DISCUSSION ON COLBY STREET - DAY CARE CENTER - SALEM HOSPITAL City Planner Bill Luster addressed the Board and stated that they have a draft decision prepared for the proposed Day Care Center on Colby Street. He noted that they do not have a plan from the developer with the suggested changes made by the Planning Board yet. He further noted that they have not reached a resolution with the hospital on this but he hoped to have the issues dealt with within the next two weeks. Bill Luster reviewed the draft decision with the Board. With regards to number 2E, concerning the construction of a stockade fence Bill LUster noted that the state may require that chain link fencing be installed, and that would change the condition. Bill Luster also explained that the testing of materials as referred to in item three would be done randomly and at the direction of the Clerk of the Works. David Hart suggested that they use an environmental testing company rather than a geotechnical testing company. • Bill Luster notd that number 4 concerning storm water peak flow 1 is to insure that there is no effect downstream Debbie Hilbert commented on the condition regarding employee parking and stated that she thought that it was unfair to the employees to have to take the shuttle from the hospital. Dr. Patrick Curtain addressed the Board and stated that he is still concerned about who will be operating the Day Care Center, noting that he thinks that the hospital plans to lease the building to a Day Care provider. He also expressed his concern about who would enforce the parking restrictions, noting that drop off at a Day Care Center is different from drop off at school . He also noted that you can' t call the police and tell them that the employees are parking in their own lot. He also noted that he is concerned about the major traffic influx that will occur between 6 a.m. and 8 a.m. , in the neighborhood. Chuck Puleo suggested that the Board could restrict the hours of deliveries such as food services, to minimize traffic concerns. Mr. LeTarte addressed the Board and stated that he is aware that the hospital is willing to turn the pond over the the City, and reproted that the neighbors are in favor of that. Carter Vinson stated that he felt that a conservation easement that would allow the use of the pond would be better for the city than ownng the pond, noting that he can see a lot of negative things about the City owning the pond. Ward Four Councillor Leonard O'Leary addressed the Board and stated that the city will be respobsible for the drainage and he would like an opinion from the City Solicitor on that. Bill Luster continued reviewing the draft conditions. He noted that regarding number 11 , the hospital agreed early on in the discussions that if there was a problem with the drainage system, they would pay for the drainage system. Mr. LeTarte stated that the neighbors would like to see the drainage system in place before the construction of the building is started. Bill Luster stated that he is confident that they will reach an agreement on the decision within the next seven days and the final decision can be voted on at the next meeting, on April 7, 1994 . GROSVENOR NURSING HOME Bill Luster explained to the Board that there has been a change in the plan for the building, but that there is no difference in the distance from the property lines . He noted that he and • the Clerk of the Works, Will Beaulieu approved the change as a field change. He also noted that the developer requested 2 a letter from the Board stating that the footprint is acceptable. Walter Power suggested that they should file a new plan with the Planning Department. Bill Luster stated that they are required to file "as built" plans, so the department would have the changes, upon completion. Motion made by Kosta Prentakis to approve the change in the footprint, of the building for Grosvenor Nursing Home, seconded by Debbie Hilbert, and apporved by seven members, with Lee Harrington, and Gene Collins abstaining. DISCUSSION ON PANNETON LAWSUIT Bill Luster addressed the Board and stated that the Assistant City Solicitor Len Femino has informed him that a decision os about to be drafted on the matter, and that may be against the City. He noted that Len Femino suggested that the Board approve the Form A and he will ask the Judge not to make the decision. He noted that there is concern about the Board having a decision against them, saying that 80 feet of frontage, is not adequate frontage. Bill Luster stated that discussions with the Pannetons indicate that they are not willing to change their plans. David Hart stated that he is concerned about the perception that people would have of the Board, as a result of that action. Carter Vinson stated that he thought it would be worse to approve 80 feet of frontage, than to have a decision against the Board. Gene Collins stated that he felt that it would be a dangerous precedent to set, noting that anyone who came in after that would expect approval . Bill Luster stated that he would rather approve the 80 feet on that plan, on that site, rather than having a judgement to do so. The Board agreed to wait and see what the decision of the Judge would be on the matter. DISCUSSION OF THE PUD PROCESS Bill Luster stated that he does not have a letter from the City Solicitor yet, but he has indicated that he thinks that the amendment to the Zoning Ordinance regarding PUD' s as submitted by Councilor O'Leary is a violation of State law, as two special permitting authorities would be a violation of MGL Chapter 40A. Bill Luster reviewed Section 7-15 regarding the proposed changes with the Board. He also noted that he included a proposed pre application process, which would not be a public hearing, but • would invite officials into the process early on. 3 Kosta Prentakis expressed his concern about the use of a single parcel to meet surrounding use, and call it a PUD. He suggested that a variance could be granted, and they would not have to use a PUD. David Hart noted that the Board needs to consider the impact of a project on a specific site. There being no further comment or discussion on the matter, Bill Luster stated that he would tighten up the language for the single use portion of the ordinance before the Joint Public Hearing with the City Council .. There being no further business to come before the Board at this meeting, a motion was made by David Hart to adjourn the meeting, seconded by Chuck Puleo and approved unanimously. The meeting was adjourned at 10 : 15 p.m. RESPECTFULLY SUBMITTED BY: EILEEN M. SACCO, CLERK PB033194 • 4 r , • SALEM PLANNING BOARD MINUTES OF MEETING THURSDAY, MARCH 17, 1994 A regular meeting of the Salem Planning Board was held on Thursday, March 17, 1994 at 7:30 P.M. in the second floor conference room at One Salem Green. Those present were: Chairman Walter Power, David Hart, Carter Vinson, John Moustakis, Chuck Puleo, Kosta Prentakis, and Debbie Hilbert. Also present were City Planner William Luster, Assistant City Planner Beth Debski, Staff Advisor Debbie Hurlburt, and Eileen Sacco, Clerk. PRELIMINARY PLAN - BOSTON AND HOWLEY STREETS - ATTY. JOHN SERAFINI SR. Atty. John Serafini addressed the Board and presented a Form B application and plans regarding a subdivision located on Boston and Howley Streets. He explained the plans to the Board. City Planner Bill Luster addressed the Board and stated that the plans have been reviewed by the Planning Department and he would like some additional information on the plans. He asked that sheet #2 show the areas in Salem and the areas in Peabody. He also requested that sheet N3 of the plan show the plan show which buildings are to be torn down, as well as those that will remain. Bill Luster also noted that the City Engineer felt that the sewer line on Howley Street • needs to be more defined and that there is no cross section of the road way or sidewalk. Atty. Serafini agreed that those items could be added to he plan and requested that he be allowed to withdraw the application for a Form B, Preliminary Plan, without prejudice. He noted that they would make the changes and resubmit the application shortly. Motion made by David Hart to allow the application to be withdrawn without prejudice, seconded by Chuck Puleo and approved unanimously. Jim McDowell of Eastern Land Survey addressed the Board and stated that he would put a zoning table for Salem and Peabody on the plan. DETERMINATION OF SPECIFIC AND MATERIAL CHANGE - 73 BOSTON STREET - ATTY. STEPHEN LOVELY Atty. Stephen Lovely addressed the Board on behalf of his client Dean Boucher, and requested a specific and material change to the plans for 73 Boston Street. Atty. Lovely explained that on February 16, 1994 the Board of Appeal denied the petition of the Salem Housing Authority and Dean Boucher for a request to eliminate the previously imposed requirements of a Special Permit and an additional Special Permit for a deck at 73 Boston Street. He also noted that originally the applicant proposed to reduce the parking requirements from seven spaces to four spaces, removal of an owner occupied condition, and they were seeking to allow an existing deck which encroaches on side setbacks. He stated that the property is to be purchased by the Salem • Housing Authority. The changes to the request are for a variance from the encroachment of side setbacks and to increase the parking to five spaces. Bill Luster stated that he is not sure that they need to be before the Board for this request since ,• the original presentation to the Board of Appeal seems to have been done incorrectly, but since they filed the application the Board should consider it. Carter Vinson stated that it is difficult to say that any one of the three things has been changed. He suggested attempting to address a majority of the issues, noting that one issue is a yes or no answer, referring to the condition that the property be owner occupied. Bill Luster noted that the Board of Appeal rejected the request based on the parking request. He also noted that he did not think that the Board should be deciding Board of Appeal issues. Debbie Hilbert stated that she is inclined to give them the benefit of the doubt. Carter Vinson stated that the Planning Board has to assume competence on the part of the Board of Appeals, noting that if the situation was reversed he would be upset. David Hart stated that the documents presented were confusing at best. Walter Power stated that he is concerned about taking material changes lightly. He suggested that Atty. Lovely withdraw the motion and come back at a later time when the information can be sorted out. Motion made by Chuck Puleo to allow the application to be withdrawn without prejudice, seconded by David Hart and approved unanimously. • WETLAND AND FLOOD HAZARD SPECIAL PERMIT - 18 FREEMAN ROAD ATTY. JACK KEILTY Chuck Puleo recused himself from the discussion of this matter. Debbie Hurlburt reported that at the last meeting the Board closed the Public Hearing on the matter. She also noted that the draft decision has been prepared and reviewed it with the Board. There being no comments or questions concerning the decision, a motion was made by Carter Vinson to approve the Wetland Flood Hazard Special Permit for 18 Freeman Road, seconded by David Hart and approved unanimously. SITE PLAN REVIEW SPECIAL PERMIT 3-5 TRADERS WAY - ATTORNEY MARCIA CINI City Planner Bill Luster addressed the Board and stated that during the last discussion of this project there were six issues of concern to the Board. He noted that they have attempted to address all of the issues in this decision. He noted that the issue of the dumpster was left open and the City Planner will work with them on the appropriate material to use. Bill Luster reviewed the decision point by point with the Board. There being no further comment on the matter a motion was made by John Moustakis to approve • the Site Plan Review Special Permit for 3-5 Traders Way, seconded by Debbie Hilbert, and approved unanimously. PUD DISCUSSION Bill Luster noted that the Joint Public Hearing between 6:30 p.m. He reviewed the Zoning Ordinance with the Board and identified changes that he and the Planning Department staff have been working on. Walter Power stated that he is concerned about developers being able to piece together parcels or land and calling them a PUD in order to get around zoning. Kosta Prentakis agreed noting that the language needs to be more defined so that the Board can apply it. Debbie Hilbert agreed as well noting that there should be an integral relationship between the uses such that each enhances the viability of the other uses. Carter Vinson stated that the Board needs to see the intent of the PUD and the relationship of it with regards to the Master Plan for the City. He noted that he sees problems using this ordinance now with no current master plan to use with it. Bill Luster stated that there should be a reasonable balance between the uses, noting that he would not want to change anymore than what has been suggested citing the Parker Brothers site as a possible use of the PUD process. He also noted that the City is trying to enhance the possibility that people will come to Salem and take a chance, referring to the hope that new businesses will come to Salem. • Bill Luster stated that he will put together a draft before the next meeting on April 7, 1994 for the members to review. OLD/NEW BUSINESS Bill Luster reported that Saratoga Associates have been hired to consult on the Master Plan. He also noted that the Mayor is in the process of appointing a committee to work on the Master Plan. There being no further business to come before the Board at this meeting, a motion was made by Chuck Puleo to adjourn the meeting, seconded by Debbie Hilbert and approved unanimously. The meeting was adjourned at 11:00 p.m. RESPECTFULLY SUBMITTED BY: EILEEN M. SACCO, CLERK PB031794 • SALEM PLANNING BOARD MINUTES OF MEETING MARCH 3, 1994 A regular meeting of the Salem Planning Board was held on Thursday, March 3 , 1994 at 7 : 30 p.m. in the second floor conference room at One Salem Green. Present were: Chairman Walter B. Power, III, David Hart, Carter Vinson, John Moustakis, Chuck Puleo, and Debbie Hilbert. Also present was Staff Advisor , Debbie Hurlburt. Wetlands and Flood Hazard Special Permit - 18 Freeman Road Chuck Puleo recused himself from discussion on this matter . Attorney Keilty addressed the Board on behalf of his client , Daniel Archibald, to present plans for property located at 18 Freeman Road which falls within a Wetlands and Flood Hazard Special Distict . Attorney Jack Keilty recalled for the Board that his client has received approval for this proposal under the City of Salem' s Subdivision Regulations as well as receiving an Order of Conditions • from the Salem Conservation Commission, and that he is now before the Board for the Wetlands and Flood Hazard Special Permit . Chairman Power asked if any Board members had any questions regarding this proposal . David Hart stated that there has been a revision date added to the plans since the Board approved the Subdivision. Mr . Hart asked what was the change. Attorney Keilty indicated the change was the inclusion of a cross section of the proposed paved driveway. Walter *Power asked if the drain pipe under the proposed driveway was adequate to handle the water run off . Attorney Keilty stated that it was and that he has received previous approval from this Board and from the City' s Department of Public Services . Walter Power inquired as to why the turnaround was not located in the driveway . Attorney Keilty responded that the turnaround was separate from the driveway due to a wider turnaround area necessary to conform to the Fire Department ' s regulations . 1 Chairman Power read the comments from the various City Departments. Mr . Power opened the meeting up to comments from those in attendance. Edmund Polechewicz of 12 Freeman Road asked that if there were to be any damaging effect on the abutting property (Erps) from the water being unable to flow across abutting property would the Planning Board make this liability part of their decision. Attorney Keilty responded that Mr . Archibalds property would be lower than the abutting Erp' s property and the water should not be impeded to flow. Chairman Power also pointed out that Section C indicates that the grade will be away from the Erp' s property and toward the wetlands. Mr . Power also stated that the entire length of the property will not exceed the Erp' s grade . Chuck Puleo of 5 Freeman Road (as an abutter ) stated that he has a concern that if the water gets blocked off at the Salvo property who would be responsible for maintaining it and unblocking it . Attorney Keilty responded that he is not sure if anyone is maintaining that property at this point . • There being no further questions or comments from those present at this time a motion was made by Debbie Hilbert to close the public hearing, seconded by Carter Vinson and approved unanimously. CONTINUATION OF A PUBLIC HEARING FOR A SITE PLAN REVIEW SPECIAL PERMIT - 81 HIGHLAND AVENUE - ATTORNEY JOSEPH CORRENTI Attorney Joseph Correnti from the offices of Serafini , Serafini & Darling reviewed the proposed project to the Board. Attorney Correnti stated that this proposal falls under Site Plan Review due to the 3 , 500 square foot addition to the Davenport Building. Attorney Correnti also stated that this would be a single story auditorium. Attorney Correnti stated that at the last meeting a question was raised by the Board as to the type of exterior building material utilized on this addition. Attorney Correnti introduced Mr . Don DiPanifilo from the North Shore Medical Center who explained the material . Mr . DiPanifilo brought a section of the building facade for the Boards review. 2 • Mr . DiPanifilo also stated that the material is of a synthetic concrete finish which would blend in with the existing Davenport building . In addition, the color would be blended to meet the Davenport building. John Moustakis asked what was the life of the material to be utilized . Mr . DiPanifilo stated that the material would last the life of the building . Chuck Puleo asked whether there was any possibility of adding another story to this addition. Mr . DiPanifilo stated that there was not . Walter Power asked if there would be any chiller on the building . Mr . DiPanifilo stated that there was not . Walter Power read comments from the Fire Department . There being no further questions or comments at this time a motion was made by Debbie Hilbert to close the public hearing, seconded by Chuck Puleo and approved unanimously. Walter Power read the proposed draft conditions to the Board. There being no questions or comments at this time a motion was made by John Moustakis to accept the plan with conditions, seconded by David Hart and approved unanimously. CONTINUATION OF A PUBLIC HEARING FOR A SITE PLAN REVIEW SPECIAL PERMIT - 3-5 TRADERS WAY - ATTORNEY MARCIA CINI Attorney Marcia Cini of Tinti , Quinn and Merry addressed the Board and stated that since the last meeting she has been in contact with the architect for the project and she has given the Board ' s concerns to him in order to amend the plans . Mri. Barney Berliner discussed with the Board the concerns raised at the last meeting . Mr . Berliner stated that the first change was the elevation with the proposed signage . Mr . Berliner stated that he did not have the final designs of the signage at this time but it would be available for review by the Sign Committee . Mr . Berliner responded to the concern regarding the dumpster enclosure. Mr . Berliner stated that the doors would open from the front and be of redwood stain with a five foot concrete slab bottom to contain the dumpster . • 3 • Mr . Berliner indicated all the proposed areas for lighting and brought in a catalog cut of the lighting to be utilized. Mr . Berliner stated that the height of the pole would be 18 feet . Chuck Puleo asked whether the lighting would be matching McDonald ' s project . Mr . Berliner stated that it would. Mr . Berliner also indicated where the granite curbing would be utilized on the access road. Chuck Pul.eo asked how many curbs will be granite on the access road because it looks like some are not granite. Mark Perechocki stated that he had spoken with Bill Luster and that Mr . Perechocki may be doing additional work to upgrade the site by CVS and Caldors and that if he gets to upgrade this area then he will consider upgrading to all granite all the way down the access road . John Moustakis stated that he felt that the road is not very well lit . Mr . Perechocki stated that with the new development that there • should be more lighting . Walter Power stated that he would like more information regarding the lighting pattern . David Hart stated that he would like to see what the impact on the lighting would have on the road . Mr . Hart also wondered whether there was a standard for lighting in the City. Walter Power indicated that there would be alot of pedestrian traffic and the Board would like to have review of the lighting in the parking lot . The Board discussed the need for a walkway from the proposed project site to adjacent lots and rearranging parking spaces somewhat to make for a walkway to the building . Walter Power asked whether the catch basins were designed for cleaning . Mr . Berliner stated that they were. Walter Power inquired about the decibel level of the HVAC units . Mr . Berliner stated the levels should be low due to the utilization • of five small units instead of one large unit . 4 • David Hart stated that there is no indication of the bells of the units on the information that he received. Mr . Berliner stated that unfortunately he was not an expert in this area and the engineer could not be here for this meeting and he suggested that Mr . Hart contact the engineer regarding this question . David Hart stated that he is still concerned with the location of the dumpster and visibility for vehicles exiting the site . Walter Power stated that he is still bothered by the facade on Highland Avenue . Mr . Power noted that the back of the building would be for servicing the building and he would like the back of the building to give an illusion that the back is the front . Mr . Power stated that the facade facing Taco Bell is such the illusion he! is looking for . The Board discussed the walkway again and Walter Power stated that the walkway should be three feet wide on both sides of the property line. Walter Power stated that the remainder of the curbing is still an open issue and he wants the developer to know that he expects that this be addressed. • Mr . Perechocki stated that when there is another phase to the development that he will be before the Board to discuss it . Mr . Berliner stated that if the Board would give his client final approval on this project that he would install granite curbing on the remainder of the lot . Walter Power stated that he would like the granite curbing to go all the way around the end of the lot to deal better with snow plow vehicles and maintenance. David Hart stated that he would talk to Peter Pratt , the HVAC engineer before the next meeting . There being no further questions or comments at this time a motion was made by Carter Vinson to close the public hearing, seconded by Chuck Puleo and approved unanimously. The Planning Department will make a recommendation on the matter at the next meeting . OLD/NEW BUSINESS The Planning Board asked about the date for the joint public hearing on the PUD zoning change to be held with the City Council . • 5 Debbie Hurlburt responded that the Planning Department is waiting for the City Clerk ' s office to tell them the date. The Planning Department will contact the Planning Board as soon as they know. The Planning Board briefly discussed the PUD and its need for fine tuning . Carter Vinson stated that he would like to have the City Solicitor ' s comments on the voting power of the Council when this ordinance comes down to a vote . APPROVAL OF MINUTES The minutes for the meetings of October 7 , November 4 , and November 18, 1993 , were reviewed and amended by the Board. Motion made by Debbie Hilbert to approve those minutes as amended, seconded by John Moustakis and approved unanimously. There being no further business to come before the Planning Board at this meeting, a motion was made by Chuck Puleo to adjourn the meeting, seconded by Carter Vinson and approved unanimously. RESPECTFULLY SUBMITTED DEBRA A. HURLBURT STAFF ASSISTANT Ex\DH\PBMINUTS. 394 6 i rt SALEM PLANNING BOARD MINUTES OF MEETING THURSDAY, FEBRUARY 17, 1994 A regular meeting of the Salem Planning Board was held on Thursday, February 17 , 1994 at 7: 30 P.M. in the second floor conference room at One Salem Green. Those present were: Chairman Walter Power, Linda Vaughan, Carter Vinson, David Hart, John Moustakis , Chuck Puleo, Kosta Prentakis , and Debbie Hilbert. Also present were City Planner Bill Luster, Assistant City Planner Beth Debski and Eileen Sacco, Clerk. CONTINUATION OF A PUBLIC HEARING - SITE PLAN REVIEW - 3-5 TRADERS WAY Atty. William Quinn addressed the Board and noted that at the last meeting the Engineer for the project was unable to attend because he fell prior to the meeting and was being treated at Salem Hospital . He noted that the Engineer, Mr. Pratt is present this evening and ready to discuss the plans for the Blockbuster Video Store, proposed for 3-5 Traders Way. Atty. Quinn also noted that as of yet they do not have another committed tenant for the building, and the third tenant may be Jenny Craig. The Engineer for the project explained the plans to the Board. • Carter Vinson asked for clarification on the entrance to the building. Mr. Pratt stated that the entrance to the building would be facing Shaws Supermarket. He also noted that the entrance and the exit have been reviewed with the Building Department. Mr. Pratt explained that the outside facade of the building would be stucco, with canvas awnings. Bill Luster noted that he met with Atty. Quinn and Mr. Berlinger and expressed his concern about the Highland Avenue side of the building, since it is a major road and the back of the building will be visible from Highland Avenue. Walter Power asked what type of signage they plan. Atty. Quinn stated that Blockbuster Video stores have awnings for signs . Bill Luster noted that the type that they use are plastic awnings that light up and that is not allowed by the Sign Review Board. He noted that a canvas awning would be acceptable. David Hart asked about the location of the dumpster. Atty. Quinn noted that they have met with the Fire Department, and as a result of that have reduced the number of dumpsters from 3 to 1 . Bill Luster noted that entrance corridor overlay district 1 prohibits dumpsters that would be visible on Highland Avenue, in this case it would be the rear of the building. He noted that they would need a variance to locate the dumpster in that area. Chuck Puleo asked what size dumpster they are proposing. Mr. Pratt stated that they plan to have a 15 X 15 foot dumpster. Chuck Puleo suggested that they could have a smaller unit located inside the building. David Hart asked how far it would be to the nearest residential neighbor. Linda Vaughan noted that there are 2 houses next to the curtain store, and they would be the closest. David Hart asked about the HVAC units planned for the building. Mr. Pratt stated that there would be a timer on the system, and that it could be screened to reduce noise in the neighborhood. Walter Power as'ced to have decibel figures provided to the Board. David Hart also requested information on the HVAC units proposed. Walter Power also noted that the Board likes to see rooftop HVAC units screened if they are visible to the public. Chuck Puleo asked if it were possible to have the awnings in the front of the building could be continued to the back of the building. Atty. Quinn stated that it would depend if the tenants for the rest of the building, had signange that would be compatible. • Linda Vaughan suggested that they have no awning in the back and put up a sign in the rear of the building. Debbie Hilbert agreed that she felt that the sign band was a good idea, because it would give that side of the building some architectural detail . She suggested that the signs for the other tenants could be put up as they come into the building. Walter Power suggested that they prepare a drawing to show what the possibility of a sign band would look like. Atty. Quinn stated that they would work on a couple of solutions to present at the next meeting. Chuck Puleo suggested that they put some plantings at the back of the building. David Hart asked to have the granite curbing proposed along the street detailed. He also asked what the interior curbing would be. Mr. Pratt stated that they propose precast concrete for the interior curbing. Walter Power suggested that they consider providing a formal walkway between the Blockbuster Property and McDonalds for pedestrian safety. 2 CI Carter Vinson asked to have the snow removal plans explained. Atty. Quinn stated that the owner of the property would arrange to have the snow removed and the tenants would pay for it, so it would probably be the same contractor for all of the businesses . Walter Power asked about the lighting. Atty. Quinn noted that they have the same lighting system as McDonalds . Walter Power read comments from other City Boards and Commissions. He noted that the Conservation Commission has no jurisdiction on this project, The Board of Health issued its standard conditions , and the City Engineer Concurs with the project. There being no further questions or comments at this time a motion was made by Debbie Hilbert to continue the Public Hearing until March 3, 1994 , seconded by Kosta Prentakis and approved unanimously. OLD / NEW BUSINESS Colby Street Bill Luster informed the Board that a draft decision should be ready for the next meeting, and the Board would discuss it • so that a final decision could be written. City Ordinance Change regarding PUD ' s Bill Luster noted that Councillor O'Leary has brought in a order to the City Council for an Ordinance Change which would take the PUD process out of the Planning Boards hands and give that authority to the City Council . He stated that it will be treated as a zoning change and that a joint public hearing of the Council and Planning Board would be held, and then the Board can make a recommendation to the Council 21 days after the hearing. PUD Workshop David Hart suggested that the Planning Board have a workshop on the PUD process to better acquaint themselves with the process . Bill Luster stated that time could be set aside at the next meeting to do that, or a special meeting could be held for that purpose. Cater Vinson stated that he would like to have the meeting before the Public Hearing with the Council . David Hart noted that he would like to see a presentation from Bill Luster and have him go through it piece by piece and discuss it with the Board. 3 r There being no further business to come before the Planning Board at this meeting, a motion was made by John Moustakis to adjourn the meeting, seconded by Carter Vinson and approved unanimously. The meeting was adjourned at 9 : 40 P.M. RESPECTFULLY SUBMITTED BY: EI EN M. CO, CLERK PB021794 4 : . SALEM PLANNING BOARD MINUTES OF MEETING TUESDAY, FEBRUARY 15, 1994 A special meeting of the Salem Planning Board was held on Tuesday, February 15, 1994 at 7:00 p.m. in the side conference room at One Salem Green, for the purpose of making a decision on the application of GTE/Sylvania for a Wetlands Flood Hazard Special Permit. Those present were: Chairman Walter Power, Carter Vinson, Linda Vaughan, John Moustakis, Kosta Prentakis, David Hart, Chuck Puleo, and Debbie Hilbert. Also present were City Planner William Luster, Assistant City Planner Beth Debski, Staff Advisor Debbie Hurlburt, City Solicitor Robert Ledoux, Atty. Cynthia Barnett, Atty. Jane Kozinski, and Eileen Sacco, Clerk. City Planner Bill Luster reviewed the draft decision with those present. He read through each paragraph of the decision, noting the minimal changes that were made to the draft decision. Walter Power expressed his concern that if the Planning Board addresses the Eastern portion of the property and asks them to replace the Salt Marsh, that may be beyond the purview of the Board. Bill Luster noted that they have been careful to ensure that what is in the draft is within the parameters of the Flood Hazard District Special Permit. • Carter Vinson suggested that the last paragraph could be read as being a little cute, noting some old topo maps my show nothing at all. Walter Power noted that he is concerned about the stormwater runoff, and the effect that it would have on erosion on an elevated Eastern landfill. Cynthia Barnett addressed the Board and stated that she has no doubt that the Planning Board has jurisdiction over the areas covered in the decision. She noted that she made her conclusions based on information that was given to the Board. Kosta Prentakis left the meeting at this time. David Hart expressed his concern about the hazardous waste information given indicating that the material is hazardous. Cynthia Barnett stated that if they find that the material is not hazardous, then they will come back with plan that says that the material is not hazardous. Walter Power expressed his concern about the length of time that the material would be stored on the property, noting that he felt that no material should be stored on the property if it is hazardous. Carter Vinson stated that he did not think that the Board should specify an amount of time. David Hart noted that there is a possibility that the material could sit there. Cynthia Barnett stated that then it would become a Board of Health issue. • There being no further discussion on the matter a motion was made by Carter Vinson to approve the decision for a Wetlands Flood Hazard Special Permit for GTE/Sylvania, seconded by John Moustakis and approved unanimously. f 1 Vii. Motion made by David Hart to adjourn to Executive Session, to discuss possible litigation, regarding the decision, seconded by John Moustakis and approved on a roll call vote as follows: David Hart Yes Debbie Hilbert Yes John Moustakis Yes Chuck Puleo Yes Carter Vinson Yes Walter Power Yes Linda Vaughan left the meeting following the vote on the decision. The Board adjourned to the City Planners office for Executive Session. The Planning Board reconvened to open session. There being no further business to come before the Planning Board at this meeting, a motion was made by John Moustakis to adjourn the meeting, seconded by Chuck Puleo and approved unanimously. The meeting was adjourned at 9:00 p.m. • RESPECTFULLY SUBMITTED BY: EILEEN M. SACCO, CLERK PB021594 APPROVED BY THE SALEM PLANNING BOARD AS AMENDED APRIL 21, 1994 • Civ of �$aten� 'Massac4usetts ,� IIttri1 he 7 8 59 M '9q ��p vr_ CITY OF SALE!- MASS Orm Salem Grew CLERK,S 0 r r i C F NOTICE OF MEETING You are hereby notified that the Salem Planning Board will hold a special meeting on Wednesday, February 9, 1994 at 7 : 00 p.m. in the second floor conference room at One Salem Green. Walter B. Power , III Chairman TENTATIVE AGENDA: 1. Discussion regarding Wetlands and Flood Hazard Special Permit . for GTE/Sylvania. 2. Old/New Business EX\DH\PB020994 This notice posted on "Official Bulletin Board` City Hall AAAve., Salem, Mass. onAll 2at 3A 28B of M.G.L.�nrdance with FEBFChap. 73995ec. V•CON Ctv V4 NhL�tt� 1. 2X89iXCI�ITSE�>`S 9 Vkmting uxrii 9 � FEB 2 of ph 9q @m $atem (6jun CITY of Sn(EM. r4ASS CLEP,K,s OFFICE NOTICE OF CANCELLATION You are hereby notified that the Salem Planning Board meeting scheduled for Wednesday, February 9 , 1994, at 7 :00 p.m. in the second floor conference room at One Salem Green has been canceled. Walter B. Power , III Chairman .1 EX\DH\CANCL209 This notice posted on "Official Bu�I tin Board" City Hall Ave., Salem, Mass. on ff 9 1994 at c20/ AV In accordance with Chap. 39 Sec. 23A 8 238 of M.G.L. SALEM PLANNING BOARD MINUTES OF MEETING THURSDAY, FEBRUARY 3, 1994 A regular meeting of the Salem Planning Board was held on Thursday, February 3, 1994 at 7:30 p.m. at the Salem Police Station, 95 Margin Street Salem, Mass. Present were: Chairman Walter Power, Linda Vaughan, David Hart, Debbie Hilbert, Carter Vinson, Chuck Puleo, John Moustakis, and Kosta Prentakis. Also present were City Planner William Luster, Assistant City Planner Beth Debski, Staff Advisor Debbie Hurlburt, and Eileen Sacco, Clerk. CONTINUATION OF A PUBLIC HEARING FOR STOP & SHOP CORP. PUD APPLICATION Chairman Walter Power read a letter from Atty. John Serafini, Sr. requesting that Stop & Shop be allowed to withdraw their application without prejudice from the Boards consideration. Chairman Power attempted to entertain a motion on the request with discussion of the Board, when he was interrupted by Atty. William DeMento, who urged that the public present be allowed to speak on the matter. He noted that the law stated that the applicant can withdraw a petition up until it is advertised or at the discretion of the Board. He also stated that he thought that the public has a right to some input in the matter. • After some discussion the Board agreed to allow the public to express their views, although Chairman Power noted that it is not the usual practice of the Board to allow this, with a motion on the table. Ward Four Councillor Leonard O'Leary addressed the Board and stated that he is outraged that the applicant figured out that the votes are not there and they are requesting to withdraw the application. He urged that the Board continue the Public Hearing and complete the process. Chairman Power noted that the applicant has a right to withdraw the request. Councillor O'Leary noted that he disagreed. Scott McLaughlin of 19 Highland Street, Salem, addressed the Board and stated that he was .under the impression that if the Board denied the application they could not come back for two years, but that if they are allowed to withdraw they can come back at anytime. He noted that he felt that the process should continue and end the matter. Walter Power noted that since the process is not even close to completion they should be able to withdraw the application. He also noted that if this were the eleventh hour and all of the information had been presented, that would be a different matter. Joe Van Loon of 155 Boston Street addressed the Board and apologized for his inappropriate comments at the last meeting, with regards to the Planning Board. He also expressed his concern for the neighborhoods and the increase of truck traffic. He also noted that there were inaccurate facts presented regarding truck traffic. .a • Councillor At Large Bill Burns addressed the Board and stated that he felt that the Board should withdraw the motion to allow the withdrawal of the application and make a motion to accept the PUD, and bring it up for immediate reconsideration in the hopes that it will fail. Michael Averill addressed the Board and stated that at the last meeting the Board voted to deny the PUD and it did not pass. He stated that he was under the impression that the Board was going to investigate the ramifications of denying the application before hearing all of the information, and take the vote again at this meeting. Natalie Ross of Beaver Street addressed the Board and stated that she would like the Board to use its discretion and consider what the neighbors want to see in the neighborhood. Russell Thatcher of 12 Grove Street addressed the Board and stated that at the last meeting he got a sense that the Board was concerned about the not having heard all of the application before taking a vote. He stated that he felt that the Board had enough negative information to deny the application but did not do so because of potential liability. Maureen Kiley of Bow Street addressed the Board and stated that she felt that if Stop & Shop is allowed to submit the application again, she hoped that it would be a positive application and not a proposal full of mitigation as to how to fix the negatives. Mary Casey of 28 Grove Street addressed the Board and stated that if Stop & Shop is allowed to withdraw the application and resubmit it, the process would go on in perpetuity. She stated that she felt that the Board has enough information to deny it. She also stated that she was under the impression that the Board would see if there was a liability in denying the application and would • take another vote tonight. She stated that the neighbors deserve some closure on this matter and urged the Board to deny the application and made them come back in two years. Linda Vaughan addressed Ms. Casey and stated that she lived through six years of fighting a development in her neighborhood. She suggested that the neighbors should not with to have the process start all over again since they would have to endure it all over again. She suggested that they would be better off letting it continue and get it over with. Atty. William DeMento addressed the Board and stated that while the issue of the right of the petitioner to withdraw is at the discretion of the Board, he is concerned that politics will effect the decision, noting that Mayor Harrington is pro Stop & Shop and has the power to appoint people to the Board who favor Stop & Shop. He urged the Board to take the motion to allow the applicant to withdraw without prejudice off the table, and vote on whether it is a PUD. Walter Power noted that the Board has not finished the process and cannot make a decision without hearing all of the information. Richard White of 159 Boston Street addressed the Board and stated that he also left the last meeting with the impression that the Board would be voting on the issue of whether or not it is a PUD at this meeting. Walter Power addressed those present at the meeting and noted that the Board has a responsibility to treat all parties fairly. • Larry Baccari of 99 Tremont Street addressed the Board and presented a petition requesting that the traffic problems in the area that already exist, be addressed. He stated that he had been trying to get the traffic slowed down, but he has gotten no response from the City. Ward Four Councillor Leonard O'Leary addressed the Board again and stated that he thinks that • there are misconceptions on both sides and that he thought that this meeting was to decide if the application is a PUD. He stated that he does not think it is a PUD and noted that the Salem City Council voted unanimously in December to ask the Planning Board to deny the application as a PUD. Julia Pied of Peabody addressed the Board and stated that she is against the project. She stated that the neighbors do not want a Stop & Shop in their neighborhood. She noted that Stop & Shop is a big conglomerate and they can find ways to proceed. She stated that the Planning Board has the power to stop this now and urged them to do so. Dr. A. Thomas Billings addressed the Board and stated that he is a teacher, and as such talks to children about fairness. He stated that the Board is attempting to be fair to everyone, but the fact is that if Stop & Shop is not ready to proceed it is their fault, and it is time to move on. Steve Kantaris of Peabody addressed the Board and expressed his concern about the traffic in the City of Peabody. Walter Power addressed his concerns about the Peabody traffic situation, noting that the City of Peabody held up the proposed connector road years ago and as a result Salem and Peabody are choked with traffic. Joan Sweeney of 22 Silver Street, Salem, addressed the Board and expressed her concern that the proposed store would be open 24 hours. City Planner William Luster stated that the hours of operation would be determined by the City • Council. He stated that stores are only allowed to stay open until 11:00 p.m., unless they get approval of the City Council Ward Six Councillor Sally Hayes addressed the Board and stated that she was also under the impression that the Board would be voting on whether the application was a PUD. Barbara Henry of 8 Mount Vernon Street, Peabody addressed the Board and stated that she felt that Stop & Shop was quitting the game before it was over, because they were going to lose, which she called making it legal to be deceptive. There being no further discussion on the matter at this time, Walter Power asked for a vote on the motion made at the start of the meeting to allow Stop & Shop to withdraw its application with out prejudice. All those present voted in favor of allowing Stop & Shop to withdraw the application without prejudice. PUBLIC HEARING - SITE PLAN REVIEW SPECIAL PERMIT - NORTH SHORE MEDICAL CENTER - 81 HIGHLAND AVENUE - PROPOSED PHYSICIAN AND EMPLOYEE MEETING ROOM Atty. Joseph Correnti of Serafini, Serafini, and Darling addressed the Board on behalf of his client, North Shore Medical Center to present an application for a Special Permit for an extension to the Davenport Building for a Physicians and Employee meeting room. He stated that the addition would be a 3,500 s.f. single story addition, with no exterior entrance, having an interior entrance on the first floor level. He noted that the reason the addition is for the • expansion of the data processing department which is presently using two small conference rooms. He also stated that the addition will result in the shifting of current use of space in the • hospital, and there is no need for additional parking as such. Atty. Correnti also noted that they are requesting a waiver from the environmental impact statement, citing there would be minimal impact due to the size of the project. Linda Vaughan asked to see what the outside of the building would look like with the addition. Don DePanfalo of North Shore Medical Center described the material that they plan to use for the outside of the building. He estimated that the cost of the construction would be about $480,000.00. Walter Power asked if the hospital has considered moving the data processing department off of the hospital campus and into a downtown office. Arty. Correnti stated that it is important for this department to be located on the campus. Linda Vaughan asked if they have had any meetings with the neighbors regarding this plan. Atty. Correnti stated that they have sent out 55 letters to the neighbors and city councillors and they have received no response. Walter Power asked if any additional staff would be coming to the hospital as the result of the expansion of the data processing department. Atty. Correnti stated that there should be no increase in staff, since it is a re-shifting of a use • already within the hospital. Don DePanfalo explained the material for the exterior of the building, noting that it was chosen to match as closely as possible to the Shaughnessey and Davenport buildings. Walter Power stated that he would like to see a sample of the material. Linda Vaughan asked about the use of Old Road during the construction of the project. Atty. Correnti stated that it would be used for emergency purposes only. Walter Power asked if there would be any lighting changes. Mr. DePanfalo stated that there would not be any changes. David Hart asked if there would be any outdoor air conditioners. Mr. DePanfalo stated that they would be tying into the existing air conditioning unit in the Davenport Building. Walter Power opened the meeting up for public comment at this time. There was no one present who wished to comment on the matter. Walter Power read a list of comments from other City Boards and Commissions. The • Conservation Commission has no jurisdiction in the matter. The City Engineer concurs with the plan. • The Board of Health has issued the standard conditions for the project. Bill Luster suggested that the Board leave the hearing open until the meeting of March 3, 1994, and the Planning Department will review the matter prior to the meeting. Motion made by Linda Vaughan to continue the Public Hearing until March 3, 1994, seconded by Kosta Prentakis and approved unanimously. Walter Power asked that the members take a look at the site prior to the March 3, 1994 meeting. WETLANDS AND FLOOD HAZARD DISTRICT SPECIAL PERMIT - SALEM OIL AND GREASE - 60 GROVE STREET Dr. Hugh Mulligan of Gulf of Maine Research Inc., addressed the Board and noted that at the last meeting the Board closed the Public Hearing. He noted that the site plan now shows the elevations as requested by the Board. Walter Power asked if the shed type roof would increase the elevations. Dr. Mulligan noted that it would increase the elevation and that a gable roof would lower the peak of the roof, but stated that for fire prevention reasons, a shed type roof was requested. He also noted that it would shield industrial activity from the line of the fence. David Hart asked how they plan to deal with the water that comes from the roof. Dr. Mulligan • explained the drainage routes on the plan. The Board reviewed the draft decision for the plan. Walter Power questioned how far up the slope Salem Oil and Grease owned. Dr, Mulligan replied that they own up to the property line at the fence. There being no further questions or comments concerning the matter, a motion was made by John Moustakis to approve the Wetlands Flood Hazard Special Permit for Salem Oil and Grease, seconded by David Hart and approved unanimously. OLD/NEW BUSINESS GTE/SYLVANIA - DISCUSSION OF PROGRESS Bill Luster noted that at the last meeting, Cynthia Barnett med with the Board and stated her concerns about the application before the Board for a Wetland Flood Hazard Special Permit for GTE/Sylvania. He also noted that the Board discussed its position on the matter. Bill Luster also noted that City Solicitor Bob Ledoux sent letter to GTE's Attorney, requesting that they respond to the questions raised by the Board. He suggested that the Board hold a special meeting, a week from tonight to discuss only the GTE matter. Bill Luster gave the Board members draft decisions to review and noted that the final decision • may have different language in it, as the Attorney's are tightening up the language. He reviewed the draft decision with the Board. • The Board will hold a special meeting on Monday, February 7, 1994 at 7:00 p.m., to discuss the GTE decision. CALUMET STREET Debbie Hurlburt reported that Atty. Keilty has not yet filed with the Conservation Commission, and he has agreed to an extension until the end of April, on the application that is before the Board. FREEMAN ROAD - DEFINITIVE SUBDIVISION - COVENANT Debbie Hurlburt addressed the Board and stated that the owners have requested approval to allow them to sell the property as approved, and the new owners would still have to come before the Board for approval. Motion made by Linda Vaughan to allow the owner to sell the property as approved, seconded by John Moustakis, and approved unanimously. There being no further business to come before the Planning Board at this meeting, a motion was made by Linda Vaughan to adjourn the meeting, seconded by John Moustakis and approved unanimously. The meeting was adjourned at 10:25 p.m. RESPECTFULLY SUBMITTED BY: • EILEEN M. SACCO, CLERK APPROVED BY THE PLANNING BOARD AS AMENDED APRIL 21, 1994 jm\dh\PB020394 w SALEM PLANNING BOARD . MINUTES OF MEETING THURSDAY, JANUARY 20, 1994 A regular meeting of the Salem Planning Board was held on Thursday, January 20, 1994 at 7:30 p.m. in the second floor conference room at One Salem Green . Those present were: Chairman Walter Power, Carter Vinson, David Hart, Debbie Hilbert, John Moustakis, Kosta Prentakis, and Chuck Puleo. Also present were: City Planner William Luster, Assistant City Planner Beth Debski , and Eileen Sacco, Clerk. DISCUSSION OF GTE/SYLVANIA WETLANDS FLOOD HAZARD SPECIAL PERMIT WITH ATTORNEY CYNTHIA BARNETT Atty. Cynthia Barnett, Special Counsel to the Planning Board regarding the Wetlands Flood Hazard Special Permit for GTE/Sylvania , and her Associate Jane Kozinski attended the meeting to discuss her findings after reviewing all of the materials submitted on the project. City Solicitor Robert LeDoux was also present at the meeting. Atty. Barnett stated that this is a very complicated process. She also noted that she assessed the completeness • of the files and the information submitted and found that there were some issues, which she summarized in a memo to the Board . She noted that they have a DEP closure permit , but no site assignment to build up the western landfill with the material from the eastern landfill . She stated that in order to bring in new fill you need to have a site assignment from the Board of Health and a permit to increase the landfill . Atty. Barnett stated that she also questioned whether the landfill could be expanded because of new DEP regulations which state that you cannot expand a landfill within 500 feet of an occupied residential dwelling, within 250 feet of a lake, pond or river and is within close proximity to or within wetlands and a floodplain. Carter Vinson asked if they would be subject to regulations enacted after the start of the process. Atty. Barnett stated that they would be subject to the new regulations. Atty. Barnett also stated that if the material is classified as hazardous as GTE claimed, it would have to be disposed of off site at a licensed hazardous waste facility that meets all of the requirements for such a facility under the RCRA. She noted that the proposed excavation of the hazardous waste from the western landfill and placement of it in the eastern landfill constitutes disposal and would • require a permit and the protection of the RCRA. Atty. Barnett also noted that GTE had been requested by the Secretary of EOEA to consider alternatives to landfill closure and alternative methods of capping. 2 • She noted that the draft Environmental Impact Report did not consider the alternatives suggested , nor did they address the comments submitted by the public in response to the Environmental Notification Form. Atty. Barnett also noted that GTE was supposed to analyze the rate, volume and quality of storm water runoff from the eastern landfill and the need for detention basins under the proposed capping project. She noted that the issue of the detention basins was addressed in the CLosure Design Report, but the storm water was not addressed . Atty. Barnett also noted that the Order of Conditions issued by the Salem Conservation Commission prohibited the disposal of hazardous or toxic materials in the eastern landfill , and since the material has been determined as hazardous , it appears that GTE must dispose of all hazardous landfill material off site. Atty. Barnett stated that GTE needs a NPDES storm water permit before activity can commence on the site and there is no evidence that they have applied for one . She also noted that under the Federal Clean Water Act, A NPDES permit is required for the discharge of pollutants from a point source to waters of the United States , and if the runoff from the site will be channeled through ditches or other discreet • conveyances then it should be tested to see if a NPDES permit is required . Atty. Barnett also noted that there are some Coastal Zone issues to be addressed as well . She noted that they do not have a Federal Wetlands Permit , and they may possibly need other Federal environmental permits as well . Atty. Barnett also noted that they applied for a Chapter 91 License and that in order to get to that point you must have all other permits in place. She noted that a Public Hearing on that was held this afternoon at One Salem Green and it was noted that many permits that they may require have not been received . Atty. Barnett noted that they have probably adequately tested the site to the extent of the permits that they have received, and other permits may require additional testing. She questioned whether 8 samples was enough to give accurate information regarding what the classification of the waste is, and the runoff has not been tested . She also noted that the impact on the adjacent areas is a concern, and the lead content present has not been verified as to where it is coming from. Atty. Barnett also noted that they have not responded to a • request to determine the feasibility of recycling the material, and they should prove that they have researched it by providing data. 3 Atty. Barnett also noted that the Planning Board requested a • written guarantee with respect to the performance of the liner, and they have not received that yet. She noted that no evidence was presented that the liner has been used for a glass landfill before, and that if the glass is permeable she questioned how safe the liner would be over time, and who would have to replace it. Walter Power stated that he would like to have an Executive Session to discuss matters of strategy and litigation regarding this matter. A motion was made by David Hart to adjourn to Executive Session to discuss matters of strategy and litigation, regarding the GTE Wetlands Flood Hazard Special Permit, seconded by John Moustakis and approved on a roll call vote as follows: Carter Vinson yes David Hart yes John Moustakis yes Chuck Puleo yes Kosta Prentakis yes Debbie Hilbert yes Walter Power yes Following the Executive Session the Planning Board reconvened to open session, and continued with the agenda • for the meeting. Walter Power asked representatives of GTE present at the meeting to look over the material that has been submitted by Atty. Barnett, and respond to the Planning Department within a week, so that the Board could have the response for the drafting of the decision. DISCUSSION REGARDING THE PROPOSED DAY CARE CENTER ON COLBY STREET - SALEM HOSPITAL Bill Luster addressed the Board and stated that he felt that it was time to close the public hearing for the proposal of Salem Hospital for a Day Care Center on Colby Street. He noted that the issue has gone on for some time and he feels that we have enough information to make a decision. He also noted that a commitment has been made by the City to install a new drainage system that is to be designed this winter and installed this summer. He also noted that the new City Engineer is more than capable of handling the situation. He recommended that the Planning Board close the Public Hearing tonight. Stanley Porier of the Greenway Road Homeowners Association addressed the Board and read a letter concerning the proposed drainage system to the Board , He noted that they • have an agreement with the City Engineer, Mr. Quigley and the Mayor on the drainage system, but he would like to see the funding, and the design in place before the project gets a decision. 4 Walter Power noted that the Board could not put conditions • on a decision to address Mr. Porier' s concerns . Atty. James Flemming addressed the Board and stated that they want to know exactly where the project is going to drain, and he also stated that the project must be in conformity with the superseding Order of Conditions issued by DEP. He also stated that he would like to clear up the existing problem prior to the start of construction, Ward Four Councillor Leonard O 'Leary addressed the Board and thanked them for taking their time on this matter, and reviewing the drainage system. He also noted that at some point the City will end up owning the system. Ward Three Councillor John Donahue addressed the Board and stated that he was concerned that if the Board closes the Public Hearing this evening, the neighbors would not have input into the decision. Bill Luster noted that the Board has had great success in the past with neighborhood representation during decision making, but recently that has been challenged and he will seek an opinion from the City Solicitor regarding that. He also noted that he would like to continue the practice if it is legally advisable. Motion made by Chuck Puleo to close the public hearing, • seconded by Carter Vinson and approved unanimously. SITE PLAN REVIEW - 3-5 TRADERS WAY - HIGHLANDER PLAZA REALTY TRUST - ATTY. WILLIAM QUINN Atty. William Quinn addressed the Board on behalf of his clients, Highlander Plaza Realty Trust, on their application for Site Plan Review Special Permit, to construct an 11 , 700 s.f. building and associated improvements at 3-5 Traders Way. He noted that this building would be a single story building on the vacant lot located between Taco Bell and the McDonalds that is planned for the other side. He also noted that they would plan construction to be adjacent to and with the construction of the new McDonalds . Atty. Quinn noted that the proposed tenant of the property would be Blockbuster Video, and Jenny Craig , and a third portion of the building is vacant at this time. Atty. Quinn noted that the Architect for the project was to attend this meeting, however he fell outsid eof Foodees Restaurant, and is at Salem Hospital. Atty. Quinn also stated that they are under a certain amount of pressure to get their approvals, since part of the lease agreement with Blockbuster Video, requires that they be ready to open by September 1 , 1994, which means that they • should start construction by April 1 , 1994 5 Bill Luster stated that he would like to see the plans • presented at the next meeting with the Architect present so that the Board can ask questions. He also stated that he did not see the time frame as a problem. David Hart expressed concern about the location of the dumpster. He suggested that it should be screened from the view of Highland Avenue. Kosta Prentakis asked if they were considering a food tenant for the third space, and if it is possible for a drive through. Atty. Quinn stated that they do not have enough room for a drive through, Carter Vinson asked where the handicapped parking spaces would be located. Atty. Quinn identified the handicapped parking spaces on the pian. Walter Power suggested continuing the public hearing to the February 17, 1994 meeting of the Board. Motion made by Carter Vinson to continue the Public Hearing to February 17, 1994, seconded by David Hart and approved unanimously CONTINUATION OF A PUBLIC HEARING - WETLANDS FLOOD HAZARD SPECIAL PERMIT - SALEM OIL AND GREASE - 60 GROVE STREET - MARK SHERFY - GULF OF MAINE RESEARCH CENTER • Mark Sherfy addressed the Board and noted that at the last meeting there were three outstanding issues that were of concern to the Board . He noted that the concerns of the Board regarding the site were answered in a letter from Webb Associates which the Board has received, The SESD also responded to the Board in a letter dated December 16 , 1993 . Bill Luster noted that they have not yet received a response from DEP regarding the findings of a surprise site visit that was held at Salem Oil and Grease. John Giordano of Salem Oil and Grease noted that he did some investigating with DEP and they have no record of a site visit, Beth Debski stated that she found a record of one complaint to the Salem Fire Department that was investigated by the Civil Defense Director and she gave a copy of the report to the Board. It was also noted that the City Engineer has approved the plans. Bill Luster stated that unless any further information is needed, or if the Board wanted to wait for a reply from DEP, he recommended closing the Public Hearing at this time. Motion made by Kosta Prentakis to close the Public Hearing, • seconded by John Moustakis, and approved unanimously. 6 The Planning Department will review the matter and a • decision will be given at the next meeting. DISCUSSION OF PRELIMINARY CLUSTER SUBDIVISION-MARLBOROUGH ROAD MR. JOSEPH FURNARI Mr. Joseph Carter representing Joseph Furnari addressed the Board to discuss the preliminary plans for a cluster subdivision off Marlborough Road . He noted that they plan for 17 lots with one entry off Marlborough Road, City Planner Bill Luster explained that the City of Salem Zoning Ordinance allows for the submittal of a Form B application to the Planning Board for preliminary review prior to the submittal of a Form C Definitive Subdivision Plan. He also noted that this allows the Planning Board the opportunity to look at the plan and make suggestions to the applicant before the final plan is submitted . He also noted that this process allows an opportunity which lessens the amount of land used and dedicates more land to open space, Bill Luster also noted that 17 lots seems aggressive and the number of lots needs to be evaluated . Carter Vinson asked where the site was located in relation to the superfund site on Marlborough Road. Mr. Carter • stated that it was located far away from that site. Mr. Carter also noted that the project is about 50% open space with less than half an acre of wetland there. He noted that they will be working with the Conservation Commission on that portion. Walter Power noted that the area around Marlborough Road is being more thoroughly developed and the city needs to determine what improvements need to be made to the road sue to its nature as a traffic corridor, and to work with the developers to get the necessary improvements. Kosta Prentakis asked to have the homeowners association explained . Mr . Carter stated that the owner would own theland and their home and would pay a fee for the upkeep of the common areas. Carter Vinson asked what the targeted market would be for the development. Mr. Carter stated that they would probably be $180,000.00 homes, with two or three bedrooms, so he would expect that families would live there . Bill Luster stated that they would discuss the plan and analyze it and give more direction to the applicant in terms of filing a Form C. • 7 There being no further business to come before the Planning • Board at this meeting, a motion was made by John Moustakis to adjourn the meeting, seconded by David Hart and approved unanimously. The meeting was adjourned at 11 : 00 p.m. RESPECTFULLY SUBMITTED BY: EILEEN M. SACCO, CLERK PB012094 APPROVED AS AMENDED BY THE SALEM PLANNING BOARD APRIL 21 , 1994 • • MINUTES OF EXECUTIVE SESSION SALEM PLANNING BOARD THURSDAY, JANUARY 20, 1994 The Salem Planning Board held an Executive Session at their meeting on Thursday, January 20, 1994, for the purpose of discussing strategy for potential litigation with regards to the GTE Landfill site. Those present were: Chairman Walter Power, John Moustakis, David Hart, Debbie Hilbert, Chuck Puleo, Kosta Prentakis, Carter Vinson, City Planner William Luster, Assistant City Planner Beth Debski, City Solicitor Robert Ledoux, Attorney Cynthia Barnett, Jane Kosinski , and Eileen Sacco. Walter Power noted that the Board has until February 16, 1994 in which to issue a decision on the Wetlands Flood Hazard Special Permit for the GTE / Sylvania application. City Solicitor Robert Ledoux suggested that the Board should pose choices to GTE regarding the decision, by telling them that they should response to the comments made by Atty. Barnett within a week, noting that if the Board approved something that they cannot easily fulfill, they could not fight it as easily as an outright denial of the plan, and it might give them some • incentive to work with the Board. Walter Power expressed his concern that they could find that the material is not hazardous . Cynthia Barnett stated that they need to satisfy the Planning Board that it is not hazardous. Cynthia Barnett also stated that the Board cannot go head to head on the DEP issues, but she feels that the Board has good grounds with the local rights aspect of the case. David Hart noted that he is concerned about the potential environmental time bomb, stating that he still would like a written guarantee on the material for the cap, since it will be there forever. Bill Luster asked if the Board should be careful in mandating that they have all of their permits with the Wetlands Flood Hazard Special Permit because nothing says they have to have all of their permits to get it. Atty. Barnett stated that she is comfortable with that because the permits relate to the work to be performed. Carter Vinson suggested that it could be conditioned that if they dig it up and it is hazardous , then it has to be removed from the site. Cynthia Barnett stated that they could take • the western landfill off site and get all of their permits required for the project. She also noted that if it is hazardous 8 • and they need to deal with it then it becomes a Board of Health issue. Bob Ledoux cautioned the Board that if the decision of the Board is considered to be arbitrary and capricious it would put the City at risk, and that if the Board has the opportunity to sit down and resolve this they should do it. Cynthia Barnett agreed noting that there is nothing here that is frivolous in terms of what is required according to the law. Walter Power suggested that the Planning Board should ask for an extension of time through the City Solicitor, for further discussion on the matter. Carter Vinson stated that if the decision is based on the records as they exist, they would be dealing in bad faith if they did not give the Board the opportunity to review it and work out a solution. Bill Luster noted that they have gone to other Boards and agencies and gotten approval, and he is concerned about the fact that they could go to a fudge with all approvals in hand except for the Planning Board. David Hart suggested that the Board give them the opportunity to respond to Cynthia Barnetts findings, by giving them a week • to review them and request an extension of time to sit down and work it out. Those present agreed that would be the way to go. Walter Power will inform the representatives present at the meeting, when the Board reconvenes to open session and see what happens. Motion made by Carter Vinson to reconvene to open session, seconded by John Moustakis and approved unanimously. The Board reconvened to open session and 9 : 30 P.M. RESPECTFULLY SUBMITTED BY; EILEEN M. SACCO, CLERK SALEM PLANNING BOARD • 9 SALEM PLANNING BOARD MINUTES OF MEETING THURSDAY, JANUARY 13, 1994 A Special Meeting of the Salem Planning Board was held on Thursday, January 13, 1994 , at 7 :00 P.M. , for the purpose of Continuing the Public Hearing for the proposed Stop & Shop on Boston and Howley Streets. Those present were: Chairman Walter Power, Linda Vaughan, David Hart, John Moustakis, Debbie Hilbert, Kosta Prentakis, and Chuck Puleo. Also present were City Planner William Luster, and Eileen Sacco, Clerk. Assistant City Planner Beth Debski was at the Salem Police Station, preparing for the meeting. Chairman Walter Power called the meeting to order at 7 :00 P.M. in the side conference room at One Salem Green, second floor. A motion was made by John Moustakis to adjourn the meeting to the Salem Police Station, for the continuation of the Pubic Hearing for Stop and Shop, seconded by Chuck Puleo and approved unanimously. The Planning Board reconvened at 7: 30 P.M. in the auditorium of the Salem Police Station, 95 Margin Street, Salem. aThese proceedings were video taped by the Attorney William DiMento, representing the opponents of Stop & Shop. Chairman Walter Power addressed those present and noted that the Planning Board would not be closing the Public Hearing this evening and that they would be listening to the presentation this evening and would ask questions, and listen to public comment on the matter. Atty. John R. Serafini Sr. addressed the Board and stated that the proposed site for the 63, 000 s. f. Stop & Shop is familiar to most people, and noted that the site was the scene of a severe fire many years ago and the site needs improvement. He also stated that Stop & Shop have done studies that show that a supermarket would serve the area well . Atty. Serafini stated that they have the testimony of experts who have looked at the site to provide factual information regarding the project, and the consideration of the PUD application to the Planning Board. He asked that the Planning Board consider the factual evidence presented and not make a decision based on statements made about the proposal . He introduced Mr. Robert Vaness of Vaness Associates to present the traffic plan for the project. He also gave a list of Mr. NVaness ' qualifications as a traffic engineer. 1 Mr. Vaness addressed the Board and stated that they have been hired by Stop and Shop to define the traffic impacts for the proposed Stop and Shop Store on Boston and Howley Streets. He stated that they have measured the traffic there and have added data to the report as recently as December 1993 and January 1994 . He noted that there are 16 or 17 intersections which are being studied for this project. He reported that they counted between 23 , 000 and 26, 000 cars per day travel on Boston Street, a little under 10, 000 cars per day travel on Walnut Street, and 6, 000 cars per day travel on Harmony Grove Road, and 5, 000 cars per day travel on Howley Street. Mr. Vaness explained that they are governed by the State when projecting traffic to provide a margin of safety. He explained that the method used involves generation rates, and only allows an impulse factor of 258 meaning that 3 out of 4 cars are new. He noted that they recommend widening Howley Street to three lanes and installing a traffic light at Main Street and Boston Street, that would be set to coincide with the existing lights on the street. He also noted that the traffic light would make it easier to get out of the side streets off of Boston Street. Mr. Vaness stated that they are not proposing four lanes on Boston Street, as requested by the neighborhood, who in the past have expressed opposition to that happening. Mr. Vaness also noted that if in the future the traffic is rerouted from route 114 , the state would have to take measures to correct the traffic. Mr. Vaness stated that the proposed project could successfully accommodate the vehicles generated. David Hart asked Mr. Vaness how many vehicle trips per day are estimated in and out of the site, including employees. Mr. Vaness explained that 4700 vehicles or 9400 trips per day including trucks, are figured based on the state regulations . David Hart asked how many parking spaces would be on site. Mr. Vaness stated that there are 363 parking spaces on site. David Hart asked how many truck trips are estimated per day. Mr. Vaness stated that there would be 35-40 large trailer trucks per week. Chuck Puleo asked what the impact would be on Harmony Grove Road and Howley Street. Mr. Vaness state that they propose to widen Howley Street for a left turn lane and a right turn lane. He also stated that they would be restriping Main Street. Chuck Puleo asked if there would be any changes made on Main Street coming from Peabody Square. Mr. Vaness stated that they were told to leave the configuration of Peabody Square as it is. 2 Kosta Prentakis stated that the application for a PUD has three different uses, and so far the Board has only heard about the impact of the Stop & Shop portion of the site, and not the other planned uses of the site. He also stated that he is not satisfied with what the impact on the entry ways would be. Walter Power asked if they measured what the ultimate traffic capacity would be. Mr. Vaness stated that they studied the level of service on Friday and Saturday peak times. Walter Power asked if they plan to upgrade the sidewalks in the neighborhoods. Mr. Vaness stated that they plan a pedestrian cross walk and the traffic signal at Main and Howley Streets. Mr. Vaness stated that there would be sidewalks all along Howley Street, and that crossing would probably be metered for every third cycle on the traffic signal. He also noted that they project that neighborhood walking traffic would be about 4 or 5 percent. Walter Power noted that Boston Street is a main artery and asked what the pedestrian cross walk would do to the existing traffic there. Mr. Vaness stated that 15-20 seconds out of every 270 seconds would be allowed for crossing. He also noted that they were told that anything they could proposed to temper speeds in that area would be helpful. Walter Power stated that he • would like to see more information concerning pedestrian traffic. He also asked if they considered a pedestrian overpass, and noted that he felt that delays at the intersection might be more than they expect. Mr. Vaness stated that they do have pedestrian traffic to consider, but noted that overhead pedestrian crossings are used in areas such as Route 9 in Framingham where 55, 000 cars per day travel . David Hart asked Mr. Vaness explain how the figure of 4700 cars per day travelling into the site was determined. Mr. Vaness explained that the numbers were arrived at by using the formula given by the state. He also noted that they have actual figures from counting at other Stop & Shop Superstores. Bill Luster asked if they considered the proposed bypass road being built in conjunction with the Salem/Beverly Bridge. Mr. Vaness stated that the existing intersection of Boston and Bridge Street was considered. Bill Luster stated that they need to consider what the state is proposing. Walter Power opened the Public Hearing up to comment from those present. Russell Thatcher of 12 Grove Street, Salem addressed the Board and stated that he is concerned about the traffic that cannot be handled now. He noted that he felt that residents of Ryal Side in Beverly would come through North Salem to this store 3 rather than go to North Beverly where there is another Stop & Shop. He stressed that the traffic is intolerable now and the neighborhood does not need something else that would add traffic. Donald Bates of 1 Oak Street, Salem addressed the Board and stated that he felt that the Board should not even be listening to the traffic study, they should be determining if the plan is a viable PUD. Walter Power addressed Mr. Bates and noted that the City Solicitor has ruled that the application is a PUD, and that the Planning Board is hearing all of the information submitted an will consider the plan based on the information submitted. City Planner William Luster explained that the question posed to the City Solicitor was should the PUD application be accepted by the City of Salem for consideration. He noted that the reply from City Solicitor Robert Ledoux was that the PUD should be considered by the Planning Board. He noted that now the Planning Board is reviewing the application and will render a decision based on the information presented. Scott McLaughlin of 19 Highland Street, Salem, addressed the Board and stated that he understood that the application for a PUD should be of significant benefit to the City of Salem, and he does not feel that is the case. • Don Bates addressed the Board again and stated that he felt that by considering this application the Board is opening Pandoras Box and he is opposed to the application. Ward Four Councillor Leonard O'Leary addressed the Board and stated that the City Council voted in December, unanimously to send a letter to the Board requesting that the application not be considered as a PUD. He urged the Board to deny the application. Michael Averill of 28 Grove Street, Salem, addressed the Board and stated that he is concerned that the traffic will increase on Grove Street, and they have not addressed that issue in the presentation. Ray Stoey of Peabody addressed the Board and stated that he lives three blocks from the site and stated that he would not shop there because their prices are too high. He noted that the Stop & Shop in Swampscott is not in a residential neighborhood. He also expressed concern that the corner of Grove Street and Harmony Grove Road is the worst corner. He also expressed concern that they are not allowing enough time for pedestrian crossing at the lights on Boston and Howley streets. He also questioned what would happen if the store fails . A representative of Stop & Shop stated that they have 40 never given up on a store and would not do so here. 4 Joe Vanloon of 155 Boston Street addressed the Board and stated 1 that the traffic consultant is being well paid by Stop & Shop to give the information needed and stated that he is concerned that the public safety would be impacted due to the increased traffic, noting that he felt that they would not have proper police protection. He also berated the Planning Board for allowing the Atty. for Stop and Shop to run the meeting. Board member John Moustakis expressed his outrage at that charge. Pat Murphy of Mt. Vernon Street in Peabody, expressed her concern that the lights on Boston Street to Peabody square cause problems now. She stated that what is out there now does not work as it should, and they need to make sure the lights are in sync. Mr. Vaness stated that the lights are not working correctly and that technical people need to re-time the lights. He also noted that the lights would make it easier to get out of Aborn Street. Sheila Billings of 8 Ober Street, addressed the Board and stated that she felt that the baby carriage issue was brushed over. She stated that she felt that a Super Stop & Shop is not compatible with the neighborhood. She stated that while the tax base would be increased it would affect the value of their homes . She noted that she cannot imagine how the City of Salem could consider allowing this in a residential neighborhood. • Natalie Ross of 20 Beaver Street, Salem, addressed the Board and stated that her street is now used as a cut through from Boston Street traffic. She stated that she is afraid that the kids in the neighborhood would be in jeopardy. She also stated that this project will increase traffic to Highland Avenue and noted that they do not need another supermarket. Steve Kantaris of Peabody addressed the Board and stated that he is concerned about the traffic from Peabody Square to Salem. He also stated that he did not think that the estimate of 30 trucks per week is not accurate. He stated that 40-50 trucks per week would be more correct, or even 20-25 trucks per day when you figure bread, milk, laundry etc. Maureen Kiley of 15 Bow Street, Salem, addressed the Board and read a prepared statement taking the Planning Board to task for considering the plan, and detailing the concerns of the neighbors . Councillor At Large William Burns of Salem addressed the Board and stated that he was outraged that Stop & Shop was running the meeting and expressed concern about the problems in the neighborhood. Barbara Arvantides of 28 Bow Street, Salem addressed the Board and stated that there is a nine car wait at the lights on Boston street. She stated that she felt that this project would be 5 a disaster. James Moutsoulas, Ward Three Councillor in Peabody addressed the Board and stated that he is concerned about the quality of life of the neighbors in the area. He recalled a serious traffic accident earlier in the week on Route 114 and stated that he would like to prevent this from happening in that neighborhood. Scott McLaughlin of 19 Highland Street, Salem addressed the Board again and stated that he has not heard any information as to why this project is good for Salem. Linda Vaughan addressed the question noting that the Planning Board needs to listen to all of the information presented and then decide if the project is good for Salem. She also noted that she took offense to the statements made by Maureen Kiley shaming the Planning Board for considering the project . She noted that they are there to listen to both sides of the project, and that the Board has not made any decision. Atty. William DiMento of 990 Paradise Road, Swampscott, representing the opponents, addressed the Board and charged that the City Planner ran Walmart out of Town, and read the requirements of a PUD from the City of Salem Zoning Ordinance. • Joan Sweeney of 22 Silver Street, addressed the Board and noted that often the North River over flows and she also has concerns about the impact of traffic. John Fifield of 43 Chestnut Street, Salem, addressed the Board and stated that he felt that while there may be a compelling argument that the project is good for Salem, he noted that the traffic would be a problem. He noted that there needs to be a balance met somewhere. Franklin Ching, a traffic engineer hired by the Ward 4 & 6 Neighborhood Association addressed the Board and stated that additional information is needed. He stated that they have no level of service calculations and questioned the traffic counts. He requested a review of the traffic study and the impacts on the project. Walter Power stated that he would like the developer to make funds available to the City of Salem for an independent traffic study. He noted that there are several different sets of numbers being presented from all parties and he would like to verify the numbers . Councillor At Large Jane Stirgwolt addressed the Board and stated that she is uncomfortable with the plan as proposed as a PUD. She noted that while she has great respect for the City Solicitor she does not believe this is a viable PUD. She also expressed concern that the people are not schooled on the PUD process. N She also expressed concern that the city would be responsible to find the money to make traffic improvements as the result 6 of this project. She stated that they should be going through the appropriate channels such as the Board of Appeals or the City Council for this project, and that the city would be setting a dangerous precedent by allowing this to be a PUD. Councillor Stirgwolt also noted that the question needs to be considered as to whether the creation of jobs from this Stop & Shop would eliminate other jobs . She noted that it is her responsibility as an elected official to see how this will impact the city. She also noted that the City needs to revise its master plan and that this project has not been planned for. She urged the Planning Board to deny the application. Teresa Saffer of 19 Aborn Street, Salem, addressed the Board and stated that she is concerned about the cut through traffic that already exists on her street and the additional traffic that would be created by this project. Mark Mahoney of North Street, Salem, addressed the Board and stated that he moved here from Greenfield and has seen that the traffic is horrendous. He suggested that the project should be a ballot question and let the people decide if they want it or not. Barbara Henry of 8 Mt. Vernon St. , Peabody addressed the Board and stated that she felt that the project is overwhelming for the neighborhood and does not see how it would be good for the • neighborhood. Sally Hayes, Ward Six Councillor in Salem, addressed the Board and noted that she feels that the Planning Board does an excellent job and will do what is best for the city. She also expressed concern that they have not addressed Harmony Grove Road and Mason Street in the proposal . She also noted that the traffic on Tremont Street and Grove street will be affected, as well as increased cut through traffic on Philips and Irving Streets . She also noted that the city cannot afford to pay for the traffic improvements that would be needed as a result of this project. Debbie Hilbert addressed the Board and stated that she agreed with Councillor Stirgwolt ' s comments and she is uncomfortable with the this project being considered as a PUD. She stated that the Board should deny this as a PUD and end the public hearing. David Hart noted that while he understood Debbie ' s feelings he was concerned about the liability of voting down the PUD in the middle of the Public Hearing. Walter Power agreed noting that he felt that the Board should continue the Public Hearing to February 3, 1994 ,and consider all of the information presented before deciding the issue. 7 John Moustakis agreed noting that he would like to hear all of the information presented before making a decision. Debbie Hilbert made a motion to deny the application as a PUD, seconded by Linda Vaughan and denied 4-3 with Walter Power, David Hart, John Moustakis and Chuck Puleo voting against the motion and Debbie Hilbert, Linda Vaughan and Kosta Prentakis voting in favor of the motion. David Hart noted that he was concerned about the ramifications of what denying the PUD before the end of the Public Hearing would trigger. Bill Luster noted that the Board should have all of the information on the table before making a decision. He also cautioned that the action could result in a court action that could possible approve the project with no input from the city. Linda Vaughan noted that the applicant would have another way to go if the Planning Board denied the PUD application by going to the Board of Appeal or the City Council . Kosta Prentakis noted that he is still concerned that the PUD involves Stop & Shop, Jeffers Lumber and a Multi Family residential unit, and the Board has only heard about the Stop & Shop portion of the project. He stated that he wants to consider all phases of the PUD. Walter Power again stated that the Board should hear all of the information and consider the project on its merits before making a decision. Debbie Hilbert again expressed her concern that this is not a good use of the PUD process. Walter Power stated that while he is mindfull of Debbie ' s concerns he wants to finish the public hearing process and condsider the matter accordingly. Bill Luster noted that if the Board turns down the application as a bad use of the PUD process, the reasons need to be well defined or it could create serious problems . Walter Power suggested that the Board should consider the issues and list them, and urged the members to study the ordinance and present the issues so that the Board may deliberate on them at the next meeting. There being no further discussion on this matter at this time a motion was made by John Moustakis to continue the Public Hearing to February 3 , 1994, seconded by David Hart and approved unanimously. 8 There being no further business to come before the Board at this meeting, a motion was made by John Moustakis to adjourn the meeting, seconded by Linda Vaughan and approved unanimously. The meeting was adjourned at 11 :15 P.M. RESPECTFULLY SUBMITTED BY: EILEEN M. SACCO, CLERK PB011394 APPROVED APRIL 21 , 1994 9 SALEM PLANNING BOARD MINUTES OF MEETING THURSDAY, JANUARY 6, 1994 A regular meeting of the Salem Planning Board was held on Thursday, January 6, 1994 at 7: 30 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Walter Power, Linda Vaughan, David Hart, Debbie Hilbert, Kosta Prentakis, and Chuck Puleo. Also present were Assistant City Planner Beth Debski , Staff Advisor Debbie Hurlburt, and Eileen Sacco, Clerk. CONTINUATION OF A PUBLIC HEARING - PUD FOR STOP & SHOP SUPERMARKET COMPANY - ATTY. JOHN SERAFINI SR . Beth Debski read a letter from Atty. John Serafini Sr. on behalf of his client Stop & Shop Supermarket Company requesting a continuation of the Public Hearing until Thursday, January 13 , 1994. Beth noted that all members of the Planning Board should come to One Salem Green to open the meeting, and then reconvene at 7 : 30 p.m. at the Salem Police Station for the Public Hearing, in order to accommodate the large crowd expected . • Ward Four Councillor Leonard O 'Leary addressed the Board and noted that January 13 , 1994 is a regular Council Meeting and that many of the Councillors wish to attend the Public Hearing. He asked if it would be possible to hold the meeting on another evening. WAlter Power noted that the matter had been discussed by the members and that January 13 was the only night that the Board could get together this month for the meeting. Beth Debski noted that Atty. DiMento has requested permission to video tape the Public Hearing and that under the Open Meeting Law, video taping is allowed, unless it interferes with the proceedings. Motion made by Debbie Hilbert to Continue the Public Hearing to Thursday, January 13 , 1994 , seconded by David Hart and approved unanimously. FORM A - STOP & SHOP SUPERMARKET COMPANY - ATTORNEY JOSEPH CORRENTI Atty. Joseph Correnti of Serafini , Serafini , and Darling, addressed the Board on behalf of his client Stop & Shop Supermarket Company, to request approval of a Form A for the conveyance of 10,466 s. f. from the Guilford Transportation Company, to Stop & Shop Supermarket Company, to be combined with a parcel presently being discussed by the Board for a .PUD. Atty. Correnti explained the plan to the Board , and noted that the lot is not a buildable lot and could be combined with the proposed lot for the Stop & Shop. z • Debbie Hilbert questioned the odd size of the parcel . Atty. Correnti explained the history of the rail road operation and noted that it was typical of the rail road to have a jogged out parcel of land for storage areas . Debbie Hilbert asked if Stop & Shop owned the parcel that it proposes to build on. Atty. Correnti stated that it is his understanding that the land is under agreement, with contingencies . Debbie Hilbert questioned how they could get this conveyance approved if Stop & Shop does not own the property. Atty. Correnti stated that if the plans do not go through, Guilford Transportation would own two lots. David Hart questioned the easements noted on the plan. Atty. Correnti stated that the easements were for purposes of drainage that will be spelled out in the documents for the project. Motion made by Linda Vaughan to approve the Form A for the Stop & Shop Supermarket Company, seconded by Debbie Hilbert and approved unanimously. FORM A - TRADERS WAY AND FIRST STREET - ATTY. JOHN R. SERAFINI SR. • Atty. John Serafini Sr. addressed the Board to request approval of a Form A for the separation of parcel B from parcel A, which is being acquired by Fafard Companies from Highland Realty Trust. He noted that there is adequate frontage and the area is zoned industrial, and fronts on an approved public way. Motion made by David Hart to approve the Form A for First Street and Traders Way, seconded by Chuck Puleo and approved 5-0 with Kosta Prentakis abstaining. FORM A - WHALERS LANE - ATTORNEY JOHN R, SERAFINI SR. Atty. John Serafini Sr. addressed the Board and requested approval of a Form A for the conveyance of the property from Highland Realty Trust to the Fafard Companies . He noted that the lots have adequate frontage of 688 . 63 s. f. and is located on an approved public way. He also noted that it would be used for Phase III of the building that Fafard has been doing for the last few years. He also noted that they should be coming in with the plans for that in 30 days. Walter Power questioned why a Form A is required if it is already a lot. Atty. Serafini stated that there was a • problem with the title and the title searchers required a Form A. 3 • Motion made by David Hart to approve the Form A for Traders Way, seconded by Chuck Puleo and approved 5-0 with Kosta Prentakis abstaining. David Hart asked what kind of submissions would be made to the Board for the review of Phase III and IV. Beth Debski explained that four phases were approved with the original approval of the PUD, with the condition that each phase go through Site PLan Review. SPECIFIC AND MATERIAL CHANGE - 7 CLARK STREET - ATTY MATTHEW KAVANAUGH Atty. Matthew Kavanaugh addressed the Board on behalf of his client Mr. Paul Ferragamo to request approval of a specific and material change to the plans that were denied by the Board of Appeal on June 7, 1992 . He explained that Mr. Ferragamo applied for a variance form the zoning ordinance relative to lot size and lot width for property located at 7 Clark Street, He also explained that they have changed the plan and now propose to reconfigure the lot from 5,000 s. f. to 11 ,400 s.f. He also noted that the changes are the result of the Board of Appeal indication that the lots should be larger. Tricia Rutkowski of Clark Street stated that she is upset • that the 2 lots that were 5,000 s.f. were split instead of keeping it 15,000 s. f . , and accused Mr. Ferragamo of being greedy with them. Walter Power explained that all the Board was doing was determining that a specific and material change has been made, to allow the applicant to go back to the Board of Appeal with the plan. Motion made by Debbie Hilbert to approve the Specific and Material Change for 7 Clark Street, seconded by David Hart and approved unanimously. PRELIMINARY CLUSTER SUBDIVISION - MARLBOROUGH ROAD - JOSEPH FURNARI Beth Debski informed the Board that this discussion is postponed until January 20, 1994 because the Engineer for the project Joseph Carter was unable to attend this evening, . Walter Power expressed his concern that Marlborough Road is becoming more developed, and stated that he would like the Planning Department to see what is needed to address the problems of the road and determine what could be included as development takes place along the road , and what improvements could be included in this subdivision. • 4 • OLD / NEW BUSINESS Beth Debski reported that Cynthia Barnett has prepared a memo on the GTE project and City Solicitor Bob LeDoux is reviewing it. She also noted that she will be attending a Public Hearing on January 20, 1994 for the Chapter 91 License, representing the Board , and she will be attending the January 20, 1994 meeting of the Board to discuss the GTE Wetlands Special Permit. There being no further business to come before the Planning Board at this meeting, a motion was made by Debbie Hilbert to adjourn the meeting, seconded by Chuck Puleo and approved unanimously. The meeting was adjourned at 9: 15 p.m. RESPECTFULLY SUBMITTED BY: EILEEN M. SACCO, CLERK PBO10694 APPROVED AS AMENDED BY THE SALEM PLANNING BOARD APRIL 21 , 1994 • h651 _