1995-PLANNING BOARD SALEM PLANNING BOARD
MINUTES OF MEETING
THURSDAY, NOVEMBER 16, 1995
A regular meeting of the Salem Planning Board was held on Thursday,
November 16, 1995 at 7:30 p.m. in the second floor conference room at One
Salem Green.
Those present were: Chairman Walter Power, Carter Vinson, John
Moustakis, Bill Cullen, Gene Collins, Chuck Puleo, and Lee Harrington.
Also present were Assistant City Planner Beth Debski, and Eileen Sacco,
Clerk.
P1IBLIC HEARING - WAIVER FROM FRONTAGE - 29 - 29 1/2 GREEN
STREET
Atty. George Atkins addressed the Planning Board on behalf of his clients
Frederick J. Atkins and Patricia - Connelly Atkins and explained that his
• clients are seeking to allow the parcel located at 29 - 29 1/2 Green Street, on
which two residential buildings are located on one lot, to be subdivided into
two lots, in order to transfer each building to separate ownership. He noted
that one building was moved to the lot in 1962,just 2 months prior to the
subdivision control law.
Walter Power asked if a right of way would be granted for the properties.
Atty. Atkins stated that there would be no need for one under these
circumstances. He also noted that they received a variance from the Board of
Appeal.
Walter Power opened the hearing up for public comment at this time. There
was no one present who wished to comment on the matter.
There being no further comments or questions, Chairman Power declared the
public hearing closed.
Carter Vinson suggested that in approving this request that the Board note on
• the finding that the waiver would produce 2 lots which would be consistent
with the neighborhood and there are already two dwellings on the lot.
Motion made by Gene Collins to approve the waiver from frontage for 29 -
29 1/2 Green Street, seconded by Bill Cullen and approved unanimously.
WETLANDS FLOOD HAZARD DISTRICT SPECIAL PERMIT - STOP
AND SHOP HOXUEY STREET
Carter Vinson recused himself from discussion of this matter.
Bill Cullen noted that there was not a full Board present for this discussion
and questioned whether the Board should proceed, since in the past it has
been understood that you can not vote on a matter unless you attend all of the
public hearings. Atty.. Joseph Correnti addressed the Board and stated that
they were comfortable going forward this evening.
Atty. Correnti addressed the Board and explained that they are now in the
next phase of the application process for this development, noting that the
Board has already approved a PUD for this project, and they have been to the
Conservation Commission and received an Order of Conditions. He noted
that the Peabody and Salem Orders of Conditions have been appealed to DEP
• and that they are waiting for a superseding order from DEP. He also noted
that the Board of Health voted to recommend approval at their meeting on
November 14, 1995.
Atty. Correnti stated that the MEPA process is under way and they are
preparing the final EIR that will be submitted.
Atty. Correnti stated that they have no new material to present to the Board,
from previous presentations, which were lengthy and all material on the
project was presented.
Walter Power reviewed comments from other city Boards and Commissions.
The Salem Conservation Commission concurs with the project and issued an
Order of Conditions #64-238 on October 14, 1995.
The Salem Building Inspector requires additional information.
The Salem Board of Health issued approval of the project on November 14,
1995.
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Beth Debski reviewed the Order of Conditions issued by the Conservation
Commission. She noted that the Commission spent several meetings
reviewing this project and issued 21 special conditions in addition to the
standard conditions of and O of C.
Chuck Puleo asked if the Conservation Commission reviewed the drainage.
Atty. Correnti noted that the Commission extensively reviewed the drainage,
and City Engineer attended a meeting and reviewed the drainage with the
Commission.
John Moustakis questioned the effects of the flooding that occurs in the area
on the drainage. Charles Katuska addressed the question and explained the
drainage system and how it works.
Walter Power opened-the hearing up for public comment at this time.
Atty. George Richardson 33 Broad Street Boston, addressed the Board and
stated that he was substituting for Atty. William DiMento, who represents
Mr. Lam on this issue. He expressed concern that the Building Inspector
• requires more information on the project and their Environmental Expert Mr.
Talkington was unable to attend this meeting. He requested that the Board
leave the public hearing open, so that the information requested by the
Building Inspector could be reviewed. He also questioned the percolation
data and noted that it is to see that they are in compliance. Atty. Correnti
stated that they are in a buffer zone not a wetland area. He further noted that
the 1977 map shows that they are clearly in a buffer zone of a wetland district
and not a wetland district.
Paul Sommer of Sommer Environmental addressed the Board and noted that
the Conservation Commission accepted the delineation of the wetland
resource area. He also noted that the 21 E study provides the information that
proves these elevations.
Maureen Kiley of 3 Bow Street addressed the Board and expressed her
concern that there have 3 hundred year storms in the past month. She also
noted that during one storm the river breached the bank. She asked the Board
to look at what is there and what happens when it rains heavily. She also
• requested that the Board continue the Public Hearing, so that the members of
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• the Conservation Commission who voted against this project could come and
speak to the Board.
Lee Harrington asked if the last 3 storms were really hundred year storms.
Paul Sommer explained that a hundred year storm is 6 inches of rain in a 24
hour period, as determined by FEMA flood studies. He also noted that in a
hundred year storm the waters over top the bank and would go over the
tracks. Maureen Kiley stated that Mr. Talkington went to the site during a
storm and the river was breached and he said that the water was over the
tracks.
Michael Averill of 28 Grove Street addressed the Board and expressed his
concern that the flooding on the site would be a problem for the neighbors.
Gene Collins asked if the drainage system proposed is adequate to suppress
some of the flooding. Paul Sommer addressed the question and stated that
you can't do anything about the flooding that exists presently, but they can
mitigate it and make sure that they don't make it any worse. He also noted
that they will be providing more storage than is presently there.
• Ward Four Councillor Leonard O'Leary addressed the Board and recalled that
a housing development was proposed for this site and the plans called for
putting the building on stilts because of the flooding problems. He also noted
that the co-applicant Mr. Jeffers was opposed to the project because it was a
wetland. Councillor O'Leary also expressed concern that the paving would
make the situation worse, and stated that we have to protect our wetlands or
we will be in trouble.
Bill Cullen noted that this is a different project and a different kind of
construction.
A resident of 158 Boston Street addressed the Board and stated that you
could look over her fence anytime it rains heavily and the area is flooded.
Charles Katuska addressed the Board and stated that statistically we have
never had a 100 year storm, and recalled that in 1955 there were two
hurricanes back to back which was considered a 100 year storm.
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• Mary Casey of Grove Street addressed Mr. Katuska and asked if you need to
have a 100 year storm more the river to breech the bank. Mr. Katuska stated
that the testimony of the neighbors indicated that you don't have to have a 100
year storm for the river to breech the bank.
Mr. Katuska explained that the amount of the contaminate that would get to
the river from the site would be very small because the parking area will be
swept at least 4 times weekly. He also noted that the water that will be
discharged from the drainage system will be cleaner than the water that is in
the river now including during periods of flooded conditions.
John Moustakis addressed those present and stated that he is very familiar
with the North River, and it is getting cleaner. He also noted that he did not
think what they are proposing would hurt the river any.
Bill Cullen also addressed those present and stated that he also is familiar
with the North River and that if he were Stop & Shop he would be more
concerned with North River flooding onto their property, rather than the
water, that will be going in.
Walter Power asked how many times a year the grease traps would be
cleaned. Mr. Katuska explained that they would be cleaned 4 times a year
and explained the process.
Maureen Kiley addressed the Board and questioned whether the parking area
would be vacuumed or swept and what time that would occur. Atty. Correnti
stated that the Planning Board decision for the PUD is very specific about the
limitations and times for certain activities, including the cleaning of the
parking area.
Joan Sweeney of 22 Silver Street addressed the Board and expressed her
concern about the accuracy of the figures regarding flooding in that area,
noting that there is flooding behind the homes on Silver Street.
Atty. Correnti addressed the Board and noted that the ordinance does not say
that you cannot build in an area that is wet. He noted that the developer must
design the site to fit the area and he believes that they have done that. He
• also noted that the City Engineer has reviewed and approved the drainage for
this project.
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• Councillor O'Leary questioned whether the Board had a letter from the City
Engineer approving the project. Beth Debski read the letter from City
Engineer Charles Quigley.
Mr. Lam addressed the Board and expressed his concern about the flooding
in the area. He requested that someone take a look at the area when it rains.
Maureen Kiley questioned the validity of this application, noting that she felt
that they did not present all of the information required for this application.
He stated that she felt that it was unacceptable for them to rely on information
previously introduced for other applications. Atty. Correnti addressed Ms.
Kileys charge and stated that they have met all of the criteria for this
application and it is a valid application. He asked if the Board wanted them
to re-submit the application.
John Moustakis addressed the issue and stated that this Board has been
hearing this Stop and Shop issue for 2 years and he thinks that it is time to
move on the issue.
• Bill Cullen agreed noting that the Board considers all applications and makes
an effort to make an informed decision on each application.
Motion made by John Moustakis to close the public hearing, seconded by
Gene Collins and approved unanimously.
Walter Power addressed those present and stated that the Planning Board
listens to both sides of the argument, and if the developer is meeting the
criteria set forth by the Planning Board, or if the Board feels that the
developer should do something else to make the project fit they see to it that
it get done, and they have done that on many projects. He also noted that the
impact of the project is heavier on the developer to meet the criteria. Mr.
Power also stated that the Board tries to mitigate as much as possible, and
takes the neighbors concerns into consideration.
Motion made by Gene Collins to approve the Wetlands Flood Hazard District
Special Permit for the Stop & Shop on Howley Street, seconded by Bill
Cullen and approved by vote of 6-0.
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• There being no further business to come before the Planning Board at this
meeting a motion was made to adjourn the meeting by John Moustakis and
seconded by Bill Cullen, and approved unanimously.
The meeting was adjourned at 10:45 p.m.
Respectfully submitted by:
Eileen M. Sacco, Clerk
pbl11695
•
•
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• SALEM PLANNING BOARD
MINUTES OF MEETING
THURSDAY, OCTOBER 19, 1995
A regular meeting of the Salem Planning Board was held on Thursday,
October 16, 1995 at 7:30 p.m. in the second floor conference room at One
Salem Green.
Those present were: Chairman Walter Power, John Moustakis, Bill Cullen,
Gene Collins, Lee Harrington, Chuck Puleo, and Carter Vinson. Also
present were Assistant City Planner Beth Debski and Eileen Sacco, Clerk.
CONTINUATION OF PUBLIC HEARR -FORM C - 1 BROOKS
STREET
Atty. Jack Keilty addressed the Board and noted that the Board held a site
visit and some suggestions were made, and changes have been made to the
plan. He noted that they had originally planned to pave 100 feet and it was
suggested that they only pave 50 feet. He explained that the new plan shows
the 50 foot driveway, and a 25x16 foot turnaround which would extend to
their own property rather than to the city property as previously proposed.
Walter Power noted that he had a letter from Ward Three Councillor John
Donahue expressing that he would be in favor of the project if the pavement
is only extended 50 feet.
Atty. Keilty also stated that they are willing to identify trees that would not
be cut and also add that to the plan.
Carter Vinson suggested that the Planning Departments Landscape Architect
look at the trees and tag them to make sure that there would be little
encroachment to the neighbors.
Gene Collins agreed noting that he was concerned about the location of the
turnaround and is looking for the least amount of encroachment to the
neighbors.
. John Moustakis suggested a fence or some type of landscape screening for
privacy.
Walter Power clarified that the driveway would allow for the parking of the
residential cars and for the turnaround. Atty. Keilty stated that there would
be no parking in the easement area.
Carter Vinson noted that this parcel is a hardship because of the
configuration of the property, and suggested that they Board should grant a
waiver from frontage, since they are lowering the frontage to 50 feet instead
of the 100 feet that is required.
Walter Power questioned Atty. Keilty about the completion of another
project that the applicant did noted that the neighbors are waiting for a fence
to be installed. Beth Debski stated that she was told that the paving would
be completed next week, but a fence was not part of the Planning Board
decision, and was not a condition, so the Board has nothing to do with that.
Atty. Keilty addressed the issue and stated that they brought in three
evergreen trees from Georgetown and planted them on the property line.
. Beth Debski noted that the abutters have not complained to her. John
Moustakis explained that a neighbor had approached him, and that he had an
oral agreement with the developer for a fence. Atty. Keilty noted that the
cost was considerable to bring in the trees and they felt that it would create
privacy.
Walter Power cautioned that the developer should smooth things over with
the neighbors.
Chuck Puleo asked if the drain that connects on the lower end of Hilton
Street was cleaned. Jim McDowell stated that the drain was cleaned and
found to be in working order. Chuck Puleo noted that there was a problem
there around December. Jim McDowell noted that the stone and the swale
were not in place at that time, and since they have been installed there has
been no problem.
Gene Collins expressed concern that they could change the position of the
house on this project. Atty. Keilty stated that they would agree to a condition
that the front door be on Brooks Street. Jim McDowell stated that they might
have to move the house 3 or 4 feet to the west towards Jefferson Avenue to
2
• save some trees, noting that if they save the trees they may not need
additional screening.
Walter Power asked if there were any comment from those present at the
meeting. There was no response.
There being no Rather questions or comments at this time, a motion was
made by Lee Harrington to close the public hearing, seconded by Bill Cullen
and approved unanimously.
The Planning Board reviewed a draft decision for the project.
Walter Power asked if they had been to the Conservation Commission yet.
Beth Debski noted that they will be at the first meeting in November for a
Determination of Applicability, and since the turnaround has been moved, the
project will have little impact.
The Board reviewed the list of requested waivers. They requested that they
• have a 40 foot width rather than 54 feet, and they would pave 26 feet to
match what is the existing road.
They requested a waiver from sidewalks noting that there are no sidewalks
on the street now. They proposed a grass strip of 7 feet rather than 3 feet.
They requested waivers for the overhead utilities and cable, overhead
telephone, general fire alarm requirement, and overhead electric. Atty. Keilty
noted that all of the utilities on the street are over head.
Motion made by Gene Collins to accept the waivers as presented, seconded
by Lee Harrington and approved unanimously.
Carter Vinson suggested that the Board include a finding on the approval of
the project that by permitting the extension of the road only 50 feet, it is
minimizing the encroachment to the residents.
Motion made by Lee Harrington to approve the draft decision for 1Brooks
Street, seconded by Bill Cullen and approved unanimously.
•
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• CONTINUATION OF PUBLIC RIKG - SIIE PLAN REVIEW
SPECIAL P . MIT - NDY'S -I MAYETTE STREET
Atty. Jack Keilty addressed the Board and noted that since the last meeting
they have tried to address the concerns of the Board. He noted that they
hued Tech Environmental to do sound testing in the neighborhood and
introduced Mr. O'Neil to explain the results. Mr. ONeil explained the test
that they did and the locations that they used. He noted that they tested at 8-
10 Peabody Street which is a four story building and again across Lafayette
Street. He stated that they found a 4042 DB residual level.
Chuck Puleo expressed concern about the visual effect the unit would have
on the neighbors who look out at them. Mr. ONeil stated that they could be
screened.
Bill Cullen asked if the units would be ruining all the time. Mr. ONeil stated
that they would not have to run all the time.
• Atty. Keilty suggested that the Board add a condition that would require them
to meet an acceptable level of sound.
Chuck Puleo asked that the parking spaces on Peabody Street be noted on
the plan.
Carter Vinson questioned the average time that it takes to go through the
drive through noting that 9 reserves would back out to Lafayette Street. Mr.
Prentiss stated that the average is 3 1/2 minutes. He also explained that they
did a nation wide survey and found this to be the case. He also explained
that the cars keep moving, once they order food. He also noted that Wendy's
makes every effort to keep the food going so the customers don't back up.
Walter Power stated that his main concern is that there would not be any
back up on Peabody Street. John Moustakis noted that they Wendy's in
Vinnin Square is worse that this location. Mr. Ryan stated that this design is
more than adequate for the location.
There being no further comments or questions regarding this matter at this
• time, a motion was made by Gene Collins to close the public hearing,
seconded by Chuck Puleo and approved unanimously.
4
The Planning Board will vote on a draft decision at the next meeting on
November 2, 1995.
Walter Power asked that they present additional information on the ambiant
noise levels at that meeting.
There being no further business to come before the Board at this time a .
motion was made by Gene Collins to adjourn the meeting, seconded by Bill
Cullen and approved unanimously.
The meeting was adjourned at 9:30 p.m.
Respectfit ly submitted by:
Eileen M. Sacco, Clerk
pb101995
•
5
SALEM PLANNING BOARD
MINUTES OF MEETING
THURSDAY, OCTOBER 5, 1995
A regular meeting of the Salem Planning Board was held on Thursday,
October 5, 1995, 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,
Gene Collins, Bill Cullen, Chuck Puleo, Lee Harrington, and Carter Vinson.
Also present were City Planner William Luster, Assistant City Planner Beth
Debski, and Eileen Sacco, Clerk.
FORM A - 4 ATLANTIC STREET
Beth Debski addressed the Board and stated that the Board approved a
Waiver From Frontage for this property and the 20 day appeal period has
ended so the applicant is before the Board for a Form A. She noted that the
• plan is the same one that was approved for the waiver and no changes have
been made to the plan.
Motion made by David Hart to endorse the Form A for 4 Atlantic Street,
seconded by Carter Vinson and approved unanimously.
LAND COURT CERTIFICATION - 4 DEVERF_.AUX AVENUE - ATTY.
PHILIP DIJRKIN
Atty. Philip Durkin addressed the Board on behalf of Max and Lillian
Talkowsky, of 4 Devereaux Avenue. He explained that they have a
previously approved plan dated 1981, and there have been no changes to that
plan. He noted that they plan to file it in land court, and Planning Board
endorsement is required. He also explained that while he was doing some
estate planning for the Talkowskys, it was found that when the deed was
originally granted to them the description failed to note the meets and bounds
for the property as it was conveyed to them. He noted that they can no claim
the land that they have by adverse possession.
1
• Carter Vinson noted that the plan should have shown a plot with the land
actually owned. Atty. Durkin noted that the Talkowsky's thought that they
did own the property when the plan was approved in 1981.
Motion made by Lee Harrington to approve the Certification for 4 Devereaux
Street. seconded by Bill Cullen and approved unanimously.
SITE PLAN F. W 4P . AI. P .RMTT - MUNICIPAL PARKING
GARAGE - 3 DERBY S R .T
City Planner Bill Luster addressed the Board and explained that the
Municipal Parking garage comes out of a plan that the city calls the South
Harbor Plan. He noted that the plan calls for the replacement of the Congress
Street bridge, the dredging of the South River to the end of the head wall, and
the construction of a small boat marina.
Bill Luster explained that the construction of the garage will make up for the
lost parking spaces due to the reconstruction of Riley Plaza, where 105
spaces were lost. He also explained the history of the property where the
• proposed garage will be built. He noted that the property was owned by the
Southland Corporation and the city had been negotiating various plans with
them for two years which eventually resulted in the city purchasing the lot.
He turned the meeting over to Dan Dyer to explain the plans for the garage.
Dan Dyer of Miller, Dyer and Spears, Architects for the project addressed the
Board and explained that the proposed garage would hold 206 cars on 4
levels including the ground and rooftop levels. He explained that the main
entrance to the garage would be on Congress Street, with another entrance on
Derby Street for short term parking. He explained that it would be a switch
back type of parking structure. He also noted that there would be retail space
on the first floor of the garage.
John Moustakis questioned the garage entrance on Derby Street for short
term parking. Mr. Dyer explained that if there are no space the driver would
have the option of continuing on in the garage or exiting.
Bill Cullen questioned how short term parking would be policed. Bill Luster
noted that it was also a concern of the neighborhood and that there would be
2
• one hour parking on the first floor, and the top floors would be for long tern
parking.
Lee Harrington questioned whether the retail space would be leased. Bill
Luster stated that the city is considering selling the retail space as condos to
the developer. He noted that the city felt that it was critical to that comer to
have the design be like a building and have retail space on that comer.
Walter Power opened the hearing up for public comment at this time. There
was no one present who wished to speak on the matter.
Bill Luster.addressed the Board and stated that he did not anticipate closing
the public hearing at this meeting, and suggested that the hearing be continued
to the next meeting.
Walter Power noted that most garages that he has seen, need to be closed at
some point for repairs, and questioned how the ramps would be constructed.
Mr. Dyer stated that they would be custom pours in place concrete forms
with precast Ts.
• David Hart asked for information in terms of the repairs that were made to the
Liberty Street garage, and this proposed construction. Bill Luster stated that
he would get that information, and noted that he wants to build a maintenance
free facility. He also noted that the Liberty Street garage went unmaintained
for 20 years, and the lack of maintenance resulted in $1.2 million in
renovations. He also noted that since the state is funding most of the project,
they want to bring the "Cadillac" of designs to them, and negotiate from there.
There being no finther questions or comments at this time a motion was made
by Bill Cullen to continue the public hearing to November 2, 1995, seconded
by John Moustakis and approved unanimously.
CONTIMIATION OF PUBLIC RIN T - SITE PLAN REVIEW
SPECIAL PERMIT - WENDY'S - L.AFAYETTE STREET
Jim Ryan of Ryan Engineering addressed the Board on behalf of Wendy's.
He noted that the Board held a site visit to the proposed site and noted that
there were some concerns about traffic. He introduced Doug Prentiss the
3
• traffic engineer for Wendy's who was present at the meeting to address traffic
concerns.
Carter Vinson noted that the Board had concerns about the lighting plan. Mr.
Ryan stated that they have changed the light poles to 25 feet rather than the
taller one proposed and have found that they will have a better overall ground
spread with the lower poles. Carter Vinson also questioned the location of
the handicapped parking spaces. Mr. Prentiss stated that they located the
spaces where they did to minimize conflicts with vehicles while crossing the
parking area.
John Moustakis noted that the plan calls for the removal of some parking
spaces that exist on Peabody Street. Mr. Prentiss stated that they would at
least like to remove the spaces that are 50 feet from the end of the driveway.
John Moustakis stated that he would like to see the spaces remain and that
they only take what they need for the entrance to the property.
Bill Cullen asked if the staff would be parking on the site. Mr. Prentiss stated
that they would be parking on site.
• Walter Power suggested that the small area on the site with 8 spaces be
designated for employee parking. Mr. Hague of Wendy's stated that he had
no problem letting employees park in that area, but that he did not want to
designated the area with signage in case they did not need all 8 spaces for
employees.
David Hart addressed Mr. Prentiss and expressed his concern that the casual
traveller in the Northbound lane of Lafayette Street would not have enough
time to proceed down Peabody Street. He noted that this could be a safety
hazard. Mr. Prentiss replied that they are building out to the front of the
property and that they would put a sign at the end of Peabody Street that
would identify the Wendy's entrance. David Hart asked if there were any
other sites where the traffic enters off a city street. Mr. Prentiss noted that
the store on route one in Peabody does and the route 133 store in Tewksbury
does as well.
Walter Power stated that he felt that there should be some sort of sidewalk
• delineation, noting that he sees problems for pedestrians as cars exit onto
Lafayette Street. Mr. Prentiss stated that they could address that with signage
4
• that says "watch for pedestrians at crosswalk." Bill Cullen suggested that the
exit sign could also warn pedestrians. Lee Harrington suggested that they
could install a speed bump. Mr. Prentiss stated that they have liability
problems with speed bumps.
Carter Vinson questioned whether left and right turns would be allowed from
the exit on Lafayette Street. Mr. Prentiss stated that Lafayette Street is 50
feet from curb to curb and that 36 feet is enough room for a car to make the
turn and still allow the cars to pass. He noted that in peak periods traffic may
back up but visibility and mobility are both good. John Moustakis noted that
he sees a problem with the right onto Lafayette Street if people are trying to
cross over to the left. Mr. Prentiss stated that 400 feet is enough distance to
make the turn.
Walter Power noted that this project will result in a significant increase in the
traffic on Peabody Street, and asked if they have looked at the paving that is
on that street. Mr. Ryan stated that they estimate about 3,000 cars per day
travel on Peabody Street, and that the paving that is there now is adequate.
He also noted that the plans call for new sidewalks all around the property
• and that what they are proposing will be a significant improvement to the
neighborhood. Walter Power asked that the Planning Department review the
condition of the pavement on Peabody Street and report to the Board at the
next meeting. He noted that site development is expected in a project of this
size, but that the Planning Board historically looks for neighborhood
improvements as well.
David Hart asked if they have provided the information requested on the
HVAC units. Mr. Hague reported that they plan to have 2 / 12.5 ton units
and that the test level of the noise was 92 decibels. David Hart noted that he
was looking for information on the db level at the closest residence, and
requested that they have that information for the next meeting. Mr. Hague
will research that issue for the next meeting. David Hart stated that he would
also like the hours of operations of the units as well.
Mr. Hague addressed the Board regarding the dumpster area. He stated that
they were unable to get a firm answer from the zoning officer regarding the
height of the fence. He showed the members pictures of dumpsters at other
• sites in the area.
5
There being no further questions or comments at this time, a motion was
• made by John Moustakis to continue the Public Hearing to October 19, 1995,
seconded by Bill Cullen and approved unanimously.
PUBLIC RING FORM C - l BROOKS STREET- R TP
SIN T . .TON
Atty. Jack Keilty addressed the Board on behalf of his client Philip Singleton
and presented plans for a Form C - Definitive Subdivision plan for property
located at 1 Brooks Street. He explained that the plans call for an extension
of the roadway which is essentially a paper street. He noted that the plans
show where the pavement ends and that the extension of roadway was
abandoned with this lot. He also noted that they plan to extend the 8 inch
water main to service the next lot, should it be developed, and build a
turnaround. Atty. Keilty also noted that there is no plan to connect to Brook
Street to Jefferson Avenue.
Carter Vinson asked what the square footage of the lots would be. Atty.
Keilty stated that it would be 9;000 s.f. with 100 feet of frontage. He also
• noted that the other lots on the street at 4,500 s.f.
Walter Power asked if they were requesting any waivers. Atty. Keilty stated
that they are not providing a cul-de-sac, but they are extending the width of
the street, and they are not showing sidewalks on either side of the street,
which is the same as what is there now.
Atty. Keilty noted that they need to file with the Conservation Commission
since the construction will come within 100 feet of the buffer zone.
Lee Harrington suggested that the Board have a site visit to the property.
John Moustakis questioned whether the city has approved the use of city
property for the turnaround. Atty. Keilty stated that they have not addressed
that issue yet.
Walter Power read comments from other city Boards and Commissions.
The Fire Department concurs with the plan.
6
Walter Power opened the meeting up to public comment at this time.
• The was no one present at this time but three letters of opposition were
presented to the clerk during the meeting. The were from Councillor John
Donahue, John Kapnis, and Donna Smith and Felix Lariviere.
The Board scheduled a site visit for October 14, 1995 at 9:00 a.m.
Motion made by John Moustakis to continue the public hearing to October
19, 1995, seconded by Bill Cullen and approved unanimously.
It was suggested that this item be fast on the agenda for the October 19, 1995
meeting since the abutters sat through this lengthy meeting, and were unable
to stay to hear this matter.
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 Lee Harrington and approved unanimously.
The meeting was adjourned at 10:25 p.m.
• Respectfully submitted by:
Eileen M. Sacco, Clerk
pb100595
7
' SALEM PLANNING BOARD
MINUTES OF MEETING
THURSDAY, SEPTEMBER 21, 1995
A regular meeting of the Salem Planning Board was held on Thursday,
September 21, 1995 at 7:30 p.m. in the second floor conference room at One
Salem Green.
Those present were: Chuck Puleo, David Hart, Carter Vinson, John
Moustakis, Bill Cullen, Gene Collins, and Lee Harrington. Also present were
City Planner Bill Luster, Assistant City Planner Beth Debski, and Eileen
Sacco, Clerk.
In the absence of Chairman Walter Power, Chuck Puleo assumed the chair.
PUBLIC RIN - S AND FLOOD HAZARD DISTRICT-
SPECIAL PERMIT - 21 PARALLEL STREET
• Bill Manual from Hancock survey addressed the Board and explained their
application for the construction of a single family house, driveway and
municipal utility connections at 21 Parallel Street. He noted that the proposed
work is in the buffer zone and that they have an Order of Conditions from the
Conservation Commission. He also noted that they got a variance from front
yard set back from the Board of Appeal, at the request of the Conservation
Commission so that they would be further away from the resource area. He
noted that they are not in a protectable resource area, but they are in the
buffer zone.
Mr. Manual explained the plans and stated that they envision a raised ranch
with a garage underneath and a family room located on the side. Lee
Harrington asked if the applicant was going to live there. Mr. Manual stated
that they are going to sell the property permitted, and that the new owners
would be doing the building.
Carter Vinson questioned how the special conditions issued by the
Conservation Commission would be passed on to the buyer. Beth Debski
• noted that the Order of Conditions is recorded at the registry and becomes
I
• part of the deed, and the order is given to the buyer.
Chuck Puleo opened the hearing up for public comment at this time.
Robert Gaudrealt of 19 Geneva Street addressed the Board and stated that as
long as it is not a high rise he his in favor of the project. Chuck Puleo noted
that the intent is for a single family house.
Chuck Puleo read the comments from other Boards and Commissions.
The Board of Health concurs with project, with conditions.
The Building Inspector concurs with the project.
The Conservation Commission concurs with project with special conditions.
David Hart asked for clarification of the height of the overpass. It was
explained that the overpass is solid masonry construction and when the house
is built it will be very private. Beth Debski explained that the Conservation
• Commission wanted the house closer to the street to create a larger buffer
zone.
There being no further questions or comments at this time a motion was made
by Lee Harrington to close the public hearing, seconded by Bill Cullen and
approved unanimously.
Motion made by Gene Collins to approve the Wetlands and Flood Hazard
District Special Permit for 21 Parallel Street, seconded by Carter Vinson and
approved unanimously.
MODIFICATION OF PLAN - SW MP COTT ROAD INDUSTRIAL
PARK
Bill Luster addressed the Board and explained that the city has been working
over the past few weeks with the developer to iron out some areas where
there have been cost overruns in an effort to get the project up and running.
He also noted that there is a real estate closing scheduled for this week. He
noted that they are proposing to change the granite curbing on the interior of
the site to bituminous berm. He stated that this is a $40,000.00 item. Bill
2
Luster also noted that this would not be precedential noting that the Maynard
Plastics site has granite. He also noted that this is not a retail site and it will
not be a heavy traffic site. He recommended to accept the amendment for the
bituminous been on the site.
Carter Vinson clarified that the request was for the confines of the lot.
David Hart asked that the roadway into the site and the parcel be reviewed.
Beth Debski explained that the roadway into the site will have granite curbing
and the bituminous berm will be on the interior of the lot.
Carter Vinson suggested that the entrance to the building should be concrete,
adding that it would look nicer if it would not be a deal breaker.
David Hart noted that he is concerned that they are not even under
construction yet and they are already requesting a change.
Chuck Puleo noted that if they enlarge the building they would need to come
back to the Board.
• Carter Vinson stated that they should realize that the Board is not setting
precedent with this decision.
Bill Luster suggested sending the developer a letter from the Planning Board
stating that the approval of this change is singular to this project and should
not be construed to be policy of the Planning Board requirements. He also
suggested that the Board could request an annual maintenance plan.
Motion made by Lee Harrington to approve the modification to the site plan
for the Swampscott Road Industrial Park. Carter Vinson amended the motion
to include the request for an annual maintenance plan, seconded by Gene
Collins and approved unanimously.
ENDORSEMENT OF ?APPROVED SUBDIVISION PLAN - CAI J MET
STREET
Beth Debski presented the approved plans for the subdivision on Calumet
Street for the signatures of the Board members. She noted that the plan has
been reviewed by the Planning Department and everything is in order. .
3
• PUBLIC HEARING - SITE PLAN REVIEW SPECIAL PERMIT-
NDY - 89 LAFAYETTE SIRUT
Bill Luster addressed the Board and explained the history of the area and the
plans that the city has to clean up the South River Area. He noted that
Wendys approached the city, and have been working with the Design Review
Board and the Salem Redevelopment Authority on the proposal. He stated
that the DRB approved the project and the SRA will be voting on it this
week. He stated that they have addressed issues and have made concessions
with regards to signage, and have agreed at some point to have a water front
dining area on the South River side of the property.
Keith Hague an engineer for Wendys and Jim Ryan of Ryan Engineering in
Nahant addressed the Board and explained the project. Mr. Hague explained
that this site will be a company owned store, noting that they now have 60
stores in Massachusetts. He also stated that the store will create between 50-
70 full and part time jobs.
Mr. Hague explained the plans to the Board and noted that the building will
• be a brick facade as opposed to their usual design, as requested by the city.
He also noted that there will be 35 parking spaces on the site, noting that the
city zoning ordinance does not specify how many spaces are required. Bill
Luster explained that the area is zones B5 and there are no parking
requirements.
Mr. Hague also noted that the dumpster would be enclosed with red cedar
and would be located in the back of the building, behind the walk in freezer.
He also noted that they recycle all cardboard waste.
Mr. Hague discussed the traffic flow. He noted that the main point of
entrance would be on Peabody Street, and the exit would be on Lafayette
Street.
David Hart expressed his concern that there is no entrance on Lafayette
Street.
Carter Vinson questioned the removal of parking spaces on Peabody Street.
• Mr. Hague explained that they would be taking the spaces from the comer of
Lafayette Street, down to the entrance on Peabody Street.
4
• David Hart questioned if the site was a hazardous waste site. Mr. Hague
explained that there is a portion of the site that is a DEP site and they are
deleting it. He noted that only parking could be built there.
David Hart asked what the hours of operation would be. Mr. Hague stated
that they would be from 10:00 am - 12:00 p.m.
Carter Vinson questioned the location of the handicapped spaces, noting that
they are in the back of the building and he would like to see them moved to
the front of the building. Mr. Hague noted that they could move them, and
stated that the site would be well lit. He also stated that they located them
where they did so that they would not have to cross the street. He also noted
that there would be no employee parking on the site, they will have to park
elsewhere.
David Hart question the rationale behind having the building so close to the
street. Mr. Hague stated that it was at the request of the DRB.
Chuck Puleo requested to see the elevations of the building in comparison to
• Early Radio and TV.
Chuck Puleo questioned the height of the fence being 6 feet and the height of
the dumpster being 4 feet. Mr. Hague stated that they would plant arborvitae
and the dumpster should not be visible from Peabody Street.
Gene Collins asked if they would give preference to Salem people for the
jobs. Mr. Hague stated that they try to recruit from the neighborhoods where
their stores are located.
Chuck Puleo asked if they would be will to change the size of the fence in the
dumpster area if the Board requested that. Mr. Hague noted that it would
require a variance and Wendy's would prefer to not have to go to the ZBA for
a variance. He stated that this has been a lengthy process and they have made
many concessions in the process. He stated that he would come back with
information regarding the dumpster area at the next meeting.
Chuck Puleo suggested that the Board schedule a site visit. Lee Harrington
suggested that the Board should visit another Wendys site as well. Mr.
Hague suggested the Peabody site on route 1.
5
• David Hart suggested that the traffic engineers should take a look at the
entrance being on Peabody Street. He noted that having the entrance on
Peabody Street could be a safety issue. Bill Cullen stated that he did not see
a problem with it noting that if you are driving north down Lafayette Street it
is only a matter of a few feet, to enter on Peabody Street.
Carter Vinson questioned the lighting plan, noting that it is not very
imaginative and the city has spent a considerable amount of time on the
Derby Street area, and although they have not got to Lafayette Street yet, at
some point they will, and suggested that they look into something that would
be more conforming with the future plans of the city.
David Hart requested that they provide manufacturers information regarding
the DB's of the roof top HVAC units.
Chuck Puleo opened the meeting up for public comment at this time.
Wayne Early of 83-87 Lafayette Street addressed the Board and stated that he
welcomed the project and that it would clean up the area.
• The owner of Brothers Pizza addressed the Board and expressed his concerns
about the addition of another restaurant in the area and the effect that it will
have on the existing businesses. He also stated that he is concerned about
traffic and accidents.
Bruce Philips owner of Lena's Sub Shop addressed the Board and expressed
his concerns about parking that they are losing on Peabody Street. He stated
that they should be compensated for the loss of parking.
Mr. Gaudreault of 19 Geneva Street addressed the Board and stated that he
felt that the plan is deviating from the traffic problem. He also expressed
concern about the loss of parking on Peabody Street and noted that this
addition to the neighborhood will hurt the businesses that are already there.
He suggested that the small businesses that will be hurt should be
compensated, noting that when Dunkin Donuts went to Canal Street it put the
Donut Ring out of business.
6
• Chris Demoulas owner of the Salem House of Pizza addressed the Board and
stated that he sees it as an economical problem, and suggested that they look
for another site out of the downtown area.
Mr. Gaudreault addressed the Board again and questioned whether the whole
South River area would be rehabed or just a portion of it. Beth Debski stated
that the whole South River Area will be rehabed.
Chuck Puleo read comments from other Boards and Commissions regarding
this project.
The Building Inspector concurs with the project with comments.
The Board of Health will take the matter up at its October 10, 1995 meeting.
There being no further comments or questions at this time, a motion was
made by John Moustakis to continue the Public Hearing to October 5, 1995,
seconded by David Hart and approved unanimously.
The Planning Board scheduled a site visit for Monday, October 2, 1995 at
• 8:00 a.m.
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 9:35 p.m.
Respectfully submitted by:
Eileen M. Sacco, Clerk
PB092195
7
�y
• SALEM PLANNING BOARD
MINUTES OF MEETING
THURSDAY, SEPTEMBER 7, 1995
A regular meeting of the Salem Planning Board was held on Thursday, September 7, 1995
at 7:30 p.m. in the second floor conference room at One Salem Green.
Those present were: Chairman Walter Power, David Hart, Chuck Puleo, Gene Collins,
Carter Vinson, Bill Cullen, and Lee Harrington. Also present were Assistant City Planner
Beth Debski, and Eileen Sacco, Clerk. "
FORM A- 13 and 17 HFLIRVIEW AVENUE
Arty. George Atkins addressed the Planning Board and presented a Form A for property
located at 13 and 17 Belleview Avenue, lots 159 and 162 on the assessors map. He
explained the history of the property and noted that there us a retaining wall that runs
down the middle of a paper street. He also noted that they have obtained a release deed
from the City of Salem, which means that the City releases any interest that it might have
on Hilton Street. He noted that there are two parcels behind the Witchcraft Heights
School which the city has no plans for.
Walter Power expressed his concern that the Board would be landlocking those two lots.
• Atty. Atkins stated that he talked with the School Department at length about the property
and they had no problem with the release deed as they have no plans to use the property.
Carter Vinson asked if the two lots were separate interests. Atty. Atkins stated that they
were and they were trying to obtain clear title to both. He also noted that one has been
using a garage and the other a driveway on the property.
There being no further questions or comments at this time a motion was made by David
Hart to approve the Form A for 13 and 17 Belleview Avenue, seconded by Carter Vinson
and approved unanimously.
FORM A- 36 JUNIPER AVINUE AND 20 BEACH AVENUE
Atty. George Atkins addressed the Planning Board and requested approval of a Form A
for 36 Juniper Avenue and 20 Beach Avenue. He explained that the plan corrects an
encroachment over a boundary changing the size of the lots in such a manner as not to
leave the lots without sufficient frontage on a public way. He explained that this does
create a non conforming rear setback for 36 Juniper Ave., and non conforming rear yard
depth and setback for the 20 Beach Avenue property but they have received variances
from the Board of Appeal.
Motion made by Gene Collins to approve the Form A for 36 Juniper Avenue and 20
• Beach Avenue, seconded by Bill Cullen and approved unanimously.
P1 JBLIC HEARING- WAIVER FROM FRONTAGE - 4-6 ATLANTIC STREET -
• ROY AND ELEANOR LAPHAM
Mr. Lapham addressed the Planning Board and explained his plans to subdivide the lots
into two lots. One lot will be 5,250 s.f. and have 52 feet of frontage, and will house an
existing two family house. The other lot will also contain 5,250 s.f. and 52 feet of
frontage and will house a new two family dwelling. He also noted that he has received
variances from the Zoning Board of Appeal.
Carter V"mson asked to see the ZBA decision. He noted that the proposal is in keeping
with the neighborhood.
Motion made by Gene Collins to approve the Waiver from Frontage for 4-6 Atlantic
Street, seconded by Bill Cullen and discussed.
Carter V-inson amended the motion to read, motion to approve the waiver from frontage
for 4-6 Atlantic Street, because the lot size of virtually every property on Atlantic Street is
between 4,500 s.f. and 5,500 s.f. with 50-55 feet of frontage, seconded by Bill Cullen and
approved unanimously.
OLD I NEW BUSINESS
Beth Debski reported that the Bagel Shop on Highland Avenue has not conformed to the
• decision. They have not done the landscaping and she will send a letter to the Building
Inspector asking that they not be issued an Occupancy Permit until they conform to the
decision.
There being no further business to come before the Planning Board at this meeting, a
motion was made by Gene Collins to adjourn the meeting seconded by Lee Harrington and
approved unanimously.
The meeting was adjourned at 8:40 P.M.
Respectfiilly submitted by:
Eileen M. Sacco, Clerk
PB090795
•
2
• Salem Planning Board
Minutes of Meeting
July 6, 1995
The City of Salem Planning Board held its regular meeting on Thursday, July 6, 1995 at 7:30
P.M. in the second floor conference room at One Salem Green. Those members in attendance
included: Walter B. Power, III, Chairman; David Hart; Lee Harrington; John Moustakis; Bill
Cullen; Chuck Puleo; Carter Vinson; Gene Collins. Also in attendance were City Planner
William Luster and Assistant City Planner Beth Debski.
Public Hearing - Waiver from Frontage - 34 Proctor Street
Attorney Steven Lovely appeared before the Board on behalf of his client Norman Michaud who
requested that a waiver from frontage be granted for property located at 34 Proctor Street. Mr.
Lovely told the Board that the Board of Appeal granted variances from lot area and frontage to
allow the construction of a single family home on this property.
John Moustakis asked Mr. Lovely to explain the Board of Appeal condition regarding the
installation of a sump pump. Mr. Lovely explained that the Engineering Department has
• reviewed the existing conditions and the proposed construction and does not feel that there are
any drainage problems. The drainage is proposed to pitch to Proctor Street. Mr. Michaud is
installing the sump pump for a neighbor at the neighbors request.
Mr. Lovely showed the Board a plan of the surrounding properties which showed other similar
sized, small lots in the neighborhood. Carter Vinson expressed his concern with density, noting
that most of the houses in the surrounding neighborhood have greater than 42 feet of frontage.
Attorney Lovely responded that the " neighbors felt that this project would improve property
values".
Chuck Puleo asked why the house was set back 30 feet from Proctor Street. Walter Power noted
that there appears to be ample off-street parking.
Ward 4 City Councillor stated that he was in favor of this project and had followed this project
through the Board of Appeals process and that the neighbors were all in favor.
Sean Michaud, 34 Proctor Street, stated that he turned the two-family home at 34 Proctor Street
into a nice house and that the new construction would help the neighborhood.
Carter Vinson requested that a condition be placed on the waiver from frontage stating that the
new house would be a single-family dwelling.
• Bill Cullen made a motion , seconded by Lee Harrington and approved unanimously by the
• Page 2
PB 7/6/95
Board, to close the public hearing. Bill Cullen made a motion to approve the waiver from
frontage, with the condition that the new house be a single family dwelling. The motion was
seconded by Lee Harrington and approved unanimously by the Planning Board.
Form A - 21 Appleby Road
Attorney Joseph Correnti appeared before the Board for the endorsement of the Form A plan for
21 Appleby Road.. The twenty day appeal period for the waiver from frontage expired and
therefore, endorsement of the plan was appropriate. Carter Vinson made a motion to endorse the
Form A plan, seconded by David Hart and approved unanimously by the Planning Board.
Continuation of Public Hearing- Pep Boys. Highland Avenue
Attorney Joseph Correnti summarized the last meeting at which the Planning Board discussed
Pep Boys. Attorney Correnti also reviewed the Noise Study conducted on behalf of Pep Boys
which concluded that Pep Boys will add no significant noise to the area. Attorney Correnti
stated that Pep Boys has agreed to provide the deceleration lane, as well as traffic signal
improvements and that they would like to see the project go forward tonight.
• Carter Vinson asked if the deceleration lane would be shown on the plan. Attorney Correnti
replied in the affirmative. Chuck Puleo asked if the Noise Study was done with the shop doors
closed. Attorney Correnti stated that the Study was conducted in the worst case scenario, with
the doors opened.
Bill Luster passed out the revised Draft Decision to review with the Board. Condition OE
utilizes the Massachusetts Highway Department language for a no cost taking and states that a
strip of land shall be reserved for future road widenings. David Hart asked that this no build or
parking zone be shown on the plan. Attorney Correnti stated that this would be shown on the
plan.
With regard to blasting; Attorney Correnti stated that Pep Boys will try to stipulate the hours of
blasting to abutters and the duration of the blasting.
Walter Power asked that the ambient noise levels be added to the Noise Level condition.
Lee Harrington asked that deliveries on Sunday morning be restricted.
David Hart made a motion to restrict the hours of operation on Sunday to 10:00 A.M. to 6:00
P.M. The motion was seconded by Carter Vinson. The motion failed by a vote of 2 in favor, 6
• opposed.
• Page 3
PB 7/6/95
Attorney Correnti stated that noise is a non-issue and therefore, Pep Boys would like to be kept
to the City Ordinance, without time restrictions. Attorney Correnti suggested hours of 9:00 A.M.
- 6:00 P.M. for Sunday operation. Walter Power stated that a retail store could be opened during
normal hours.
Carter Vinson made a motion to restrict the operation of the bays to the hours of 10:00 A.M.-
6:00 P.M. on Sundays, seconded by David Hart. The motion failed by a vote of 2 in favor, 6
opposed.
John Moustakis stated that it is not the Planning Boards area to be restricting the hours of
businesses. If Pep Boys is within the limits of the City Ordinance, then Mr. Moustakis does not
believe the Planning Board has the authority to place restrictions on hours of operation.
Carter Vinson made a motion to restrict the hours of operation of the bays on Sundays to 9:00
A.M. -6:00 P.M., seconded by Lee Harrington and approved by a vote of 7 in favor, 1 opposed.
Michael Panneton, an abutter to the project, stated that he was concerned that the Noise Study
was not done at 9:OOA.M.
• A motion was made by Bill Cullen and seconded by Lee Harrington to closed the public hearing.
A motion was then made by Carter Vinson and seconded by Bill Cullen to grant a Site Plan
Review Special Permit and a Wetlands Special Permit, with the conditions as amended. The
Board voted by a vote of 8 in favor, none opposed to grant the Site Plan Review and Wetlands
Special Permits.
Continuation of Public Hearing - Site Plan Review- Osco Drug
Board member John Moustakis recused himself from discussing this project. Bill Luster stated
to the Board that he was recommending the Draft Decision with amendments be voted on by the
Board this evening.
Attorney Correnti stated that he had a concern with condition#13 regarding underground electric
on Proctor Street. Attorney Correnti stated that they have tried to determine the costs for
relocating the electrical lines underground. They have an estimate of approximately $20-25,000
to move the lines overhead. They would like to add language that would state that they would
agree to an additional amount not to exceed$25,000 to relocated the lines underground. This
would be exclusive of the cost of road improvements.
David Hart stated that Osco wants to cap their exposure. Carter Vinson stated that relocating the
• lines underground was very expensive to benefit only two houses.
• Page 4
PB 7/6/95
Walter Power asked what type of construction the poles would be. Attorney Correnti stated that
this has not been discussed with Mass Electric. Mr. Power stated that he would like Osco to
request that Mass Electric utilize Hendrix Spacer Cable.
Carter Vinson stated that Proctor Street, from Boston to Putnam Street, shall be regraded and
resurfaced, subject to the approval of the City Planner and the City Engineer.
Attorney Correnti then asked to discuss the left turn out onto Boston Street restriction with the
Board. Attorney Correnti stated that he understands the Planning Board's concerns but this
would be the first site in the City with a restricted left-turn out. Most traffic will leave the site
via Proctor Street. The peak hours of traffic are 8-9:00 A.M. and 5-6:00 P.M. The additional
left-turn out onto Boston Street will accommodate people coming in and out during off-hours.
Attorney Correnti stated that Osco and their traffic consultant believe they can make the left turn
safely and for this reason asked the board to consider a Trial Period to allow the left-turn out
during the Spring/Summer 1996. In October, 1996, Osco would pay to have Frank Ching,.or any
other traffic expert chosen by the Board, study the left turn movement and report back to the
Planning Board.
• Lee Harrington suggested a 3 month study period by Frank Ching. Bill Cullen stated that he is
concerned with safety if the left turn is allowed. Mr. Cullen stated that the trial period will fail if
someone gets hurt there and that he was not sure if this trial period is a good idea.
Gene Collins gave examples of other projects throughout the City that do not have restricted left
turns. Bill Luster stated that the project has four curbcuts, more than any other. The Boston
Street left-turn out has been a concern since the first meeting with the developer.
Carter Vinson stated that safety is the primary concern with allowing the left-turn out onto
Boston Street. Mr. Vinson further stated that he does not want to hold open this condition until
after store is constructed and could not imagine this proposal without safety measures in place.
Attorney John Serafini, Sr. approached the Board and stated that a business has to satisfy its
customers. Osco will abide by the independent traffic analysis. The Planning Boards risk would
be waiting to evaluate the data.
Robert Stack. the Osco representative, stated that the planned improvements will make the
intersection better and that Osco will have to live with the turning restriction forever. Mr. Stack
continued by stating that if the 3 month trial period is allowed,the Board will have the concrete
data, not assumptions. Mr. Stack also stated that this restriction will impede Osco's ability to
compete with other stores.
•
• Page 5
PB 7/6/95
Walter Power stated that people exiting left-out onto Boston Street will impede the traffic
flowing along Boston Street and create a very dangerous situation. Mr. Power further stated that
the Planning Board had dropped its objection to the left-turn into the site, but there is no way to
allow the left-turn out.
David Hart stated that Dr. Ching's recommendations was to not allow the left-tum out. Mr. Hart
further stated that he would agree to a 3 month trial period with no left-turn allowed, and then re-
evaluate the situation.
Councillor Leonard O'Leary stated that the left-tum out onto Boston Street should be allowed
because he would be afraid to limit people to traveling on Pope and Proctor Streets which would
increase the traffic on Pope Street.
Steve Baliotis, owner of the property, stated that certain hours of the day are bad for access and
the situation will be made worse by prohibiting left-turns out onto Boston Street.
Lee Harrington asked where the project stands without the left-turn out. Mr. Stack of Osco
• stated that the probability of continuing the project is very low. He stated that this is consistent
with his position from day one and the inclusion of the left-turn out is paramount to going
forward. Mr. Stack stated that he has " drawn the line in the sand" on this issue.
David Hart asked what will Osco do after the trial period if the Planning Board said that there is
a safety issue with the left-turn.
Bill Cullen asked if Osco would close the store after the trial period. Mr. Cullen further stated
that the project is getting 3.5 curbcuts and that Osco's logic is disturbing.
Attorney Correnti stated that the store will not close after the 3-month trial period. Osco will
abide by the decision of the 3-month trial period.
Walter Power stated that Dr. Ching has already said,"No left turn" and he would not change his
recommendation in 3 months.
Councillor O'Leary stated that he was concerned that Putnam Street will become a cut-through.
Bill Luster stated that possibly Putnam Street be made a one-way with a"Do not Enter" sign.
Mr. Baliotis, owner of the property, stated that a garage and used car lot or a machine shop will
go on the site if Osco is not constructed. Mr. Baliotis further stated that if the property was kept
• the same, he would not have to come back before the Planning Board for approvals.
• Page 6
PB 7/G/95
Attorney Correnti stated that Osco would reconstruct the entrance drive if determined to be
necessary by Frank Ching following the 3-month trial period.
Lee Harrington stated that with the traffic signals and other improvements it will be easier to use
the other driveways. He further stated that there is not much risk for the Planning Board to go
ahead with the 3 month trial period because Frank Ching may say that it is o.k., and if not, Osco
will have to change the entrance. Harrington further stated that Osco may possibly be bluffing
on not going forward, but the Planning Board needs to take a chance.
Bill Cullen asked if Osco would consider a shorter trial period for review. Attorney Correnti
stated that if Dr. Ching determines that a safety issue exists in less than three months, Osco will
make the required changes. Attorney Correnti further stated that Osco would be willing to
extend the 3 month review period.
A motion was made by Lee Harrington,seconded by Carter Vinson, and approved unanimously
by the Planning Board, to close the public hearing.
• A motion was made by Lee Harrington to eliminate condition 3A and replace with a 3 month
review period by Frank Ching and final review by Ching. If in Ching's discretion, at any time,
there is a safety hazard, then condition 3A stating "no left turn out" shall be in place. Lee
Harrington stated that he was not worried about pressure in 3 months, but he was concerned
about the prospect of no building at the site.
The motion failed by a vote of 3 in favor, four opposed.
A motion was made by Carter Vinson, seconded by David Hart, to issue a Site Plan Review
Special Permit with the approved amendments. Carter Vinson requested a clarification of the
motion and a roll call vote. The Planning Board voted as follows: Cater Vinson-YES, Chuck
Puleo-YES, Bill Cullen-YES, Lee Harrington-YES, David Hart-YES, Gene Collins,-NO, and
Walter Power-YES. Therefore, the Site Plan Review Special Permit was approved by a vote of 6
in favor, one opposed.
Continuation of Public Hearing - WSP/Fm. C/Cluster- 127 Marlborough Road
Attorney Jack Keilty, representing R.J. Kelly, reviewed the Conservation Commission Order of
Conditions with the Planning Board. Attorney Keilty told the Board that the Commission had
requested that the driveway on lot 16 be reversed and a grass swale be provided adjacent to the
Roberts Family property on Home Street to address their drainage concerns. Attorney Keilty
• also stated that the drainage area between the entrance and exit drives would remain open.
• Page 7
PB 7/6/95
Attorney Keilty also stated that his client will provide a widening easement up to 10 feet on
Marlborough Road along their entire property frontage. Attorney Keilty told the Board that in
order to provide a safer turn into the property from Marlborough Road, he could cut back the
entrance and exit radii utilizing the 10 foot easement area.
Mr. Harold Roberts, 7 Home Street stated that he is on a septic system and is concerned that if
the groundwater is disturbed, this will effect his property and the septic system.
Attorney Keilty stated that there is a sewer manhole in front of Mr. Roberts house.
Walter Power asked what drainage the grass swale was picking up. Attorney Keilty stated that
the swale is not really necessary but it will provide added measure for the Roberts property. The
drainage for the entire project will go into the catch basins on the street.
Lee Harrington asked what is Roberts biggest problem. Roberts stated that they are flooding and
the septic system.
Attorney Keilty stated that his client would agree to tie Roberts into the sewer if it is physically
• feasible. Keilty also stated that he would investigate tieing Roberts into Salem water.
Mr. Roberts stated that he was not opposed to the development but he was looking for an
agreeable solution. He further stated that at certain times of the year, there are flooding concerns
in the neighborhood.
Attorney Keilty agreed to meet with the neighbors and Lenny O'Leary. The Board agreed that
the remaining issues were related to drainage and continued the public hearing until September
7, 1995, with the understanding that the Board would complete their review of this project if
another Planning Board meeting is held in July.
New Business
Attorney Jack Keilty appeared before the Board to informally discuss the proposed construction
of a Wendy's at the corner of Lafayette and Peabody Street. Attorney Keilty told the Board that
the project is before the Design Review Board and that the project will be formally before the
Planning Board in September.
Carter Vinson asked if a Traffic Study would be done. Attorney Keilty stated that a Traffic
Study would be conducted and forwarded to the Board.
• Lee Harrington asked if the proposed parking is adequate. Attorney Keilty stated that it
conforms with the zoning requirements.
Page 8
• PB 7/6/95
Carter Vinson stated that he thought that having the building pushed back will provide for safer
access/e_ress from the site. David Hart stated that the site is an automobile-intensive site.
Old Business
The Plannine Board members endorsed the following Form A plans which had previously been
approved by the Planning Board through the Waiver from Frontage process: 34 Proctor Street
and 51-53 Dow Street.
A motion was made by Lee Harrington, seconded by John Moustakis, and approved unanimously
by the Board to adjourn at 12:00 A.M.
Respectfully Submitted,
Elizabeth Debski
•
esd\bd\pb7695
•
SALEM PLANNING BOARD
MINUTES OF MEETING
JUNE 29, 1995
A regular meeting of the Salem Planning Board was held on Thursday, June
29, 1995 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, Gene Collins, Carter Vinson, Chuck Puleo, and Lee Harrington.
Also present were City Planner William Luster, and Eileen Sacco, Clerk.
PUBLIC HEARING - WAIVER FROM FRONTAGE - 1-53 DOW ST
Atty. Richard Stafford addressed the Board on behalf of Salem Harbor
Community Development Corporation, and requested a waiver from frontage
for property located at 51-53 Dow Street. He explained that the existing
building and lot have had frontage on a public way for 75 years. He also
noted that if approval of the waiver is granted, the building on the lot which
• now houses four dwelling units, will have only two units, each on a separate
lot which will reduce the density. he also noted that the Salem Harbor CDC
also owns the adjoining parcel at 2 Prince Street. Atty. Stafford also
informed the Board that the Board of Appeal has granted them the necessary
variances from lot area and frontage requirements.
City Planner William Luster addressed the Board and stated that the property
has been on the city's bottom ten list, and the project meets every community
development requirement. He also noted that the city is spending a
significant amount of grant money on the project.
Carter Vinson asked if the property would be going to house 2 dwellings
each. Atty. Stafford stated that the property would be going from 4 units to
2. Atty. Stafford also noted that it is their intention to have the property
remain low income housing.
Walter Power asked if there was anyone present at the meeting who wished
to comment on the project. There was no response.
• There being no further comments or questions on the project, a motion was
made by Carter Vinson to approve the Waiver from Frontage for 51-53 Dow
Street, seconded by Bill Cullen and approved unanimously.
REQUEST FOR EXTENSION OF PUBLIC RIN - 127
MARLBORO i H ROAD
Walter Power read a letter from Atty. John Keilty requesting an extension of
the Public Hearing for 127 Marlborough Road to July 6, 1995. Motion made
by Bill Cullen to continue the Public Hearing for 127 Marlborough Road to
July 6, 1995, seconded by Lee Harrington, and approved unanimously.
CONTINUATION OF A PUBLIC HEARING - O CO DR - BOSTON
STREET
City Planner Bill Luster gave the Board members the response that he
received from Abend Associates with regards to the report issued by Frank
Ching of Chingcorp. He noted that Mr. Ching and Michael Abend were both
present at the meeting to discuss the issues. Mr. Luster called on Atty.
• Correnti to address the Board.
Atty. Joseph Correnti addressed the Board and stated that he would reserve
comments, and defer to Michael Abend of Abend Associates to address the
issues.
Mr. Abend addressed the Board and reviewed his response to Mr. Ching's
comments. He stated that the morning peak hour is not typically reviewed
for a retail project assessment. He noted that the peak hour for Boston Street
is 7:30 a.m. - 8:30 a.m., and the store would not open until 8:00 a.m. He also
noted that he was more concerned with the tourist season than the Christmas
season noting that there is no data which indicated that a project of this size
would have an impact. He also noted that there is no data available that
would suggest that a drug store would have a higher value at Christmas time.
He noted that the overall volume would be lower than what they evaluated
even if there was an increase at Christmas time.
Mr. Abend addressed the issue of"pass-by" trips and stated that a 25% rate
for pass-by trips is used in Massachusetts for Shopping Centers. He stated
that the smaller the store the higher the number of trips from people just
2
• driving by would be. He used examples of fast food restaurants, and gas
stations as well as drug stores. He also noted that if people are going to
made a special trip they are not going to do it at rush hour.
Mr. Abend reviewed the revised Analysis of the Intersections (page 9A of the
report). He noted that there will be an improvement at the signal even though
Osco would be adding some traffic. He also noted that they are proposing
new signal heads to be installed before the opening of the store,especially if
Proctor Street is to become a two way street.
City Planner Bill Luster noted that he has been trying to get in touch with
Mike Harris of the Mass. Highway Department to go over this plan with him.
He noted that he has been unable to contact him.
Mr. Kennedy addressed the Board and he stated that he talked with Mike
Harris a week ago, and he stated that he was told that they would not have an
analysis done on this corridor until the corridor is completed.
Carter Vinson asked if the Boston Street intersection could be tied to the
• other intersections. Bill Luster stated that this an issue he wants to talk with
Mr. Harris about.
Frank Ching addressed the Board and reviewed his comments regarding the
plan. Mr. Ching explained that the intent of his first comment was to see that
they look at the peak hours. He noted that he agreed with them that the
morning peak hours would be less than the evening peak hours, which would
have a definite impact. He also noted that the impact would be negligible.
Mr. Ching addressed the issue of seasonality. He stated that there is
historical data that indicates that the numbers are less and he is satisfied with
the data.
Mr. Ching stated that the ITE Data is appropriate. He stated that there was
no discussion in the report, and they have now commented. He stated that
this is methodology and there is little quarrel with trip generation rate with
this method.
• Chuck Puleo referred to the level of service report and asked to have it
explained. Mr. Ching stated that if the cycle length is not adequate it can be
3
• increased. He also noted that there would be a loop detector and it would
give more green time if there are a lot of cars.
David Hart commented that he is concerned about Pope Street being two
ways. He also commented on the concern about cut through traffic. he
questioned if the law addresses using private property to avoid intersections.
Atty. Correnti stated that he would check on that. David Hart requested an
opinion from the Police Department, noting that they enforce that at Murphy's
Funeral Home.
It was suggested that if the Board is concerned about cut through traffic that
could be solved by designating one way in and one way out.
Bill Luster asked Mr. Ching if he agreed with the overall level of service.
data. Mr. Ching stated that Boston Street has less of a delay than overall.
He also noted that with the new proposed signalization there will be more
delays at the Bridge Street approach, however the overall delays on all four
approaches are balanced.
• Bill Luster asked if there was a way to calculate how many times a day there
would not be a car at the Proctor Street approach.
Ward Four Councillor Leonard O'Leary addressed the Board and questioned
the date of the CINCH program that was used in the report noting the date as
1988. Mr. Ching explained that the date refers to the computer program used
to calculate the numbers. He noted that the numbers used were from January
1995, not 1988. He also noted that the CINCH program has not changed
since 1988.
Lee Harrington asked what the impact would be when the bypass road is
built. Bill Luster stated that he wanted to also discuss that matter with the
Mass Highway Department, and would address that with Mr. Hams.
Atty. Joe Correnti noted that a tear drop type island has been suggested for
the entrance. He also noted that they want the left turn onto Boston Street,
and stated that any island would impact the tractor trailer trucks that have to
go into that entrance.
• Walter Power questioned whether a deceleration lane would be appropriate
since they are entertaining a right turn onto Boston Street from Peabody. Mr.
4
Ching stated that he did not think that it was necessary, noting that if you lay
the radius back there will be sufficient room for the turns. Walter Power
noted that heavy signage will be necessary.
Bill Luster handed out a draft decision for the Board to review. There being
no further comments or questions at this time, a motion was made by Carter
Vinson to continue the Public Hearing to July 6, 1995, seconded by David
Hart and approved unanimously.
CONTINTIATION OF PUBLIC HEARING 24-234 HIGUAND
AVENUE - PEP BOYS AUTOMOTIVE STORE
Atty. Joseph Correnti addressed the Board on behalf of Kennedy
Development Corporation and noted that Robert ONeil of Tech
Environmental is present at the meeting to answer questions and concerns
about the project.
Mr. ONeil addressed the Board and noted that he did the sound study for
Pep Boys. He stated that the air conditioners that they propose may be
• smaller, and they may use a few of them. He also noted that when they did
the study there was quite a bit of noise coming from Sunburst Fruit Juice,
located next to the site. He explained that when they did the study they
measured the existing noise and predicted the future sound levels with the
Pep Boys store.
David Hart asked if they predicted the emissions of the rooftop equipment.
Mr. ONeil stated that they plan to use a bridging plate which bridges the
sound for the rooftop equipment. He also noted that the only time that the
rooftop equipment will be used at night would be during the winter months
for heat. He explained that the air conditioners would run at a low
temperature at night so they won't go on that often.
Richard Swiniuch addressed the Board and stated that they have been having
problems with noise at the Sunburst Fruit Juice Company, and they have
contacted the Board of Health.
David Hart stated that he wants to be sure that there is no excessive noise at
• night, noting that 45 DB for the air conditioning units with shielding is not
excessive.
5
Joe ? of 11 Greenlawn Avenue addressed the Board and questioned how
much the planned trees, bushes and fence would help the noise level. Mr.
ONeil stated that it could lessen the noise by 513B.
The Board reviewed the unresolved issues for the project.
Atty. Correnti noted that they are proposing a deceleration lane and are
awaiting a response from the state. He noted that they were receptive to the
idea when they proposed it. He also noted that if they do have a deceleration
lane the developer is inclined to grant the easement as long as he is not
required to build a retaining wall, should one be needed.
Walter Power expressed concern over the cue lane that leads to the Caldor
Shopping Plaza. He noted that there is often an over flow there and that
perhaps that matter could be addressed as well. Atty. Correnti replied that
he felt that they are doing significant public improvements with this project
and that for them to address the left turn problem at Caldors is beyond the
scope of the project. He also noted that they have been in contact with the
• MBTA regarding the relocation of the bus stop.
Ward Four Councilor Leonard O'Leary addressed the Board and stated that
he is concerned about the blasting. Mr. Kennedy responded to that question
and explained the pre-blast survey, and the sounding of the horns prior to and
after a blast occurs. He also stated that they would notify the abutters of the
blasting schedule. Walter Power requested that the blasting contractor give a
report at the next meeting.
The landscaping plan will be reviewed by the Planning Board at the next
meeting. Atty. Correnti noted that the landscaper was out to the site today
and met with the neighbors for suggestions on plantings. He also noted that
the neighbors are going to look at samples and they should have that finalized
by the next meeting.
There being no further comments or questions at this time, a motion was
made by Gene Collins to continue the public hearing to July 6, 1995,
seconded by Bill Cullen and approved unanimously.
• OLD /NEW BUSINESS
6
• Carter Vinson noted that he had asked Beth Debski to provide the plans that
were approved for the Clipper Ship Inn, noting that he has received
complaints that the landscaping has been reduced. Bill Luster explained that
the Clipper Ship has leased some land to the Chiambro, the contractor for the
Salem / Beverly Bridge, and there is a neighborhood group addressing the
matter with Ward Two Councillor Kevin Harvey and Councillor at Large
Jane Stirgwolt. He stated that they are out of compliance and they are
meeting to see if they can get them back into compliance.
There being no further business to come before the Planning Board at this
meeting. a motion was made by Lee Harrington to adjourn the meeting,
seconded by David Hart and approved unanimously.
The meeting was adjourned at 10:45 p.m.
Respectfully submitted by:
• Eileen M. Sacco, Clerk
PB062995
7
SALEM PLANNING BOARD
MINUTES OF MEETING
Thursday, June 15, 1995
A regular meeting of the Salem Planning Board was held on Thursday, June 15, 1995, at 7:30
P.M. in the second floor conference room at One Salem Green.
Those present were: Chairman Walter B. Power, III, Carter Vinson, David Hart, Bill Cullen,
Chuck Puleo, Kosta Prentakis, Lee Harrington, and Assistant City Planner Beth Debski.
Public Hearing - Waiver from Frontage - 21 Appleby Road
Attorney Joseph Correnti appeared before the Board representing John Anezis, 21 Appleby
Road. Mr. Anezis requested a waiver from frontage from the Subdivision Regulations to allow
• the lot at 21 Appleby Road to be subdivided into two lots. One lot would contain 90 feet of
frontage and approximately 9,000 s.f. The second lot would contain 58 feet of frontage and
approximately 18,000 s.f.
Attorney Correnti told the Board that the lots were originally two separate lots but merged into
one because they were held in common ownership. Attorney Correnti also told the Board that
the Zoning Board of Appeals granted Variances from lot size and frontage requirements in May.
Attorney Correnti stated that this project fits in well with the surrounding neighborhood and that
each lot would contain a single family dwelling.
Carter Vinson asked how far the R-C zone extended into lot 614 and what the make-up of the
rear of lot 614 was. Attorney Correnti replied that the R-C zone extends 28 feet into the lot and
the topography falls off in the rear. The proposed house for lot 614 will be located in the front
of the lot thereby resulting in minimal tree cutting.
Walter Power asked if this project would be blocking off access to the property located directly
behind 21 Appleby Road. Upon review of Assessor's Maps, it was determined that there are
other means of access to the abutting property and there were no objections raised by the
abutters.
• Page 1
• Chairman Power opened the hearing for public comment. Ward 4 City Councillor Leonard
O'Leary spoke in favor of this project. There being no further public comment, the public
hearing was closed.
Carter Vinson made a motion to grant the waiver from minimum frontage for the two lots as
shown on the submitted plans. David Hart seconded the motion. The Board voted by a voted
of seven in favor, none opposed to grant the waiver from frontage for 21 Appleby Road.
Continuation of Public Hearing - SPR/WSP 224-234 Hijzhland Avenue
Attorney Joseph Correnti appeared before the Board on the behalf of the Kennedy Development
Group for the continuation of the public hearing for the proposed development at 224-234
Highland Avenue. Attorney Correnti was accompanied by Traffic Consultant John Edwards,
Engineer Larry Nesbitt, Pep Boys Rep. Joseph DiFettaricci and Kennedy Development Rep.
Jeffrey. Stuart.
Attorney Correnti explained to the Board members that Kennedy does not have an agreement
for a tenant for the proposed restaurant use and therefore Kennedy has removed the restaurant
building form the plan until a definite user is known. Attorney Correnti told the Board that
• Kennedy will come back to the Planning Board for Site Plan Review for the remainder of the
site once a tenant is known.
Attorney Correnti went on to explain that the site will be prepared as one and work will include
utility installation and paving. In addition, a temporary exit roadway will be delineated for Pep
Boys.
In response to the concern raised by the Board regarding the inclusion of a deceleration lane on
Highland Avenue, Traffic Consultant John Edwards told the Board that the decel lane can be
included and he showed the Board a plan depicting the decel lane. Mr. Edwards told the Board
that the decel lane begins at the property line closest to Sunburst Fruit Juice and will run to the
new driveway and the signal.
Carter Vinson asked what additional Variances Kennedy was requesting from the Zoning Board
of Appeals at their June 28, 1995 meeting. Attorney Correnti stated that there are two requests
before the Board of Appeals first, the neighbors have requested that the height of the fence
along the rear property line be increased to 8 feet and second, the total number of parking
spaces. The change in the number of parking spaces is due to the reconfiguration of the parking
area which is a result of relocating the loading dock and other adjustments to the plan. In
addition, Attorney Correnti stated that the Building Inspector has ruled that the 12 service bays
cannot be counted as storage space and therefore, these areas must be used in the parking
calculations. 112 spaces would be required by the Zoning Ordinance for Pep Boys. Attorney
Correnti stated that 96 spaces will be provided.
Page 2
Walter Power stated that Kennedy may have parking limitations on the other portion of the site.
• Attorney Correnti responded that this will have to be taken into account when looking for
potential users for the remainder of the site.
Traffic Consultant John Edwards stated that he spoke with Mike Karas of the Massachusetts
Highway Department(MHD). Mr. Edwards stated that Mr. Karas has given a verbal approval
for the inclusion of the deceleration lane. Mr. Edwards stated that the deceleration lane will be
included in the formal Access Permit application to MHD. The deceleration lane is proposed
to be 10 feet wide with a 2 foot shoulder.
Walter Power asked how much area is needed for a full travel land and shoulder.
Edwards will submit this information to the Planning Board.
Mr. Edwards also told the Board that he will be able to provide additional storage in the left lane
on Highland Avenue of about 120 feet which will accommodate 5-6 cars.
David Hart asked Mr. Edwards if the deceleration lane is long enough for storage. Mr. Edward
replied that the lane will provide 1-2 car storage fully off the travel lane.
Mr. Power asked if a wider radius would be necessary at the existing curb but to eliminate
queuing on Highland Avenue in the deceleration lane. Mr. Edwards stated that the radius was
designed for wheel base 50 vehicles and will be adequate.
• Chuck Puleo asked if the traffic signals would be replaced to allow pedestrian crossing. Mr.
Edwards responded in the affirmative. Mr. Puleo also inquired about the bus stop relocation.
Mr. Edwards stated that the bus stop and benches are proposed to be moved to the other side
of the driveway. Mr. Power asked if a shelter exists at the bus stop. Mr. Edwards stated that
there is no shelter at the present time but that they would be willing to investigate the installation
of a shelter.
David Hart asked how one would walk from the Pep Boys site to the Hawthorne Square
Shopping Center. Pep Boys representative Joseph DiFettaricci provided the Board with the
proposed route. Mr. Power asked that a delineation of the walkway be provided.
Carter Vinson asked how they plan to discourage cars from exiting at the entrance only drive.
Mr. DiFettaricci stated that they plan to install Do Not Enter signs on either end of the driveway
and in addition, the physical construction of the curb cut will make it very difficult to exit out
of the driveway.
Mr. Power asked if the deceleration lane is located within the right of way of the State Highway.
Mr. Edwards stated that it was. Mr. Power stressed the need for an easement to allow the
future widening of Highland Avenue and the provision of an extra full travel lane. Mr. Power
stated that the deceleration lane could be located within the additional travel lane. Mr. Power
stated that we need to determine the necessary widths for the easement.
• Page 3
• Mr. DiFettaricci stated Pep Boys would encounter construction constraints if the widening takes
place. The proposed rip-rap slope would have to be replaced with a vertical wall.
Attorney Correnti stated that both he and representatives of the Kennedy Development Group
would work closely over the next two weeks in order to address the outstanding issues.
City Councillor Leonard O'Leary stated that he was concerned with the bus stop. Mr. O'Leary
asked if the law allows the bus stop to be located after the traffic signal. Mr. Edwards will
determine if this is permissible. Mr. O'Leary also stated the need for a shelter at the bus stop.
David Hart asked that both the bus stop on the Pep Boys side of Highland Avenue and the bus
stop located across Highland Avenue be reviewed and coordinated.
Michael Panneton of 19 Greenlawn Avenue asked a question regarding elevations from his
property to the proposed development. Attorney Correnti submitted an elevation plan for the
Board to review. Mr. Panneton asked if the roof top equipment could be added to this plan.
This information will be provided to the Board on June 29th.
Mr. Power asked if information had been provided regarding decibel levels of the roof top
equipment. Mr. DiFettaricci submitted a Noise Study done for the Pep Boys located in Dedham.
• Mr. DiFettaricci then agreed to conduct a Noise Study at the Salem site in order to determine
the 2:00 A.M. ambient level and the P.M. peak noise. The study will take into account the
proposed roof top equipment. The Noise Study will be submitted to the Planning Board on June
29, 1995.
A motion was made by David Hart and seconded by Lee Harrington to continue the public
hearing until June 29, 1995. The Board voted unanimously to continue the public hearing.
Continuation of Public Hearing - Osco Drug
Attorney Joseph Correnti appeared before the Board on behalf of the Kennedy Development
Group. Attorney Correnti stated that he believed that the issues have been narrowed to traffic
into and through the site and the relocation of utility lines on Proctor Street.
Theo Kidderman of Geller Associates told the Board that he had spoken with Stephanie Ascoli
of Mass. Electric regarding the possibility of relocating the Proctor Street electric lines
underground. Mass. Electric has some concerns with this issue and is further investigating it.
Mr. Power stated that this activity is done all the time. Mr. Power also asked what the cost
difference would be to go underground. Mr. Power stated that the clean-up benefits for the area
would be immeasurable.
Attorney Correnti stated that he will work closely with the Planning Department to resolve this
• issue with Mass. Electric.
Page 4
• Traffic Consultant Michael Abend provided the Board with four options to mitigate the drive-
thru exit intersecting with the Pope Street entrance/exit driveway. The options are as follows:
1. Possibly reduce the parking area by one space and strip the area;2. Place stop sign at edge
of driveway; 3. Install retaining wall at end of drive-thru; 4. Install slow signs rather than stop
sign and post at each side and also install a speed bump. The Board agreed that one of these
solutions would address this situation of the blind spot and the Traffic Consultant will present
his recommended choice on June 29, 1995.
Beth Debski presented the Board with a copy of the Traffic Analysis prepared by Frank Ching
for the Planning Board. The Board members requested that Frank Ching attend the next
Planning Board meeting to address his analysis of the Traffic Study.
David Hart asked about the HVAC and other roof top equipment and decibel levels for such
equipment. Mr. Hart also asked that an ambient level be established at 2:00 A.M. plus 2 times
during day. It was agreed that a Noise Study would be conducted at ambient levels would be
determined at 2:00 A.M., 7:00 A.M., and 4:00 P.M. The information will be provided to the
Board on or before the June 29, 1995 meeting.
City Councillor Leonard O'Leary stated that he had a concern regarding traffic on Pope Street.
Councillor O'Leary asked if left and right turn lands could be painted onto Pope Street. In
addition, Councillor O'Leary stated that he would like parking to be provided along the
• Sportshaven side of Pope Street.
Councillor O'Leary also requested that a memorial marker be place at the intersection of Boston
and Proctor Street to commemorated the site of the start of the Great Salem Fire.
Councillor O'Leary stated that he does not have a problem with Proctor Street being two-way
as long as Frank Ching says that it is acceptable with the revisions to the signalization.
Councillor O-Leary asked that the designation of Proctor Street as two-way be added to the
decision.
David hart requested that Frank Ching review making Proctor Street two-way and the possibility
of making Pope Street two-way.
A motion was made by Carter Vinson to continue the public hearing until June 29, 1995. The
motion was seconded by Bill Cullen and approved unanimously by the Planning Board.
• Page 5
• Old/New Business
The Board has added the July 6, 1995 meeting back into its schedule in order to try to try to
complete review of all current projects prior to the summer break.
The Planning Board summer cookout will be held at Chuck Puleo's home on August 17, 19 at
6:30 P.M.
A motion was made by David Hart and seconded by Carter Vinson to congratulate Kosta
Prentakis on his years of service to the Planning Board and to wish him luck on his move out
of the City. The motion passed unanimously.
Carter Vinson requested that the Board review the landscaping plan for the Clipper Ship Inn at
the next Planning Board meeting.
There being no further business, a motion was made by Lee Harrington and seconded by David
Hart to adjourn the meeting. The Board voted unanimously to adjourn at 9:55 P.M.
Respectfully Submitted,
Eliza eth Debski
Assistant City Planner
Page 6
•
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• SALEM PLANNING BOARD
MINUTES OF MEETING 1
THURSDAY, JUNE 1, 1995
A regular meeting of the Salem Planning Board was held on Thursday, June
1, 1995 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,
John Moustakis, Bill Cullen, Kosta Prentakis, Chuck Puleo, Lee Harrington,
and Gene Collins. Also present were Assistant City Planner Beth Debski,
and Eileen Sacco, Clerk.
FORM A - 21 and 28 OSGOOD STREET
Beth Debski addressed the Board and explained that the application for a
Form A was for the conveyance of a 2,956 s.f. parcel "C" to the adjacent
parcel "A" to form one contiguous lot of 6,495 s.f. She noted that the
applicant received a variance from the Board of Appeal for the lot area
• requirements to allow for increasing the nonconformity of the lots. It was
noted on the plan that lot "C" is not to become a buildable lot.
There being no further questions or comments regarding the Form A, a
motion was made by Gene Collins to approve the Form A for 22 and 28
Osgood Street, seconded by John Moustakis and approved unanimously.
CONTINUATION OF PUBLIC HEARING - WSP /CLUSTER / FORM C
127 MARLBOROUGH ROAD
Beth Debski addressed the Board and stated that she received a request from
Atty. Jack Keilty to continue the Public Hearing for 127 Marlborough Road
to June 15, 1995. She also suggested that the Board could schedule a site
visit prior to the meeting.
The Board also discussed having an additional meeting on June 29, and
canceling the July 6 meeting, since some people take vacations that week.
• I
From:Sacco Fv:")T45-1976 Vale$:(5N)745-19T9 To:BETN OEBSKI n:SALEM PLANMNB OEPT Pe9s2ol6 F00ry.Jun&00,19951:45.WAM
• David Hart suggested continuing the Marlborough Road Public Hearing to
June 29, since the agenda for June 15, is rather full.
The Board scheduled a site visit for June 10, 1995 at 1:00 p.m.
Motion made by David Hart to continue the Public Hearing to June 29, 1995,
seconded by Lee Harrington and approved unanimously.
CONTINUATION OF PUBLIC HEARING - SITE PLAN REVIEW I
WETLAND AND FLOOD HAZARD DISTRICT SPECIAL PERMIT 224
and 234 HIGHLAND AVENUE
Atty. Joseph Correnti addressed the Board on behalf of his client, the
Kennedy Development Group. He noted that Larry Nesbitt, the engineer
from CDW, Joseph DeFedericchi from Pep Boys, John Edwards, the traffic
engineer and Jeff Stewart were all present at the meeting to.answer questions
regarding the proposed retail buildings on the present Salem Sign site.
He noted that they are proposing 2 retail sites. One a Pep Boys Auto Service
Center, and a family style restaurant. Atty. Correnti also noted that they have
• made changes pursuant to comments made by the Board, the neighbors and
the City Council. He explained that they have moved the building to 22 feet
from the prope h- line, and they are proposing to fence in the storage area for
tires that are to be recycled. He also noted that they moved the location of the
loading dock.
Carter Vinson questioned if the moving of the building and the loading dock
would affect the traffic flow. Atty. Correnti stated that they feel that the
changes will help the traffic flow.
Kosta Prentakis asked how many trick loads of fill they expect to use. Atty.
Correnti stated that they need 52,000 yards of fill, and each truck would be
15 yards of fill.
Walter Power asked if they would be continuing the rip-rap along Highland
Avenue. Atty. Correnti stated that the grade would be a 1 to 1 stone
stabilized slope.
• 2
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• David Hart noted that they building is not a traditional setting for a
restaurant. He also questioned why Pep Boys is set back and the restaurant
is up near the street. Mr. Kennedy noted that retailers want to be closer to
the street for visibility. David.Hart noted that the placement of the buildings
bothers him.
Mr. Kennedy stated that in his experience, retailer prefer to be nearer the
street. Tt was also noted that the neighbors requested that the building be
located close to the street, so it would be further away from the rear abutters.
Mr. Kennedy noted that they had been negotiating with Chili's but they may
change to Appleby's. He also noted that the design of the building may
change.
John Moustakis suggested that they complete the Pep Boys portion of the
project first, and then come back for the other site when they know what it is
going to be. Atty. Correnti stated that the site prep, the parking area, and the
storm drains for the entire parcel need to be done at the same time.
Walter Power noted that generally the board approves a whole plan, and not
• the shell of a building. Mr. Kennedy explained that they are proposing a
family style, sit down restaurant, not a fast food restaurant.
John Moustakis questioned how many seats the restaurant would have, and
noted that he has concerns that the Board does not know what type of
restaurant they would be approving. Mr. Kennedy stated that it would have
150-170 seats.
Walter Power suggested that they should plan for an easement for the
possibility of a deceleration lane. Mr. Kennedy stated that they have done
that before with a taking from the state for zero compensation. He also
noted that when they went to Mass Highway they did not think it was
necessary.
Gene Collins noted that Highland Ave. is state route 107, and questioned
how much right the Planning Board has to require them to give an easement
for a deceleration lane.
• 3
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• David Hart noted that he has concerns about the traffic. Atty. Correnti stated
that they went to the state with a sket4owing the left him, and they
thought it was a good plan. He also noted that the MEPA review was
approved, and the curb cut approval is in process.
Chuck Puleo noted that there is no breakdown lane, and that if they would
consider widening the road way it would be in everyone's best interest.
David Hart noted that they are not finished with the Mass. Highway
Department. Atty. Correnti stated that they are in the process of preparing
final design plans, and there could be other changes made also.
David Hart again expressed his concern that the building is so close to the
roadway. He suggested that if they moved the building back, they would
only lost a row of parking spaces. Mr. Kennedy objected to that suggestion
and stated that he would not redesign the building.
Ward Four Councillor Leonard O'Leary addressed the Board and noted that
the neighbors on Greenlawn Avenue wanted the restaurant closer to the
street, and the developer is complying with their request. He also noted that
• the Sunburst Fruit Juice Company went to the Board of Appeal and the
Planning Board and they were not required to grant an easement.
Joseph Finnochio addressed the Board and stated that he was the former
owner of the Salem Sign Property, and he sees no problem with the proposal.
He also noted that the Sunburst Company has a lot of tricks that come and
go and he did not feel that there would be a big impact.
Mike Panneton addressed the Board and stated that he has a new home
behind the property. He stated that he has a new bom child and he is
concerned about the blasting that will take place. He requested that they be
notified as to the dates and times that the blasting will take place. Walter
Power explained that they would have to do a pre blast survey, prior to any
blasting.
Mr. Panneton also requested that they not enclose the dumpster, so that
people can see, what is there, and they may keep it more tidy. Mr. Panneton
also asked what type of signage they would be allowed. Beth Debski noted
that the City Planner would address the signage issue.
• 4
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• Richard Swiniuch addressed the Board and stated that he also abuts the
property. He also noted that he is concerned about the blasting, and agreed
that they should be notified prior to blasting. He also noted that the
developer has been dealing with the neighbors and has been eery
cooperative. He also stated that he thought that it is a good use for the land.
I-Ie also stated that they would be opposed to moving the building back. I-Ie
said that it would be better for the neighbors to have the building closer to
the street.
Bill Cullen noted that they have already moved the building 22 feet, and
asked if the neighbors approved of that. Mr. Swiniuch stated that they
approved of that.
Leonard O'Leary addressed the Board again and suggested that they should
put up an 8 foot fence at the rear of the property to shield the abutters. He
also stated that he wants the brick in the back of the building to be the same
color as the rest of the building.
There being no further comments or questions at this time a motion was
made by Carter Vinson to continue the Public Hearing to June 15, 1995,
• seconded by David Hart and approved unanimously.
CONTINUATION OF PUBLIC HEARING - OSCO DRUG - BOSTON
STREET
Atty. Joseph Correnli addressed the Board and noted that Mike Abend, the
traffic engineer for the project was present at the meeting to address the
concerns of the Board regarding traffic from the project.
Mr. Abend addressed the Board and stated that they did traffic surveys on
Boston Street at the site and found that 25 - 30 cars can be accommodated at
rush hour. He also noted that an entrance on Boston Street would provide
direct access to the customer. He also noted that there are many left turns on
Boston Street.
Walter Power stated that he drives Boston Street everyday and that
intersection is very busy.
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• Kosta Prentakis suggested that they should have a third lane for the left turn.
Mr. Abend agreed that it might benefit the site.
Walter Power expressed his concern that it might compromise the entire
traffic pattern. He also noted that businesses have moved out of Salem
because of the lack of access to 128.
Bill Cullen stated that lie is concerned about the danger of the traffic coming
down Boston Street to Osco Drug and going in and getting out safely. He
stated that if he had to make a choice between going to CVS or Osco, he
would choose CVS.
David Hart stated that he has no problem with the left turn into the site, but
he has a big problem with the left turn onto Boston Street. He also
questioned how the trailer trucks would access the property. Mr. Kennedy
explained the truck route through the property as entering from Boston Street
and continuing straight across the lot and left to the loading dock.
Ward Four Councillor Leonard O'Leary addressed the Board and stated that
he likes the idea of an Osco Drug in that spot, but he has a problem with the
• traffic, and he is opposed to Proctor Street being two ways.
There being no turther questions or comments at this time, a motion was
made by Bill Cullen to continue the Public Hearing to June 15, 1995,
seconded by Carter Vinson and approved unanimously.
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 10:45 p.m.
RESPECTFULLY SUBMITTED BY:
Eileen M. Sacco, Clerk
PB060195
• 6
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• SALEM PLANNING BOARD
MINUTES OF MEETING
MAY 18, 1995
A regular meeting of the Salem Planning Board was held on Thursday, May
18, 1995 at 7: 00 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, Gene Collins, and Lee
Harrington. Also present were Assistant City Planner Beth Debski, and
Eileen Sacco, Clerk.
296 I IIGI-ILAND AVENUE - DISCUSSION
Mr. Gary Nadeau addressed the Board regarding condition #13 of his order
of conditions, which requires that he have all required Mass. Highway
Department permits before construction can start. He requested that the
language be changed to read that he must have all necessary permits
required by the Mass. Highway Department before he can be issued an
• occupancy permit, so that they can begin construction.
Beth Debski stated that she spoke to the Mass. Highway Department and
they have filed for an access permit. Mr. Nadeau stated that he was told that
he could have the approval in a couple of weeks.
Mr. Nadeau noted that he was told by Mass. Highway that he did not need a
permit for his plans. Beth Debski noted that Mass. Highway thought that
they were only installing a planting island on their property, but when they
understood that they need curb cuts, they confirmed that they need to have an
access permit. She also noted that the state is concerned about the access
and the traffic because of the change in use.
Chuck Puleo asked if they had run it by the building inspector. Mr. Nadeau
stated that he spoke with the Building Inspector and he approves.
Bill Cullen asked if a week was too long for them to wait. Mr. Nadeau
stated that they are anxious to start construction.
•
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• John Moustakis noted that the condition was placed to insure that the state
approval Would come through, and it seems as though the state has dropped
the ball.
Mr. Nadeau slated that they are willing to take a chance and build the
building, in anticipation of the approval.
Walter PoNyer noted that in many cases the Board has been over a barrel and
cited example of past problems with developers.
Bill Cullen asked if Mr. Davis from the Mass. Highway Department
indicated that he would move the application along. Mr. Nadeau stated that
he did not indicate that, but said that he should have his approval in about 2
weeks.
Motion made by Gene Collins to amend the original Order of Conditions for
296 Highland Avenue, specifically condition #13 to read that all conditions
regarding the granting of permits be resolved before a Certificate of
Occupancy is issued, including the State approval of the access permit,
seconded by Lee Harrington, and approved 6-2, with Chuck Puleo recusing
• himself and Walter Power voting no.
CONTINUATION OF PUBLIC HEARING - FAFARD PHASE III-A -
DISCUSSION WITH FIRE INSPECTOR NORMAN LaPOINTE
Fire Inspector Norman LaPointe addressed the Board to discuss blasting
concerns raised by the neighbors during the public hearing. Inspector
LaPointe explained that in the City of Salem no blasting shall occur at the
same time as quarry blasting, referring to a concern that it will be hard to
determine if damage came from Lynn Sand and Stone or the Fafard
Development. He also noted that it could be a restriction on the permit.
Walter Power asked if the Planning Board could condition that, and
Inspector LaPointe stated that the Board could condition that.
John Moustakis suggested that they should set up a blasting schedule.
Inspector LaPointe stated that it could also be a restriction on the permit and
they could set up a schedule with the Fire Department.
• 2
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• Walter Power asked if there was any state regulation regarding blasting.
Inspector LaPointe stated that the City of Salem goes by 527 of the Code of
Massachusetts Regulations 13:00 regarding blasting in the City.
Inspector LaPointe also explained that Lynn Sand and Slone did a study on
the effects of their quarry blasting. He noted that they placed 130
seismographs around the city and set off certain explosives. He noted that
they have the results of that study.
Inspector LaPointe also explained that a pre-blast survey is required on all
property with 250 feet of the blast site. Bill Cullen asked if that distance
could be increased. Inspector LaPointe stated that the Board could not make
it mandatory to increase the 250 feel. He noted that the Fire Department
would not be able to enforce that condition. He also noted that there could
be a fire man on the site at the time of blasting.
Iry Cousins of 63 Aurora Lane addressed the Board and stated that he is
concerned that there will be heavy blasts to get through what is there.
Bob ? of 32 Celestial Way addressed the Board and stated that he is
• concerned about how they can tell who caused damage from blasting.
Inspector LaPointe stated that they have damage engineers who can
determine who or what caused the damage.
Ward Four Councillor Leonard O'Leary addressed the Board and asked if the
neighbors would have to deal with an insurance company. Inspector
LaPointe stated that if someone has damage they should go to the Fire
Department and fill out a report and document as much as possible.
Gene Collins asked if they are required to notify the neighbors of the blasting
times. Inspector LaPointe noted that the SESD project had signs posted on
the street, as a result of the neighbors concerns. He also noted that the Board
could stipulate that notification be published in the news paper. He also
explained that the siren goes off 3 times before a blast and then an all clear is
sounded following a blast. He also noted that if they are blasting within 150
feet of a roadway, a police officer must be present, for traffic safety. He also
stated that a post blast survey is not required.
• 3
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• Inspector LaPointe stated that after the first shot, the Fire Department will
determine it more seismographs are needed.
Paul Maloney of 106 Grand Turk Wav addressed the Board and stated that
when he bought his property in 1988 he was assured that the property
behind him was a bird sanctuary, and now they are building on that land.
Chris Burke addressed the Board and staled that the 1987 plan does not
show complete build out. He referred to phase 3.
John Lees of I I Hibernia Lane addressed the Board and stated that he was
also told that nothing would be built in that area. He also noted that at the
last meeting the trees were discussed. He suggested that the trees should be
flagged and approved by the Board prior to construction. Beth Debski noted
that she walked the property and suggested that a row of pine trees should be
planted along Tybee Lane to create a buffer. She also noted that across the
back, no trees should be removed. She also suggested that the Board could
place a condition which says that the Planning Department can ask for more
landscaping if necessary.
• Paul Cousins of 63 Aurora Lane asked if the porches on the new units would
be made of pressure treated lumber, noting that he has problems with his
porch.
Chris Burke addressed the Board and stated that he felt that they should
address the encroachment from Fafard Phase 2, before construction in phase
3 is allowed. He also expressed concern about the ancient trail. Mr. Burke
also noted that the area is open space and should not be considered
someone's driveway.
Atty. Correnti addressed the statement and stated that they will have a map
of the ancient trail, and will address Mr. Burke's concerns.
John Lees addressed the Board and questioned the hours of construction,
noting that he would like to them start on Saturdays after 7:00 a.m.
Ward Three Councillor John Donahue addressed the Board and thanked
them for considering the neighbors concerns regarding this proposal.
is 4
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• There being no ftirther comment or discussion on the matter, Walter Power
declared the Public Hearing closed.
The Board discussed a draft decision for the project.
It was suggested that they be required to provide landscaping and screening
behind the units for privacy.
�Bill Cullen asked if the potential owners would-be-told of the ancient trail.
Atty. Correnti stated that they would be informed of the trail.
Condition 6d was amended to read "The approval of the Site Plan Review
Special Pemvl for Phase 3A shall not amend any earlier conditions of
approvals which require the completion and perpetual maintenance of the
"Ancient Trail". The Planning Department shall lay out the location of the
walking trail and suggest appropriate screening.
Condition 6e was amended to read "The applicant shall agree to provide a
bond or cash security, or covenant in an amount to be determined to be equal
to the cost of landscaping, sidewalks, paving and tree plantings inclusive of
• Whalers Lane. The amount shall be determined by the City Planner.
Condition 7 was amended to read "All chimneys in Phase 3A shall be
constructed of solid masonry withf# inch brick exposed to the exterior.
Condition I le was added to read, "During onstruction the fire lane shall be
maintained at all times under the supervision of the Salem Fire Department.
Condition 12a was amended to read, " Finish pavement on Whalers Lane
shall be completed in its entirety, immediately upon completion of Phase 3A,
weather permitting, or by July 30, 1996, whichever is earlier.
Condition 12b was amended to read, "July 30, 1996".
Condition 12c was amended to read, " September 30, 1995".
Condition 13 was amended to read, " If approval from the Phase 2
Condominium Association is not received by July 30, 1996, this condition
shall not be required to be met.
• 5
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• Condition 17 was amended to read, "The applicant shall proNide written
notice to all residents of the Hamlet and Sanctuary at least 72 hours before
the start of blasting. In addition the applicant shall post notices of blasting
on the mail box areas in Phase I and 2. No Blasting shall be done on
Saturdays.
All blasting shall be done in accordance with 527 CMR 13. It is understood
that if in the opinion of the Fire Inspector more seismographs are needed,
they shall be provided.
Condition #21 was amended to read, "All work shall comply with the
requirements of the City_ of Salem Building Inspector, as stated in letter
dated May 18, 1995.
Condition #22 was amended to read, "A Clerk of the works shall be
provided by the City and paid for by the applicant as deemed necessary by
the City Planner. The Clerk of the Works shall report violations to the
Building Inspector.
The Board discussed condition #23, which was included at the request of
Councillor Donahue to insure adherence to the conditions of the decision.
• Beth Debski explained that the developer will provide a funding pool, not to
exceed $15,000.00, and if violations occur, donations shall be made to the
existing Condo Associations. She explained that the maximum donation
will be $100.00 per offense with a total ceiling for all violations not to
exceed $15,000.00. She also noted that the pool would be administered by
the City Solicitor, and anv unused money would be returned to the developer
upon completion of the project.
Gene Collins asked if they would be giving the $15,00.00 up front. Atty.
Serafini stated that no donations would be made unless there was a
violation.
He noted that he does not anticipate any violations, and there are some the
Board would still have a mechanism to get the donations with the Certificate
of Occupancy.
Councillor Donahue argued that the idea of having the money up front was
to insure that there would be no violations, noting that if there is no up front
money, there is nothing to keep them from violating the conditions.
• 6
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• Gene Collins suggested that the idea of the donation was fine, but that the
language should be adjusted.
John Moustakis suggested that the language be changed to read, "that all
fines shall be paid prior to the issuance of a Certificate of Occupancy".
Lee Harrington requested that the Planning Board be provided with a list of
the violations monthly.
There being no further questions or comments concerning the draft Order of
Conditions, a motion was made by Gene Collins to approve the amended
Order of Conditions, seconded by Lee Harrington and approved 7-0.
CONTINUATION OF PUBLIC HEARING - OSCO DRUG- BOSTON
STREET
At the request of the applicant the Board continued the Public Hearing for
Osco Drug to June 1, 1995, because the Osco Drug representative could not
be present this evening. Beth Debski reminded the Board that a site visit is
scheduled for Saturday May 20, 1995 at 9:00 a.m.
• PUBLIC HEARING - SITE PLAN REVIEW I WETLANDS AND FLOOD
HAZARD DISTRICT SPECIAL PERMITS - 224 AND 234 HIGHLAND
AVENUE - KENNEDY DEVELOPMENT GROUP
Attv. Joseph Correnti addressed the Board and explained the proposal for a
22,211 s.f. Pep Boys Automotive service and supply store and a 5,893 s.f.
family restaurant to be constructed at 224 and 234 Highland Avenue, the
former Salem Sign property.
Atty. Correnti noted that Tom Kennedy of the Kennedy Development Group
and Larry Nesbitt, Jeff Stewart, and Joseph DeFrederico of Pep Boys were
all present at the meeting to answer questions.
Atty. Correnti noted that the Board of Appeal granted a variance from front
set back and the 2 foot buffer zone. He also noted that the Conservation
Commission has opened the public hearing and it is continued until May 25,
1995, and the Board of Health will hear the proposal on June 13, 1995.
• 7
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• Atty. Correnti stated that they have been working closely with the neighbors
on Greenlawn Avenue and Glenn Avenue which abuts the rear of the
property, uviurg iliac Uley ItaVe 1LUU several u1=111gs urrtl Ute suggesLlVus Uf
the neighbors has been valuable. He also noted that there will be a revision
of the plans submitted as they have agreed to relocate the loading dock to the
side of the building at the request of the residents.
Attu. Correnti explained the entrances and exits planned, and noted that the
traffic will be addressed at the next meeting, wlun the traffic engineer can be
present.
Mr. Joseph DeFederichi of Pep Boys addressed the Board and explained
their operation to the members. FIe stated that they are a public owned auto
service and retail chain, which does minor tune ups, oil changes, etc. He
noted that this will be a company owned store as opposed to a franchise.
Mr. DeFederichi also noted that the store will create about 40 full and part
time jobs. He also noted that they are aware and concerned about the
environment and explained their operations.
Bill Cullen asked how long they store recycled tires on the propeity. Mr.
• DeFederichi stated that they would be removed as often as necessary.
Walter Power questioned the use of the other building proposed. Atty.
Correnti stated that they are planning for a family restaurant, but they do not
have anyone under agreement.
Walter Power questioned the plan to have the building 11 feet from the
street. Atty. Correnti stated that there was a strong neighborhood feeling
from the rear abutters that the building be located close to the street. Walter
Power stated that he was surprised that the Board of Appeal did not take into
consideration the traffic and the Planning Board's desire to have a 4 lane
highway, including a deceleration lane at some point.
Kosta Prentakis asked if the light at the front entrance connected with the
light at Marlborough Road. Atty. Correnti stated that it did not connect with
that light.
8
• From:Sacco Fee:( W)745-19T5 VOIce:(50B)TC5-19T6 To:BETN OEBSFI tl:SALEM PLANNING DEFT Fe9e 9 o110 FtlEry.June90.19951:15:. AM
• There being no further questions or comments about this proposal at this
time, a motion was made by David Hart to continue the Public Hearing to
June 1, 1995, seconded by Gene Collins and approved unanimously.
The Board scheduled a site visit for Monday, June 5, 1995, at 7:00 p.m.
PUBLIC HEARING - CLUSTER SPECIAL PERMIT I WSP I FORM C -
127 MARLBOROUGH ROAD - ATTY. JACK KEILTY
Atty. Jack Keilty addressed the Board on behalf of R J Kelley, who has
signed a purchase and sale agreement with the Fumari Family for the
property located at 127 Marlborough Road, and plans to develop the 8.26
acres with 16 single family homes, a roadway and associated utilities.
Atty. Keilty explained that they plan 8 lots to be on the Marlborough Road
side of the property, and they will have access from Fumari Way. Atty.
Keilty also noted that the cluster development allowed them to stay away
from Strongwater Brook. I-Ie also noted that they are presently meeting with
the Conservation Commission.
Atty. Keilty also noted that they will not be blasting, and that they will be
• bringing in fill for the road. He also stated that they are planning to install
curbing along Marlborough Road.
Kosta Prentakis asked if they are planning on providing any land for the
widening of Marlborough Road. Atty. Keilty stated that they would look
into that.
Atty. Keilty stated that they are planning to leave what is there for
landscaping and enhance it on Marlborough Road to create a butler.
Walter Power opened the Public Hearing to public comment.
Harold Roberts of Home Street addressed the Board and expressed his
concern about the high water table. He noted that he gets water in his
basement. He also expressed his concern about the traffic on Marlborough
Road.
Joe Frantangelo of 144 Marlborough Road questioned which side of
Marlborough Road the sidewalks would be installed. Atty. Keilty stated that
• 9
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• they would be on the side where the property is located, noting that they
don't have anv control over the other side of the street. Mr. Frantangelo also
expressed concern about the traffic.
Antoinet )f 185 Marlborough Road addressed the Board and expressed
her concern about the curve in the road where Terri Way is proposed. She
stated that it is very dangerous, and that she has trouble getting out of her
driveway.
Walter Power noted that it was 11:00 p.m. and suggested that the hearing be
continued to June 1, 1995. Motion made by Gene Collins to continue the
Public Hearing to June 1, 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 Gene Collins to adjourn the meeting,
seconded by Bill Cullen, and approved unanimously,
The meeting was adjourned at 11:05 p.m.
• Respectfully Submitted By:
Eileen M. Sacco, Clerk
PB051895
10
GL ��
SALEM PLANNING BOARD
MINUTES OF MEETING
THURSDAY, MAY 4, 1995
A regular meeting of the Salem Planning Board was held on Thursday, May
4, 1995 at 7: 30 p.m. in the second floor conference room at One Salem
Green.
Present were: Chairman Walter Power, Carter Vinson, David Hart, Bill
Cullen, Kosta Prentakis, Gene Collins, Lee Harrington and Chuck Puleo.
John Moustakis was absent. Also present were: City Planner William Luster,
Assistant City Planner Beth Debski, and Eileen Sacco, clerk.
APPROV T. OF MINIITF.S
The minutes of the meeting of April 20, 1995 were presented for approval.
Motion made by Lee Harrington to approve the minutes of the meeting of
April 20, 1995 as amended, seconded by Carter Vinson, and approved
unanimously.
CONTINUATION OF A PIIBL.IC HEARTIN - SITE PLAN EV W
SPECIAL PERMIT - FAFARD PHASE TTTA
Kosta Prentakis recused himself from discussion of this matter.
Atty. Joseph Correnti of Serafini, Serafini, and Darling addressed the Board
on behalf of his client, the Fafard Company. He noted that he knew that there
are many people who wished to comment on the project and he would defer
to public comment.
David Hart stated that he was under the impression that the Planning Board
would have some information requested this evening.
City Planner William Luster stated that they have prepared a chart, outlining
the concerns of the trustees and the neighbors. He also noted that the chart
has been reviewed by the trustees. David Hart suggested that the chart be
reviewed for those present. He read each item aloud, and noted that where it
indicated that a matter has been resolved does not mean that it has the full
•j support of the trustees or has it been reviewed by the Planning Board.
1
• Walter Power opened the hearing up to public comment at this time.
Betty Sutter of Flying Cloud Lane addressed the Board and stated that the
time finite regarding blasting has not been addressed.
Kosta Prentakis of 70 Whalers Lane addressed the Board as a resident and
stated that he has lived there since 1988 and it has been a pleasure to live
there. He noted that he likes the variety of building types and color, and
stated that the Board has done a good job laying it out. He also noted that
when the development was planned it was not planned with children in mind,
citing that there are 65 children under the age of 10 living there now. He
requested that some consideration be given to including a childrens play area
in the development.
Kosta Prentakis also addressed the issue of trash removal, noting that the
original agreement called for the residents to be responsible for the trash
removal. He also noted that the recent Stop & Shop PUD decision calls for
the trash disposal in the residential portion of the PUD to be the responsibility
of the City of Salem. He requested that the Board remove that condition that
• the trash removal be the responsibility of the residents from the Fafard
developments.
Priscilla Brown addressed the Board and noted that in 1992 she sent a letter
signed by a number of residents requesting that a tot lot not be included in the
project. She noted that when many of the residents bought their units they did
so because it was not geared toward children.
Erol Margosi of 9 Patriots Lane addressed the Board and stated that the street
drainage goes into a wetland, when it should go out to the street. He stated
that no drainage should go into a wetland.
Ward 3 Councillor John Donahue addressed the Board and stated that he felt
that it is important for the people that they have a guarantee on this project
with regard to the construction time. He requested that a predetermined
amount of money be set aside in escrow to insure completion of the project.
He also suggested that they be fined for any violations and that the remaining
money would be returned at the completion of the project.
2
Councillor Donahue also suggested that perhaps there could be language in
the conditions relative to mitigation money for the residents for the past
mistakes of the developer.
Ken Hawkins of 61 Aurora Lane addessed the Board and stated that he is
concerned about the moving around of the fill from the construction of the
access road.
Bob Shimmer of 9 Queensbury Road addressed the Board and stated that he
thought that the fill would be coming from the industrial park development,
and that some of the fill would be used in phase 4 of the project.
Bill Luster addressed those present and explained that the plan is to get as
much fill from the industrial park development, but that they would still need
to bring in-other fill from around the region.
John Lees of 11 Hibernia Lane addressed the Board and expressed his
concerns about the long term effects of the blasting. He questioned what
would happen if 2 months after the blasting something begins to crack. Bill
• Luster explained that they will be required to do a preblast survey as required
by law on all property within 250 feet of the blasting area. He also noted that
if something happened it would be up to the residents to prove that it was the
result of the blasting.
Annette Levitt of 53 Aurora Lane addressed the Board and expressed her
concerns regarding the blasting. She stated that she felt like she was in a
catch 22 between the blasting at Trimount (Lynn Sand and Stone) and the
proposed blasting for this project. She noted that they are always blasting at
Trimount and she does not ever recall a pre blast survey being done. She also
stated that she has lived there for 7 years and that she came to this meeting
hoping that the Board would understand, and help them with their concerns.
Walter Power suggested that the Board invite the Fire Department to the next
meeting to explain the blasting process to the residents.
/BI Cullen suggested that perhaps they could increase the area that they are
uired to do pre blast surveys from the 250 feet. Bill Luster stated that the
• developer could agree to that as a condition.
3
Shirley Lees of I 1 Hibernia Lane addressed the Board and stated that she has
had her fire place repaired 4 times herself, noting that Mr. Fafard said he
would fix it but never did.
Ara Margosian of 11 Patriots Lane addressed the Board and asked if the other
permits 'for the project have been issued. Atty. Correnti replied no.
Ward 4 Councillor Leonard O Leary addressed the Board and stated that he is
concerned that with this developer and the past history of him, that there
should be some time limit set for the construction of the units.
Mr. Margosian addressed the Board again and stated that there should be a
buffer zone. He also noted that the units should not be built in the area where
phase 3a is approved. He suggested that they should put the units some place
else in the development. He also noted that this is the only natural area left in
the development. He also noted that there should be consistency between the
Stop & Shop PUD and the Fafard PUD regarding trash removal.
Walter Power stated that when the PUD was approved it was agreed that the
• residents would be responsible for the trash removal, and that is part of the
original agreement. He also noted that the Board cannot change that, and it is
not an issue in this decision. He also state that the Board insisted on many
items such as the siding and the brick chimneys. Walter Power also stated
that while the residents have legitimate concerns regarding the construction of
their units, the Building Department is responsible for the building process.
He suggested that the Board could talk to the building department to insure
that these kinds of things don't happen this time.
Don ? of 5 Patriots Lane addressed the Board and suggested that they be
required to put an amount of money in escrow to cover the unforeseen things
that can happen during construction.
Carter Vinson stated that he felt that it could be done for matters that relate to
the completion of the subdivision, but not for sidewalks and landscaping. He
also noted that there are limits as to what the Planning Board can ask of the
developer.
ill Cullen addressed those present and stated that it seems that at the time
that their units were built the Building Inspector didn't do his job. He also
4
• noted that he is not sure that there is anything that the Board can do about
that, and expressed his hope that the present Building Inspector will be aware
of what is going on out there.
David Hart addressed those present and noted that the Building Inspector is
probably not going to inspect the construction day by day, and that his job is
to enforce the Massachusetts building code, which are minimums for.
construction. He stated that he doesn't think that the Building Inspector is a
cure all, and that it is up to the developer to see that he has a good product.
Chris Burke of 65 Broad Street addressed the Board and referred to a letter
he sent to the Board on April 20, 1995 regarding the access to the ancient
trail at Highland Park. He noted that the conditions of the PUD say that each
phase shall provide for the access. He asked that the Board come up to the
site and see what he means. Atty. Correnti addressed the Board and stated
that he has talked with Mr. Burke and that they are willing to go out and see
what he means.
John Lees of Hibernia Lane addressed the Board and stated that he is
• concerned about the amount of trees that will be removed for the project. He
also noted that when he purchased his home he thought that there would be
no building in this area. Atty. Correnti suggested that they could flag the
trees that they want to save. He also noted that they are committed to
working with the Planning Board and the landscape architect on this project.
David Hagen of 27 Flying Cloud Lane addressed the Board and stated that he
also felt that the trees would be left alone, when he purchased his unit.
David Hart suggested that the Board continue the Public Hearing to May 18,
1995.
Atty. Correnti addressed the Board and stated that all of the concerns of the
residents have been heard and they intend to address them. He also noted
that they are at the point of losing the entire construction season. He noted
that they have made concessions and have heard the concerns of the Board
and the neighbors, and have agreed to limit construction traffic. He stated
that they want to get these five buildings going, and that does not mean that
• they will not address the issues, noting that they are doing the remainder of
5
• the project in small phases. He asked that they close the public hearing this
evening.
David Hart noted that if the Board closes the Public Hearing, they cannot
accept any new information and he has a problem with that. Atty. Correnti
noted that the issues are on the table and they are willing to address them.
David Hart noted the strong criticism of the developer and stated that he is
trying to prevent that from happening this time.
The Board discussed the issued that have been raised regarding this project.
Chuck Puleo asked if they would be doing all of the blasting at the same time.
Atty. Correnti stated yes and that they want to do all of the site preparation at
the same time.
Carter Vinson asked if all of the foundations would be laid at the same time.
Atty. Correnti stated that they would be. He estimated that it would take
several weeks, and in response to neighbors concerns they would do all of the
site work and the foundations at the same time.
• Preston Hall the project
p � engineer outlines the areas that would be blasted on
the plan.
David Hart asked if the developer would agree to a monitoring plan regarding
the blasting. Atty. Correnti stated that they would comply with the ordinance
regarding blasting, and would consider going beyond the required 250 feet as
suggested if the fire inspector feels that it is necessary.
Carter Vinson questioned who would be responsible for damage from
blasting, noting that there could be a question as to who is responsible, Fafard
or Lynn Sand and Stone. Atty. Correnti noted that the Fire Inspector suggests
that the blasts be coordinated. He also noted that damage typically occurs
right away.
Chuck Puleo asked if they looked into the possibility of Hydraulic Lifting as
opposed to blasting. Preston Hall replied that at this point they have only
considered blasting.
6
Atty. Correnti stated that they would accept a condition that they would
• comply with the blasting ordinance and any other condition that the Fire
Inspector deems necessary.
Walter Power requested that the Fire Department come to the next meeting
and talk about the monitoring of the blasting and the post construction
surveys.
Walter Power also expressed his concern about the caliper of the trees that
they will be planting. He suggested that they plant oversized trees, since it
takes so long to grow 3 1/2 inch caliper trees.
Bill Luster addressed the Board and stated that everyone has an interest in
seeing this project completed. He suggested that the Board could grant some
level of approval this evening which addressed the footprint of the buildings,
so that they don't miss the construction season tonight or at the next meeting.
Carter Vinson stated that he is not comfortable closing the public hearing this
evening, and to grant some kind of approval would require that.
• Atty. Correnti suggested that they would be happy with an approval which
would allow them to stake the building frames, flag the trees that would be
able to be saved with the understanding that they have no approval for any
further work.
David Hart asked Atty. Correnti to think about giving the people some
assurance that they are getting a quality development.
Carter Vinson asked if they would be selling units as the market dictates.
Atty. Correnti stated that they would be. Carter Vinson asked if they have
any idea of what they plan to offer in terms of security.
Lee Harrington suggested that there should be no blasting on Saturday. Atty.
Correnti stated that they could accept that.
There being no further comments or questions regarding this matter, a motion
was made by David Hart to continue the Public Hearing to May 18, 1995,
• seconded by Carter Vinson and approved with Gene Collins voting against
the motion.
7
• MODIFICATION OF SITE PLAN**- McDONALD'S RESIATIRANI -
TRADERS WAY
Ernest Annibale of McDonald's addressed the Board and presented the
revised site plan for McDonald's on Traders Way. He noted that the revision
was based on a site visit that the Board attended, and incorporated their
suggestions. He explained that there was some concern about the emergency
exit door, and that they created a 3' 6" wall along the entire perimeter of the
addition to provide safe passage. He also explained the relocation of the
menu board. Mr. Annibale also noted that they plan to plant arborvitae and
reasonably space it with a 6 foot length of railing behind the bushes.
Walter Power asked if they have given any thought to replacing the dumpster.
Mr. Annibale stated that he thought that the dumpster was leased and he was
going to have it changed, but he has since found out that the company owns
the dumpster and he is looking into switching it with another store, but he has
to find one that is lower in height than the one that is there.
Beth Debski stated that she would have Juli Reimenschneider take a look at
• the plan and see if she has any suggestions.
Carter Vinson asked if any decisions have been made regarding signage.
Beth Debski noted that the signage has been discussed, and suggested that the
plan could be approved, and the signage could be addressed later, with the
approval of the City Planner.
There being no further discussion regarding the matter, a motion was made by
Lee Harrington to approve the Modification of the Site Plan for McDonald's
on Traders Way, with conditions, seconded by Carter Vinson and approved
unanimously.
The Board discussed the following conditions for the project:
1. Signage shall be subject to the review and approval of the Planning Board.
2. Landscaping around the dumpster shall be reviewed and approved by the
Planning Department.
3. The siding material shall be clap board.
8
PUBLIC HEARING - SITE PLAN REVIEW - OSCO DR - 45-53 AND
59 BOSTON STREET
Atty. Joseph Correnti addressed the Board on behalf of his client, Kennedy
Development Group and explained plans for the construction of a 13,237 s.f
structure to be built on property fronting on Boston Street, and bounded by
Pope and Proctor Street, and will house an Osco Drug. He also noted that the
site presently has existing buildings on the site, the Ideal Finishing Building
and a small auto repair shop and is in a B2 district. He stated that both
buildings would be demolished and the new structure would be a modern
building.
Atty. Correnti also noted that they have been to the Board of Appeal and
received variances for side yard setback and parking requirements.
Tom Kennedy of the Kennedy Development Group addressed the Board and
explained that they have been working with Osco Drug to find a location in
this area for some time, and that they feel that this is a great location. He also
noted that they have designed the building to be brick as requested by the
• City. Mr. Kennedy explained the design of the building, noting that they plan
to have a drive through for the drop off and pick up of prescriptions. He
explained that this has been included as an attraction that is not offered at
other area pharmacies. He also noted that it will be for prescriptions only,
and that no other items may be purchased at this window.
Atty. Correnti addressed the Board again and noted that one of the major
concerns of the project is the traffic flow in this congested area. He explained
that the plan for four curb cuts and located the entrances on the plan. He
noted that they plan for the main entrance to be on Boston Street with 2
entrances on Pope Street and one on Proctor Street. He noted that Proctor
Street is a one way and they propose to make it two ways and widen the road
way 3 feet.
Carter Vinson questioned the curb cuts on Boston street noting that it is
difficult to get onto Boston Street now. Atty. Correnti stated that they are
attempting to funnel the traffic onto Proctor Street, and noted that it is
important for Osco Drug to have frontage on the main access road.
9
Walter Power asked if they have done a traffic study on Boston Street. Atty.
• Correnti stated that the traffic engineer would be present at the next meeting.
Gene Collins expressed his concern that they are considering making Proctor
Street two ways.
/Bill Cullen stated that he thought that they would lose customers if they have
V to cross over Boston Street to get there.
Carter Vinson questioned the drive through prescription window. Mr.
Kennedy stated that it is a service and that they probably would get 5-10 cars
per day, and they are hoping that this will make the store more attractive. Mr.
Kennedy also noted that they would not do the project if they do not have
access to Boston Street.
Atty. Correnti noted that there is no neighborhood opposition to the project.
He also noted that the neighbors spoke in favor of the project at the Board of
Appeals.
• Walter Power read comments from other City Boards and Commissions.
The Board of Health will hear the proposal at the May 9, 1995 meeting.
The Salem Conservation Commission has no jurisdiction on the matter.
The City Engineer concurs with the plan.
Gene Collins stated that he would like to see the traffic study and what the
impact would be on the neighborhood at the next meeting. He noted that he
is concerned about the impact this will have on the Gallows Hill
neighborhood.
David Hart requested that the Sports Haven be located on the plan for the
next meeting.
Atty. Correnti stated that Pope Street is not heavily travelled, and he would
have the traffic engineer address the concerns of the Board at the next
• meeting.
10
David Hart questioned the reduction in parking. Atty. Correnti stated that
they need a 13,000 s.f building and that there is no room for the required 89
spaces and 61 spaces is the area that is left after the building.
Carter Vinson noted that former uses of the property, a tannery and an auto
body repair shop and asked if any soil testing has been done on the site. Atty.
Correnti stated that they have a 21E in process.
Walter Power opened the hearing up to public comment at this time.
Ward Four Councillor Leonard O'Leary addressed the Board and stated that
he is concerned about the neighbors on Hanson Street and Putnam Street and
the effect this project will have on them. He also stated that he is not sure
that the new traffic signal will be in place by the time this project is
completed. He also requested that sidewalks be included on the plan.
Maureen Kiley of 15 Bow Street addressed the Board and stated that she is
fascinated by the attitude of the Board regarding the traffic. She asked how
many employees they would have. Mr. Kennedy stated that they would have
• 35-40 employees, 75% of which will be full time. Mrs. Kiley stated that the
traffic issues need to be looked at and worked on, but she felt that the project
was worth taking a look at.
Michael Averill of Grove Street addressed the Board and asked if there was a
master plan for the city and whether they know what is going to happen to
Boston Street. Beth Debski noted that there is a Master Plan Committee
presently meeting to work on a new Master Plan.
Mary Casey of Grove Street addressed the Board and stated that she felt that
the traffic should be kept flowing on Boston Street. She also stated that she
has a problem adding projects without a master plan.
Tom Kennedy informed the Board that he will develop the property, but Osco
Drug will own the property.
David Hart suggested that the Board should have a site visit after they hear
the traffic plan from the traffic engineer. The Board scheduled a site visit for
• Saturday, May 20, 1995 at 8:30 a.m.
11
There being no further questions or comments at this time a motion was made
by David Hart to continue the Public Hearing to May 18, 1995, seconded by
Chuck Puleo 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 Carter Vinson and approved unanimously.
The meeting was adjourned at 11:45 p.m.
Respectfully submitted by:
Eileen M. Sacco, Clerk
PB050495
12
From:Sotto Fu:p99T745d9T5 Voice:WT45-1975 To:SETM DEBSM it:MEN!PL MM6 DEPT P.9*9oT5 Tuodq,Me,W.199512=15RM
• SALEM PLANNING BOARD
MINUTES OF MEETING
THURSDAY, APRIL 20, 1995
A regular meeting of the Salem Planning Board was held on Thursday, April
20, 1995, 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, Kosta Prentakis, Gene Collins, and Lee Harrington. Also
present were Assistant City Planner Beth Debski, and Eileen Sacco, Clerk.
Chuck Puleo and John Moustakis were absent.
Continuation of Public Hearing - Fafard Phase III
Kosta Prentakis recused himself from discussion of this matter.
Walter Power informed Atty. John Serafini Sr. that although the Board has a
quorum to hold the meeting, there are two members absent this evening, who
• were present at the opening of the public hearing. Atty. Serafmi requested
that the Board postpone the public hearing until the next meeting on May 4,
1995.
Motion made by Gene Collins to postpone the public hearing for Fafard
Phase III to the next meeting of the Planning Board on May 4, 1995,
seconded by Lee Harrington and approved unanimously.
APPROVAL OF MINUTES
The minutes of the meeting of March 23, 1995 were presented for approval.
Motion made by Lee Harrington to approve the minutes of the meeting of
March 23, 1995, seconded by Bill Cullen and approved unanimously.
The minutes of the meeting of April 6, 1995 were presented for approval.
Motion made by Carter Vinson to approve the minutes of the meeting of
April 6, 1995 as amended, seconded by Lee Harrington and approved
unanimously.
•
Ftom:Sacco Fax:(WO)T45-09T6 Volm(S99p3549T6 To:9ETN QESSKI at:SALEM PW!ldNC DEPT P390 3 of 5 Tu.sdoy,May W.1Po512:31:14 PM
• DISCUSSION REGARDING SPINALE AUTOMOTIVE
Carter Vinson expressed his concern about the number of cars Spinale OtU
Automotive is licensed to store on the lot. He noted that he is concerned / 4/1
about the location that the cars are being kept on. Beth Debski will speak
with Leo Tremblay regarding the matter.
CONTINUATION OF PUBLIC HEARING - 296 HIGHLAND AVENUE_
Mr. Gary Nadeau and Dr. Michael Kantorosinski were present at the meeting
to answer questions regarding their proposal for a Bagel Shop at 296
Highland Avenue.
Mr. Nadeau addressed the Board and stated that he felt that the concerns of
the Board regarding the access to the rear of the property and the possibility
of landlocking it were alleviated during the site visit. He also stated that they
have provided the I IVAC information that the Board requested. Mr. Nadeau
also noted that they have contact the Mass Highway Department regarding
the proposed curb cut on Highland Ave.
• Carter Vinson questioned whether Mass Highway would amend the site plan
if for some reason they do not approve the curb cut. Beth Debski noted that
if any changes are made to the plan, they have to come back to the Board.
Richard Williams of Thomas Circle addressed the Board and thanked them
for looking into his concerns.
There being no further questions or comments regarding the plan, a motion
was made by Bill Cullen to close the public hearing; seconded by Lee
Harrington and approved unanimously.
The Planning Board discussed the proposal.
David Hart noted that the information submitted on the HVAC units did not
list the decibel�evel of the units. He stated that the noise level should not be
greater than decibels between the hours 11 p.m. and 7 a.m. He also
noted that the Board of Health has a lenient policy of increasing the ambient
level by 10 for each new owner of a property. He suggested that they leave
From:Sacco F.:(S99)1<5A9IB Volm(59B)1B5d91B To:BETM BEBSM at:SALEM PLANNING BEVT P.,4.15 Tuo/ry,Mg0;199512:3]:19M1
• the approval of the I-IVAC unit to the discretion of the City Planner. Mr.
Nadeau indicated that they would agree to that.
Beth Debski read the draft decision for the proposal.
Walter Power noted that he would like a condition regarding new electrical
service, specifically that any new electrical service should be in the form of a
pad mounted transformer on the site.
Carter Vinson questioned if the screening on the back half of the lot, that
presently exists would be affected. Mr. Nadeau stated that they are not
touching that area, and that there would be no change to the current
landscape on the slope behind the building.
David Hart requested that a condition be included regarding the noise level
between I I p.m. and 7 a.m. should read as follows:
That the noise level as generated from rooftop equipment should be no
greater than #bB at the closest residence.
• Walter Power referred to condition 5c and stated that he would like the
language to include that the sloped granite curbing shall be installed along
the entrance, and along the property line. He also noted that there should be
curbing along the front of the property line along Highland Avenue.
There being no further questions or comments regarding the draft decision, a
motion was made by Gene Collins to approve the draft decision as amended
for 296 Highland Avenue, seconded by Lee Harrington and approved
unanimously.
REQUEST FOR EXTENSION FOR PUBLIC HEARING STOP & SHOP
SUB-DIVISION PLAN
Beth Debski presented a letter from Atty. John Serafrni Sr. requesting an
extension for the Public Hearing for their sub division plans for the proposed
Stop & Shop Supermarket on Howley Street to June 22, 1995.
Motion made by David Hart to approve the extension of the time in which to
hold the public hearing for the Stop & Shop Subdivision, seconded by Lee
Harrington and approved unanimously.
•
ROM:Sacco Fax:M)745-1976 VOIu:(SMT45-19TG To:BETM DEBSW N:SALEM PLANNING DEPT Pogo 6 of Tuesday,May BY,199512-M MAM
• There being no further business to come before the Planning Board at this
meeting, a motion was made by Bill Cullen to adjoum the meeting,
seconded by Carter Vinson and approved unanimously.
The meeting was adjourned at 9:00 p.m.
Respectfully submitted by:
Eileen M. Sacco, Clerk
PB042095
•
•
SALEM PLANNING BOARD
MINUTES OF MEETING
THURSDAY, APRIL 6, 1995
A regular meeting of the Salem Planning Board was held on Thursday, April 6, 1995 at 7:30
p.m. in the second floor conference room at One Salem Green in Salem, Massachusetts.
The meeting was called to order by Chairman Walter Power, and those present were: Bill Cullen,
Lee Harrington, David Hart, John Moustakis, Kosta Prentakis, Chuck Puleo. Also present were
City Planner William Luster, Assistant Planner Beth Debski, and Debra Tucker, Acting Clerk.
d- VAMO�
CONTINUATIONS OF PUBLIC HEARING- FAFARD PHASE IIIA
Bill Cullen moved to continue the Public Hearing for Fafard Phase IIIA until April 20, 1995.
David Hart seconded the motion, and it was approved unanimously.
PUBLIC HEARING-SPR/WSPBPD DEFINITIVE SUBDIVISION:
• SWAMPSCOTT ROAD INDUSTRIAL PARK/THERMAL CIRCUITS
A Public Hearing concerning the application of the Fafard Real Estate and Development Corp.
for a Definitive Subdivision, Site Plan Review, Special Permit, Wetlands Flood Hazard District
Special Permit, and Business Park Development Special Permit at 58 Swampscott Rd. in the
Swampscott Rd. Industrial Park was held.
City Planner Luster gave the board some background information as well as explanation and
rationale for this request and for the unusual procedure of requesting approval for a definitive
subdivision and waiver recommendations, site plan review special permit, business park
development special permit, and wetlands and flood hazard district special permit all in one
meeting. Mr. Luster stated that Thermal Circuits of Jefferson Ave. has been in business in Salem
for many years. The company has found that their current site is not acceptable for expansion.
In an attempt to keep the business in Salem, the City has stepped in with the site analysis and
site study process. After an extensive review, the Fafard site industrial complex was deemed a
good opportunity. The cost and timing needed to be competitive with other sites outside the City
being considered by Thermal Circuits. Incentives were offered to close the gaps. The Fafard site
is industrially zoned and is a clean site. Fafard is unable to build the whole industrial park at the
current time. A Community Development Action Grant was obtained. Fafard can subsidize with
four acres of land in exchange for the construction of a road. Thermal Circuits is looking for a
move in date of September 1 st. The City needed to move quickly to avoid losing the business.
Page 2 of 8: 4-06-95 Planning Board Minutes
•
Mr. Luster stated that this project would retain 84 jobs and increase the number of jobs over the
next few years. The existing facility with a $12,000.00 tax base will be retained, and a new tax
revenue of $39,000.00 will be created. There will be five remaining industrial areas at the
complex for growth opportunity with an estimated tax base of $275,000.00 and the possibility
of 750 new jobs.
The request was for subdivision approval to follow the road construction to service the industrial
park and site plan review, wetlands and flood hazard special permit, and Thermal Circuits
business park developments. Mr. Luster indicated that representatives for Fafard would present
the subdivision plan and Thermal Circuits would present the site plan. He recommended hearing
all presentations first.
Attorney Serafini introduced Fafard's engineer Preston Hall. Mr. Hall presented the proposal for
the definitive subdivision. The site was originally considered for Rich's Department Store
distribution center. In 1988 an order of conditions was issued by the Conservation Commission.
That order remains in effect. The plan will be presented at the next Conservation Commission
meeting in order to request a modification for working within a buffer zone.
The elevation has been changed from 110' to 130'. A sidewalk will be installed on the left side
• only. Three waivers were requested: sidewalk on one side only, center line radii less than 50
feet, and length of dead end street longer than 500 feet.
Carter Vinson asked why the whole parcel was not included in the subdivision. Attorney Serafmi
stated that this is the only current tenant. Later lot size may depend upon future tenants. There
are no other tenants as of yet. William Luster stated that the area is not zoned for retail. The
back lot development is the reason that it is separate from subdivision. Preston Hall stated that
a large driveway will access a large upland piece of the property in the rear. Walter Power added
that development of the upland piece would be subject to review and Form A approval.
The project will be built in two phases. Initially 32,000 square feet will be built and an
additional 19,000 square feet later. The developer requests full approval now for future
expansion. There will be one trailer tractor delivery per day at three loading docks. To offset
the reduced 150' radius there will be 28 feet of paving. The plan calls for 112 parking spaces
with slope granite curbing and vertical concrete curbing.. The drainage, sewer, and water will
tie in to the City at the street. Hydrants will be every 500 feet. The traffic circulation pattern
is due to the tight cuts. It will be easier to back into the loading docks and then the trailers will
be able to pull straight out.
Carter Vinson asked if the retention facility is large enough for the whole site development.
Preston Hall replied that there are three 42" pipes from the wetlands and a 20' vertical ledge cut.
Walter Power asked if fill for the road will be used from the site or brought in from outside. Mr.
• Hall did not yet know.
• Page 3 of 8: 4-06-95 Planning Board Minutes
William Luster stated that the timetable and plan is for September of 1995 completion. Fafard
will build the road and the City will purchase it when completed. He added that the Essex St.
bridge on Swampscott Rd. will be out for nine months and the construction timing would be least
disruptive. The City has approval for the installation of a traffic signal at Highland Ave. and
Swampscott Rd. and is attempting to have it installed by the fall. The City has the right of way
and got state approval to widen Swampscott Rd. and install sidewalks.
Preston Hall responded to David Hart that the street is higher because of the land contouring with
a 104 grade at the crest. The finished floor of the building will be 97 feet. Although there is
highly fractured ledge present, there will probably be some blasting. There is 230-250 feet to
the nearest vacant residential lots and at least two lot lengths to occupied lots.
William Luster stated that it is still early in the design stage and the Engineering department will
need to design the road. A turning lane from Swampscott Rd. would shift the road away from
the Industrial Park towards the wetlands area. Chairman Power asked if the projected road could
be a rear entrance for heavy trucks which would then gain more parking spaces in the front.
William Luster replied that the funding source agreed to build the road to the end of the cul-de-
sac. Any road extension at this time would take monumental re-negotiations. The developer
controls the land beyond the cul-de-sac. Bill Cullen added that the entire road is outside the
• Thermal Circuits property. Chuck Puleo added that the driveway was already pre-approved by
the Conservation Commission. William Luster added that the City will buy the road in a turnkey
project. The road will be constructed to City specifications by the developer. Future
development would require furthering the road at the developer's cost. Future development
would have to be a Form A due to the subdivision.
Chairman Power asked if the road will be adequate to service the rest of the site. The City
Engineer and Fire Department have reviewed the plan and are comfortable with it. Chairman
Power commented that Maynard Plastics would be landlocked and asked if they had been
consulted about future plans for expansion. Mr. Luster stated that there is no room for expansion
in the rear of the property and that he knew of no plans for expansion. He added that they were
excited about the plan to further develop the area. They may look for a storage site in the future
to use more of the existing space for production. Kosta Prentakis asked about trash generation.
Mr. Hall referenced planned dumpster locations on the site map. The utilities will be all
underground.
Councillor Donahue of Ward Three said that he has been working with Thermal Circuits and the
Planning Department as well as the Mayor's office to keep Thermal Circuits in Salem. He stated
that it was a great opportunity to expand the economic growth in Salem. Mr. Donahue added
that he thought that his colleagues on the City Council would have been present since the Council
worked to push an economic package through for the plan. He further stated that a buffer zone
should be maintained along the residential lots even though there are no homes there now and
that the area trees should be maintained to minimize any noise.Further building on the left side
of the road should be sited closest to the road so as not to impact Clark Rd. residents. He added
• Page 4 of 8: 4-06-95 Planning Board Minutes
that it is a great service to the City to go to extra lengths and well worth the effort of making an
exception for Thermal Circuits. He then thanked the board and its efforts to keep Thermal
Circuits on its time schedule.
Attorney Serafini introduced Thermal Circuits' CEO Tony Klein. Mr. Klein lives in Swampscott
and has been with Thermal Circuits since 1974. Thermal Circuits was founded by Frank Brown
in 1955 and moved to the Salem location in 1968 or 1969. The company is very busy and
business has grown 50% in the last year. The average length of employment is 17 years, and
twenty-one new employees were hired last year. Several large customers have seen the current
building and have expressed concern over meeting production. Thermal Circuits is the sole
Asu plier to Xerox, Toastmaster, etc. The company has enjoyed a good relationship with the City
the years. The company is within 30' of a densely populated neighborhood and there have
been no neighborhood complaints. The company's 6-10 year plan calls for expansion. The
company is stable and employs different types of workers while staying competitive. Company
brochures were distributed to boardmembers.
Architect Kevin Quinn described the 16' concrete block and glass building planned for the site.
Mr. Klein added that no signage has been yet designed but that the building will be small and
tastefully done. There will be no evening lighting since the business is not retail in nature.
• David Hart asked about the HVAC plans and the noise level for nearby neighbors. Mr. Quinn
replied that the units will be very small and quiet roof top air conditioner units . They anticipate
daytime single shift work only. Mr. Klein stated that there are several large window and roof
air conditioners in the dense neighborhood and there have been no neighborhood complaints. Mr.
Hart said that his concern was any noise from 11:00 p.m through 7:00 a.m. Mr. Klein stated that
most work is done during one day time shift with occasional overtime. He did not anticipate any
problem. Mr. Luster added that the Planning Department could check the catalog decibel levels.
Carter Vinson stated that it is 250' to the nearest residential lot. William Luster replied to John
Moustakis that he was not aware of any complaints regarding Maynard Plastics which is a larger
building. Councillor Donahue agreed although there have been some complaints about odors.
Dennis Colbert of 37 Clark St. asked if there would be any odors generated. Mr. Klein
responded that there is some isopropyl alcohol used in small quantities and some dry laminating
but there should be no problems.
Walter Power directed Thermal Circuits to work with the Planning Department concerning the
air conditioning specifications and any roof top units as well as signage. Preston Hall stated that
the street will be treed and lighted. Architect Quinn stated that there will be two parking lot
lights and that the rest of the lot will be lit off of the building.
Walter Power read comments received from the City Engineer, the Fire Department, Building
Inspector, and Conservation Commission. The plan will be presented at the next Conservation
Commission meeting as well as the next Board of Health meeting.
•
Page 5 of 8: 4-06-95 Planning Board Minutes
•
The Planning Board considered the waiver requests and draft decisions. Carter Vinson
recommended that if the Conservation Commission substantially changes their original order of
conditions that the Planning Department be notified and that the Planning Board review the
matter. The members discussed the installation of two sidewalks as opposed to one.. Walter
Power said that the addition of the second sidewalk could be made a condition of future
proposals.
Carter Vinson expressed great concern aliol4lcompletipn.of the project being *i* r;;
completiOn of the Essex St. Bridge. He proposed issuing a specific time period such as 80%
completion within 9 months. He then suggested completion within one year. He stated that
although this appeared to be for a good cause, he wanted the project completed expeditiously and
construction to coincide with the Essex St. bridge construction. Both Beth Debski and William
Luster stated that the special permit is valid for two years. Attorney Serafini said that this would
create problems for the funding source. He added that this is more restrictive than allowed by
law and did not believe that the proposal should be linked with another project over which the
developer, Thermal Circuits, nor the City have any control. Attorney Serafini stated that he
would not want to limit the company by more than the two year permit allows and suggested
wording such as "proceed diligently". Bill Cullen asked what the reasoning would be to shorten
the two year permit to Thermal Circuits. Mr. Vinson responded that there would be an incentive
• to complete the project to coincide with the Essex St. bridge project. He added that the Planning
Board would not normally hear a site plan review and a wetlands flood permit in one meeting.
Mr, uster stated that the City has no control over the Essex St. Bridge project. Lee Harrington
that the financing for the project is already in place. Attorney Serafuu confirmed this and
said that Thermal Circuits is working with the Shawmut Bank. Mr. Luster added that the
company would not want to give up their right to a two year permit allowed by law. Mr. Vinson
replied that he wanted all of the construction to occur at one time. He does not want to see
traffic interrupted again with the construction of the industrial park after the bridge is finished.
Attorney Serafini stated that this whole process was put in motion based upon the fact that the
business was ready to move in immediately to another already completed site out of town. By
limiting the time frame and linking the project to the completion of the bridge, there are other
agencies which would be involved from county to state. The funding would be in danger.
Chairman Power recommended that the language suggested by Attorney Serafini be considered
sufficient. William Luster replied to David Hart that the permit would require the start of
construction within two years. He knew of no condition specifying the completion of
construction.
John Moustakis said that the reason that this project is before the board is to keep this business
in Salem. The City has made a commitment to get the project going. He added that the board
should stay with standard regulations. Carter Vinson responded that the process is going more
• quickly than it normally would. He added that the company could decide against the site.
William Luster said that it is not likely that another user could be found for the exact same site.
• Page 6 of 8: 4-06-95 Planning Board Minutes
Carter Vinson stated that he was surprised by the opposition to his suggestion. Bill Cullen
suggested as a worst case scenario that a fire could occur. This would be an unforeseen and
uncontrollable setback that could push the project back. He recommended the standard and legal
two year permit. Carter Vinson said that the developer has a history of not finishing within the
stated time frame. Lee Harrington commented that it would hurt the overall project to add
another condition.
Lee Harrington moved to approve the suggested draft decision with the seventeen conditions as
presented. Chairman Power did not recognize the motion since the board was still in Public
Hearing. David Hart offered the example of Somerville Lumber and Fafard as proof that the
business wants this project enough to make sure that it is completed despite developer problems.
Tony Klein said as a business man the intent is there. John Moustakis stated that the City is
attempting to send the right message to encourage businesses to stay in Salem.
David Hart moved that the Public Hearing for Thermal Circuits be closed. Lee Harrington
seconded the motion, and it was approved unanimously.
Bill Cullen moved to grant a waiver for the length of dead end street longer than 500 feet. Lee
• Harrington seconded the motion, and it was approved unanimously.
Lee Harrington moved to grant a waiver for sidewalk on one side only to Fafard Real Estate
Development Corporation. Any further development within the Industrial Park on the right side
of the road will be required to install a sidewalk the length of the access road. John Moustakis
seconded the motion, and it was approved unanimously.
Lee Harrington moved to grant a waiver for centerline radii less than 230 feet to Fafard Real
Estate Development Corporation. Bill Cullen seconded the motion, and it was approved
unanimously.
Bill Cullen moved to approve the definitive subdivision plan as amended presented by the Fafard
Real Estate Development Corporation. Lee Harrington seconded the motion, and it was approved
unanimously.
Carter Vinson moved to approve the Fafard Real Estate Development Corporation site plan
review special permit, business park development special permit and wetlands and flood hazard
district special permit as amended. Bill Cullen seconded the motion, and it was approved
unanimously.
Attorney Serafini and Mr. Klein both thanked the board.
• A five minute recess was held.
• Page 7 of 8: 4-06-95 Planning Board Minutes
MCDONALD'S OF TRADERS WAY: PROPOSED INDOOR PLAY FACILITY
Mr. Annibale representing McDonald's of Traders Way addressed the board concerning the
proposed addition of an indoor play facility to the building. Mr. Annibale presented drawings
depicting the revised plan. The additional seating area was reduced from 40 to 24 plus two
benches. Split rail fencing will be added as a barrier near the alarmed emergency exit at the
drive through lane. The rear view of the building from Highland Ave. will be improved by a
"Playplace" sign approximately 19'4". Mr. Annibale reported that he has met with the Building
Inspector who approved the initial plan.
Beth Debski commented that the current signage is very close to the maximum allowable, and
that existing signage would have to be modified to incorporate any new signage. David Hart
asked what experience McDonald's and Mr. Annibale have with the Series 2000 franchises. Mr.
Annibale responded that at the smaller franchises drive through customers account for 52% of
the business and studies have shown that this percentage does not change with the introduction
of an indoor play facility. He stated that in Marlborough this concept managed to recapture the
17% of lost business from a nearby Wendy's restaurant. Mr. Hart expressed concern about the
area and added that increased business would increase the traffic. He said that the plan would
reduce pedestrian space and create a dangerous condition at the drive through lane. Walter Power
• reported broken and very full dumpsters at the location and said that the enclosure should be
redesigned. He added that there was not very much landscaping. ;iIf
AI
u�
David Hart said that since this is a new concept and there is a question of safetj4he would
recommend that the board plan a site visit to the area.
The site visit will be held Saturday, April 8, 1995 at 3:30 p.m.
Councillor Donahue recommended changing the driveway. He added that it was not sighted
properly and is not aesthetically pleasing. Mr. Annibale answered that the plan falls within
regulations and that it is not uncommon for a McDonald's to be right against a curb. Bill Cullen
recommended extending,the drive through into the parking area to create an area of refuge.
David Hart stated that it was a tight and restrictive parking area.
MINUTES OF 3-23-95 MEETING
The minutes were reviewed and corrections and changes were suggested. No vote was taken on
the matter.
OLD/NEW BUSINESS
John Moustakis reported that Spinale Auto has at least 17 cars on his Bridge St. lot. Beth Debski
• will draft a letter to the owner and request that he appear before the Planning Board.
Page 8 of 8: 4-06-95 Planning Board Minutes
Walter Power asked Beth Debski if the Suburu dealership on Canal St. had complied with the
conditions. Beth Debski responded that the curbing is in place.
Beth Debski will arrange an informational meeting of the Planning Board and the Board of
Appeals for May 16, 1995. The meeting will be posted.
ADJOURNMENT
There being no further business before the Planning Department, Carter Vinson moved to adjourn
the meeting of April 6, 1995 at 10:47 p.m. Lee Harrington seconded the motion, and it was
approved unanimously.
Respectfully Submitted
By:
Debra A. Tucker
Acting Clerk
•
•
• From:Sacco Fax:(SOOR45-1978 Woo:1508j1E5-1978 To:BETM OEBSNI at:SALEM PLRNMNC DEPT Poo]08 Tuoo0ry,AFCIW,10510:09:41 PM
• SALEM PLANNING BOARD
MINUTES OF MEETING
THURSDAY, MARCH 23, 1995
A regular meeting of the Salem Planning Board was held on Thursday,
March 23, 1995 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,
John Moustakis, Bill Cullen, Kosta Prentakis, Lee Harrington, Chuck Puleo,
and Gene Collins. Also present were City Planner William Luster, Assistant
City Planner Beth Debski and Eileen Sacco, Clerk.
PLANNED UNIT DEVELOPMENT - SPECIAL PERMIT - STOP & SHOP
DECISION
Carter Vinson recused himself from discussion of this matter.
City Planner William Luster addressed the Board and noted that since the
• last meeting of the Planning Board the Planning Department has re-written
the draft decision into a decision. He also noted that some changes have
been made since the last meeting. Mr. Luster read through the decision and
explained the changes that have been made.
Mr. Luster also noted that on the advice of the City Solicitor they have cited
each of the findings that were included in the presentations or submittals to
the Board individually at the beginning of the decision. ( A copy of the
decision is attached to these minutes as "EXHIBIT A".)
After reviewing the decision, Walter Power asked if any of the members had
any questions regarding it.
Walter Power referred to page 8 item D of condition #112 and requested that
the following sentence be changed. "The design plans shall support the
recently announced, State-funded improvements on Boston Street and shall
include, but not be limited to resetting of the curbing, new sidewalks, tree
plantings, and a coordinated, computer controlled hard wired traffic signal
• l
. From:Sacco Fax:DM)745.1916 VoIca:(MR)7e5-19)6 To:BETN GEBSKI W SALEM PLANMNG GE" Papa306 TVaaeay,APrII04.199510:3S:49AM
• system along the length of Boston Street from Howley Street to Bridge
Street." The change is that the words hard wired were inserted.
David Hart referred to condition #10 on page 6 regarding the Harmony Grove
Road "Hillside" Clean-up. He requested that the extent of the properly along
Harmon Grove Road that is to be cleaned up be defined. Bill Luster stated
that the intent of the condition for the clean-up of the hill was to the property
line at Salem Oil and Grease, and that could be added.
There being no further questions or comments regarding this decision; a
motion was made by Gene Collins to approve the decision for the Planned
Unit Development - Special Permit - for Stop & Shop Supermarket Co.,
seconded by Lee Harrington and a roll call vote was taken as follows:
Chuck Pulco Yes
Kosta Prentakis Yes
John Moustakis Yes
William Cullen Yes
Gene Collins Yes
David Hart Yes
• Lee Harrington Yes
Walter Power Yes
The motion carried 8-0.
PUBLIC HEARING - SITE PLAN REVIEW SPECIAL PERMIT - 296
HIGHLAND AVENUE
Mr. Gary Nadeau and Dr. Miroslaw Kanlorosinski addressed the Board and
presented a request for Site Plan Review Special Permit for property located
at 296 Highland Avenue, for the proposed construction of a 2,808 s.f.
addition to house a Bagel Shop. They noted that the proposed addition
would add 1,600 s.f to the existing building which currently houses a auto
repair shop. They also noted that the existing tenant has agreed to relocate.
Carter Vinson asked if there was any litigation pending regarding this
property. Mr. Nadeau replied that there was none. Carter Vinson asked if
the Board of Appeal decision was under appeal. Mr. Nadeau stated no.
• 2
From:Saccc Fa9:(SO9)Te549F6 Voice:(50B)TE54916 To:ISM DEBSKI at:SALEM PIANMMC DEPT P.,a 06 Tuo.dry,WIN,199510:40:49 AM
• Bill Cullen referred to page 2 of their proposal and asked if the hours of
operation of a.m. to 6 p.m. included the one hour of preparation time that
was mentioned in the proposal. Mr. Nadeau stated that the one hour would
be prior to the opening of the store, so that the employees would be in the
store from 5 a.m. to 7 p.m.
Kosta Prcntakis asked how many employees they would have. Mr. Nadeau
stated that they would have 6 or 7 employees. Kosta Prentakis also
questioned the amount of parking spaces that are planned, noting that you
need one space for every 4 seats and they have 21 spaces listed in the
narrative. Dr. Kantorosinski stated that they have been working with the
Planning Department and that 21 spaces is the number that was decided. He
also explained that they had originally planned for 60-80 seats, but that
number has been changed to 54.
Beth Debski read a letter from Building Inspector Leo Tremblay stating that
the proposal meets density and zoning requirement. She will have Mr.
Tremblay confirm that the parking is adequate.
Carter Vinson asked if the roof top equipment would be running 24 hours a
• day. Mr. Nadeau stated that the air conditioning could run continuously.
Carter Vinson asked that they provide the Board with ratings and noise
information from the manufacturer.
David Hart requested that they also provide noise information on the heating
units as well.
Walter Power opened the hearing up to Public Comment at this time.
Richard Williams of 3 Thomas Circle addressed the Board and stated that he
is the direct abutter of the rear line of the property. He also noted that he
thinks that a Bagel Shop is a good idea and he is all for it, but that he has a
few concerns.
Mr. Williams noted that the plans do not show a way to get to the back of the
property, noting that he is concerned that at some point they will be back to
put in a 40 foot roadway. 1\4r. Williams also expressed his concern about
noise. He stated that the present barrier is fine, but noted that if they touch
• 3
From:S.m Fax:1509p454976 VoMC(509)T65-09T9 To:BEM OESSM H:SALEM PLAMMM;OE" Pt9F6o19 TV9,E9Y,ApAl%,199510:41S6AM
• the slope at all it would change that. Mr. Nadeau stated that he has no plans
to touch that slope.
Mr. Richard Deschamps addressed the Board and stated that his mother
owns the properly and noted that they put an easement in so that if the rear of
the property were to be developed it would be possible.
Walter Power stated that the Board would have a site visit to the property
before they make a decision on the proposal.
David Hart stated that he felt that the issue should be dealt with and that the
Board could look at that at the site visit.
Lee Harrington recalled that Mr. Nadeau has been before the Board
previously with another proposal which was not approved. He stated that he
felt that it would nice if the Board could act on this proposal quickly so that
Mr. Nadeau is not held up any more than necessary.
Beth Debski noted that the agenda for the April 6, 1995 meeting is quite full
with the Fafard Proposal and that the Thermal Circuits Proposal both being
• held on that evening, and they both could be lengthy discussions. She
suggested that the Board continue the Public Hearing to April 20, 1995.
Lee Harrington stated that he would like to see the process expediated since
Mr. Nadeau has had to wait a long time.
John Moustakis suggested that the Board could have a special meeting for
this proposal.
Mr. Nadeau stated that he is scheduled to meet with the Board of Health on
April 11, 1995.
The Board decided to hold the site visit for the proposal on Saturday April 8,
1995 at 4:00 p.m.
Motion made by David Hart to continue the Public Hearing to April 20, 1995
seconded by Lee Harrington and approved unanimoulsy.
• 4
From:Sacco Fax:( )745A979 Woo:(5MT<5-09TS To:SETH GEBSKI 9:SALEM PLANNING GE" Fag.9 ol9 Toa.dWApr0Ga,199510:42. 5AM
• APPROVAL OF MINUTES
The minutes of the meeting of March 9, 1995 were presented for approval.
Motion made by John Moustakis to approve the minutes of the meeting of
March 9, 1995 as amended, seconded by Chuck Puleo and approved
unanimously.
OLD/NEW BUSINESS
Carter Vinson requested that the Board send a letter to Debbie Hurlburt
thanking her for her dedicated service to the Board. Debbie is leaving the
Planning Department for a position in Beverly.
There being no further business to come before the Planning Board at this
meeting, a motion was made by Carter Vinson to adjourn the meeting,
seconded by Bill Cullen and approved unanimously.
The meeting was adjourned at 9:30 p.m.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
PB032395
• 5
Flom:Snm> Fa:(M)T4549T5 VOIFF:(SM745d975 To:BETH DEBSKI at:SALEM PUNNING DEPT PspF90fe TU98d".W194.199510:38:/7"
1
SALEM PLANNING BOARD
• C
MINUTES OF MEETING
THURSDAY, MARCH 23, 1995
A regular meeting of the Salem Planning Board was held on Thursday,
March 23, 1995 at 7:30 p.m. in the second floor conference room at Onc
Salem Green.
Those present were: Chairman Walter Power; Carter Vinson, David Hart,
John Moustakis, Bill Cullen, Kosta Prentakis, Lee Harrington, Chuck Puleo,
and Gene Collins. Also present were City Planner William Luster, Assistant
City Planner Beth Debski and Eileen Sacco, Clerk.
PLANNED UNIT DEVELOPMENT - SPECIAL PERMIT - STOP & SHOP
DECISION
Carter Vinson recused himself from discussion of this matter.
City Planner William Luster addressed the Board and noted that since the
• last meeting of the Planning Board the Planning Department has re-written
the draft decision into a decision. He also noted that some changes have
been made since the last meeting. Mr. Luster read through the decision and
explained the changes that have been made.
Mr. Luster also noted that on the advice of the City Solicitor they have cited
each of the findings that were included in the presentations or submittals to
the Board individually at the beginning of the decision. ( A copy of the
decision is attached to these minutes as "EXHIBIT A".)
After reviewing the decision, Walter Power asked if any of the members had
any questions regarding it.
Walter Power referred to page 8 item D of condition #12 and requested that
the following sentence be changed. "The design plans shall support the
recently announced, State-funded improvements on Boston Street and shall
include, but not be limited to resetting of the curbing, new sidewalks, tree
plantings, and a coordinated, computer controlled hard wired traffic signal
l
•
From:Saco F..:t50S71O.1276 Valet 1509)US-1976 To:8E 0ESSKI It:SALEM PLPNMM DE" Pepe3015 TU090ry,NPtlIW.1YY510:3Y:N"
• system along the length of Boston Street from Howlev Street to Bridge
Street." The change is that the words hard wired were inserted.
David Hart referred to condition #10 on page 6 regarding the Harmony Grove
Road "Hillside" Clean-up. He requested that the extent of the properly along
Harmony Grove Road that is to be cleaned up be defined. Bill Luster stated
that the intent of the condition for the clean-up of the hill was to the property
line at Salem Oil and Grease, and that could be added.
There being no further questions or comments regarding this decision, a
motion was made by Gene Collins to approve the decision for the Planned
Unit Development - Special Permit - for Stop & Shop Supermarket Co.,
seconded by Lee Harrington and a roll call vole was taken as follows:
Chuck Pulco Yes
Kosta Prentakis Yes
John Moustakis Yes
William Cullen Yes
Gene Collins Yes
David Hart Yes
• Lee Harrington Yes
Walter Power Yes
The motion carried 8-0.
PUBLIC HEARING - SITE PLAN REVIEW SPECIAL PERMIT - 296
HIGHLAND AVENUE
Mr. Gary Nadeau and Dr. Miroslaw Kantorosinski addressed the Board and
presented a request for Site Plan Review Special Permit for property located
at 296 Highland Avenue, for the proposed construction of a 2,808 s.f.
addition to house a Bagel Shop. They noted that the proposed addition
would add 1,600 s.f. to the existing building which currently houses a auto
repair shop. They also noted that the existing tenant has agreed to relocate.
Carter Vinson asked if there was any litigation pending regarding this
property. Mr. Nadeau replied that there was none. Carter Vinson asked if
the Board of Appeal decision was under appeal. Mr. Nadeau stated no.
2
•
From:Suao Fax!(506)T<5d916 Voice:(506)7<549T6 To:EETM GEBSM1.L SALEM PLANMNG GEPT Page C 06 TUOTOW.AWIW,19%10:40:49 AM
• Bill Cullen referred to page 2 of their proposal and asked if the hours of
operation of 6 a.m. to 6 p.m. included the one hour of preparation time that
was mentioned in the proposal. Mr. Nadeau stated that the one hour would
be prior to the opening of the store; so that the employees would be in the
store from 5 a.m. to 7 p.m.
Kosta Prentakis asked how many_ employees they would have. Mr. Nadeau
stated that thev wrould have 6 or 7 employees. Kosta Prentakis also
questioned the amount of parking spaces that are planned, noting that you
need one space for every 4 seats and they have 21 spaces listed in the
narrative. Dr. Kantorosinski stated that they have been working with the
Planning Department and that 21 spaces is the number that was decided.. He
also explained that they had originally planned for 60-80 seats, but that
number has been changed to 54.
Beth Debski read a letter from Building Inspector Leo Tremblay stating that
the proposal meets density and zoning requirement. She will have Mr.
Tremblay confirm that the parking is adequate.
Carter Vinson asked if the roof top equipment would be running 24 hours a
• day. Mr. Nadeau stated that the air conditioning could run continuously.
Carter Vinson asked that they provide the Board with ratings and noise
information from the manufacturer.
David Hart requested that they also provide noise information on the heating
units as well.
Walter Power opened the hearing up to Public Comment at this time.
Richard Williams of 3 Thomas Circle addressed the Board and stated that he
is the direct abutter of the rear line of the property. He also noted that he
thinks that a Bagel Shop is a good idea and he is all for it; but that he has a
few concerns.
Mr. Williams noted that the plans do not show a way to get to the back of the
property; noting that he is concerned that at some point they will be back to
put in a 40 foot roadway. Mr. Williams also expressed his concern about
noise. He stated that the present barrier is fine, but noted that if thev touch
3 .
•
From:Sacco Fax:MO)TO 1976 Voice:1S0817454876 To:SETM GEBSNI at:SALEM PUNNING GEPT Pages of TundW.April U,1W510:<133 AM
• the slope at all it would change that. Mr. Nadeau stated that he has no plans
to touch that slope.
Mr. Richard Deschamps addressed the Board and stated that his mother
owns the properly and noted that they put an easement in so that if the rear of
the property were to be developed it would be possible.
Walter Power stated that the Board would have a site visit to the propem
before they make a decision on the proposal.
David Hart stated that lie felt that the issue should be dealt with and that the
Board could look at that at the site visit.
Lee Harrington recalled that Mr. Nadeau has been before the Board
previously with another proposal which was not approved. He stated that he
felt that it would nice if the Board could act on this proposal quickly so that
Mr. Nadeau is not held up any more than necessary.
Beth Debski noted that the agenda for the April 6, 1995 meeting is quite full
with the Fafard Proposal and that the Thermal Circuits Proposal both being
• held on that evening, and lhev both could be lengthy discussions. She
suggested that the Board continue the Public Hearing to April 20, 1995.
Lee Harrington stated that lie would like to see the process expediated since
Mr. Nadeau has had to wait a long time.
John Moustakis suggested that the Board could have a special meeting for
this proposal.
Mr. Nadeau stated that he is scheduled to meet with the Board of Health on
April 11, 1995.
The Board decided to hold the site visit for the proposal on Saturday_ April 8,
1995 at 4:00 p.m.
Motion made by David Hart to continue the Public Hearing to April 20: 1995
seconded by Lee Harrington and approved unanimoulsy.
4 .
•
From:Saco F.:1509p45a919 Votes:INM)TE54979 To:BETE GEBSNI tl:SALEM FLANMNG OE" Vt90606 TV06etV,A9�0t,199510:42[5AM
• APPROVAL OF MINUTES
The minutes of the meeting of March 9, 1995 were presented for approval.
Motion made by John Moustakis to approve the minutes of the meeting of
March 9, 1995 as amended, seconded by Chuck Puleo and approved
unanimously.
OLD/NEW BIJSR\ SS
Carter Vinson requested that the Board send a letter to Debbie Hurlburt
thanking her for her dedicated service to the Board. Debbie is leaving the
Planning Department for a position in Beverly.
There being no further business to come before the Planning Board at this
meeting, a motion was made by Carter Vinson to adjourn the meeting,
seconded by Bill Cullen and approved unanimously.
The meeting was adjourned at 9:30 p.m.
RESPECTFULLY SUBMITTED BY:
•
EILEEN M. SACCO, CLERK
PB032395
5
•
From:Sacco Faa:(SO6)7<5.106 Voice:(5M745.1616 To:51T GEBSM at:SALEM PLANMNG GEPT Page o16 Tuesday,Apra Oa,162510:05:41 AM
• SALEM PLANNING BOARD
MINUTES OF MEETING
THURSDAY, MARCH 23, 1995
A regular meeting of the Salem Planning Board was held on Thursday,
March 23, 1995 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,
John Moustakis, Bill Cullen, Kosta Prentakis, Lee Harrington, Chuck Puleo,
and Gene Collins. Also present were City Planner William Luster, Assistant
City Planner Beth Debski and Eileen Sacco, Clerk.
PLANNED UNIT DEVELOPMENT - SPECIAL PERMIT - STOP & SHOP
DECISION
Carter Vinson recused himself from discussion of this matter.
City Planner William Luster addressed the Board and noted that since the
• last meeting of the Planning Board the Planning Department has re-written
the draft decision into a decision. He also noted that some changes have
been made since the last meeting. Mr. Luster read through the decision and
explained the changes that have been made.
Mr. Luster also noted that on the advice of the City Solicitor they have cited
each of the findings that were included in the presentations or submittals to
the Board individually at the beginning of the decision. ( A copy of the
decision is attached to these minutes as "EXHIBIT A".)
After reviewing the decision, Walter Power asked if any of the members had
any questions regarding it.
Walter Power referred to page 8 item D of condition 4 12 and requested that
the following sentence be changed. "The design plans shall support the
recently announced, State-funded improvements on Boston Street and shall
include, but not be limited to resetting.of the curbing, new sidewalks, tree
plantings, and a coordinated, computer controlled hard wired traffic signal
1
•
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• system along the length of Boston Street from Howley Street to Bridge
Street." The change is that the words hard wired were inserted.
David Hart referred to condition #10 on page 6 regarding the Harmony Grove
Road "Hillside" Clean-up. He requested that the extent of the property along
Harmony Grove Road that is to be cleaned up be defined. Bill Luster stated
that the intent of the condition for the clean-up of the hill was to the property
line at Salem Oil and Grease, and that could be added.
There being no further questions or comments regarding this decision, a
motion was made by Gene Collins to approve the decision for the Planned
Unit Development - Special Permit - for Stop & Shop Supermarket Co.,
seconded by Lee Harrington and a roll call vole was taken as follows:
Chuck Pulco Yes
Kosta Prentakis Yes
John Moustakis Yes
William Cullen Yes
Gene Collins Yes
David Hart Yes
• Lee Harrington Yes
Walter Power Yes
The motion carried 8-0.
PUBLIC HEARING - SITE PLAN REVIEW SPECIAL PERMIT - 296
HIGHLAND AVENUE
Mr. Gary Nadeau and Dr. Miroslaw Kantorosinski addressed the Board and
presented a request for Site Plan Review Special Permit for property located
at 296 Highland Avenue, for the proposed construction of a 2,808 s.f.
addition to house a Bagel Shop. They noted that the proposed addition
would add 1,600 s.f. to the existing building which currently houses a auto
repair shop. They also noted that the existing tenant has agreed to relocate.
Carter Vinson asked if there was any litigation pending regarding this
property. Mr. Nadeau replied that there was none. Carter Vinson asked if
the Board of Appeal decision was under appeal. Mr. Nadeau stated no.
2
•
From:Saco Fa;(506)145A919 VoicL(5(9)145-19I8 To:13 f GEBSMI FI:SALEM PLANMNG GEPT P4yF 4019 Twt0q.April 04,I M 10:40:49 AM
• Bill Cullen referred to page 2 of their proposal and asked if the hours of
operation of 6 a.m. to 6 p.m. included the one hour of preparation time that
was mentioned in the proposal. Mr. Nadeau stated that the one hour would
be prior to the opening of the store, so that the employees would be in the
store from 5 a.m. to 7 p.m.
Kosta Prcntakis asked how many employees they would have. Mr. Nadeau
stated that they would have 6 or 7 employees. Kosta Prentakis also
questioned the amount of parking spaces that are planned, noting that you
need one space for every 4 seats and they have 21 spaces listed in the
narrative. Dr. Kantorosinski stated that they have been working with the
Planning Department and that 21 spaces is the number that was decided. He
also explained that they had originally planned for 60-80 seals, but that
number has been changed to 54.
Beth Debski read a letter from Building Inspector Leo Tremblay stating that
the proposal meets density and zoning requirement. She will have Mr.
Tremblay confirm that the parking is adequate.
Carter Vinson asked if the roof top equipment would be running 24 hours a
• day. Mr. Nadeau staled that the air conditioning could run continuously.
Carter Vinson asked that they provide the Board with ratings and noise
information from the manufacturer.
David Hart requested that they also provide noise information on the heating
units as well.
Walter Power opened the hearing up to Public Comment at this time.
Richard Williams of 3 Thomas Circle addressed the Board and stated that he
is the direct abutter of the rear line of the property. He also noted that he
thinks that a Bagel Shop is a good idea and he is all for it, but that he has a
few concerns.
Mr. Williams noted that the plans do not show a way to get to the back of the
property, noting that he is concerned that at some point they will be back to
put in a 40 foot roadway. Mr. Williams also expressed his concern about
noise. He stated that the present barrier is fine, but noted that if they touch
• 3
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• the slope at all it would change that. Mr. Nadeau stated that he has no plans
to touch that slope.
Mr. Richard Deschamps addressed the Board and stated that his mother
owns the property and noted that they put an easement in so that if the rear of
the property were to be developed it would be possible.
Walter Power stated that the Board would have a site visit to the propert}
before they make a decision on the proposal.
David Hart stated that he felt that the issue should be dealt with and that the
Board could look at that at the site visit.
Lee Harrington recalled that Mr. Nadeau has been before the Board
previously with another proposal which was not approved. He stated that he
felt that it would nice if the Board could act on this proposal quickly so that
Mr. Nadeau is not held up any more than necessary.
Beth Debski noted that the agenda for the April 6, 1995 meeting is quite'full
with the Fafard Proposal and that the Thermal Circuits Proposal both being
held on that evening, and they both could be lengthy discussions. She
suggested that the Board continue the Public Hearing to April 20, 1995.
Lee Harrington stated that he would like to see the process expediated since
Mr. Nadeau has had to wait a long time.
John Moustakis suggested that the Board could have a special meeting for
this proposal.
Mr. Nadeau stated that he is scheduled to meet with the Board of Health on
April 11, 1995.
The Board decided to hold the site visit for the proposal on Saturday April 8,
1995 at 4:00 p.m.
Motion made by David Hart to continue the Public Hearing to April 20, 1995
seconded by Lee Harrington and approved unanimoulsy.
• 4
From:Sacco Faa:(M)1d5-100 Voice:(5W)7454918 To:BETN DEBSKI at:SALEM PLANMNG 06" Pa9oBol9 Tuaa0agAo11%,199510:aM M
• APPROVAL OF MINUTES
The minutes of the meeting of March 9, 1995 were presented for approval.
Motion made by John Moustakis to approve the minutes of the meeting of
March 9, 1995 as amended, seconded by Chuck Puleo and approved
unanimously.
OLD/NF_W BUSINESS
Carter Vinson requested that the Board send a letter to Debbie Hurlburt
thanking her for her dedicated service to the Board. Debbie is leaving the
Planning Department for a position in Beverly.
There being no further business to come before the Planning Board at this
meeting, a motion was made by Carter Vinson to adioum the meeting,
seconded by Bill Cullen and approved unanimously.
The meeting was adjourned at 9:30 p.m.
RESPECTFULLY SUBMITTED BY:
EIL EN M. SACCO, CLERK
PB032395
5
•
c�
b
N
CITY OF SALEM PLANNING BOARD = > T
IN RE: APPLICATION OF THE STOP & SHOP SUPERMARKET COMPANInANWI
JOHN C. JEFFERS FOR A SPECIAL PERMIT UNDER SECTION 7-15 OF
THE ZONING ORDINANCE OF THE CITY OF SALEM
This Decision is rendered upon an application for a Special Permit for a Planned Unit
Development (the "PUD") pursuant to Section 7-15 of the Zoning Ordinance of the City of Salem
(the "Ordinance"). The application was submitted on April 15, 1994, by The Stop & Shop
Supermarket Company and John C. Jeffers, (collectively the "Applicant") together with a site
• plan entitled "Proposed Supermarket Peabody & Salem, Mass.," dated June 15. 1993 and revised
April 20, 1994, Prepared For Stop & Shop Supermarket, by Eastern Land Survey Assoc., Inc.
(the "Plan"). The proposed PUD would create a mixture of uses on the Site including a retail
supermarket, a lumber yard/mill and residential dwellings.
The Board, within seven (7) days after receipt of the application, transmitted a copy of
the application and the plan to the Inspector of Buildings, the City Engineer, the Board of Health
and the Conservation Commission. Notice of the filing of the application was also given to the
City Clerk, the Fire Department, the Police Department, Superintendent of Streets and the School
Department.
The City Solicitor has reviewed the application and has advised the Planning Board that
the application satisfied the threshold requirements for a PUD application.
After receiving the necessary and timely extensions for commencing the hearing from the
Applicant, Notice of Public Hearing by the Board of this application was duly published in the
Salem News on September I and September 8 and duly mailed to all persons entitled thereto by
• law.
I
A public hearing on the application was held in accordance with such notice at 7:30 P.M.
• on September 15, 1994, in the Community Auditorium of the Salem Police Station. The public
hearing was continued to October 19, 1994, November 17, 1994, and January 5, 1995 in the
cafetorium at the Bentley Elementary School. The public hearing was closed on January 5, 1995.
The following members of the Board were present at each session of the public hearing: Walter
B. Power, III, Chuck Puleo, Kosta Prentakis, John Moustakis, William Cullen, Gene Collins,
David Hart, and Lee Harrington. Board member Carter Vinson, citing a conflict of interest,
recused himself from the public hearing and all Stop & Shop deliberations.
Reports on the Application were received from the following Boards and Officers:
I. Inspector of Buildings - July 12, 1994
2. City Engineer - March 3, 1995
3. Board of Health - December 14, 1994
4. Conservation Commission - July 14, 1994
The Board has made a thorough study of and has given full consideration to, all
• documents, plans and other materials submitted by the Applicant and by members of the public;
the reports and correspondence, written or otherwise, of the Inspector of Buildings; the City
Engineer; the Board of Health, the City Solicitor and the Conservation Commission and all
statements made and other materials presented and submitted at the Public Hearing and at other
public meetings of the Board at which the application was discussed, and therefore makes the
following findings:
1. The proposed Planned Unit Development maintains the existing multi-family
dwellings along Boston Street while modernizing the existing lumber business
located there.
2. The development of the Industrial/Commercial parcel, which has been vacant for
ten years, will generate new business activity on the site, create jobs, both full and
part time, and generate tax revenue for the City of Salem.
3. The Applicant has studied and will remediate any contamination found at the site
in accordance with regulations of the Massachusetts Department of Environmental
• Protection.
2
J
4. The Planned Unit Development parcel contains more than sixty thousand (60,000)
• square feet of land.
5. A traffic study was undertaken by the Applicant to determine the traffic needs of
the area surrounding the site.
6. An analysis of the Applicant's Traffic Study was done by a Consultant retained by
the Planning Board and determined that such study was prepared in a technically
competent manner and in accordance with guidelines and accepted standards of
State and local governing agencies.
7. As a result of the traffic study, the Applicant has agreed to work cooperatively
with the City in planning and designing appropriate improvements for the area,
and the Applicant shall contribute funds toward the completion of such
improvements as mutually agreed to by the Board and the Applicant as outlined in
this Decision.
8. The Planned Unit Development parcel is located within a wetlands and flood
hazard district, and therefore the Applicant is required to obtain a Special Permit
under Section 7-16 of the Zoning Ordinance.
• 9. Parking and loading requirements, as well as maximum bulk and yards, are
hereby established as per the plans and dimensions submitted.
10. The minimum lot frontage limitations of Section 7-15 of the Ordinance have been
met according to the plans submitted.
11. The landscaping plan as submitted and conditioned herein, which includes fencing
and tree planting along the perimeter of the site, mitigates the impact of the
development on the privacy and safety to the abutting neighbors.
12. The noise mitigation package as submitted and conditioned herein provides
adequate precautions to the abutting neighbors' health and welfare.
13. The proposed construction on the Site will result in an underutilized site, which
has been vacant and deteriorating for years, being cleaned and improved, thus
improving the safety and welfare of that land to the abutting properties and
neighbors.
14. The Planned Unit Development parcel consists of approximately 315,810 s.f., of
which 166,389 s.f are in Peabody.
•
3
15. The Stop & Shop Supermarket as proposed contains approximately 62,830 square
• feet of ground floor area; a mezzanine of approximately 11.560 square feet will be
devoted to office space, rest roms and storage purposes.
16. A retaining wall will be located as shown on the Plan and provide necessary
support for both the relocated Jeffers Lumber building and the Stop & Shop
Supermarket building.
The Board acknowledges that a portion of the site for the proposed PUD is located in the
City of Peabody. The Planning Department has conferred with the Peabody Planning Department
to discuss issues surrounding the application which affect both communities. Wherever possible,
concerns of the City of Peabody have been incorporated into this Decision. However, it is the
specific intent of the Board that its Decision be adhered to with regard to construction of the
project in Peabody and that such assurance be received by the Salem City Planner to his
satisfaction prior to the issuance of a building permit.
1. Therefore, the Planned Unit Development Special Permit shall be subject to the following
• conditions:
1. Conformance with Plans
All work shall conform to the following plans:
a. "Proposed Supermarket Peabody & Salem, Mass.", sheets 1-17, prepared
for Stop & Shop Supermarket, by Eastern Land Survey Assoc., Inc., dated
June 15, 1993, revised April 20, 1994.
b. "Landscape Plan", Sheet I of 1, prepared by Vanasse Hangen Brustlin,
Inc. dated 12/1/93, revised 12/19/93 and 3/8/95.
2. Overnight Storaee of Trucks
There shall be no overnight storage of trucks on the Stop & Shop portion of the
PUD.
3. Off-Hour Deliveries
All truck deliveries to the PUD shall be limited to the hours of 7:00 A.M. -
• 11:00 P.M.
4
4. Off-Hour Refuse Collection
• All refuse collection at the PUD shall be restricted to the hours of 7:00 A.M. -
11:00 P.M.
5. Site Liehtine
There shall be no direct lighting of adjacent residential properties.
a. Site lighting shall be designed to provide adequate site security, while at
the same time, providing a shield to guard against glare in surrounding
residences.
b. A detailed foot candle diagram shall be submitted to the Planning
Department. Such plan shall be reviewed and approved in writing by the
City Electrician and the City Planner prior to the issuance of a Certificate
of Occupancy.
6. Hours of Operation
The hours of operation for Stop & Shop shall be 6:00 A.M. - 11:00 P.M. Any
• amendment to these hours of operation shall be subject to the approval of the
Salem City Council in conformance with Section 7 3/4 -3, "Retail Business
Establishments - Hours of Operation", of the City of Salem Code of Ordinances.
In addition, any amendments to hours of operation shall require the approval of
the Salem Planning Board. The hours of operation for Jeffers Lumber shall be in
conformance with applicable City Ordinances.
7. Sienaee
The Applicant shall submit a detailed sign package for the entire PUD site to be
reviewed and approved in writing by the City Planner prior to the issuance of any
Certificate of Occupancy in the PUD.
8. North River Bicycle/Walking Trail
a. The Applicant shall clean debris from the North River Canal, for the entire
length of its property. Such cleaning shall be repeated annually, in
perpetuity, with notice of said cleaning to be provided to the Salem
5
Planning Department. All obvious debris shall be removed immediately.
• b. The Applicant shall contribute $25,000 to the City of Salem toward the
construction of the pedestrian/bicycle trail in conformance with the
recently completed city-wide Walking Trail Plan prepared by the Planning
Department and submitted to the Massachusetts Highway Department.
The Applicant's involvement shall be contingent upon the Salem Trail Plan
being included on the Transportation Improvement Program (TIP) of the
Massachusetts Highway Department.
9. Historical and Archaeological Review
The Applicant shall conduct a reconnaissance archaeological and historical survey
(including a historic building survey) as required by the Massachusetts Historical
Commission (MHC), the Salem Historical Commission and any and all
requirements of the Environmental Impact Report filed with MEPA.
10. Harmony Grove Road "Hillside" Clean-up
• Stop & Shop shall pick up litter and trash from the hillside of the privately-owned
properties along Harmony Grove Road, to the property line of Salem Oil and
Grease, provided that permission is granted by the private property owners.
Written permission of the owners will be submitted to the Planning Department
directly by the owners. Such clean-up shall be repeated annually, with notice of
the dates of clean-up to be provided to the Salem Planning Department and to each
of the property owners fourteen (14) days in advance of the clean-up date. Stop
& Shop shall not be liable or responsible for the clean-up of any materials dumped
on these private properties nor shall Stop & Shop be responsible for or required to
remove any debris which may be hazardous or require special disposal or clean-up
pursuant to Massachusetts General Laws.
11. Drainaee
The Applicant shall submit a revised drainage plan to the Planning Department
• depicting the recommendations of City Engineer Charles Quigley outlined in a
memo dated March 3, 1995. No portion of any land extending more than
6
thirty(30) feet into any R-2 Zoning District from the 1/R-2 Zoning District
• boundary line may be used as part of this project and therefore, no portion of the
revised drainage system shall encroach more than thirty(30) feet into the R-2
Zoning District. The revised drainage plan shall be reviewed and approved in
writing by the City Planner and the City Engineer prior to the issuance of a
Building Permit.
12. Traffic
a. Howley/Walnut Street
The Applicant shall design and construct traffic improvements at the
Howley and Walnut Streets intersection in accordance with plan entitled
"Proposed Supermarket Peabody & Salem, Mass.", sheets 1-17, prepared
for Stop & Shop by Eastern Land Survey Assoc., Inc. dated June 15,
1993, revised April 20, 1994.
b. HowleyS tree[
The Applicant shall widen Howley Street in accordance with plan entitled,
"Proposed Supermarket Peabody & Salem, Mass.", sheets 1-17, prepared
for Stop & Shop by Eastern Land Survey Assoc., Inc. dated June 15,
1993, revised April 20, 1994.
C. Howley/Main Street Intersection
The Applicant shall install a traffic signal and associated traffic
improvements at the intersection of Howley and Main Street, in
accordance with the plan entitled "Proposed Supermarket Peabody and
Salem, MA" sheets 1-17,.prepared for Stop & Shop by Eastern Land
Survey Assoc., Inc., dated June 15, 1993, revised April 20. 1994, prior to
the issuance of a Certificate of Occupancy. Prior to the issuance of any
Building Permit, the Applicant shall obtain a written commitment from the
Mayor of the City of Peabody allowing the traffic signal and the associated
traffic improvements to be installed at Howley/Main Street to be
coordinated and integrated with the proposed improvements which will be
• undertaken on Boston Street by the City of Salem and the Massachusetts
Highway Department.
7
d. Boston Street
• The Applicant shall provide the City of Salem with $150,000 to be used to
complete design and construction documents for the reconstruction of
Boston Street. The $150,000 shall supersede and is in lieu of the
$100,000 included in the Mayor's Mitigation Package for Boston Street
Traffic Improvements. Such design shall include Boston Street, from the
Howley and Main Street intersection in Peabody, continuing to the Boston
and Bridge Street intersection. The design plans shall support the recently
announced, State-funded improvements on Boston Street and shall include,
but not be limited to resetting of curbing, new sidewalks, tree plantings,
and a coordinated, computer controlled hardwired traffic signal system
along the length of Boston Street from Howley Street to Bridge Street.
The written commitment from the Mayor of Peabody received in condition
No. 12(c) shall be utilized to include the Howley Street signal in this
design.
e. Neighborhood Traffic Study
The Applicant shall provide the City of Salem with $30,000 to complete an
Entrance Corridor Study which shall define potential improvements to the
Harmony Grove Road and North Street entrance corridors. Included in
such study shall be definition of methods to improve traffic safety in the
neighborhoods which abut North and Boston Streets.
f. Mason Street Grove Street Harmony Grove Road Intersection
Upon completion of the Neighborhood Traffic Study, the City shall
commit $20,000 toward design of a traffic signal at the Mason Street,
Grove Street, and Harmony Grove Road intersection.
13. Neighborhood Improvements
The Applicant shall provide the City of Salem with $25,000 to fund Neighborhood
Improvements in the area surrounding the proposed development. The Planning
Department shall create an ad-hoc advisory group of neighbors to determine the
• most appropriate expenditure of these funds.
8
14. Landscaoine
• a. Landscaping shall conform with Landscape Plan dated 12/1/93, revised
12/19/93 and 318/95, prepared by Vanasse Hangen Brustlin, Inc. except as
specified in condition No. 14(g).
b. All curbing within the entire PUD parking area shall be vertical concrete.
All curbing at the Stop & Shop entrance and exit drives shall be vertical
granite curb.
C. The sidewalk which will be installed the entire length of Howley Street
shall be vertical granite curbing with concrete walkways.
d. The proposed row of white pines planted adjacent to the Peabody
Cemetery shall be staggered to provide more complete screening. The
proposed chain link fence shall be changed to a wooden fence. A detailed
plan of the proposed wooden fence shall be submitted to the Planning
Department for review and written approval by the City Planner prior to
the issuance of any Building Permit for the PUD.
e. Landscaping plan shall be amended to include the addition of islands at
• both ends of all aisles within the Stop & Shop parking lot. The revised
plan for the islands shall include two (2) trees per island in addition to the
shrubs as shown on the plan.
f. All trees for the project shall be a minimum of three and one-half inch
(3'/2") caliper.
g. A new planting plan which illustrates each of the amendments proposed in
condition No. 14 shall be submitted to the Planning Department within
ninety (90) days of approval of this decision and such plan shall be
approved in writing by the City Planner.
h. After all project landscaping is completed, and prior to the issuance of a
Certificate of Occupancy for the Stop & Shop building, the Applicant shall
be required to add further landscaping if such is required by the City
Planner.
i. Maintenance of all landscaping shall be the responsibility of the applicant,
• his successors or assigns.
9
15. Noise Mitieation
• a. All rooftop equipment shall be screened with the construction of a building
parapet and twelve (12) foot high acoustical screens around the store's roof
top equipment. Stop & Shop shall submit catalog cuts of the selected
panel to the Planning Department for review and written approval prior to
issuance of a Building Permit.
b. Stop & Shop shall utilize rooftop refrigeration condenser fans which
operate at a fan speed of 850 RPM.
C. If all appropriate permission from abutters is obtained, then all noise
mitigation shall conform with the landscape plan (dated 12/1/93, revised
12/19/93) and the Illustrative Sections Plan (dated 10/6/94) prepared by
Vanasse Hangen Brustlin, Inc. In addition, work shall conform with the
scaled plan and elevation figures prepared by Tech Environmental, Inc.
(dated January 30, 1995).
d. Stop & Shop agrees that the noise levels including those emanating from
the store's mechanical equipment will not exceed 44 dB(A) during the
• quietest overnight period (defined as midnight to 6:00 A.M.) as measured
in the backyard of a residence abutting the site. Permission to measure in
the backyard must be obtained from the resident prior to any sound level
measurements. Upon completion of the project, a sound level test shall be
performed during the period of the first June 15-September 15 which
follows the opening of the store, at the request of the Planning Department
by a professional sound engineer, to be paid for by Stop & Shop, to ensure
that the noise level does not exceed 44dB(A). The methods of
undertaking the sound level test shall be approved by the Planning
Department and reviewed and commented upon by Stop & Shop. A
written report of the sound level test shall be submitted to the Planning
Department. A representative of Stop & Shop may be present to conduct
or observe the sound level testing. If post construction, noise levels
exceed 44dB(A), Stop & Shop shall provide whatever mitigation is deemed
• necessary to reduce the nighttime noise level to 44dB(A). The Planning
Board acknowledges that this condition may be more stringent than the
10
Board of Health approval dated December 14, 1994 referenced in
• paragraph 20 of this decision.
e. Stop & Shop shall post a bond or place in escrow an amount of $50,000
for a period of 18 months following the issuance of a Certificate of
Occupancy. This amount may be used by the City of Salem to design and
install mitigation measures if necessary.
16. Building Materials
Elevation drawings of the new or reconstructed buildings in the PUD shall be
provided which indicate the building materials which will be used. The elevation
drawing shall be approved in writing by the City Planner prior to the
commencement of construction in the PUD.
17. Maintenance
a. The Applicant shall employ an acceptable method or means for the holding
• and disposal of trash (rubbish) during site development with a copy of this
method sent to the Planning Department and Health Department in writing
for their written approval.
b. Refuse removal, ground maintenance and snow removal shall be the
responsibility of the Applicant, his successors or assigns except that the
City will be responsible for the trash removal for the residential dwellings.
C. Winter snow and ice maintenance process shall be approved in writing by
the City Engineer.
d. Winter snow in excess of the snow storage areas shall be removed off site.
18. Community Set Aside
The Applicant shall donate $100,000 to the City of Salem to undertake community
improvement projects. Such funds shall be used at the discretion of the Mayor to
assist the City in off-setting the increase of water and sewer rates in conjunction
with the construction of the South Essex Sewerage District Secondary Treatment
• Plant.
ll
19. Summer .fobs Program
• Stop & Shop shall create a Neighborhood Summer Jobs Program which will give
preference to hiring neighborhood youth for temporary summer employment.
Evidence of such program shall be provided in writing each year to the City
Planner.
20. Board of Health
All conditions in the Board of Health decision dated December 14, 1994 are
hereby incorporated into this Decision.
21. Clerk of Works
A clerk of the works shall be provided at the expense of the applicant as deemed
necessary by the City Planner.
22. Construction Practices
• All construction shall be carried out in accordance with the following conditions:
a. No work shall commence before 8:00 A.M. on weekdays and Saturdays.
No work shall continue beyond 5:00 P.M. There shall be no work
conducted on Sundays and holidays. Inside work of a quiet nature may be
permitted at other times.
b. All construction shall be performed in accordance with the Rules and
Regulations of the Planning Board, and in accordance with any and all
rules, regulations and ordinances of the City of Salem.
23. As-Built Plans
As-built plans, stamped by a Registered Professional Engineer or Land Surveyor,
shall be submitted to the Planning Department and Engineering Department prior
to the issuance of a Certificate of Occupancy for Stop & Shop.
24. General
• a. Upon request of the Applicant, and following a public hearing, any
provision of this Special Permit may be waived or amended by a 2/3 vote of
the Planning Board.
12
25. Violations
• Violations of any condition contained herein shall result in notice being served on
the Applicant to appear before the Planning Board at its next regularly scheduled
meeting. If it is determined by the Planning Board that a violation of any of the
conditions has occurred, and if corrective action is not immediately forthcoming,
this may result in revocation of this permit by the Planning Board.
•
•
13
II. Based upon all of the written materials submitted to the Board, as well as the spoken and
• visual presentations and other oral communications received at the public hearing and
with the amendments and clarifications to the application contained as conditions in this
decision, the Board makes the following findings:
1. The proposed Planned Unit Development is in harmony with the purposes and
intent of the Ordinance and the Master Plan of the City of Salem and will promote
the purposes of Section 7-15 of the Ordinance.
2. The mixture of uses in the Planned Unit Development is determined to be
sufficiently advantageous to render it appropriate to depart from the normal
requirements of the District.
3. The Planned Unit Development will not result in a net negative environmental
impact.
• Therefore, the Board is satisfied that the project meets all of the requirements of the
Planned Unit Development Special Permit for parcels 60,000 square feet or greater as set forth in
Section 7-15 of the City of Salem Zoning Ordinance have been individually and collectively met;
and, accordingly, the Board has voted by a vote of eight(8) in favor, none opposed to grant a
Special Permit for a Planned Unit Development for construction and use of the premises pursuant
to the Applicant's application, upon and in accordance with the provisions, conditions, and
procedures set forth above.
Appeal from this decision, if any, shall be made pursuant to the Massachusetts General
Laws, and shall be filed within twenty (20) days after the date of filing of this decision in the
office of the City Clerk. Pursuant to Massachusetts General Laws, the Special Permit shall not
take effect until a copy of the decision bearing the certification of the City Clerk that twenty (20)
days have elapsed and no appeal has been filed, or that if such appeal has been filed that it has
been dismissed or denied, is recorded in the Essex South District Registry of Deeds and is
indexed under the name of the owner of record or is recorded and noted on the owners certificate
• of title.
14
Dated as of the23rd day of March, 1995.
• SALEM PLANNING BOARD
f3 ����
Walter B. Power, III
Chairman
vdui3ian.dm
•
•
15
/ I
SALEM PLANNING BOARD
• MINUTES OF MEETING
THURSDAY, MARCH 16, 1995
A regular meeting of the Salem Planning Board was held on Thursday,
March 16, 1995 at 7 : 30 p.m. in the second floor conference room at
One Salem Green.
Those present were: Chairman Walter Power, III , David Hart, John
Moustakis, Bill Cullen, Kosta Prentakis, Chuck Puleo and Gene
Collins (7 :50) . Also present were City Planner William Luster,
Assistant City Planner Beth Debski and Staff Advisor Debbie
Hurlburt.
APPROVAL OF MINUTES
The minutes of January 5, January 19 , February 2, February 9 and
February 23, 1995 were reviewed and approved as follows :
DATE MOTION SECONDED VOTE
Jan. 5 95 Cullen Hart unanimously
Jan. 19 95 Moustakis Hart unanimously
Feb. 2 95 Hart Puleo unanimously
Feb. 9 95 Cullen Puleo approved as
amended
Feb. 23 95 Hart Cullen approved as
• amended
DISCUSSION OF STOP & SHOP
Bill Luster discussed with the Board the timetable for the decision
of the Planned Unit Development for Stop & Shop as April 5, 1995 .
Mr. Luster stated that a decision must be rendered although each
issue on the chart which was discussed at the March 9, 1995 meeting
had not been closed, a draft decision is being based on the
outstanding conditions . The preamble and the close of that
decision must be reviewed by the City Solicitor.
Mr. Luster stated that the goal should be to get through tonights
meeting and by reading the draft and come to a vote on the next
meeting of March 23, 1995 .
Mr. Luster read condition #1 . Mr. Luster stated that this
condition is correct in that it reflects the set of plans and their
revisions .
Mr. Luster read condition #2 and stated that this condition is the
issue of storage of trucks . He went on to say that there plainly
shall be no trucks stored overnight on the Stop & Shop site.
Kosta Prentakis questioned whether the Board should define trucks ,
such as pick up trucks .
• 1
Bill Luster stated that he had thought of that but wanted to be as
• plain and simple as possible.
Mr. Prentakis asked what about snow storage. He stated that
generally one can't start plowing until later and may have to store
the trucks until they are able to return.
David Hart stated that the proponent had agreed to this concern
previously.
Bill Luster read condition #3 which refers to off-hour deliveries .
Mr. Luster stated that by Ordinance one is allowed to deliver from
6 a.m. to 11 p.m. however, the proponent has agreed to the Health
Department requirement for deliveries to occur from 7 a.m. to 11
p.m.
Mr. Luster read condition #4 .
Mr. Luster read condition #5 regarding site lighting and stated
that the Board would recognize this condition as our typical site
lighting condition.
Bill Luster read condition #6 regarding times of operation. Mr.
Luster stated that the additional security here is the last line in
that it requires the proponent to go back to the Planning Board if
they wanted to extend their hours . In this case because part of
• this decision of the Planning Board is to vote on the 24 hours of
operation, an additional control by the Planning Board couldn't be
washed away by the City Council .
Bill Cullen questioned whether the Council would think that we the
Board would be usurping their power.
Mr. Luster stated that Stop & Shop agreed to this previously.
Kosta Prentakis asked whether that would require a vote of 2/3 .
Mr. Luster stated that he believed that it should be a vote of 2/3 .
Mr. Luster read condition #7 regarding signage.
Kosta Prentakis questioned whether freestanding signage on the
Peabody line was included on the packet.
Bill Luster stated that perhaps it should read the entire sign
packet. This would put the onus back on the developer in that they
would have to work with both Cities to allow for signage.
Mr. Luster read condition #B regarding the Bike Trail .
Kosta Prentakis questioned whether cleaning of the North River
annually is enough.
• 2
Walter Power stated that he thought we should include language
• regarding obvious debris which should be cleaned immediately.
Bill Luster read condition #9 regarding historical and
archaeological significance.
Walter Power questioned whether it was enough to say archaeological
study.
David Hart questioned if there is an adverse effect on this area
what is the mitigation. He stated that he believed that this
should be addressed before construction. Mr. Hart asked whether
the proponent had applied to MEPA.
Mr. Luster stated that they had. He went on to state that MEPA
would clear up any other obligations there may be.
Mr. Luster read condition #10 .
Mr. Luster read condition #11 regarding drainage. Mr. Luster
stated that the Planning Department would want to fold the City
Engineer Mr. Quigley' s comments and his opinion and the issues
raised by the residents together because of the elimination of the
detention pond which would go directly into the North River. Mr.
Luster stated that he would try to make this condition more
specific hopefully with new plans involved.
• Bill Luster read condition #12 regarding traffic. Mr. Luster
stated that typically the Board would not put this type of language
in here, however Stop & Shop Companies does not have plans and
usually the Board would have the proponent conform to plans . Mr.
Luster added that this makes the developer commit to the future of
Boston Street improvements .
David Hart asked does this assure Stop & Shop to pay for a traffic
study prior to them obtaining a building permit.
Mr. Luster responded yes .
Kosta Prentakis asked if the kind of traffic light is defined which
we need.
Bill Luster stated that it was not, it could be the kind that
Vanesse had in his study.
Mr. Prentakis stated that he believed that the Board would want
this stop light functioning when the store is operating and the
condition does not say this .
Mr. Luster stated that he will add this language to state that
prior to a Certificate of Occupancy the light shall be functioning.
• 3
Walter Power asked whether it should also read that the light shall
• be coordinated and controlled or integrated and coordinated with
the traffic design.
Chuck Puleo questioned if the plan that the Board saw for relining,
stripping, etc. which is now in Peabody, is going to be the same
in Salem and if we are assured that any new work that is going to
happen in Peabody will happen.
Mr. Luster stated that he will add a C to this condition regarding
traffic improvements as well as traffic signals .
Chuck Puleo stated that there was some unresolved discussions with
Frank Ching and how much it would cost for all of Boston Street to
be completed.
Beth Debski stated that she has had discussions with Mr. Ching and
he had given her rough estimates as follows . All overhead and no
underground utilities would cost between $80-100,000 for all
lights . For a hard wire system it would cost $225, 000 . She stated
that Mr. Ching responded that if all of this would be underground
conduit that it would double the cost.
Bill Luster responded that he does not have any doubt that this
will be hardwired underground.
• David Hart asked whether the design of this is included.
Bill Luster stated that it was not.
Kosta Prentakis asked when the City would get the $150, 000 .
Mr. Luster stated that probably on the issuance of a building
permit .
Mr. Luster stated that there were two things to focus on, that it
would take 6 months to do design, then construction on that and the
City could front load this portion of improvements and then
reimburse it with Stop & Shop money.
Mr. Luster read condition 12e regarding North Street and Boston
Street traffic improvements .
Mr. Luster read condition 12f and stated that there were three
areas to focus on, the design for traffic signals at the Mason
Street, Grove Street and Harmony Grove intersections and the City
would try to seek funding through the State. Mr. Luster stated
that we could try to get this intersection listed as the third
worst intersection and try to get it put on the hazardous
intersection category for funding.
• 4
Mr. Luster read condition #13 regarding neighborhood improvements .
• Mr. Luster indicated that these improvements could be defined as a
tot lot, tree planting, etc. He added that there would be an ad-
hoc advisory neighborhood group put together to define and
prioritize these improvements for the area.
Mr. Luster read condition #14 regarding landscaping. Mr. Luster
stated that the City's Landscape Architect has review the plans and
given her recommendations .
Mr. Luster read condition #15 regarding noise mitigation. Mr.
Luster stated that the engineers from Tech Environmental stated
that they would go from an ambient level of 40-43 or 44 which is to
be measured at the closest houses .
Mr. Hart asked how we measure this and what effect the fence and
the trees would have on reduction and at what point to we measure
this .
Kosta Prentakis added who was going to measure the sound levels .
Mr. Luster stated that we need to include that information in the
condition. Mr. Luster stated that this condition of ambient noise
levels supersedes the Board of Health.
David Hart wondered if we could escrow this money.
• Mr. Luster responded that perhaps we could require a bond.
Walter Power questioned whether we were going to require a test, an
initial test as a benchmark.
Mr. Luster stated that we could also conduct testing in the summer,
winter and fall too.
Mr. Power stated that the Board should add language to conduct the
test within this time period as was the first noise level test
which should be taken at around 2 : 00 a.m.
Bill Luster read condition #16 regarding building materials .
David Hart stated that this might be an opportunity to check on
some interesting designs on this building without looking like a
box design.
Walter Power stated that the Board should try to affect the
building design and materials .
Mr. Luster read condition #17 regarding maintenance. Mr. Luster
stated that this is typical language for any project.
• 5
Mr. Luster read condition #18 regarding "Community Set Aside" . Mr.
• Luster added that this is part of the City' s mitigation packet.
Mr. Luster read condition #19 regarding the "Summer Job Program" .
Mr. Luster read conditions 20, 21, 22 and 23; Board of Health
recommendations, Clerk of Works, Construction Practices and As
Built Plans respectively.
Mr. Luster read condition #24 entitled "General . " Mr. Luster
stated that the Board can hold off of this one for now.
Mr. Luster read condition #25 regarding violations .
Mr. Luster requested that the Board take a look at the preamble and
the conclusion and report back to the Planning Board with any
issues of concerns or additions prior the Boards next meeting.
Mr. Hart stated that all the members should have received and taken
a look at a letter from Attorney Bill Dimento and consider what is
stated.
Bill Cullen stated that he has read the letter and that the City of
Salem' s Solicitor has looked at this issue of the R-2 parcel .
Bill Luster stated that it was unfortunate that at the two meetings
• which the Board discussed the R-2 parcel Attorney Dimento was not
in attendance and that the Board discussed the PUD, specifically
the R-2 parcel .
Walter Power questioned if the swale is on the R-2 parcel .
Beth Debski stated that the swale is not in the R-2 district but
that there still is a compensatory area but that it is not within
the R-2 district.
Walter Power wondered if the Board should put something into their
decision regarding the R-2 parcel .
Mr. Luster stated that there is another week that the Planning
Department can work on the R-2 district parcel in terms of
language.
David Hart wondered if the Board was vulnerable if they decided to
vote positively on it.
OLD/NEW BUSINESS
Beth Debski stated that the Board needed to set up a site visit for
the Fafard development. The Board decided on April 3, 1995 at 6 : 00
p.m.
• 6
r
• Kosta Prentakis requested that the Planning Department review the
plans for the Eastern Bank development of Traders Way.
Specifically, he wanted someone to look at the painted lines at the
exit of the site. He stated that vehicles cross over the yellow
line to exit the area and he wanted to make sure that the lines
were placed according to plans .
Bill Luster stated that he would send out Clerk of the Works Willie
Beaulieu to review situation.
There being no further business to come before the Board at this
meeting, a motion was made by Gene Collins to adjourn the meeting,
seconded by Bill Cullen and approved unanimously.
The meeting was adjourned at 9 : 30 p.m.
RESPECTFULLY SUBMITTED:
DEBRA A. L. HURLBURT
STAFF ADVISOR
•
c: \DEB\PBMINTS3 . 16
7
•
SALEM PLANNING BOARD
MINUTES OF MEETING
THURSDAY, MARCH 9, 19953��
A regular meeting of the Salem Planning Board was held on Thursday,
March 9, 1995, at 7:30 p.m. in the second floor conference room at One
Salem Green.
Those present were: Chairman Walter Power, Carter Vinson, John
Moustakis, Bill Cullen, David Hart, Kosta Prentakis, Lee Harrington, Gene
Collins, and Chuck Puleo (9:15). Also present were: City Planner William
Luster, Assistant City Planner Beth Debski and Eileen Sacco, Clerk.
PUBLIC HEARING - SITE PLAN REVIEW - FAEARD COMPANY -
PHASE 3
Kosta Prentakis recused himself from discussion of this matter.
Chairman Walter Power addressed those present and explained that due to a
• heavy agenda this evening, the Planning Board stop this portion of the Public
Hearing at 9:15, and Continue the Public Hearing to April 6, 1995.
Atty. John Serafini Sr. addressed the Board and gave an overview of the
project, noting that most Board members were not on the Board when the
original PUD was approved in 1986. He noted that this was the first PUD
application in the city, on 200 acres of land on Highland Avenue. He also
noted that the process took three years of studies and public meetings before
approval was granted. He explained that the total number of units approved
was 520, and that all studies done in relation to the project included the entire
area at complete build out. He also stated that certain design criteria
requested by the City of Salem was included in those plans.
Atty. Serafini noted that there were many jobs created and tax dollars for the
City of Salem. He estimated that the tax dollars for this project has resulted
in about 1 million dollars between the residential and the commercial
properties.
• Atty. Serafini also explained that the developer ran into financial difficulty in
the late 1980's and the projects were put on hold. He noted that he now
1
wishes to proceed. He also pointed out that it would have been very easy for
• the developer to fold and walk away as the result of his financial troubles, but
he chose to go on and see if they could complete the project.
Atty. Serafini explained that they are proposing to build 20 units, targeted for
first time buyers, noting that interest in the City of Salem is coming up and
they feel that these will sell. He noted that they propose building 5 / 4
plexes. He also noted that they had three meeting with the trustees of the
condo associations and the public, to inform them as to what they are doing.
He stated that they are committed to doing a first class job, and there are
many conditions that they have to adhere to.
Atty. Serafini introduced Janice Hamit, their Planner to explain the project.
Ms. Hamit explained that phase 3 is for 20 units, that would be similar to
those that exist in the other phases. She stated that they met with the trustees
and incorporated some of their suggestion into the plans regarding parking
and trees. She also stated that they would be tying into the existing utilities.
• Preston ??? explained that the utilities would be hooked into the existing
utilities on Whalers Lane. He also noted that they would be hooking up to an
existing fire hydrant, and water main. He stated that it is a simple site and
they wanted to eliminate complicated drainage structures.
Walter Power read a letter from Joseph Stiegliz of 35 Aurora Lane read a
letter to the Board from the Trustees of the Sanctuary Condo Association
requesting denial of the project. The letter cited the bankruptcy, shoddy
construction of the units in the Sanctuary, parking problems, and losses in the
value of their property due to the sale of rental units at a lesser price than
they paid for their units. Mr. Stiegliz's letter stated that he has seen his
investment melt away.
A letter regarding the project from the Board of Health was also submitted,
listing the standard conditions that the Board of Health issues.
David Hart asked if the width of the street is a concern as referred to in the
letter regarding parking. It was noted that the parking and emergency access
2
• is a problem. David Hart requested that a procedure be set up to poll the
Fire Department and the City Engineer regarding this.
Lee Harrington asked if the streets were built according to the specifications
dictated by the City of Salem. Walter Power noted that they are undersized
roads.
Preston ??? stated that they met with the Fire Department and the City
Engineer and they discussed problems that they have had in the past. He also
noted that the design shows the snow storage areas as they requested.
Walter Power opened the meeting up to Public Comment at this time.
John Erikson of the Trustees of the Hamlet addressed the Board and read a
prepared statement. He noted that the Sanctuary and the Hamlet are not
developments anymore, they are neighborhoods. He also stated that when
they purchased their homes they did so with the impression that the
construction would be finished in a certain amount of time, but since the
developer had his financial problems he was granted a 7 year extension.
• Mr. Erikson also expressed concern about the planned access from Tybee
Lane which is privately owned and maintained by the condo association. He
noted that there are about 60 children living in that area, and safety is a
concern. He also expressed concern that they have no guarantee that any
damage that results from blasting would be fixed in a timely manner.
Mr. Erikson requested that the streets of the neighborhood be swept daily.
Mr. Erikson also expressed concern about the significant damage that can be
done by blasting, and asked for clarification of the blasting ordinance.
Walter Power explained that pre-blasting surveys are required and they
would be notified when the blasting would occur.
Mr. Erikson also expressed concern over the displacement of wildlife as a
result of this project. He asked if they have any plan to control wildlife such
as raccoons. He also asked that they mark all of the trees that do not have to
be removed.
Mr. Erikson also noted that Whalers Lane is nearly impassable in winter,
• noting that snow storage was a problem in the winter of 1994. He also asked
if they would provide adequate screening for privacy in the new units, as they
3
did with the Hamlet and the Sanctuary. He also asked that the lighting be
consistent with the lighting in the other developments.
Mr. Erikson also addressed the issue of Management of the Condo's. He
requested that a Certified Property Manager be in place to manage the
condos. He also requested that the Board have a site visit to the area to see
the concems that the residents have.
Ward Three Councillor John Donahue addressed the Board and stated that he
is not in favor of this project due to the track record of the developer. He
commended Mr. Erikson for his well said presentation, and stated that he
shares the anger and frustration of the residents. He urged the Board to take
into consideration the wishes of these people, stating that the developer has
not been fair or cooperative with them.
Councillor Donahue stated that this is a unique situation where a developer
was given approval for 520 unit and 7 years to do it, but the time ran out and
he was given a 7 year extension because of bankruptcy, while receiving a
monthly salary that is more than anyone in this room makes.
• Dan Hallitt a Trustee of the Sanctuary addressed the Board and stated that
they spent a third of their resources on the repair of 12 roofs, and a law suit
that was for $1,600,000.00 and it was settled for $80,000.00. He wanted to
know if all five foundations would be laid at the same time. Atty. Serafini
stated that the constmction schedule had not been completed.
Mr. Hallit stated that the removal of fill from phase 4 scares him. He
requested that construction vehicles not be allowed on Whalers Lane.
Chris Burke of 65 Broad Street addressed the Board and stated that he feels
that when phase 2 was built that they seriously encroached on Highland Park.
He stated that the driveways go over the boundary wall of Highland Park,
and that there should be a buffer area in between these projects and the park
land. He referred to the Zoning Ordinance page 47. He also stated that this
development detracts from Highland Park. He stated that an ancient Indian
Trail used to go through Highland Park. Mr. Burke also noted that at each
phase of development they were supposed to provide for a passive
recreational trail, and referred to page 6 of the PUD. Walter Power noted
• that the boundary issue was raised a couple of years ago and the City did a
survey and found no encroachment, but the Board will investigate it.
4
Ronald Munroe of 8 Tybee Lane addressed the Board and expressed his
concern over condo fees. He stated that they are now paying their own water
and sewer bills, but are getting no reduction in condo fees because of
insurance premiums. He also noted that the only City services that they get
is Fire and Police, and they pay the same tax rate as everybody else. He also
stated that he thinks that Fafard is getting away with murder, and that he
should finish what he started before he is allowed to start another project.
Katie Friedman of 16 Whalers Lane addressed the Board and expressed her
concern over Swampscott Road, requesting that the condition of the road
should be looked into as it needs repairs. She also stated that she is
concerned about cut through traffic. Walter Power noted that the Board
spent considerable time on the traffic plan when the roads were laid out and
there should be no cut through traffic. He also noted that the road is
scheduled to be widened at the completion of phase 4.
Betty Sutter of 16 Flying Cloud Lane addressed the Board and stated that she
is concerned about the construction vehicles driving in and out of the
• development. She also noted that the Swampscott Bridge is scheduled to be
closed for repairs and should be closed for about a year. She also noted that
she pays full taxes to the City of Salem.
Harold Margozian of Patriots Lane addressed the Board and asked if the
Board has the power to reduce the number of units. Walter Power stated that
the Board has to be mindful of the units remaining in the PUD. He explained
that the agreement is for a specific number of units and he did not think that
the Board could reduce them. Mr. Margozian urged the Board to think about
reducing the number of units because it is a nice piece of land and would
beautify the area.
Rosalie Smithonis of 2 Aurora Lane addressed the Board and stated they
have already built 300 units, and suggested another location for the new
units.
Elaine Burke of Patriots Lane addressed the Board and requested that they
visit the owners of the condos and see the problems that they have had. She
• referred to painting problems, cement slates that continue to slope, and that
5
they have some serious construction problems. She also expressed her
concern that their property values are going down because of the disrepair.
Bill Cullen asked why this location for phase 3 was chosen. Atty. Serafini
stated that the location was chosen to complete the inner loop of Whalers
Lane.
Richard Tanzer of Whalers Lane addressed the Board and req eaed taht
damages from blasting be repaired in a timely manner.
Kenneth ?? of 61 Aurora Lane addressed the Board and expressed his
concern about the drainage on Whalers Lane. He noted that the storm drains
along the street should be maintained so that the salt used on the street would
go into the sewer and not the wetland.
Mr. Burke addressed the Board again and stated that the runoff goes into a
pipe that goes into a stream which leads to Thompsons Meadow.
Theodora Matrakis of 8 Aurora Lane addressed the Board and stated that
• they have to live with the blasting that is going on at Lynn Sand and Stone.
She also noted that she is concern about the damage that could be done to the
pipes underground. She questioned how they would know how much
damage is done. She also noted that she was never told that the area was a
blasting zone when the bought her unit.
Walter Power noted that the Board makes sure when a development is laid
out that it is planned to last a long time, and the buildings should be long
lasting.
Connie Laurier of Queensbury Drive addressed the Board and noted that the
residents have no recourse. She stated that they bought in good faith, and
asked what Mr. Fafard was going to do for the people who already live there.
She also accused the Planning Board of being ready to give Mr. Fafard
whatever he wants.
Bill Cullen took exception with Ms. Laurier's comment. He noted that they
need to have a meeting with the Building Inspector to address their concerns
• that are not related to this phase of the development.
6
ys' Otte Av °
Q
• David Hart addressed those present d stated that the Board has listened to
their concerns, but noted that it is a it of a stretch to ask the Planning Board
to force the developer to fix a roo He suggested that they explore legal
recourse.
Theodora Matrakis addressed the Board again and stated that she feels that
the blasting code needs to change, and the residents should be taken into
consideration. Walter Power noted that the developer will be require to do
pre-blasting surveys and monitor the blasting. He also stated that if the Fire
Department says they are blasting within the levels allowed by code, and that
is too much for the neighborhood, maybe the level could be changed.
Councillor Donahue addressed the Board again and stated that he introduced
a Council order asking the State Fire Marshall's Office to investigate the
blasting practices of Lynn Sand & Stone.
Sandy Lerner of 180 Whalers Lane addressed the Board and asked how they
would accessing for phase 4 to get to the fill. Walter Power replied that the
Planning Board would have a lot to say about where they take the fill and the
• impact it will have on the residents. Ms. Lerner also requested that the
blasting be limited to 3 or 4 weeks.
City Planner William Luster addressed those present and stated that tonight's
Public Hearing will be continued to April 6, 1995 and that the Board would
schedule a,site visit. He also stated that every issue that is raise regarding the
project would be addressed. He noted that this is an opportunity to develop a
clearing house. He also noted that the Public Hearing would stay open until
the Board gets all of the information it needs on the project. Mr. Luster
explained that once the Planning Board closes the Public Hearing, it has 90
days to issue a decision, and they would review all of the information
presented during that time.
Julie Murphy of 21 Patriots Lane addressed the Board and expressed her
concern that the blasting would have an impact on the already constructed
units. Walter Power stated that they would talk to the Fire Department about
that. Ms. Murphy also asked if there were any studies done recently on
Swampscott Road. Bill Luster stated that traffic counts have been done but
• there has not been a complete study.
7
• Rosalie Smithonis addressed the Board and requested that the next Public
Hearing be held in another location to accommodate more people.
Charlene Bower of Nightingale Lane addressed the Board and stated that
condo sales in Salem are down, noting that several units have been on the
market for a long time, and she does not think that Salem can support more
condos. Walter Power stated that the Planning Board does not have much
jurisdiction over that, but noted that he is happy that this is a smaller number
of units.
Theodora Matrakis of 8 Aurora Lane addressed the Board again and
expressed her concern that the developer would go bankrupt again.
Elaine Burke of 1 Patriots Lane addressed the Board and expressed her
concern about the traffic and the accident rate on Swampscott Road.
There being no further questions or comments on the matter at this time, a
motion was made by Lee Harrington to Continue the Public Hearing to April
6, 1995, seconded by Carter Vinson and approved unanimously.
• Kosta Prentakis returned to the meeting at this time.
DISCUSSION OF STOP & SHOP ISSUES
Carter Vinson recused himself from discussion of this matter.
Beth Debski reviewed the list of issues and possible resolutions. She noted
that the information from the sound engineer regarding the roof top noise was
included in the packet. Bill Luster noted that a fence would be more of a
visual screen rather than a noise barrier.
David Hart noted that the letter from Tech Environmental regarding the roof
top equipment indicated that the equipment would be operating all night. He
noted that he is concerned about the running of the equipment all night
because it is a residential neighborhood. He stated that he would like to do
some research and perhaps check Vinnin Square, so he would like to leave
this issue open for future discussion.
• Walter Power suggested contacting the building manager of the property that
abuts Stop & Shop in Vinnin Square to see if the noise there is a problem.
8
• Bill Luster stated that he did not think that the Board should do that since the
Public Hearing has been closed, and that information could be considered
new information.
Bill Cullen suggested that they could install both of the suggested solutions
stated in the letter. He noted that they could install both the parapet and an
individual noise barrier for more of a reduction in sound.
Lee Harrington stated that he lived the closest to the old Stop & Shop in
Vinnin Square and the only noise that ever bothered him was the trucks.
Walter Power suggested that the members should drive by and see if they can
detect any noise from the units at the Vinnin Square store.
David Hart suggested that the Planning Board should buy a little time from a
sound engineer and investigate what might be involved. Bill Luster stated
that he would like to get an opinion as to whether the Board can get outside
testimony after the Public Hearing has been closed, noting that it might be a
problem. David Hart disagreed noting that he has a concern and he wants an
. answer, and information that he can rely on. He also stated that it is not
logical for the Board to rely only on the information presented by the
proponents of the project. Bill Luster stated that he would check on whether
the Board could hire a consultant. Walter Power questioned whether the
Board had the money to hire a consultant. Bill Luster stated that it was not a
question of money, but whether the Board could legally seek new
information after the close of the Public Hearing.
The Board discussed the traffic on Boston Street. Bill Luster explained that a
quality study of what Boston Street needs would cost about $15,000.00. He
explained that to be eligible to State Funds the City has to have the study
done to identify the problems.
David Hart asked if the Boston Street traffic mitigation included the lights in
Peabody. Bill Luster explained that the mitigation package includes
$100,000.00 and the traffic light at Boston and Howley Street is part of the
development. It was noted that the Howley Street light is in Peabody. David
Hart noted that the Board was not part of the discussion of the mitigation
• package.
9
Bill Cullen noted that he is concerned about Grove Street and Tremont
Street, and requested that a study be done on that intersection as well. Bill
Luster explained that the City has to define a problem area and see if it is
eligible for State funding. He also stated that he thought that the intersection
would be eligible.
Walter Power expressed his concern that the traffic control system that the
Board envisions will not be in place when the project is complete, noting that
if the traffic lights from Peabody to Boston Street are not hard wired there
would be problems. Bill Luster noted that there is a cost difference between
lights that are coordinated and lights which are not. Walter Power suggested
that perhaps the Planning Board could get some money in escrow to be used
for the lights on Boston Street, in case the State decides not to fund them.
He requested that the Board get information on the cost of time
synchronization and hard wiring the lights. Bill Luster will get a range of
costs from Mr. Chaing,
John Moustakis suggested asking the State to hard wire the lights since that
seems to be the best solution. Bill Luster sated that he did not think the State
• would commit to that.
The Board discussed the drainage issues. Bill Luster noted that the City
Engineer has received the plans which eliminate the retention area, and uses
water pipes to the culvert and draining into the river.
Beth Debski noted that the landscape plan has been reviewed by Juli
Reimenschneider and that she has no major concerns. She also noted that
she requested a detailed listing of the plants.
Regarding items 12 and 15 with reference to the entrance and exit, a memo
was received from Michael Collins of the Engineering Department approving
the adequacy of the widths of the entrance and exit.
David Hart noted that he is still concerned about the possible Historic issues
of the property.
Bill Luster noted that this should be the last time the Board reviews this
• chart, and that a draft Order of Conditions should be ready for the next
meeting.
10
There being no further business to come before the Planning Board at this
meeting, a motion was made by David Hart to adjourn the meeting, seconded
by Lee Harrington and approved unanimously.
The meeting was adjourned at 10:45 p.m.
RESPECTFULLY SUBMITTED BY;
EILEEN M. SACCO, CLERK
PB030995
•
11
• SALEM PLANNING BOARD
MINUTES OF MEETING
THURSDAY, MARCH 9,1995
A regular meeting of the Salem Planning Board was held on Thursday,
March 9, 1995, at 7:30 p.m. in the second floor conference room at One
Salem Green.
Those present were: Chairman Walter Power, Carter Vinson, John
Moustakis, Bill Cullen, David Hart, Kosta Prentakis, Lee Harrington, Gene
Collins, and Chuck Puleo (9:15). Also present were: City Planner William
Luster, Assistant City Planner Beth Debski and Eileen Sacco, Clerk.
PUBLIC HEARING - SITE PAN REVIEW - FAFARD COMPANY -
PHASE 3
Kosta Prentakis recused himself from discussion of this matter.
Chairman Walter Power addressed those present and explained that due to a
• heavy agenda this evening, the Planning Board stop this portion of the Public
Hearing at 9:15, and Continue the Public Hearing to April 6, 1995.
Atty. John Serafini Sr. addressed the Board and gave an overview of the
project, noting that most Board members were not on the Board when the
original PUD was approved in 1986. He noted that this was the first PUD
application in the city, on 200 acres of land on Highland Avenue. He also
noted that the process took three years of studies and public meetings before
approval was granted. He explained that the total number of units approved
was 520, and that all studies done in relation to the project included the entire
area at complete build out. He also stated that certain design criteria
requested by the City of Salem was included in those plans.
Atty. Serafini noted that there were many jobs created and tax dollars for the
City of Salem. He estimated that-the tax dollars for this project has resulted
in about 1 million dollars between the esidential and the commercial
properties.
Atty. Serafini also explained that the developer ran into financial difficulty in
• the late 1980's and the projects were put on hold. He noted that he now
1
wishes to proceed. He also pointed out that it would have been very easy for
• the developer to fold and walk away as the result of his financial troubles, but
he chose to go on and see if they could complete the project.
Atty. Serafini explained that they are proposing to build 20 units, targeted for
first time buyers, noting that interest in the City of Salem is coming up and
they feel that these will sell. He noted that they propose building 5 / 4
plexes. He also noted that they had three meeting with the trustees of the
condo associations and the public, to inform them as to what they are doing.
He stated that they are committed to doing'a first class job, and there are
many conditions that they have to adhere to.
Atty. Serafini introduced Janice Hamit, their Planner to explain the project.
Ms. Hamit explained that phase 3 is for 20 units, that would be similar to
those that exist in the other phases. She stated that they met with the trustees
and incorporated some of their suggestion into the plans regarding parking
and trees. She also stated that they would be tying into the existing utilities.
• Preston ??? explained that the utilities would be hooked into the existing
utilities on Whalers Lane. He also noted that they would be hooking up to an
existing fire hydrant, and water main. He stated that it is a simple site and
they wanted to eliminate complicated drainage structures.
Walter Power read a letter from Joseph Stiegliz of 35 Aurora Lane read a
letter to the Board from the Trustees of the Sanctuary Condo Association
requesting denial of the project. The letter cited the bankruptcy, shoddy
construction of the units in the Sanctuary, parking problems, and losses in the
value of their property due to the sale of rental units at a lesser price than
they paid for their units. Mr. Stiegliz's letter stated that he has seen his
investment melt away.
A letter regarding the project from the Board of Health was also submitted,
listing the standard conditions that the Board of Health issues.
David Hart asked if the width of the street is a concern as referred to in the
letter regarding parking. It was noted that the parking and emergency access
2
is a problem. David Hart requested that a procedure be set up to poll the
• Fire Department and the City Engineer regarding this.
Lee Harrington asked if the streets were built according to the specifications
dictated by the City of Salem. Walter Power noted that they are undersized
roads.
Preston ??? stated that they met with the Fire Department and the City
Engineer and they discussed problems that they have had in the past. He also
noted that the design shows the snow storage areas as they requested.
Walter Power opened the meeting up to Public Comment at this time.
John Erilson of the Trustees of the Hamlet addressed the Board and read a
prepared statement. He noted that the Sanctuary and the Hamlet are not
developments anymore, they are neighborhoods. He also stated that when
they purchased their homes they did so with the impression that the
construction would be finished in a certain amount of time, but since the
developer had his financial problems he was granted a 7 year extension.
• Mr. Erikson also expressed concern about the planned access from Tybee
Lane which is privately owned and maintained by the condo association. He
noted that there are about 60 children living in that area, and safety is a
concern. He also expressed concern that they have no guarantee that any
damage that results from blasting would be fixed in a timely manner.
Mr. Eri#son requested that the streets of the neighborhood be swept daily.
Mr. Erik-son also expressed concern about the significant damage that can be
done by blasting, and asked for clarification of the blasting ordinance.
Walter Power explained that pre-blasting surveys are required and they
would be notified when the blasting would occur.
Mr. Erikson also expressed concern over the displacement of wildlife as a
result of this project. He asked if they have any plan to control wildlife such
as raccoons. He also asked that they mark all of the trees that do not have to
be removed.
Mr. ErNson also noted that Whalers Lane is nearly impassable in winter,
noting that snow storage was a problem in the winter of 1994. He also asked
• if they would provide adequate screening for privacy in the new units, as they
3
did with the Hamlet and the Sanctuary. He also asked that the lighting be
• consistent with the lighting in the other developments.
Mr. Erikson also addressed the issue of Management of the Condo's. He
requested that a Certified Property Manager be in place to manage the
condos. He also requested that the Board have a site visit to the area to see
the concerns that the residents have.
Ward Three Councillor John Donahue addressed the Board and stated that he
is not in favor of this project due to the track record of the developer. He
commended Mr. Erikson for his well said presentation, and stated that he
shares the anger and frustration of the residents. He urged the Board to take
into consideration the wishes of these people, stating that the developer has
not been fair or cooperative with them.
Councillor Donahue stated that this is a unique situation where a developer
was given approval for 520 unit and 7 years to do it, but the time ran out and
he was given a 7 year extension because of bankruptcy, while receiving a
monthly salary that is more than anyone in this room makes.
• Dan HalliWa Trustee of the Sanctuary addressed the Board and stated that
they spent a thud of their resources on the repair of 12 roofs, and a law suit
that was for $1,600,000.00 and it was settled for $80,000.00. He wanted to
know if all five foundations would be laid at the same time. Atty. Serafini
stated that the construction schedule had not been completed.
Mr. Hal stated that the removal of fill from phase 4 scares him. He
requested that construction vehicles not be allowed on Whalers Lane.
Chris Burke of 65 Broad Street addressed the Board and stated that he feels
that when phase 2 was built that they seriously encroached on Highland Park.
He stated that the driveways go over the boundary wall of Highland Park,
and that there should be a buffer area in between these projects and the park
land. He referred to the Zoning Ordinance page 47. He also stated that this
development detracts from Highland Park. He stated that an ancient Indian
Trail used to go through Highland Park. Mr. Burke also noted that at each
phase of development they were supposed to provide for a passive
recreational trail, and referred to page 6 of the PUD. Walter Power noted
• that the boundary issue was raised a couple of years ago and the City did a
survey and found no encroachment, but the Board will investigate it.
4
• Ronald Munroe of 8 Tybee Lane addressed the Board and expressed his
concern over condo fees. He stated that they are now paying their own water
and sewer bills, but are getting no reduction in condo fees because of
insurance premiums. He also noted that the only City services that they get
is Fire and Police, and they pay the same tax rate as everybody else. He also
stated that he thinks that Fafard is getting away with murder, and that he
should finish what he started before he is allowed to start another project.
Katie Friedman of 16 Whalers Lane addressed the Board and expressed her
concern over Swampscott Road, requesting that the condition of the road
should be looked into as it needs repairs. She also stated that she is
concerned about cut through traffic. Walter Power noted that the Board
spent considerable time on the traffic plan when the roads were laid out and
there should be no cut through traffic. He also noted that the road is
scheduled to be widened at the completion of phase 4.
Betty Sutter of 16 Flying Cloud Lane addressed the Board and stated that she
is concerned about the construction vehicles driving in and out of the
• development. She also noted that the Swampscott Bridge is scheduled to be
closed for repairs and should be closed for about a year. She also noted that
she pays full taxes to the City of Salem.
Harold Margozian of Patriots Lane addressed the Board and asked if the
Board has the power to reduce the number of units. Walter Power stated that
the Board has to be mindful of the units remaining in the PUD. He explained
that the agreement is for a specific number of units and he did not think that
the Board could reduce them. Mr. Margozian urged the Board to think about
reducing the number of units because it is a nice piece of land and would
beautify the area.
Rosalie Smithonis of 2 Aurora Lane addressed the Board and stated they
have already built 300 units, and suggested another location for the new
units.
Elaine Burke of Patriots Lane addressed the Board and requested that they
visit the owners of the condos and see the problems that they have had. She
referred to painting problems, cement slates that continue to slope, and that
5
they have some serious construction problems. She also expressed her
• concern that their property values are going down because of the disrepair.
Bill Cullen asked why this location for phase 3 was chosen. Atty. Serafmi
stated that the location was chosen to complete the inner loop of Whalers
Lane.
Richard Tanerof Whalers Lane addressed the Board and requested taht
damages from lasting be repaired in a timely manner.
Kenneth ?? of 61 Aurora Lane addressed the Board and expressed his
concern about the drainage on Whalers Lane. He noted that the storm drains
along the street should be maintained so that the salt used on the street would
go into the sewer and not the wetland.
Mr. Burke addressed the Board again and stated that the runoff goes into a
pipe that goes into a stream which leads to Thompsons Meadow.
Theodora Matral4s of 8 Aurora Lane addressed the Board and stated that
• they have to live with the blasting that is going on at Lynn Sand and Stone.
She also noted that she is concern about the damage that could be done to the
pipes underground. She questioned how they would know how much
damage is done. She also noted that she was never told that the area was a
blasting zone when the bought her unit.
Walter Power noted that the Board makes sure when a development is laid
out that it is planned to last a long time, and the buildings should be long
lasting.
Connie Laurier of Queensbury Drive addressed the Board and noted that the
residents have no recourse. She stated that they bought in good faith, and
asked what Mr. Fafard was going to do for the people who already live there.
She also accused the Planning Board of being ready to give Mr. Fafard
whatever he wants.
Bill Cullen took exception with Ms. Laurier's comment. He noted that they
need to have a meeting with the Building Inspector to address their concerns
that are not related to this phase of the development.
6
David Hart addressed those present and stated that the Board has listened to
• their concerns, but noted that it is a bit of a stretch to ask the Planning Board
to force the developer to fix a roof: He suggested that they explore legal
recourse. a:f-cr-s►y�
Theodora Matrakis addressed the Board again and stated that she feels that
the blasting code needs to change, and the residents should be taken into
consideration. Walter Power noted that the developer will be require to do
pre-blasting surveys and monitor the blasting. He also stated that if the Fire
Department says they are blasting within the levels allowed by code, and that
is too much for the neighborhood, maybe the level could be changed.
Councillor Donahue addressed the Board again and stated that he introduced
a Council order asking the State Fire Marshall's Office to investigate the
blasting practices of Lynn Sand & Stone.
Sandy Lerner of 180 Whalers Lane addressed the Board and asked how they
would accessing for phase 4 to get to the fill. Walter Power replied that the
Planning Board would have a lot to say about where they take the fill and the
• impact it will have on the residents. Ms. Lerner also requested that the
blasting be limited to 3 or 4 weeks.
City Planner William Luster addressed those present and stated that tonight's
Public Hearing will be continued to April 6, 1995 and that the Board would
schedule a site visit. He also stated that every issue that is raise regarding the
project would be addressed. He noted that this is an opportunity to develop a
clearing house. He also noted that the Public Hearing would stay open until
the Board gets all of the information it needs on the project. Mr. Luster
explained that once the Planning Board closes the Public Hearing, it has 90
days to issue a decision, and they would review all of the information
presented during that time.
Julie Murphy of 21 Patriots Lane addressed the Board and expressed her
concern that the blasting would have an impact on the already constructed
units. Walter Power stated that they would talk to the Fire Department about
that. Ms. Murphy also asked if there were any studies done recently on
Swampscott Road. Bill Luster stated that traffic counts have been done but
there has not been a complete study.
7
Rosalie Smithonis addressed the Board and requested that the next Public
• Hearing be held in another location to accommodate more people.
Charlene Bower of Nightingale Lane addressed the Board and stated that
condo sales in Salem are down, noting that several units have been on the
market for a long time, and she does not think that Salem can support more
condos. Walter Power stated that the Planning Board does not have much
jurisdiction over that, but noted that he is happy that this is a smaller number
of units.
Theodora Matr" of 8 Aurora Lane addressed the Board again and
expressed her concern that the developer would go bankrupt again.
Elaine Burke of 1 Patriots Lane addressed the Board and expressed her
concern about the traffic and the accident rate on Swampscott Road.
There being no further questions or comments on the matter at this time, a
motion was made by Lee Harrington to Continue the Public Hearing to April
6, 1995, seconded by Carter Vinson and approved unanimously.
• Kosta Prentakis returned to the meeting at this time.
DISCUSSION OF STOP & SHOP ISSUES
Carter Vinson recused himself from discussion of this matter.
Beth Debski reviewed the list of issues and possible resolutions. She noted
that the information from the sound engineer regarding the roof top noise was
included in the packet. Bill Luster noted that a fence would be more of a
visual screen rather than a noise barrier.
David Hart noted that the letter from Tech Environmental regarding the roof
top equipment indicated that the equipment would be operating all night. He
noted that he is concerned about the running of the equipment all night
because it is a residential neighborhood. He stated that he would like to do
some research and perhaps check Vinnin Square, so he would like to leave
this issue open for future discussion.
Walter Power suggested contacting the building manager of the property that
• abuts Stop & Shop in Vinnin Square to see if the noise there is a problem.
8
• Bill Luster stated that he did not think that the Board should do that since the
Public Hearing has been closed, and that information could be considered
new information.
Bill Cullen suggested that they could install both of the suggested solutions
stated in the letter. He noted that they could install both the parapet and an
individual noise barrier for more of a reduction in sound.
Lee Harrington stated that he lived the closest to the old Stop & Shop in
Vinnin Square and the only noise that ever bothered him was the trucks.
Walter Power suggested that the members should drive by and see if they can
detect any noise from the units at the Vinnin Square store.
David Hart suggested that the Planning Board should buy a little time from a
sound engineer and investigate what might be involved. Bill Luster stated
that he would like to get an opinion as to whether the Board can get outside
testimony after the Public Hearing has been closed, noting that it might be a
problem. David Hart disagreed noting that he has a concern and he wants an
• answer, and information that he can rely on. He also stated that it is not
logical for the Board to rely only on the information presented by the
proponents of the project. Bill Luster stated that he would check on whether
the Board could hire a consultant. Walter Power questioned whether the
Board had the money to hire a consultant. Bill Luster stated that it was not a
question of money, but whether the Board could legally seek new
information after the close of the Public Hearing.
The Board discussed the traffic on Boston Street. Bill Luster explained that a
quality study of what Boston Street needs would cost about $15,000.00. He
explained that to be eligible to State Funds the City has to have the study
done to identify the problems.
David Hart asked if the Boston Street traffic mitigation included the lights in
Peabody. Bill Luster explained that the mitigation package includes
$100,000.00 and the traffic light at Boston and Howley Street is part of the
development. It was noted that the Howley Street light is in Peabody. David
Hart noted that the Board was not part of the discussion of the mitigation
• package.
9
Bill Cullen noted that he is concerned about Grove Street and Tremont
• Street, and requested that a study be done on that intersection as well. Bill
Luster explained that the City has to define a problem area and see if it is
eligible for State funding. He also stated that he thought that the intersection
would be eligible.
Walter Power expressed his concern that the traffic control system that the
Board envisions will not be in place when the project is complete, noting that
if the traffic lights from Peabody to Boston Street are not hard wired there
would be problems. Bill Luster noted that there is a cost difference between
lights that are coordinated and lights which are not. Walter Power suggested
that perhaps the Planning Board could get some money in escrow to be used
for the lights on Boston Street, in case the State decides not to fund them.
He requested that the Board get information on the cost of time
synchronization and hard wiring the lights. Bill Luster will get a range of
costs from Mr. Chaing.
John Moustakis suggested asking the State to hard wire the lights since that
seems to be the best solution. Bill Luster sated that he did not think the State
• would commit to that.
The Board discussed the drainage issues. Bill Luster noted that the City
Engineer has received the plans which eliminate the retention area, and uses
water pipes to the culvert and draining into the river.
Beth Debski noted that the landscape plan has been reviewed by Juli
Reimenschneider and that she has no major concerns. She also noted that
she requested a detailed listing of the plants.
Regarding items 12 and 15 with reference to the entrance and exit, a memo
was received from Michael Collins of the Engineering Department approving
the adequacy of the widths of the entrance and exit.
David Hart noted that he is still concerned about the possible Historic issues
of the property.
Bill Luster noted that this should be the last time the Board reviews this
• chart, and that a draft Order of Conditions should be ready for the next
meeting.
10
There being no further business to come before the Planning Board at this
meeting, a motion was made by David Hart to adjourn the meeting, seconded
by Lee Harrington and approved unanimously.
The meeting was adjourned at 10:45 p.m.
RESPECTFULLY SUBMITTED BY;
EILEEN M. SACCO, CLERK
PB030995
•
11
SALEM PLANNING BOARD
• MINUTES OF MEETING
THURSDAY, FEBRUARY 23, 1995
A special meeting of the Salem Planning Board was held on Thursday, February 23, 1995
at 7:30 p.m. in the side conference room at One Salem Green.
Those present were: Chairman Walter Power, David Hart, Kosta Prentakis, Bill Cullen,
Lee Harrington, Chuck Puleo and Carter Vinson. Also present were, Assistant City
Planner Beth Debski, an Eileen Sacco, Clerk.
PUBLIC RIN FORM A 43 CLARK STREET MR DON I D FRISONE
Beth Debski addressed the Board and noted that on January 19, 1995 the Planning Board
granted a waiver from frontage to Mr. Donald Frisone for property located at 43 Clark
Street. She noted that once the Board has granted a waiver from frontage, and after the
appeal period has passed, the applicant can submit a Form A Application. Beth stated that
the appeal period has passed and Mr. Frisone has now submitted the Form A application.
She stated that the Form A is warranted due to the waiver from frontage that was granted,
and the lot is located on an improved street.
There being no further questions or comments regarding the matter a motion was made by
• Kosta Prentakis to approve the Form A for 43 Clark Street, seconded by Lee Harrington,
and approved 6- 0- 1 with Carter Vinson abstaining.
OLD/NEW BUSINESS
73R Lawrence Street - Withdrawal of request for Waiver from Frontage
Beth Debski addressed the Board and stated that she received a letter from the applicant
Mr. Tassinari, requesting that he be allowed to withdraw without prejudice his request for
a waiver from frontage for property located at 73 R Lawrence Street. She noted that he
may want to file a definitive subdivision plan - Form C at a later date.
There being no further comments or discussion on the matter, a motion was made by Lee
Harrington to allow Mr. Tassinari to withdraw his petition for a Waiver from Frontage for
73R Lawrence Street, seconded by David Hart and approved unanimously.
APPROVAL OF MINUTES
The minutes of the meeting of September 25, 1994 were presented for approval. Motion
made by Bill Cullen to approve the minutes of the meeting of September 25, 1995 as
amended, seconded by Lee Harrington and approved unanimously.
•
1
• The minutes of the meeting of October 6, 1994 were presented for approval. Motion
made by Lee Harrington to approve the minutes of the meeting of the meeting of October
6, 1994 as amended, seconded by Bill Cullen and approved unanimously.
The minutes of the meeting of October 19, 1994 were presented for approval. Motion
made by Lee Harrington to approve the minutes of the meeting of October 19, 1994 as
amended, seconded by Carter Vinson and approved unanimously.
The minutes of the meeting of October 20, 1994 were presented for approval. Motion
made by Lee Harrington to approve the minutes of the meeting of October 20, 1994 as
amended, seconded by Chuck Puleo and approved unanimously.
The minutes of the meeting of October 25, 1995 were presented for approval. Motion
made by Bill Cullen to approve the minutes of the meeting of October 25, 1994, as
amended, seconded by Carter Vinson, and approved unanimously.
The minutes of the meeting of November 3, 1994 were presented for approval. Motion
made by David Hart to approve the minutes of the meeting of November 3, 1994, as
amended, seconded by Carter Vinson and approved unanimously.
The minutes of the meeting of November 17, 1994 were presented for approval. Motion
made by Lee Harrington to approve the minutes of the meeting of November 17, 1994 as
• amended, seconded by Chuck Puleo and approved unanimously.
The minutes of the meeting of December 1, 1994 were presented for approval. Motion
made by Chuck Puleo to approve the minutes of the meeting of December 1, 1995 as
amended, seconded by Bill Cullen and approved unanimously.
The minutes of the meeting of December 15, 1994 were presented for approval. Motion
made by Bill Cullen to approve the minutes of the meeting of December 15, 1994, as
amended, seconded by Chuck Puleo and approved unanimously.
DISCUSSION WITH J MF.S ZEIFF - VIIJACTE AT VINNIN-PHASE 3
Mr. James Zeiff addressed the Board and noted taht t the last m ing where he discussed
his plans for phase 3 for Village mm� the Board requested aht a provide a plan of
the layout of the recovered units tah a plans to build as a result of the legal dispute that
he is having with the Town of Swampscott. He referred to the plans that indicated where
the 39 units were lost.
David Hart asked Mr. Zeiff if he is only allowed the 82 units in phase 4. Mr. Zeiff
explained the circumstances of the pending lawsuit that he has with the Town of
Swampscott and pointed out the location of where the 39 units were displaced. He noted
that if he wins the lawsuit, he can build those units wherever he wants. He also noted that
•
2
• if he loses the lawsuit he will try to fit them it. Beth Debski noted that he would be still
within density regulations.
Carter Vinson suggested that if they landscape in such a way as to create a buffer it would
be of value to the project.
Mr. Zeiff noted tal he would be back to the Board with a final plan. He also noted that
he feels that he has done a good job with his other projects and that the Board will be
pleased with this phase.
David Hart state4the was leery of approving something that exceeds density, noting
that he does not want to put the Board in the position of approving something that is not
within the density regulations. Walter Power noted that the overall density for the project
was approved in the original subdivision. Carter Vinson agreed noting that he is
concerned about putting that many units on one parcel. He also asked if the 39 units
could be spread between phases 4, 5 and 6. Mr. Zeiff stated that he would agree to that .
David Hart asked if they would be small units. Mr. Zeiff stated that they would be good
size units with the smallest being 1,149 s.f.
Motion made by Bill Cullen to allow Mr. Zeiff to recover the 39 units between phases 4,
5, and 6 subject to site plan review, and that nothing herein should be construed to mean
that the Planning Board intends to violate any zoning ordinance, seconded by Lee
• Harrington and approved unanimously.
OLD/NEW BUSINESS
Beth Debski informed the Board that at the March 9, 1995 meeting, the Public Hearing for
Phase 3 of the Fafard Development would be held. She also noted that the Board plans to
discuss Stop& Shop at that meeting as well, and suggested that they could spend an hour
and a half on each item. She also noted that she would be attending a meeting with the
Condo owners prior to that meeting, and she would inform them that the issues which
could be brought up at the Public Hearing could only be related to the Construction of
Phase 3 of the development, and not a place to air their problems that are not related with
Mr. Fafard.
David Hart requested that the minutes of previous meetings regarding the Fafard
Development be researched, so that the Board can see what the neighbors concerns are
that could be addressed by Mr. Fafard.
•
3
• 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 Carter Vinson and
approved unanimously.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
PB022395
e
•
•
4
• SALEM PLANNING BOARD T�/
MINUTES OF MEETING
THURSDAY, FEBRUARY 9, 1995
A special meeting of the Salem Planning Board was held on Thursday, February 9, 1995 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, Bill Cullen, Kosta Prentakis, Chuck Puleo, Lee Harrington, and Gene Collins.
Also present were City Planner William Luster, Assistant City Planner Beth Debski, and
Eileen Sacco, Clerk.
CONTINUATION OF Pi JBLIC HEARING - FORM A 73R LAWRENCE STREET
Beth Debski addressed the Board and requested that the Public Hearing for 73R Lawrence
Street be further continued to allow the applicant to come back to the Board with a Form
C application.
Motion made by David Hart to continue the Public Hearing for a Form A for 73R
Lawrence Street to February 23, 1995, seconded by Gene Collins and approved
unanimously.
• DISCUSSION - THERMAL CIRCUITS
City Planner William Luster addressed the Board and stated that the City was approached
by Thermal Circuits to assist them in finding a suitable location for their expansion, and
that a proposal has been put together with the Fafard Company for the Swampscott Road
site. He noted that they have come to an agreement and that the City will be providing a
Community Development Action Grant for the construction of a road which will open up
29 acres of industrial zoned land. Bill Luster also noted that Thermal Circuits has been
negotiating with another community but has agreed to stay in Salem.
Bill Luster also stated that Mayor Harrington would like to meet with the Planning Board,
the Conservation Commission, and the City Council regarding this package. He also
noted that preliminary approval could be granted the same night as the public hearing as
this has been done in other communities. He also noted that this project would use 4 of
the 29 acres of industrial land.
Carter Vinson stated that he thought it would be a good idea to do all of the projects
together as long as they are not looking for too many waivers.
Bill Luster will keep the Board informed as to the status of the proposal for Thermal
Circuits.
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• DISCUSSION OF STOP& SHOP PROPOSAL
City Planner Bill Luster reviewed the revised chart of issues regarding the Stop & Shop
proposal. He concentrated on the issues that could be considered possibly resolved.
It was noted that more information is needed from the landscape architect.
Issue#3 should read overnight storage of trucks. Chuck Puleo would like that to
specifically address noise from the trucks. Bill Luster noted that the intent of the
condition is not allowing the storage of trucks on the site after operating hours.
Chuck Puleo questioned whether that included dry goods. Bill Luster noted that no
deliveries are to be made after regular business hours.
Off hours shall be considered to be hours other than 6 a.m. to 11 p.m.
The hours of operation of the store was discussed. Bill Luster noted that City Ordinance
states that the hours of operation shall be determined by the City Council if other than 6
a.m. to 11 p.m. He suggested that a condition of approval could be that the store would
be open from 6 a.m. to 11 p.m.
David Hart noted that 6 a.m. is early for deliveries in a residential neighborhood. Lee
• Harrington agreed noting that he lived next to the Stop & Shop in Vinnin Square and was
annoyed by deliveries at 4 a.m. He also noted that when he brought it to their attention
the matter was resolved.
David Hart stated that he felt that 7 a.m. was a reasonable time to start deliveries.
Kosta Prentakis stated that he felt that the Board should specify that deliveries should be
made during the hours of operation or specify a time for deliveries to be made. David
Hart stated that he did not think that deliveries during the hours of operation would be
unreasonable. Bill Luster suggested that the condition could read that no activity could
take place behind the building before 7 a.m.
Bill Luster suggested that regarding the traffic on Boston Street that the City of Salem
would seek an agreement with the City of Peabody to agree to hard wire the light at
Howley and Main Street, and that all signals on Boston Street be defined and included as
part of the Boston Street improvement process. David Hart suggested that this needs to
be more defined.
Bill Luster noted that regarding issue# 15 concerning historical significance of the
property, a response from the Massachusetts Historical Society is still pending. David
Hart requested that the phrase historic or archeological survey be changed to include both
as a factor for consideration.
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• The issue of the square footage of the store will be left open for discussion by the Board.
David Hart noted that the Board is looking at a range of issues and that some may need to
be revisited before a decision is made on the proposal.
Bill Luster explained the city wide walking tour plans and the proximity to the project.
Walter Power stated that he wants to include the walking tour as part of the mitigation
package, and would like to leave that issue open. Chuck Puleo suggested that the city
should get the area cleaned up and set aside money so that in a year or two when the city
has a plan there would be money available. Kosta Prentakis noted that cleaning may be an
ongoing process and maybe some provision should be made for that. David Hart noted
that it needs to be determined how much they should clean up.
Bill Luster noted that the Landscape Architect is looking into the site lighting.
The issue of employment opportunities was discussed. Bill Luster noted that the Mayor's
Mitigation package includes a neighborhood summer jobs program. Bill Cullen noted that
he did not think that the Board could tell them that they can only hire Salem people.
Bill Luster suggested that the developer be required to obtain a written guarantee from the
C'ty o Pe body that thf y will agree to m`;�Wa qi� C Gt1U1/&R-At
? 71ChQAA1 S� I IS{V� W i l (n`l'1� OSnPPd r°Na rG�
• Regarding the issue of whether or not this is a PUD,the Board agreed to review this
individually and discuss this at a future meeting, after reviewing the Zoning Ordinance and
the definition of a PUD, and whether it meets the letter of the law, section 7:15. The
common ownership issue for an R2 zone also needs to be discussed.
The issue of the storage area was discussed. Bill Luster stated that the storage area could
be eliminated if the project were to tie into city sewerage, noting that there has been some
concern about the open storage area and the neighborhood. Bill Cullen noted that if the
storage area was redesigned within the allowed 30 feet it would be OK. David Hart
suggested having the City Engineer take a look at the storage area in the proposed R2
location. Gene Collins recalled that the developer stated that they could create
underground storage, and that should be investigated.
The Board discussed Master Plan Conformance. Walter Power questioned whether this
parcel would interrupt the provision for a Connector Road in the Master Plan. Bill Luster
noted that industrial zones were not included in that provision. Gene Collins stated that he
did not see that this proposal interferes with the Master Plan. Walter Power agreed.
David Hart noted that he would like to point out that section 7:15 talks about purpose and
that he would like the Board to look a what is permitted in an Industrial District. Bill
Cullen noted that he reviewed what is allowed in an Industrial Zone and that it appears
that everything that would be available at a Supermarket is allowed but not under one
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• roof. Bill Cullen also noted that the Board has discussed this and now it is up to each
member to decide for himself.
Bill Luster stated that at the March 9, 1995 meeting the Board should concentrate on
drainage issues, sound and noise, landscaping and site planning. He also stated that he
would try to deal with the issue of a commitment from the City of Peabody on the traffic
lights and joint concerns.
There being no further questions or comments regarding this matter at this time, a motion
was made by John Moustakis to adjourn the meeting, seconded by Bill Cullen and
approved unanimously.
The meeting was adjourned at 9:15 p.m.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
PB020995
•
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• SALEM PLANNING BOARD
MINUTES OF MEETING
THURSDAY, FEBRUARY 2, 1995
A regular meeting of the Salem Planning Board was held on Thursday, February 2, 1995
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, John
Moustakis, Bill Cullen, Kosta Prentakis, Chuck Puleo, Lee Harrington, and Gene Collins.
Also present were City Planner William Luster, Assistant City Planner Beth Debski, and
Eileen Sacco, Clerk.
DISCUSSION WITH McDON i DS REGARDING POSSIBLE NP NSION OF
STORE ON HIGHLAND AYEWIE
Mr. Ernest Anibale of McDonald's addressed the Board and stated that he wanted to
informally discuss the possibility of a modification of the approved plan to allow for the
construction of a 950 s.f addition to the building that would house a small play area and
40 additional seats. He noted that the addition would be designed with in the existing pad.
He also explained that the addition would be a glass square of mirrored glass that would
be attractive from the street. He showed the Board a drawing of the proposed changes to
the store.
• John Moustakis questioned whether McDonald's knew at the time they were granted
approval for the store that they would be requesting this change. Mr. Anibale stated that
this play area is a new concept and that they did talk a little bit about it, and did allow for
planning of it.
Carter Vinson noted that the menu board would have to be relocated. Mr. Anibale
agreed, but noted that they have not chosen a new location for it yet. He also stated that
they have a new menu board system that is smaller than the one that is used now.
David Hart requested that they include the location of the dumpster in the new plan, to
make it more attractive than what is there now.
Walter Power expressed his concern about the expansion so soon after the opening of the
store. Mr. Anibale replied that they did talk about a play area briefly with the Planning
Department at the time, but further noted that this new indoor play area has been so
successful in other areas, they thought they might try it in Salem.
David Hart questioned the expansion of the restaurant by 40 seats. Mr. Anibale stated
that the additional seats are in compliance, and it is because of the Entrance Corridor that
they are required to come before the Board, otherwise they could pull a building permit
and move on.
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• Beth Debski noted that when McDonald's originally came to the Planning Board, they
indicated that a good part of the business from this store would be from Drive Thru
customers.
Carter Vinson agreed noting that he also envisioned the store as a Drive Thru, and that he
might have requested that parking be planned a little differently, if there was to be more
seating. Carter Vinson also asked if they would be adding staff. Mr. Anibale replied no.
David Hart asked if they had been to the building inspector with this plan. Mr. Anibale
stated that they have not been there yet. Carter Vinson stated that he would like to see
this plan again, when the Building Inspector has reviewed the plan.
Chuck Puleo noted that they may need to change the size of the bathrooms because of the
additional seating, noting that if you have over 50 seats you need to have 2 stalls in the
women's room and a toilet and a urinal in the men's room.
Mr. Anibale will review the plans with the Building Inspector and report at the next
meeting of the Board.
PLANNING BOARD TIN t SCHEDULE
The Board discussed the meeting schedule of the Board and possible dates for additional
• meetings to discuss Stop & Shop. The following meetings were scheduled:
February 9, 1995 - Stop & Shop Discussion
February 23, 1995 - regular business
March 9, 1995 - Stop & Shop Discussion/Regular Business
March 16, 1995 - Stop & Shop Discussion
March 23, 1995 - Stop & Shop Discussion
DISCUSSION OF STOP& SHOP PROPOSAL.
City Planner William Luster addressed the Board and presented a chart that was prepared
by the Planning Department of issues regarding the project and discussed them each with
the Board.
David Hart expressed his concern that the Board should take a look at the zoning
ordinance and discuss it in depth as part of this process. He also noted that as a member
of the Planning Board he does not recall any discussions regarding the proposed
mitigation package between the Planning Board and the Mayor. He noted that he wants
to take a look at the proposed mitigation package negotiated by the Mayor. Bill Luster
noted that the Mayor's Mitigation package was requested by the Mayor in an effort to
determine whether he could support the project, and that the Planning Board may see fit
to request additional mitigation measures from the applicant.
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• Bill Cullen expressed his concern about the impact that the project would have on
surrounding businesses and suggested that the Board take a look at this as well.
Kosta Prentakis suggested that the Board take a look at the appearance of the Building
itself, in the neighborhood.
David Hart noted that a 2/3 vote may grant the permit, but the Board should review the
permitted uses of an industrial zone, and see what is and is not allowed in an Industrial
zone.
Bill Luster continued reviewing the issues regarding the project on the chart.
David Hart expressed concern about the hours of operation of the store, noting that he
would like to see the decision have some teeth to it that would prevent the applicant from
trying to change the hours of operation at a later date.
John Moustakis noted that he sees this as a good opportunity to look at all of the traffic
problems in Salem, and that the Board should see what they could do to get some of the
problems reviewed as part of the mitigation. He also noted that this project will have
effects that go further than this neighborhood.
Lee Harrington asked what the chances would be of getting substantially more money for
• mitigation, as was offered in Beverly. Bill Luster noted that the store in Beverly is slated
to be a 24 hour store, and since that is an issue in Salem, and the hours of operation would
be restricted, it substantially limits the amount of money you can expect to get.
David Hart stated that he would like to further discuss # 14 regarding the R2 parcel on the
property. He noted that he did not think that the letter from City Solicitor Robert LeDoux
answers the question that was asked.
Walter Power suggested that the Board should visit some other Stop & Shops in the area
to see how they fit with the neighborhood. He suggested the North Beverly Stop & Shop
and the Vinnin Square store. Planning Board members agreed and they will visit the sites
independently.
Walter Power also noted that at the next meeting he would like to discuss the PUD status
before discussing the matter any further.
David Hart agreed noting that the Zoning Ordinance indicates that a PUD should be in
harmony with the Master Plan and the purpose of the ordinance.
John Moustakis noted that the existing Master Plan has not really been implemented.
Bill Luster completed the review of the chart of issues and noted that an updated chart
• would be prepared for the next meeting.
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• 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 Gene Collins and
approved unanimously.
The meeting was adjourned at 9:30 p.m.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
PB020295
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J (�1
• SALEM PLANNING BOARD
MINUTES OF MEETING
JANUARY 5, 1995
A regular meeting of the Salem Planning Board was held on Thursday, January 5, 1995 at
7:30 p.m. in the cafetorium at the Bentley Elementary School, Memorial Drive, Salem,
Ma.
Those present were: Chairman Walter Power, David Hart, Bill Cullen, Kosta Prentakis,
Gene Collins, John Moustakis, and Chuck Puleo. Also present were City Planner William
Luster, Assistant City Planner Beth Debski, Staff Advisor Debbie Hurlburt, and Eileen
Sacco, Clerk.
CONTINUATION OF A PUBLIC RIN ,- STOP & SHOP SUPERMARKET
CORE - APPLICATION FOR A P -BOSTON&HOWLEY STREETS.
Chairman Walter Power informed those present of the format for this evening. He stated
that the developer will make a statement and the Planning Board members would ask
questions and then the public would be able to ask questions.
Atty. John Serafini addressed the Board and noted that at the last meeting a presentation
was made by opponents of the project, and they have prepared a response to their
• concerns. He stated that two packets of information was submitted to the Board, which
they feel complied with the Boards request for additional information. He also referred to
the reports that were filed with the application and that additional reports were prepared
as requested.
Atty. Serafini also presented two letters of support for the project, from neighbors Mr.
George and Mr. Eng who directly abut the proposed site.
Atty. Serafini urged the Board to consider the information presented and look at it
objectively, noting that this project would be a worthwhile benefit to the City of Salem.
Walter Power asked the Planning Board members if they would bring up any questions
that they have at this time.
David Hart addressed Atty. Serafini and asked to have the parcel that is designated as R2
explained since R2 is not an allowed use in a PUD. Atty. Serafini explained the parcel in
question and stated that the area in question is the area where the 30 foot driveway will be
constructed. He described the rest of the parcel as being zoned as industrial B2 and
Commercial I2, the vast majority of the parcel being in those zones. Atty. Serafini
explained that the Industrial portion of the PUD would be the Jeffers Lumber Mill and the
Commercial portion would be the Stop & Shop Supermarket, and the residential portion
would be the two dwellings that are three family homes.
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• Mr. Frank Chaing addressed the Board and reviewed the traffic study for the Board. He
reviewed the numbers presented for the traffic counts and stated that he did not find any
great change in the numbers.
Mr. Chaing also indicated that should a traffic light be installed at the Aborn Street
intersection as suggested, that would cost most all of the $100,000.00 mitigation money
offered by Stop& Shop. Walter Power asked if the traffic lights would be coordinated
with the lights on other areas of Boston Street. Mr. Chaing stated that they could be
coordinated so that they are timed appropriately.
John Moustakis asked if Tremont, Grove, Mason and North Streets have been considered
in the traffic plan. Mr. Vaness stated that they offered recommendations at the request of
the City. Bill Luster noted that during the MEPA session the city requested that 11
intersections be included in the traffic plans because the city saw it as an opportunity to
look at some of the areas and the possible effects that the project may have in the future.
Kosta Prentakis asked if the access to the site was adequate, noting that other Stop &
Shops have multiple driveways off multiple streets. He also asked if the Bridge Street
bypass Road has been considered as well as the eventual reuse of the Parker Brothers site.
David Hart asked what the hours of truck deliveries would be. Atty. Serafini stated that
there would be no deliveries between the hours of 11 p.m. and 7 a.m. He also noted that
• if there was a refiigeration truck there it would not be running.
Walter power opened the meeting up for public comment at this time.
Wally Birmingham addressed the Board and stated that no matter what is built there will
always be a traffic problem in that area. He also questioned whether the train line and the
possibility that the Blue Line may come to Salem has been considered.
Natalie Ross addressed the Board and noted that the state gave grants to improve
neighborhoods and the city wants to take that away. She also urged the Board to look up
the number of deaths and accidents on Boston Street. She also noted that it takes 2 or 3
changes of lights to get out on to Boston Street sometimes. She stated that Salem has
nothing to gain from Stop & Shop.
John Fifield addressed the Board and presented new data that he researched comparing the
Vaness data with the data compiled for the Campbell plan.
Maureen Kiley of 15 Bow Street addressed the Board and stated that she is concerned
about the use of an R2 parcel that is not allowed in a PUD. She also noted that this is a
change to the plan that was submitted and approved by the Peabody Conservation
Commission. She also expressed concern that the $100,000.00 in mitigation money was
not enough, and that it would cost that much for the traffic signal at Aborn and Boston
• Street. Bill Luster explained that the traffic signals proposed for Howley and Main Street
2
• and the traffic signal proposed at Howley and Walnut Streets are included in the Stop &
Shop proposal and the traffic signal that the City requested at Aborn and Boston Street is
part of the Boston Street improvement plan.
Maureen Kiley also questioned whether the project was in keeping with the neighborhood,
and noted that this will send a message to the residents.
Atty. William DiMento with Law Offices at 990 Paradise Road, Swampscott, Ma.
addressed the Board and stated that he represents Mr. Liam, an abutter of the proposed
project. He stated that this project would have a dramatic effect on Mr. Liam and his
property. He also questioned the economic effect that the project would have on the City
of Salem. Atty. DeMento also took the opportunity to express his concern that City
Planner William Luster, a proponent of the project sets the agenda for the meetings and
sits beside the Chairman at the meetings. He stated that he felt that everyone felt in their
hearts that this project is not a Planned Unit Development, because it is using an existing
lumber yard and existing residence to complete the PUD. He also questioned whether this
project meets the basic criteria of a PUD and whether it would be for the greater good.
He urged the Board to turn down the PUD and force them to go before the City Council
for a Zoning Change as they did in Beverly, where they got approval honestly.
Atty. DiMento noted that he sent a letter to City Solicitor Robert LeDoux, and sent a
copy of the letter to Atty. Serafini. He read the letter to the Board. He asked for
• clarification of the letters that he had previously written to the Board in response to
questions from the Planning Board. He explained his interpretation of the responses to the
Board. He stated that he felt that the application is not valid because of the R2 parcel and
that the more restrictive lot was not held in common ownership at the time. He stated that
he felt that City Planner Bill Luster and Mayor Harrington are trying to influence the
Planning Board, although he believes that the Board is making an honest effort to make a
decision on the project. He noted that if they did a title history they would have found out
that there was no common ownership. He stated that he felt that Atty. LeDoux's reply
was rather strange. He stated that he believed that the Board is under tremendous
pressure from the Mayor to approve this project. He noted that they have to rely on the
Board to do the right thing, and that he felt that the Board did not receive a proper answer
to their question. He urged the Board to get an answer to the question as they are
entitled. He asked them to protect the neighbors.
Mary Casey of Grove Street addressed the Board and asked for clarification of City
Solicitor Robert Ledoux's letters, noting that there is a letter in the file dated, December 9,
1994 that indicated a clarification from a previous letter. She asked if the Board would be
seeking the answer to the question of whether this qualifies as a PUD. Bill Luster stated
that he spoke with Atty. LeDoux and he feels that each of the letters indicate that it is up
to the Planning Board to decide if the application meets the threshold for a PUD. She
referred to an article in the Salem Evening News. Ms. Casey also requested that a
member of the neighborhood be a representative to the Planning Department to participate
. in discussions regarding the project. Walter Power stated that he was inclined to say no to
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• that request, but noted that all of the Planning Board meetings are open meetings and all
of the information will be looked at and discussed. Walter Power noted that this has been
a long lengthy public hearing and the Board would take all of the input into consideration.
Ms. Casey asked if there would be another request of Mr. LeDoux regarding the R2
district. Walter Power noted that the Board would discuss that and if they feel they need
more information they would request it. Ms. Casey asked if there was another December
9 , 1994 letter as seems to be indicated in the December 30, 1994 letter. Walter Power
stated that he has not reviewed the chronology of the letters but that will be determined.
Ms. Casey also questioned whether the Board would be reviewing the mitigation package.
Walter Power stated that they would consider the mitigation package and that as far as he
is concerned Stop& Shop is not off the hook for more money, if the Board feels that they
will be impacting other areas of the city. He stated that they would give this proposal
careful consideration.
Lee Harrington made a motion that the Public Hearing be closed right now, seconded by
Gene Collins and discussed. Chuck Puleo questioned whether Atty. Serafini should be
allowed to make his closing statements. Atty. Serafini stated that he did not mind if they
closed the hearing at this point. There being no further discussion a vote was taken and
was approved 7-2 with Walter Power and David Hart opposed.
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 11:00 p.m.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
PB010595 DRAFT
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4
SALEM PLANNING BOARD
MINUTES OF MEETING
THURSDAY, FEBRUARY 9, 1995
A special meeting of the Salem Planning Board was held on Thursday, February 9, 1995 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, Bill Cullen, Kosta Prentakis, Chuck Puleo, Lee Harrington, and Gene Collins.
Also present were City Planner William Luster, Assistant City Planner Beth Debski, and
Eileen Sacco, Clerk.
CONTINUATION OF Pi IBLIC HEARING - FORM A 73R r AWRENCE STRFFT
Beth Debski addressed the Board and requested that the Public Hearing for 73R Lawrence
Street be further continued to allow the applicant to come back to the Board with a Form
C application.
Motion made by David Hart to continue the Public Hearing for a Form A for 73R
Lawrence Street to February 23, 1995, seconded by Gene Collins and approved
unanimously.
• DISCUSSION - THERMAL CIRCI ZITS
City Planner William Luster addressed the Board and stated that the City was approached
by Thermal Circuits to assist them in finding a suitable location for their expansion, and
that a proposal has been put together with the Fafard Company for the Swampscott Road
site. He noted that they have come to an agreement and that the City will be providing a
Community Development Action Grant for the construction of a road which will open up
29 acres of industrial zoned land. Bill Luster also noted that Thermal Circuits has been
negotiating with another community but has agreed to stay in Salem.
Bill Luster also stated that Mayor Harrington would like to meet with the Planning Board,
the Conservation Commission, and the City Council regarding this package. He also
noted that preliminary approval could be granted the same night as the public hearing as
this has been done in other communities. He also noted that this project would use 4 of
the 29 acres of industrial land.
Carter Vinson stated that he thought it would be a good idea to do all of the projects
together as long as they are not looking for too many waivers.
Bill Luster will keep the Board informed as to the status of the proposal for Thermal
Circuits.
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• DISCUSSION OF STOP & SHOP PROPOSAL
City Planner Bill Luster reviewed the revised chart of issues regarding the Stop & Shop
proposal. He concentrated on the issues that could be considered possibly resolved.
It was noted that more information is needed from the landscape architect.
Issue#3 should read overnight storage of trucks. Chuck Puleo would like that to
specifically address noise from the trucks. Bill Luster noted that the intent of the
condition is not allowing the storage of trucks on the site after operating hours.
Chuck Puleo questioned whether that included dry goods. Bill Luster noted that no
deliveries are to be made after regular business hours.
Off hours shall be considered to be hours other than 6 a.m. to 11 p.m.
The hours of operation of the store was discussed. Bill Luster noted that City Ordinance
states that the hours of operation shall be determined by the City Council if other than 6
a.m. to 11 p.m. He suggested that a condition of approval could be that the store would
be open from 6 a.m. to 11 p.m.
David Hart noted that 6 a.m. is early for deliveries in a residential neighborhood. Lee
• Harrington agreed noting that he lived next to the Stop & Shop in Vinnin Square and was
annoyed by deliveries at 4 a.m. He also noted that when he brought it to their attention
the matter was resolved.
David Hart stated that he felt that 7 a.m. was a reasonable time to start deliveries.
Kosta Prentakis stated that he felt that the Board should specify that deliveries should be
made during the hours of operation or specify a time for deliveries to be made. David
Hart stated that he did not think that deliveries during the hours of operation would be
unreasonable. Bill Luster suggested that the condition could read that no activity could
take place behind the building before 7 a.m.
Bill Luster suggested that regarding the traffic on Boston Street that the City of Salem
would seek an agreement with the City of Peabody to agree to hard wire the light at
Howley and Main Street, and that all signals on Boston Street be defined and included as
part of the Boston Street improvement process. David Hart suggested that this needs to
be more defined.
Bill Luster noted that regarding issue# 15 concerning historical significance of the
property, a response from the Massachusetts Historical Society is still pending. David
Hart requested that the phrase historic or archeological survey be changed to include both
as a factor for consideration.
2
• The issue of the square footage of the store will be left open for discussion by the Board.
David Hart noted that the Board is looking at a range of issues and that some may need to
be revisited before a decision is made on the proposal.
Bill Luster explained the city wide walking tour plans and the proximity to the project.
Walter Power stated that he wants to include the walking tour as part of the mitigation
package, and would fike to leave that issue open. Chuck Puleo suggested that the city
should get the area cleaned up and set aside money so that in a year or two when the city
has a plan there would be money available. Kosta Prentakis noted that cleaning may be an
ongoing process and maybe some provision should be made for that. David Hart noted
that it needs to be determined how much they should clean up.
Bill Luster noted that the Landscape Architect is looking into the site lighting.
The issue of employment opportunities was discussed. Bill Luster noted that the Mayor's
Mitigation package includes a neighborhood summer jobs program. Bill Cullen noted that
he did not think that the Board could tell them that they can only hire Salem people.
Bill Luster suggested that the developer be required to obtain a written guarantee from the f
City of Peabody that they will agree to ,lrfltlF",E�— W
• Regarding the issue of whether or not this is a PUD, the Board agreed to review this
individually and discuss this at a future meeting, after reviewing the Zoning Ordinance and
the definition of a PUD, and whether it meets the letter of the law, section 7:15. The
common ownership issue for an R2 zone also needs to be discussed.
The issue of the storage area was discussed. Bill Luster stated that the storage area could
be eliminated if the project were to tie into city sewerage, noting that there has been some
concern about the open storage area and the neighborhood. Bill Cullen noted that if the
storage area was redesigned within the allowed 30 feet it would be OK. David Hart
suggested having the City Engineer take a look at the storage area in the proposed R2
location. Gene Collins recalled that the developer stated that they could create
underground storage, and that should be investigated.
The Board discussed Master Plan Conformance. Walter Power questioned whether this
parcel would interrupt the provision for a Connector Road in the Master Plan. Bill Luster
noted that industrial zones were not included in that provision. Gene Collins stated that he
did not see that this proposal interferes with the Master Plan. Walter Power agreed.
David Hart noted that he would like to point out that section 7:15 talks about purpose and
that he would like the Board to look a what is permitted in an Industrial District. Bill
Cullen noted that he reviewed what is allowed in an Industrial Zone and that it appears
that everything that would be available at a Supermarket is allowed but not under one
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• roof. Bill Cullen also noted that the Board has discussed this and now it is up to each
member to decide for himself.
Bill Luster stated that at the March 9, 1995 meeting the Board should concentrate on
drainage issues, sound and noise, landscaping and site planning. He also stated that he
would try to deal with the issue of a commitment from the City of Peabody on the traffic
lights and joint concerns.
There being no further questions or comments regarding this matter at this time, a motion
was made by John Moustakis to adjourn the meeting, seconded by Bill Cullen and
approved unanimously.
The meeting was adjourned at 9:15 p.m.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
PB020995
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4
SALEM PLANNING BOARD
MINUTES OF MEETING
THURSDAY, JANUARY 19, 1995
A regular meeting of the Salem Planning Board was held on Thursday, January 19, 1995
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, Bill Cullen, Kosta Prentakis, Chuck Puleo, Lee Harrington, and Gene Collins.
Also present were Assistant City Planner Beth Debski, Staff Advisor Debbie Hurlburt and
Eileen Sacco, Clerk.
PUBLIC HEARING- WAIVER FROM FRONTAGE - 73R LAWRENCE STREET -
ATTORNEY THOMAS DONOVAN
Attorney Thomas Donovan addressed the Board on behalf of Enrico Tassinari, to request
a waiver from frontage requirements for property located at 73R Lawrence Street,
Assessors map 23, lot 121. He also noted that his client Mr. Kiley wishes to buy the
property. Atty. Donovan explained that they obtained a variance from frontage and area
in October of 1994.
Attorney Donovan explained that the lot is a single family lot which does not front on an
• improved street. He noted that they would like the waiver from frontage so that they may
have a buildable lot. The lot would front on Lawrence Street which is now a dedicated
paper street.
Atty. Donovan also stated that they plan a 1 inch water service and 6 inch sewer service
which they feel is sufficient for a single family house.
Carter Vinson questioned why they were requesting a waiver from frontage and not a
Form C and a waiver, noting that they should re-fife and have both approved. The Board
reviewed the history of the property.
Walter Power asked if they planned to construct a roadway. He also noted that he felt
that the utilities should be planned for more than one house.
David Hart noted that it makes sense to control the configuration of the street since there
is another situation that is similar that could be split. Walter Power noted that he wants to
be sure that the roadway is build, but he does not know if the Planning Board can
condition the construction of a roadway.
David Hart suggested that the Board continue the Public Hearing and the applicant could
file a Form C for the next meeting in case they need it, and withdraw the Form A if the
Form C is necessary.
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Motion made by David Hart to continue the Public hearing to February 9, 1995, seconded
by Carter Vinson and approved unanimously.
CONTINUATION OF A Pi)BLIC HEARING-WAIVER FROM FRONTAGE - 43
.LARK SIREET -ATTY. M VITAL VITALE REPRESENTING MRFRISQhM
Debbie Hurlburt explained that on December 15, 1994 the Board held a public hearing for
a waiver from frontage for 43 Clark Street, and at the meeting the Board requested that
the Planning Department research information regarding the entire street.
Atty. Vitale addressed the Board and stated that the waiver would be consistent with what
is already in the neighborhood, and would generate tax dollars for the City of Salem.
David Hart noted that the neighborhood has long lots with a variety of house widths there
now.
Walter Power noted that the Planning Board has been trying to maintain the minimum of
15,000 s.f. Carter Vinson stated that he doesn't disagree but noted that the Board should
consider what is consistent with the neighborhood, and there are examples of both.
Motion made by Bill Cullen to approve the Waiver from Frontage, seconded by John
Moustakis and approved 6-3 with Kosta Prentakis, Walter Power, and Carter Vinson
• opposed.
OLD I NEW BUSINESS
400 Highhd Avenue- Any, Joseph Correnti
Atty. Joseph Correnti addressed the Board and noted that the Board approved the plan for
the shopping mall at 400 Highland Avenue in October and that they now have some
minor changes to make to the plan. He explained that they originally intended to remove
the steel structure from the site to build the new mall. He stated that when they
investigated the structure they found it to be in excellent condition and very usable. He
noted that the major change to the plan is to incorporate the existing foundation for the
plan.
Atty. Correnti stated that there would be no change to the square footage of the mall, and
they plan the same number of parking spaces. He also noted that there would be no
change in the egress of the property. He noted that the major change would be in the foot
print of the building.
Beth Debski noted that the Planning Department has reviewed the new plan and
recommends approval.
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' There being no further questions or comments regarding this change, a motion was made
by Lee Harrington to approve the change in the plans for 400 Highland Avenue, seconded
by David Hart and approved unanimously.
Discussion of Fafard Development
Debbie Hurlburt reported that she had been contacted by Fafard Development, and that
they are planning to move forward with the next phase of development. She noted that
she wants to move cautiously. She noted that in preliminary discussions with Fafard they
have indicated that they want to build 5/4 plex buildings, for a total of 20 units on parcel
30A, the area that would complete the inner loop of Whalers Lane. She also noted that
the PUD states that phases are supposed to be no less than 80 units.
Walter Power asked if there was any way that they could keep the restriction, but allow
this request so that they can complete that loop.
David Hart recalled that Mr. Fafard had agreed to come before the Planning Board with
preliminary plans for the next phase.
Beth Debski noted that they would be required to have Site Plan Review on each phase of
the development as they request them.
• Walter Power suggested that the Board could make a one time exception to provision#2
of the PUD, and that all other phases shall be subject to the original PUD conditions.
Atty. Joseph Correnti addressed the Board and stated that if they were granted permission
for this waiver, they understood that it would be just for these 20 units. He also noted
that all five buildings would be built at the same time.
Motion made by Lee Harrington to approve the waiver of the original requirement of 80
units per phase for parcel 30A only, to allow the completion of the loop for Whalers Lane,
seconded by Bill Cullen and approved 8-0-1 with Kosta Prentakis abstaining.
There being no further business to come before the Board at this meeting a motion was
made by Bill Cullen to adjourn the meeting, seconded by Carter Vinson and approved
unanimously.
The meeting was adjourned at 9:10 p.m.
RESPECTFULLY SUBMITTED BY,
EILEEN M. SACCO, CLERK .
PB011995
3
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