1996-PLANNING BOARD SALEM PLANNING BOARD
• MINUTES OF MEETING
THURSDAY, FEBRUARY 1, 1996
A regular meeting of the Salem Planning Board was held on Thursday, February 1, 1996
at 7:30 p.m. in the second floor conference room at One Salem Green.
Those present were: Chairman Walter Power, Kim Driscoll, John Moustakis, Bill Cullen,
Gene Collins, Chuck Puleo, Carter Vinson, and Lee Harrington. Also present were City
Planner Bill Luster, Assistant City Planner Beth Debski, and Eileen Sacco, Clerk.
FORM A CALUMET STREET
Bill Luster informed the Board that Atty. Keilty requested that this matter be postponed to
the neat meeting, while they try to work out some issues and the city is satisfied with the
Hilton Street project, which is also owned by the applicant.
APPROVAL OF COVENANT AND ENDORSEMENT OF PLAN I BROOKS STREET
Bill Luster informed the Board that Atty. Keilty also requested t hat this item be
postponed to the neat meeting as well.
Carter Vinson addressed the Board and expressed his concern that the decision for the
;. Brook Street project did not read as he had intended and requested that he or another
member review future decision before they are filed at the Registry of Deeds. Bill Luster
expressed his concern that adding two weeks to the process would be difficult. Carter
Vinson stated that they would not have to wait until the neat meeting but could fax the
final product to a member to have them make sure that it reads as the Board intended. He
also noted that he did not think that the Planning Department should be responsible for
what the Planning Board says in their decisions.
CERTIFICATE OF COMPLETION - TRADERS WAY
Beth Debski addressed the Board and recalled that two meetings ago the request for a
certificate of completion and the Board had some questions regarding the language in the
document certifying the release. She noted that the owner of Highlander Plaza, Mr.
Parachoky was present at the meeting to answer any questions that the Board may have.
Mr. Parachoky addressed the Board and stated that he was in the process of refinancing
the property when it came to his attention that the Certificate of Completion was never
obtained.
Page I
•
Carter Vinson stated that he felt that if the Board is satisfied that the requirements of the
• covenant issued for the project have been met, he sees no reason to subject the lots to the
restrictions of the covenant and the certificate of completion could be issued. He also
noted that the Board would not be releasing them from the PUD,just the covenant.
Bill Luster noted that Traders Way is completed and has been for quite some time.
The Board reviewed the language in the release form for the covenant. Kim Driscoll
suggested that the last sentence could be left out and that would be appropriate. Carter
Vinson stated that he does not have a problem with it as it is. He also noted that he does
not see that releasing this covenant does anything but release them from the requirements.
Motion made by David Hart to approve the Certificate of Completion for Traders Way,
seconded by Bill Cullen and approved unanimously.
TECHNOLOGY WAY
Beth Debski addressed the Board and stated that she received a communication from the
City Clerk, requested that the Planning Board formally approve the request to name the
street off Swampscott Road at the site of Thermal Circuits, Technology Way. Motion
made by David Hart to approve the name Technology Way, seconded by Lee Harrington
and approved unanimously.
• CONTINUATION OF PUBLIC HEARING - FAFARD PHASE 3B - SITE PLAN
REVIEW SPECIAL PERMIT
Bill Luster addressed the Board and stated that he has prepared a draft decision for the
project that could be reviewed by the Board this evening. He noted that the rip rap slope
has been addressed in the decision and Fafard will work with Juli Reimenschneider on the
landscaping and get the right planting scheme for the slope.
Walter Power expressed his concern that there should be a fence at the top of the
proposed wall to prevent someone from stepping off the wall and falling down. David
Hart suggested that the Building Inspector should take a look at that and if he thinks it is
needed he and the City Planner could see that it is done. Bill Luster stated that the
Building Inspector will get a copy of the decision.
Atty. Joseph Correnti addressed the Board and stated that the subdivision control law
spells out what cities and towns can ask for in terms of covenants etc., and noted that they
would be happy to work with the Board on the covenant. Carter Vinson agreed that the
applicant has the right to choose the method of surety that would like to use, but noted
that the Planning Board has the right to approve the method or not.
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•
The Board reviewed the draft decision for the project.
• Condition#13 addresses the stabilization of the phase 4 area in which fill will be removed
for phase 3. Bill Luster noted that this is in response to the neighbors concern that in 6
months if the phase 4 is not under way, the area will not be unsightly. David Hart agreed
noting that the area would look like an open quarry.
Mr. Shimmer addressed the Board and stated that he would like more notice of blasting.
He suggested 72 hours would be acceptable. Bill Luster stated that Fafard should send a
letter to the neighbors detailing how they plan to handle the blasting.
Bill Luster reviewed condition 24 and noted that he does not have an opinion from the
City Solicitor regarding the restriction of building, so he is not sure whether the Board can
impose this condition. He noted that Mr. Shimmer requested that the project be divided
into phase 3B, 3C, and 3D and that they only be allowed to build as the units are sold in
blocks of 20 in each phase, rather than all at once. Carter Vinson stated that the plan as
presented calls for 80 units and the Board had reviewed it as one project. He stated that
he did not think that they could control the building of the project in that way.
Atty. Correnti stated that he felt that the condition would make it difficult to get financing
for the project. He noted that the bank keeps a tight control on the development and the
money and they would not release funds if the market is not there. He also noted that they
will not let them build out too far.
• David Hart stated that he sympathized with the neighbors and pointed out that there are a
lot of people who got stung in the 80's in real estate.
Bill Luster noted that in the past the developer has granted an easement to the city for the
eventual widening of Swampscott Rd. He noted that the easement is for 20 feet and the
city only needs five feet to widen the road, and they need to come to some sort or
agreement regarding the remaining land. He noted that they wish to protect the rights of
the City in regards to this land that Fafard promised until it is determined what the State
will do.
Atty. Correnti stated that he only received the language regarding this matter late this
afternoon and that he needs to go back to the developer with the proposal. He also noted
that he personally was not involved in the granting of the easements and would like to
look into it further.
David Hart asked that the Planning Department landscape architect make sure that the
proposed wall is aesthetically pleasing.
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•
Lee Harrington stated that because of the nature and size of the project he would like to
• see that all of the conditions are met. Walter Power noted that the Clerk of the Works
will make sure that all of the conditions are met. Lee Harrington also requested that the
Board receive a report which updates the project every six months.
Atty. Correnti addressed the Board regarding condition 6G, and stated that the property
manager and the Condo Association would be taking over the maintenance of the common
areas upon completion of the project. He stated that they would be willing to fix and
replace damage from construction but he noted that they are opposed to a five year
period. David Hart suggested that the landscape architect review the period which is
imposed on other developers and condo associations and the Board could address that
later.
Motion made by Bill Cullen to continue the public hearing to February 15, 1996, seconded
by David Hartt and approved unanimously.
There being no further business to come before the Planning Board at this meeting a
motion was made by John Moustakis, seconded by Bill Cullen and approved unanimously.
The meeting was adjourned at 10:30 p.m.
Respectfully submitted by:
• Eileen M. Sacco
pb020196
Page 4
•
• SALEM PLANNING BOARD
MINUTES OF MEETING
THURSDAY, MARCH 14, 1996
A regular meeting of the Salem Planning Board was held on Thursday, March 14, 1996, at
7:30 p.m. in the second floor side conference room at One Salem Green.
Those present were: Chairman Walter Power, Bill Cullen, John Moustakis, Kim Driscoll,
David Hart, Gene Collins, Carter Vinson, and Chuck Puleo. Also present were Assistant
City Planner Beth Debski, and Eileen Sacco, Clerk.
FORM A - CALUMET STREET
Beth Debski addressed the Board and stated that Atty. Jack Keilty was unable to attend
the meeting this evening and sent a letter requesting that the Board take action on the
matter even though he is not here this evening.
Beth noted that the Board has indicated in the past that they would be reluctant to
approve anymore projects for Mr. Singleton, until the problem with the Gentiles is
resolved. She explained that the problem has been addressed to the satisfaction of the
Gentiles and read a letter from them regarding the matter.
• Beth Debski explained that the plan depicts lot P, containing 2,368 s.f., parcel 1 containing
5 s.f. and land of the estate of Thomas Pyburn containing 8,267 s.f to be combined to
form one parcel containing 10,640 s.f. She noted that the lot has 100 feet of frontage on
Calumet Street, which was approved by the Planning Board as a Definitive Subdivision
Plan.
Carter Vinson expressed concern about the releasing of square footage from a subdivision
that has a covenant.
Beth Debski explained that the developer could pull a building permit for this right now,
and all that they are doing is making the lot bigger with greater frontage.
Walter Power expressed his concern that if the subdivision goes belly up there is no
guarantee that the road will be built. He suggested that the modify the plans for the
subdivision.
Carter Vinson asked to see the covenant so that he could review the language of it. He
also suggested that the Board continue the matter to the next meeting so that the Atty.
could be present.
• Page 1
• Motion made by David Hart to continue the Form A for Calumet Street to the next
meeting of the Planning Board on March 21, 1996, seconded by Carter Vinson and
approved unanimously.
David Hart asked that Atty. Keilty review and double check the lot lines on the Form A
with those on the Subdivision plan.
ENDORSEMENT OF PLAN AND COVENANT - 1 BROOKS STREET
Beth Debski requested that this matter be postponed to the next meeting of the Planning
Board on March 21, 1996, so that Atty. Keilty can present the matter to the Board.
Motion made by Bill Cullen to continue the matter to March 21, 1996, seconded by John
Moustakis and approved unanimously.
FORM A PUTNAM STREET
Atty. Daniel Casey addressed the Board and requested approval of a Form A on behalf of
his clients William and Michael McHugh, for property located at 8 Proctor Street
containing 5,352 s.f owned by Surrette Supply Company, Inc. to be conveyed to the
McHugh's to provide a driveway for their property located on Putnam Street. He noted
that the Board of Appeal granted a variance February 21, 1996. He also noted that they
• are only adding to the property and are not creating a lot to build on.
Bill Cullen asked if there was any opposition to the plan at the Board of Appeals. Beth
Debski noted that there was no opposition and Councillor Leonard O'Leary spoke in favor
of the plan.
Carter Vinson stated that he saw no problem with the plan, noting that even if in the future
they decide to build on it they would have to come back for a waiver from frontage.
Motion made by Bill Cullen to approve the Form A for Putnam Street, seconded by John
Moustakis and approved unanimously.
FORM A- WHALERS LANE
Atty. Joseph Correnti addressed the Board and requested approval of a Form A for
Whalers Lane. He explained that the Form A creates Lot A, containing + 9.91 acres. He
noted that lot A would become phase 3B of the Fafard residential development, and the
remaining land of+ 15.79 acres will become phase 4 of the development.
• Page 2
• David Hart questioned why they are doing this. Atty. Correnti stated that they are doing it
to address the location of phase 4 as required by the PUD. He also noted that this defines
the areas for the condo associations which are formed at build out of each phase and they
are responsible for the maintenance of the common areas.
Motion made by Carter Vinson to approve the Form A for Whalers Lane, seconded by
Kim Driscoll and approved unanimously.
CONTINUATION OF A PUBLIC HEARING - FAFARD PHASE 3B - SITE PLAN
REVIEW SPECIAL PERMIT
Beth Debski addressed the Board and noted that at the last meeting the Board reviewed
the draft decision for the project that included twenty-six (26) conditions. She noted that
the Board made several revisions and she has incorporated them into the draft. She also
noted that the only outstanding issue was that of condition#25 concerning Swampscott
Road Improvements. She explained that she and Bill Luster have met with Fafard
representatives and they have come to an agreement.
Bob Shimmer addressed the Board and noted his concerns about some issues. Mr.
Shimmer expressed his concern about the closeness of the trees to the proposed wall. He
question that if they are damaged, who would be responsible to replace them, and
expressed concern about the 2 year period proposed. Beth Debski explained that the 2
• years is a period after the construction for which the developer will be responsible to
replace the trees if they are damaged or die as the result of the construction. Walter
Power stated that he would like the trees to be replaced in kind. Atty.. Correnti agreed
that they would replace the trees in kind.
Beth Debski addressed the issue of Swampscott Road improvements. She explained that
the 20 foot easement was never formally granted by Fafard. She noted that condition#24
said that the Planning Board would accept the 5 foot easement, and a cost estimate of the
difference is about $15,000-$20,000. She explained that Fafard has agreed to improve the
comer of Swampscott Road and First Street.
She noted that the Planning Department is working on the plan, and she thought that they
may cut 40 feet of the Swampscott Road side and 40 feet off the First Street side. She
noted that they have found that there have been 17 accidents at that comer and further
noted that Swampscott Road was closed during most of that time.
John Moustakis expressed concern that the city is not getting much, since they could have
got them to clean up that comer in phase 4.
Bill Cullen stated that he felt that the easement for the widening of Swampscott Road was
the important thing and that they are taking care of the corner is going to improve the area
• as well.
Page 3
David Hart expressed concern that the five feet for the widening of Swampscott Road may
not be enough. He questioned whether there would be room for a breakdown lane. Beth
Debski noted that the City is very comfortable with the five feet. She stated that they have
surveyed the entire road from Swampscott to Salem and they know exactly what they
need.
There being no further questions or comments on the matter, a motion was made by John
Moustakis to close the public hearing, seconded by Gene Collins and approved
unanimously.
Motion made by David Hart to approve the Site Plan Review Special Permit for Fafard
phase 3B, seconded by Gene Collins and approved 7-0-1 with Kim Driscoll abstaining.
THERMAL CIRCUITS - AMENDED SITE PLAN
Atty. Joseph Correnti addressed the Board and noted that a month ago they came before
the Board to break off two non-buildable lots from the Thermal Circuits property. He
explained that the intention is to provide additional access for Maynard Plastics from the
back of Thermal Circuits to Technology Way.
Carter Vinson asked if there were any conservation issues in that area. Atty. Correnti
stated that there proposal does not affect the Conservation Commission Order of
• Conditions.
Walter Power expressed his desire to have sidewalks installed along one side of the street
to allow pedestrians an area to walk. Atty. Correnti stated that they have no provisions
for a sidewalk on the main road. He did note that there would be a sidewalk along both
sides of Technology Way when both sides are developed. He also noted that he was not
sure about the cross easements that have been granted and wanted to check on that issue
with Thermal Circuits. He stated that he would look into the matter and hold off until the
next meeting and re-draft the plans for the next meeting.
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 Carter Vinson and
approved unanimously.
The meeting was adjourned at 9:30 p.m.
Respectfully submitted by:
Eileen M. Sacco, Clerk
PB031496
Page 5
• PLANNING BOARD
MINUTES OF MEETING
THURSDAY, MARCH 21, 1996
A regular meeting of the Salem Planning Board was held on Thursday, March 21, 1996 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,
Carter Vinson, Lee Harrington, and Kim Driscoll. Also present were, Assistant City
Planner Beth Debski, and Eileen Sacco, Clerk.
PUBLIC HEARING - SITE PLAN REVIEW- 224-234 HIGHLAND AVENUE
Atty. Joseph Correnti addressed the Board on behalf of his clients, The Kennedy
Development Corp. He recalled that last spring the Board gave approval for the Pep Boys
Site and that they are here this evening to present the plans for approval for the rest of the
site. He noted that they had originally proposed a restaurant for the site, but those
negotiations were called off and the developer conducted an extensive search for a suitable
tenant for the site. He noted that they contacted a number of business regarding the site,
and gave the members a list of those contacted and their responses.
• Atty. Correnti explained that they have two additional businesses for the site, one being a
Best Wash car wash and the other being a Quickava coffee shop and bakery, which is
owned by Chock-Full Of Nuts. He explained that it is a drive through concept and that
there is no seating available in the shop.
He noted that Mass. Highway is reviewing the plans and they are expecting approval any
day.
Carter Vinson asked if they have acquired the land that they need to redesign the
intersection. Atty. Correnti stated that is presently under agreement. He also noted that
the traffic engineers and consultants are present at this meeting to answer any questions
that the Board may have.
Atty. Correnti also noted that they have met with the neighbors and reviewed the plans
with them, and have taken their suggestions into consideration. He noted that noise was a
concern for the neighbors and in response to that they have moved the location of the
vacuum stations at the car wash.
He also explained that there have been some major changes to the traffic flow into the site,
from the plan that the members received in their packets. He reviewed a rendering of the
site with the members. He also noted that the location of the Pep Boys building has been
• reduced in size and been moved 10 feet from the street.
Page 1
• Atty. Correnti explained that Quickava is new to the area and there is one located in
Lynnfield at the Circle, and noted that the design of the building will not be the same at
that one.
Carter Vinson questioned why the Board did not receive a new traffic study showing the
three uses on the site. Mr. Skully addressed the question and stated that they updated the
previous study that was done for Pep Boys. He stated that they counted a couple of car
washes and Quickavas at several peak hours and times. He noted that they focused their
attention after 9:00 a.m. when most retailers open for business. Carter Vinson stated that
he would like to see the Quickava early morning numbers. Mr. Skully stated that they did
not do a peak morning survey, but they would do so if the Board requests one.
Gene Collins questioned whether they did new counts or just used previous data that they
had. Mr. Skully stated that they did new counts.
Lee Harrington asked if Quickava would be a company owned store or a franchise. Atty.
Correnti stated that it would be a franchise.
Kim Driscoll asked what they status of the approval from Massachusetts Highway was.
Atty. Correnti stated that they are reviewing the plan informally and some changes have
been made. He also noted that they have taken quite some time reviewing the plan.
• Gene Collins expressed his concern that the traffic in the area would get congested if the
traffic signals were not timed properly. Atty. Correnti stated that they have looked at
ways to improve the intersection. He also noted that the developer is contributing to the
Highland Avenue Highway Study.
Carter Vinson stated that he would like to have a depiction of the Quickava showing the
morning rush, with cars shown in a cue.
David Hart requested that they investigate the turn into the entrance to the Quickava drive
through, noting that it looks like a difficult turn. He also questioned the height of the bays
in the self service portion of Best Wash.
Walter Power opened the meeting up to public comment at this time.
Michael Panneton addressed the Board and stated that he was concerned about the
potential noise from the site, noting that in the summer time they can hear the speakers
from the Burger King across the street. Tom Kennedy addressed the concern and stated
that a sound study has been ordered and it is in process.
Ward Four Councillor Leonard O'Leary addressed the Board and stated that the neighbors
are not opposed to the plan, but they are concerned about the noise. He also requested
• that they hours of operation be put in writing.
Page 2
• Joe Zullas of 11 Greenlawn Avenue addressed the Board and expressed his concern about
the height of the fence and the noise from the vacuums.
Richard Swiniuch of 14 Glen Avenue addressed the Board and stated that
they have come to many meetings regarding this project, and that they have worked with
the developer. He noted that they had hoped that Pep Boys would be completed by now,
and they would not have to deal with the construction over the summer months. Mr.
Swiniuch also asked the Board to insure that the neighborhood improvements that the
developer has promised are fulfilled. He suggested that the developer put the money in
escrow to insure that the improvements are carried out in a timely manner. He asked the
Board to consider the promises and agreements that have been made with the neighbors.
Tom Kennedy addressed the Board and stated that he has agreed to several improvements
in the neighborhood, and that upon final approval of the project he will put up an amount
of money.
John Moustakis stated that he was not happy about the way the trees were removed from
the site and the condition that the site was left in.
Carter Vinson agreed noting that the project has been on the table for a year and a quarter
and he would like to see a bond in place to restore the vegetation in the event that the
project does not go forward.
• David Hart asked if they were seeking a variance for the eight foot fence. Atty. Correnti
stated that they have received a variance for the fence. David Hart also requested a
rendering of the site sections and the signage for the site.
Michael Panneton addressed the Board again and questioned if the waste water from the
car wash would be drained into the wetland or if it would go into the city storm drainage.
It was explained that the waste water from the car wash would go through a recycling
system and all of the water would go into MDC traps and would be hauled away by a
licensed hauler, and no water would go into the city storm drainage system.
Kim Driscoll asked what the busy season for the Best Wash would be. It was noted that it
starts with the first snow fall until about March and then it slows down.
Motion made by John Moustakis to continue the Public Hearing to April 4, 1996,
seconded by David Hart and approved unanimously.
The Board decided to schedule a site visit for after the next meeting, when they have the
information that they requested.
• Page 3
• AMENDED SITE PLAN - THERMAL CIRCUITS
Beth Debski explained that they have added a sidewalk to the plan as requested by the
Board.
There being no further questions regarding the matter, a motion was made by David Hart
to approve the amended site plan for Thermal Circuits, seconded by Bill Cullen and
approved unanimously.
FORM A- CALUMET STREET
Arty. Jack Keilty addressed the Board and presented a Form A for Calumet Street. He
noted that it was a pre-existing non conforming lot, and that they are taking parcel P to
create two lots. He also explained that they examined the records in the building
inspectors office and found that the lot was grandfathered in March of 1994.
Councillor Leonard O'Leary addressed the Board and stated that he thinks that the lot was
in common ownership. Atty. Keilty stated that there was no zoning changes at the time of
common ownership that impacts the lot.
Carter Vinson stated that he has concerns about releasing a lot from an approved
subdivision. Atty. Keilty stated that they would be willing to give a covenant stating that
• the lot will not be utilized until the roadway is built.
Atty. Keilty stated that he would draw up a new covenant.
Walter Power addressed the Board and noted that regardless of zoning issues this Form A
is creating a better lot.
Motion made by Carter Vinson to continue the public hearing to the meeting of April 4,
1996, seconded by David Hart and approved unanimously.
ENDORSEMENT OF PLAN AND COVENANT - 1 BROOKS STREET
Beth Debski addressed the Board and noted that the covenant has been reviewed and
approved by Leonard Femino.
Motion made by John Moustakis to approve the covenant as presented, seconded by Bill
Cullen and approved unanimously.
• Page 4
• OLD/NEW BUSINESS
Fafard Phase 3B - Street Names
Beth Debski addressed the Board and stated that the Board needs to approve the street
names for Fafard Phase 3B, so that they can be sent to the City Council for approval. She
noted that the proposed names are Admirals Lane, Captain's Bounty Way, and Ensigns
Lane.
Lee Harrington addressed the Board and expressed his objection to the choices for the
names of the streets. He stated that he feels strongly that they should be named after
veterans who served this country.
David Hart noted that the developer has a theme going throughout the entire
development.
Gene Collins suggested that the developer should choose names that are fitting and in
keeping with the historical aspects of Salem.
Motion made by Lee Harrington to have the developer name the streets in Phase 3B after
Salem veterans that were killed in action, seconded by Gene Collins and the vote was a 4-
4 split.
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 10:00 p.m.
Respectfully submitted by:
Eileen M. Sacco, Clerk
pb032196
Page 5
• SALEM PLANNING BOARD
MINUTES OF MEETING
THURSDAY, MAY 30, 1996
A regular meeting of the Salem Planning Board was held on Thursday, May 30, 1996 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,
Lee Harrington, Carter Vinson, and Kim Driscoll. Also present were Acting City Planner
Beth Debski, and Eileen Sacco, Clerk.
Public Hearing - Waiver from Frontage - 12 Cleveland Street
Atty. Steve Lovely addressed the Board on behalf of his client, Arthur Raby. He
explained that they are proposing to subdivide the property into two lots, and the newly
created lot is the proposed site of a single family dwelling. He also noted that they
received a variance from use, lot size and frontage requirements from the Board of Appeal
on April 17, 1996. Atty. Lovely further noted that the neighbors supported the proposal
at the Board of Appeal.
Atty. Lovely noted that the prospective buyers of the property, Mr. &Mrs. Kelly are
• present this evening and have sold their home and want to move this along quickly.
Atty. Lovely showed the Board a map of the neighborhood and the surrounding area.
Carter Vinson asked if they had filed for a Notice of Intent with the Conservation
Commission. Atty. Lovely stated that they have filed with the Commission and that a site
visit is scheduled for June 3, 1996 AT 6:00 p.m.
Carter Vinson asked what issues are of concern to the Conservation Commission. Atty.
Lovely stated that there was a concern about some filling that had been done on the
property in 1990, but that was in the back of the property and not the area of the proposed
location of the house. Carter Vinson asked if any of the Conservation Commission issues
could affect the footprint of the proposed dwelling. Atty. Lovely stated that a new plan
would be filed with changes to the size of the house, so as to have no impact on the
wetlands.
Beth Debski noted that the issue of the location of the dwelling has not been decided.
Carter Vinson stated that he would rather that the Conservation Commission issue an
Order of Conditions, before the Planning Board continues with this, noting that the Board
usually likes to have the decisions of the other Boards and Commissions prior to the
matter coming before the Board.
• Page 1
• Walter Power questioned why a petition that was presented to the Board of Appeal was
signed by so many residents of Story Street. Atty. Lovely noted that they are abutters to
the property.
Motion made by Carter Vinson to continue the public hearing to June 20, 1996, seconded
by David Hart and approved unanimously.
Arty. Lovely invited the Planning Board members to attend the site visit with the
Conservation Commission on June 3, 1996 at 6:00 p.m.
RELEASE OF COVENANT - TRI PARTITE AGREEMENT - CALUMET STREET
Arty. Jack Keilty addressed the Board and explained that the subdivision is well under way
and that they have addressed the neighbors concerns to their satisfaction.
Walter Power stated that he would like to see the neighbors held harmless, before this
project is completed. Atty. Keilty stated that they could provide a letter stating that.
Atty. Keilty explained that they are requesting to have the covenant released for the
Calumet Street Subdivision, and replace it with a Tri-partite agreement in the amount of
$44,000.00 as determined by the Planning Department Clerk of the Works. He noted that
the remaining work to be completed is sidewalk, the planting strip, the planting of the
• trees, and the drainage swale.
Motion made by Carter Vinson to release the Covenant for the Calumet Street
Subdivision, seconded by Lee Harrington and approved unanimously.
Motion made by John Moustakis to accept the Tri-Partite agreement for the Calumet
Street Subdivision, seconded by Bill Cullen and approved unanimously.
Release of Covenant - 1 Brook Street
Atty. Jack Keilty addressed the Board and explained that his client Philip Singleton is
financing the construction of a pre fabricated dwelling and the roadway. He explained that
they have arranged for the bank to advance $10,000.00 for the construction of the
infrastructure and the roadway itself, but that the covenant is considered an encumbrance
on the property and, they would like to have it released so that financing for the house can
be completed. He noted that since the delivery of the house should take place as the
roadway is being completed, there would be substantial work completed he is confident
that roadway would be completed prior to the need for an occupancy permit.
Carter Vinson stated that since this is a small project, he did not see a problem with it.
Page 2
• 2
• Beth Debski suggested that she could hold on to the release until the pavement of the
roadway is completed and that should satisfy the bank.
Motion made by Kim Driscoll to release the covenant for 1 Brook Street, with the
condition that the Release be held in the Planning Department until the roadway and
infrastructure are completed, seconded by Carter Vinson and approved unanimously.
Continuation of Public Hearing - Site Plan Review Special Permit - Sears Hardware Store
Beth Debski noted that the issue of the intersection was resolved at the last meeting, and
suggested that the Board review the draft decision she prepared for the project. Beth
reviewed the draft decision with the Board.
David Hart noted that on March 1, 1996 the Code of Massachusetts Regulations (CMR)
had changes that became effective as of that date. Beth Debski stated that the contractor
is held to the regulations that are in effect at the time of construction.
Kim Driscoll requested that a special parking area for construction vehicles be designated
for the duration of the construction, and that parking should be prohibited on Traders
Way.
Bill Cullen suggested that the developer should be required to provide portable toilets on
• the site. Beth Debski agreed that noted that it should be added to the standard
construction practices issued by the Board.
Atty. Joseph Correnti noted that Councillor Donahue requested that an access for One
Way Lumber be included in the plan and there would be a 12 foot driveway from One
Way Lumber to Sears. He also noted that there would be a private agreement between
the parties.
There being no further questions or comments regarding the plan, a motion was made by
Kim Driscoll to close the Public Hearing, seconded by John Moustakis and approved
unanimously.
Motion made by Lee Harrington to approve the Site Plan Review Special Permit for Sears
Hardware Store, seconded by John Moustakis and approved unanimously.
Continuation of Public Hearing - Site Plan Review Special Permit - Fafard Phase IV
Atty. Joseph Correnti addressed the Board and stated that he had talked with Chris Burke
regarding the ancient trail and that he had suggested a location that would be a natural
opening along the side of the road along First Street.
Page 3
• 3
• He stated that Fafard would provide the man power and machinery to clear the pathway
into the woods. He also noted that the parcel is owned by the Salem Housing Authority
and they hold title to the property
John Moustakis noted that he felt that the trail system was a good idea. Walter Power
recalled that when the original plans were being considered for the PUD testimony was
given that the ancient trails should be preserved and the Planning Board has tried to
accommodate that.
Atty. Correnti reviewed the plans for the Vista. He noted that since the last meeting some
changes have been made to the plans regarding that area. He explained that they originally
proposed 44,000 s.f and that has now been changed to 18,000 s.f. He noted that this is a
smaller area to maintain, while keeping the original intent. Carter Vinson asked how they
would treat the slope around the vista. Atty. Correnti stated that they plan to landscape
the area with plantings.
John Moustakis asked if the area would be open to the public. Walter Power stated that it
was the original intent of the plan for the area to be opened to the public. Harry Mack
suggested that they could set up a schedule for public access, and try that for a year, and
at that time make adjustments if necessary. He also noted that the area would be
maintained by the condo association and that he sees no problems as long as the area is
kept in its natural state.
• David Hart noted that the change in the Vista, is a revision to the plan. Atty. Correnti
noted that the revised plans would be submitted prior to approval.
Carter Vinson asked what type of landscaping would be used within the site. Harry Mack
stated that the landscaping would be a mixture of hardwood and evergreen as is planned
for phase 4 and that they would retain the trees at the top of the slope.
David Hart noted that there are new blasting regulations that the developer should be
aware of for this phase of the construction.
There being no further information regarding the plans a motion was made by Bill Cullen
to close the public hearing, seconded by Kim Driscoll. David Hart noted that the Board
still needs to hear about the plans for the ancient trail and that closing the Public Hearing
now would not allow for the introduction of that information. Kim Driscoll noted that the
information on the ancient trail would be a clarification of information and not an
introduction of new information, so the Board could discuss it after the close of the public
hearing.
Page 4
• 4
• Carter Vinson asked if snow removal had been addressed. Atty. Correnti noted that the
snow removal plan and the emergency vehicle access has been approved by the fire
Inspector.
There being no further discussion on the motion the Board voted unanimously to close
the public hearing.
Beth Debski noted that she will prepared a draft decision for the next meeting. She also
stated that she will have Juh Reimenschneider review the landscaping plan before the next
meeting and have her make suggestions.
Lee Harrington noted that he has had discussions with various veterans regarding the
names of the streets in the Fafard Development.
OLD/NEW BUSINESS
Carter Vinson suggested that the Planning Board meeting of July 18, 1996 could be a held
as a get together with the Board of Appeal, noting that the two Boards met last year and it
seemed to be successful.
David Hart asked that the Planning Board review the assessors map of the Highland
Avenue area to Swampscott Road and review the sidewalks etc. in the area.
John Moustakis asked about the status of the Salvation Army project that was approved
by the Planning Board. Beth Debski noted that she had recently been informed that they
are in a fundraising campaign and that they may be in soon to start permitting etc.
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 Kim Driscoll and
approved unanimously.
The meeting was adjourned at 11:00 p.m.
Respectfully submitted by:
Eileen M. Sacco, Clerk
PB053096
Page 5
40 5
• SALEM PLANNING BOARD
MINUTES OF MEETNG
THURSDAY, JUNE 6, 1996
A regular meeting of the Salem Planning Board was held on Thursday, June 6, 1996 at
7:30 p.m. in the second floor conference room at One Salem Green.
Those present were: Chuck Puleo, David Hart, John Moustakis, Bill Cullen, Lee
Harrington, Kim Driscoll, Gene Collins and Carter Vinson(8:00). Also present were
Acting City Planner Beth Debski, and Eileen Sacco, Clerk.
In the absence of Chairman Walter Power, Chuck Puleo assumed the chair and called the
meeting to order at 7:30 p.m.
AMENDMENT OF CLUSTER SUBDIVISION APPROVAL - MARLBOROUGH RD.
Atty. Jack Keilty addressed the Board and explained that the Planning Board approved
this cluster subdivision on July 20, 1995. He noted that the Order of Conditions issued by
the Conservation Commission was appealed to DEP and they have been working with
DEP to revise the plans. He explained that the revised plan reduces the number of houses
in the development from 16 to 13 and includes the addition of a detention area and the
relocation of the entrance driveway to avoid the wetland area.
• Beth Debski noted that density was a concern when the plan was originally presented and
these changes are an improvement. She explained that they need approval of the
modification so that they can go back to DEP and they will issue a superseding Order of
Conditions.. She also noted that this is the same set of plans except for sheet #2 and only
indicates the changes in the roadway and the reduction in lots.
David Hart expressed his concern about the exiting and entering traffic on Terry Way.
Beth Debski stated that they could include an island or stripping.
Motion made by Kim Driscoll to approve the modification to the Cluster Subdivision for
Marlborough Rd., seconded by Bill Cullen and approved unanimously.
FORM A - BARNES CIRCLE
Atty. Joseph Correnti, representing Robert Stillian, addressed the Board and explained
that the lot on Barnes Circle is proposed to be subdivided into two 15,000 s.f. lots with
approximately 110 feet of frontage. He also noted that the unpaved portion of Barnes
Road would be paved to complete the roadway.
• Page 1
• Chuck Puleo questioned the location of the lots with regards to the distance from the fire
hydrant. Atty. Correnti stated that both lots are within the required distance of the fire
hydrant.
David Hart asked how the utilities would be installed. Atty. Correnti stated that there is
overhead utilities on the street now and they would bring the sewer system down.
Carter Vinson asked if the sidewalks and curbing would be consistent with what is there
now. Atty. Correnti noted that the sidewalks and curbing that exists presently on the
street is sporadic, so they are not planning any sidewalk.
Chuck Puleo opened the meeting up for public comment at this time.
Eddie Desilets of 11 Barnes Ave. addressed the Board and stated that he is concerned
about the location of the houses noting that the 6" water line ends at 25 Barnes Circle.
Beth Debski noted that the other department head would have to approve the location of
the houses when the permits are issued.
Motion made by Kim Driscoll to approve the Form A for Barnes Circle, seconded by Lee
Harrington and approved unanimously.
FAFARD PHASE 4 - REVIEW OF DRAFT DECISION
• Beth Debski reviewed the draft decision for Phase 4 of the Fafard Development.
The issue of open space and the possible need for a trail head on First Street were
discussed by the Board. Carter Vinson noted that the neighbors were not present at the
meeting and felt that their concerns about the trail system should be addressed. David
Hart agreed noting that the Board gave their word that they would address that issue.
Beth Debski noted that the possible site for the trial head is owned by the Salem Housing
Authority and the city would do the permitting for that should the Housing Authority
agree to go along with the plan.
Harry Mack will work with the Planning Department to get the construction access road
relocated from First Street.
Beth Debski will revise the decision for approval at the next meeting.
Page 2
• 2
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 9:20 p.m.
Respectfully submitted by:
Eileen M. Sacco, Clerk
PB060696
•
Page 3
• 3
• SALEM PLANNING BOARD
MINUTES OF MEETING
THURSDAY JUNE 20; 1996
A regular meeting of the Salem Planning Board was held on Thursday, June 20, 1996 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, Carter
Vinson, Gene Collins, Chuck Puleo, and Lee Harrington(8:15). Also present were Acting
City Planner Beth Debski, and Eileen Sacco, Clerk.
APPROVAL OF MINUTES
The minutes of the meeting of May 30, 1996 were presented for approval.
Motion made by David Hart to approve the minutes of the meeting of May 30, 1996,
seconded by Carter Vinson and approved unanimously.
FORM A- S WAMPSCOTT ROAD - ATTY. JEFF STILLMAN
Arty. Jeff Stillman addressed the Board and explained a request for a Form A on
Swampscott Road. He stated that the land is owned by the North Shore
Tennis and Squash Club. He explained that one lot is a disputed lot that is in land court
• proceedings for adverse possession.
Carter Vinson questioned why they did not just register all of the land. Atty. Stillman
stated that one lot is registered and the other is recorded and that there is a note on the
plan that lot 2 is not a separate and buildable lot, and it will be retained by the N.S. Tennis
Club to be used in conjunction with their abutting land shown as lot 569. Atty. Stillman
also noted that there is no recorded owner of the lot in question and that the Tennis Club
has been paying the taxes.
Motion made by Carter Vinson to approve the Form A as depicted on the plan, seconded
by John Moustakis and approved unanimously.
FORM A - 224-234 HIGHLAND AVENUE
Atty. Joseph Correnti addressed the Board and explained that the Pep Boys site is
comprised of six parcels and all of them are under agreement, with closings scheduled for
the second week of July. He noted that all of the parcels are not buildable, but they need
to file one plan that shows all of the lots, to show what makes up the site.
Atty. Correnti also explained that they have another Form A for the site that shows parcels
1, 2, and 3. He noted that there are cross easements on all of the lots.
• Page 1
• Carter Vinson asked where the ten foot easement was. Atty. Correnti noted that it is not
shown on the plan but it will be on the deed.
John Moustakis asked if they have a construction schedule for the project. Atty. Correnti
stated that the site prep for the entire site will be done at once.
Motion made by Gene Collins to approve the Form A plans, seconded by Carter Vinson
and approved unanimously.
12 CLEVELAND STREET - REQUEST TO WITHDRAW
Beth Debski explained that she has received a request to withdraw the application for 12
Cleveland Street by Atty. Lovely. Beth Debski reviewed the history of the property for
the Board.
Carter Vinson questioned whether the Board should allow people to withdraw an
application simply because questions are raised about the property. He stated that he felt
that in this instance the applicant should be allowed to withdraw with prejudice. He also
stated that he does not like to see people manipulating the time of the Board.
David Hart agreed and stated that he did not feel that the Board has enough information
to decided whether to allow them to withdraw, with or without prejudice.
• Carter Vinson stated that he would like to know the ramifications of allowing the
applicant to withdraw with or without prejudice.
John Moustakis requested that the Board get an opinion from the City Solicitor and
continue the matter to the meeting of September 5, 1996.
Motion made by John Moustakis to continue the matter to September 5, 1996 seconded
by Chuck Puleo and approved 5 - 1 - 1, with Gene Collins opposed and Lee Harrington
abstaining.
SITE PLAN REVIEW SPECIAL PERMIT - DECISION - FAFARD CORP.
Beth Debski reviewed the decision with the Board.
The Board discussed the offsite trail head and Carter Vinson noted that the developer has
made a legitimate effort to address the issue and he did not see that approval should be
held up because of that. Walter Power stated that he would like to see an alternative plan
in the event that the Salem Housing Authority does want to cooperate. Beth Debski
stated that she felt that the Planning Department should go for the approval process when
this is settled and the developer would pay for it.
Page 2
•
2
• Walter Power questioned who would maintain the vista area. He stated that he is not
opposed to leaving it in a natural state. Preston Hall stated that he felt that it would
remain as it is for now.
Motion made by Carter Vinson to approve the Site Plan Review Special Permit with the
accompanying Order of Conditions as amended, seconded by David Hart and approved
unanimously.
Carter Vinson commended the developer and Atty. Correnti, noting that each phase of the
development has improved and further noted that the number of neighbors attending the
meetings regarding this development has dwindled with each phase.
RELEASE OF PARCEL P - CALUMET STREET
Beth Debski addressed the Board and stated that she has had a request to release money
held for the balance of the subdivision. Carter Vinson reviewed the release form.
Motion made by Carter Vinson to release parcel P, lot 2, for Calumet Street, seconded by
Lee Harrington and approved unanimously.
OLD/NEW BUSINESS
• Beth Debski informed the Board that there are no items on the agenda for the July 18,
1996 meeting. Motion made by Gene Collins to cancel the meeting on July 18, 1996,
seconded by Lee Harrington and approved unanimously.
There being no further business to come before the Planning Board at this time, a motion
was made by David Hart to adjourn the meeting, seconded by Lee Harrington and
approved unanimously.
The meeting was adjourned at 9:15 p.m.
Respectfully submitted by:
Eileen M. Sacco, Clerk
Salem Planning Board
PB062096
Page 3
• 3
• SALEM PLANNING BOARD
MINUTES OF MEETING
THURSDAY, SEPTEMBER 5, 1996
A regular meeting of the Salem Planning Board was held on Thursday, September 5, 1996
at 7:30 p.m. in the second floor conference room at One Salem Green.
Those present were: Chuck Puleo, Gene Collins, Lee Harrington, Bill Cullen, and Carter
Vinson(7:40). Also present were City Planner Craig Wheeler, Assistant City Planner
Beth Debski, and Eileen Sacco, Clerk.
In the absence of Chairman Walter Power, Chuck Puleo assumed the chair and called the
meeting to order at 7:45 p.m.
Chuck Puleo informed those present at the meeting that there were a couple of items on
the agenda that were being postponed to the next meeting because there were four
Planning Board members who were unable to attend this meeting.
SITE PLAN REVIEW- 100 SWAMPSCOTT ROAD - PROPOSED MINI ATURE
GOLF COURSE
Atty. Joseph Correnti addressed the Board and requested that the matter be continued to
• the next meeting of the Planning Board since there is not a full Board present at this
meeting.
Motion made by Carter Vinson to continue the matter to September 19, 1996, seconded
by Bill Cullen and approved unanimously.
SITE PLAN REVIEW- CHAMPLAIN ROAD - PROPOSED 4 LOT SUBDIVISION
DANIELLE CIRCLE
Atty. Jack Keilty addressed the Board and requested that the matter be continued to the
next meeting of the Planning Board since there is not a full Board present at this meeting.
Atty. Keilty stated that he would be willing to meet with the neighbors present in another
room tonight to answer questions regarding the proposal.
Motion made by Bill Cullen to continue the matter to the next meeting of the Planning
Board, seconded by Gene Collins and approved unanimously.
•
1
• FORM A- PROCTOR STREET
Sean Michaud addressed the Board and explained that the Board approved plans for this
lot last year, and at the time they wanted to build a deck, but they did not meet setback
requirements. He noted that he has worked that out with the neighbors and he wants to
purchase the land to accommodate the deck.
Motion made by Carter Vinson to approve the Form A for Proctor Street, seconded by
Lee Harrington and approved unanimously.
FORM A - CALUMET STREET
Arty. Jack Keilty addressed the Board and explained that the Form A will accommodate
the Melins'and give them a little more land. He noted that parcel E2 would be conveyed
to the Melins'.
Motion made by Gene Collins to approve the Form A for Calumet Street, seconded by
Lee Harrington and approved unanimously.
OLD /NEW BUSINESS
Wendy's - Sound Stud
• Beth Debski reported that as condition by the Planning Board, Wendy's has completed a
sound study of the site since the opening of the store. She gave the Board members a
copy of the letter from the consultant who did the study.
Waiver from Frontage - Cleveland Street - Request to Withdraw
Beth Debski reported that she received an opinion from City Solicitor Robert Ledoux as
requested by the Planning Board on the issue of allowing an applicant to withdraw with or
without prejudice, and a copy of the letter was included in the meeting package of all
members.
Carter Vinson stated that he would strongly encourage all Attorney's to get all of the
required approvals for projects prior to coming to the Planning Board, noting that he
could not believe that the applicant did not think that there would be conservation issues
given the history of the property.
Beth Debski noted that the Conservation Commission denied the applicant a notice of
intent and that they have not appealed the decision so there is no rush to act on this
request.
•
2
• Gene Collins suggested that the matter be continued to the next meeting.
Osco Drug Site
Carter Vinson asked what was going on at the Osco Drug site noting that it looks like a
used car lot. Beth Debski will check on that and report to the Board.
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 8:20 p.m.
Respectfully submitted by,
Eileen M. Sacco, Clerk
PB090596
3
SALEM PLANNING BOARD
• MINUTES OF MEETING
THURSDAY, SEPTEMBER 19, 1996
A regular meeting of the Salem Planning Board was held on Thursday, September 19,
1996 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, Carter
Vinson, Bill Cullen, Gene Collins, Lee Harrington, Chuck Puleo, and Kim Driscoll. Also
present were City Planner Craig Wheeler, Assistant City Planner Beth Debski, and Eileen
Sacco, Clerk.
DETERMINATION OF SPECIFIC AND MATERIAL CHANGE - 103 BOSTON ST.
Mr. Selesnick addressed the Board and reviewed the history of his property. He noted
that he has made changes to the plan since he was denied at the Board of Appeal and is
requesting that the Board find that he has made specific and material changes to his plans.
Mr. Selesnick explained that his present plans do not require a parking variance, as they
will be providing off street parking in other areas that they own. He also noted that they
have reduced the plan to 4 offices from the original 6 proposed.
Carter Vinson addressed Mr. Selesnick and noted that at the Board of Appeal meeting
• there was at least one neighbor that was concerned about the extension of office space
into a residential neighborhood, and questioned whether that was noted in the ZBA
decision. Mr. Vinson added that if the applicant is claiming economic hardship, that
should be addressed by the council. Mr. Selesnick stated that the ZBA had issues with the
topography.
Ward Four Councillor Leonard O'Leary spoke on behalf of Paul Butler, an abutter, and
noted that he is concerned about the zoning changes being allowed in a residential
neighborhood, and that he was afraid that if the Planning Board allows them to go back to
the ZBA they are sending a message.
Walter Power noted for those present that the Planning Board is not charged with
determining that this is the proper use for the property, and explained that the Board can
only rule on whether a specific and material change has been made to the plans. He also
noted that he is concerned about sending back repetitive plans for consideration.
Cater Vinson noted that the applicants request was for a use variance, and that he is
concerned about residential neighborhoods being spot zoned. He also noted that he does
not think that they should be able to go back to the ZBA with the same use request if they
were denied.
• 1
Kim Driscoll noted that the applicant originally requested a parking variance and a use
• varianceand in her mind this is a substantial change, since they are no longer seeking
a parking variance, and they have reduced the number of offices.
Motion made by Gene Collins to approve the specific and material change for 103 Boston
Street, seconded by Lee Harrington and approved 8-1 with Carter Vinson opposed.
FORM C - DANIELLE CIRCLE - ATTY. JACK KEILTY
Atty. Jack Keilty addressed the Board and explained that his clients Philip and Nancy
Singleton are proposing a 4 lot subdivision off Champlain Road. The new road is
proposed to be called Danielle Circle. He also noted that the lots conform to the zoning
regulations and they are proposing construction of a public way. Atty. Keilty noted that
they have had one meeting with some of the abutters and they are addressing their
concerns. He noted that they have filed for a Notice of Intent with Conservation
Commission, and the Commission has begun the public hearings.
Atty. Keilty noted that there was a concern about the drainage flow going into the brook,
and they are proposing a detention basin to capture the water. He also noted that there is
a concern about access to St. Ann Park and they are endeavoring to create an easement
for the neighborhood to provide that access. He also noted that they are willing to
accommodate the neighbors but there is a marketability issue in trying to incorporate the
access onto the newly developed lots.
• Atty. Keilty also explained that they plan to extend the paving on Arthur Street and
Champlain Road, to the cul-de-sac, that they are calling Danielle Circle for now, noting
that the fire department objects to the name because it is too similar to existing steet
names.
Jim McDowell addressed the Board and reviewed the plans.
Carter Vinson noted that 3 of the 4 dwellings are in the buffer zone and asked if there has
been any concern about that raised by the Conservation Commission. Mr. McDowell
noted that the dwellings have a 45 foot setback from the resource area. Carter Vinson
asked if the Conservation Commission has requested any reconfiguration of the lots. Mr.
McDowell noted that they are still in the process of public hearings with the Commissison.
Atty. Keilty stated that there is also some underlying zoning and that the property is cross
zoned RC and RL Carter Vinson stated that he was under the impression that they would
have to deal with the more restrictive use which would be the RC and noted that it was
not indicated on the plan. Atty. Keilty stated that they would add that to the plan.
• 2
Walter Power read the reports from the other Boards and Commissions regarding the
• project.He noted that the Conservation Commission needs more information, the
Engineering Department has concerns, the Fire Department does not concur because of
the proposed name of the roadway, the Building Inspector is requesting additional
information, the Board of Health approved the plan at its August 18, 1996 meeting with
conditions.
Walter Power also read two letters from two abutters Mable Tremblay and Margurite
Belanger, expressing concern about the proposed blasting for the project.
Walter Power opened the meeting up to public comment at this time.
Ward Three Councillor John Donahue addressed the Board and stated that there are many
problems with this project and suggested that the simple solution to address the concerns
of the neighbors would be to deny the project. He also noted that he is concerned that the
use does not conform to the intent of the zoning bylaws. Councillor Donahue also noted
that there is a lot of ledge in there and in some cases it runs into the basements of the
homes in the area of Arthur Street. He stated that the neighborhood is not in favor of the
project.
Larry Denis addressed the Board and expressed his concern about the blasting, noting that
the ledge runs under Champlain Road and into peoples homes. Margurite Belanger of 25
Wilson Street addressed the Board and expressed her concern about the use of the path to
• St. Ann Park. She stated that it does exist and that she has walked it.
Mr. Belanger addressed the Board and stated that the ledge in the area is extensive and he
is concerned about the blasting.
Councillor Donahue noted that at the previous meeting, when the petition was continued,
there were a lot more people in attendance, noting that there are more people opposed to
this project that were unable to attend the meeting.
Andrew King of 26 Read Street addressed the Board and stated that he would like to see
the path remain and that he is also concerned about blasting.
Walter Power suggested that a site visit would be in order.
Chuck Puleo requested that they mark off the foundations prior to the site visit.
Bill Cullen questioned whether there was any information available about blasting this kind
of ledge. Mr. McDowell stated that they would provide the Board with some information
on that.
• 3
Carter Vinson suggested that since blasting might not be the best method for removal of
• ledge at the site, that they explore hydraulic removal.
Motion made by Bill Cullen to continue the public hearing to October 17, 1996, seconded
by Gene Collins and approved unanimously.
The Board scheduled a site visit for October 5, 1996 at 8:30 a.m.
FORM C - STATION ROAD EXTENSION
Chuck Faia of Parsons and Faia addressed the Board and explained the location of the
property. He noted that in 1989 the Board approved a 12 lot subdivision for this property
and they have reconfigured the plan and reduced the number of lots to 10. He also
explained the proposed drainage detention area and the locations of them.
Mr. Faia also noted that the neighbors have some flooding problems now and this
development would not impact those problems
John Moustakis asked if there was any blasting proposed. Mr. Faia stated that they there
is a hill that they need to excavate.
Carter Vinson suggested that if they could delineate the location of the wetlands, that
would be helpful to the Board.
• Walter Power asked what kind of landscaping they plan to use for the detention area. He
noted that he was concerned about mosquitoes and the impact that it would have on the
value of the houses.
David Hart requested that they provide drainage calculations. Beth Debski noted that the
Engineering Department is reviewing that information.
Chuck Puleo suggested that they could use the whole edge of the wetland for the
detention area.
Lee Harrington questioned what they plan for utilities. Mr. Faia stated that there is
overhead utilities in the area. Beth Debski stated that underground utilities would be
required.
Walter Power opened the meeting up to public comment at this time.
Mike Shea of Marion Road addressed the Board and expressed his concern that this
project would affect the whole area, noting that there are already drainage problems in the
area.
• 4
Martha Hogan of Moffatt Road addressed the Board and expressed her concern about
• blasting and requested that the developer perform pre blast surveys. She also noted that
she is concerned that since 1970 the land has gotten wetter and there is standing water in
some locations.
Carter Vinson noted that much of this land is in the buffer zone and questioned where the
Conservation Commission was in the process of issuing a notice of intent. Mr. Faia stated
that they are in the process of reviewing the plans with the Commission and that the public
hearing has been continued to October 10, 1996. Carter Vinson stated that he would like
to see the decision of the Conservation Commission before the Planning Board decides on
the matter.
Walter Power read the comments from other city Boards and Commissions.
The City Engineer noted areas of concern regarding drainage and requested a video
inspection of the pipes along Loring Avenue to the site. The Board of Health tabled the
matter until the decisions of the other Boards and Commissions have been issued.
Motion made by David Hart to continue the Public Hearing to October 17, 1996,
seconded by Carter Vinson and approved unanimously.
FORM C - CLARK AVENUE - KEN STEADMAN
• Ralph Reid addressed the Board on behalf of his client Ken Steadman and explained the
plans. Mr. Reid noted that the property is 2.9 acres and they plan to build 6 single family
homes. He also noted that the area has substantial wetlands and there is a small area that
they are proposing to fill in, and they are meeting with the Conservation Commission next
week. Mr. Reid also noted that Mr. Steadman would be the developer and the contractor
for the project. Mr. Reid reviewed the plans and noted that they are not proposing any
additional fill.
Walter Power asked if they are requesting any waivers. Mr. Reid stated that they are only
seeking a waiver from the length of the roadway
David Hart suggested that they look at reducing the expanse of the paved material on the
site. Ken Steadman stated that he would like to look into that. Beth Debski suggested a
planting island within the cul-de-sac might be considered.
Walter Power read the comments from the other Boards and Commissions. The
Conservation Commission needs more information and has a public hearing scheduled for
September 29, 1996. The Building Inspector concurs with the plan. The Board of Health
approved the plan with their standard conditions.
Walter Power opened the hearing up to public comment at this time.
• 5
Motion made by Bill Cullen to continue the public hearing to October 3, 1996, seconded
• by Gene Collins and approved unanimously.
A site visit was scheduled for September 28, 1996.
OLD/NEW BUSINESS
Cleveland Street / Waiver from Frontage - Request to Withdraw
Beth Debski addressed the Board and explained that the applicant Arthur Raby requested
to withdraw the petition without prejudice, and the Board has had discussions about this
and requested an opinion from the City Solicitor which was received and a copy of the
letter given to the Board Members.
Carter Vinson explained his feelings about this situation and noted that he wanted people
to focus on the letter from Atty. Ledoux. He also noted that he would like the Attorneys
who come before the Board, to have their other needed approvals before they come to the
Planning Board.
Motion made by Gene Collins to allowthe applicant to withdraw the request for a waiver
from frontage, without prejudice, seconded by Lee Harrington and approved 8-1 with
Carter Vinson opposed.
• Marlboroup-h Road - JoseDh Furnari
Beth Debski addressed the Board and noted that the Board approved the subdivision in
July of 1995 and the Conservation Commission issued an Order of Conditions that was
appealed to DEP. She noted that they have worked on the plan for year, and DEP has
seen the plan and they will issue a superseding Order of Condition. She stated that she has
reviewed the plan and everything is in order. She also noted that the applicant needs to
present a signed plan to DEP, and requested that the Board sign the plan this evening.
Motion made by Bill Cullen to sign the plan, seconded by John Moustakis, and approved
unanimously.
• 6
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 10:30 p.m.
Respectfully submitted by:
Eileen M. Sacco, Clerk
Salem Planning Board
PB091996
• 7
• SALEM PLANNING BOARD
MINUTES OF MEETING
THURSDAY, OCTOBER 3, 1996
A regular meeting of the Salem Planning Board was held on Thursday, October 3, 1996,
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, Carter
Vinson, Gene Collins, Lee Harrington, Chuck Puleo, Bill Cullen, and Kim Driscoll. Also
present were Assistant City Planner Beth Debski, and Eileen Sacco, Clerk.
FORM A - SHAUGHNESSY HOSPITAL
City Solicitor Robert Ledoux addressed the Board and explained that the Form A is
needed as part of the process of selling Shaughnessy Hospital. He also explained that the
plan requires 3 Form A for the transaction. Atty. Ledoux explained the plan and noted the
parcels for each Form A.
Motion made by Carter Vinson to approve the Form A's as shown on sheet 1, sheet 2, and
sheet 3, seconded by John Moustakis and approved unanimously.
FORM A - CABOT FARM- ANDREW LUTTS
• Andrew Lutts addressed the Board and explained that he is proposing to subdivide a lot
containing 28,595 s.f., which has an existing single family dwelling and a barn on the
property. He also noted that the new lot will have 111 feet of frontage on Orne Street
Extension. He explained that he intends to subdivide it from the Lutts' Cabot Farm
property.
Carter Vinson asked Mr. Lutts if he has any plans for expansion of the house. Mr. Lutts
stated that he is not planning any construction at this time.
David Hart asked where the house was located in relation to the road. He expressed
concern about fire trucks accessing the property. Mr. Lutts noted the location of the
house and the location of the roadway. He also noted that there is room for the fire trucks
to access the property.
Motion made by Gene Collins to approve the Form A for Cabot Farm, seconded by Lee
Harrington and approved unanimously.
1
• CONTINUATION OF PUBLIC HEARING - FORM C - CLARK AVENUE
EXTENSION
Ken Steadman addressed the Board and stated that since the site visit he has walked the
site further and there are no culverts or pipes out there, noting that it is a woods. Mr.
Steadman also noted that he met on the site with Conservation Commission Chairman
Fred Hamey and his response was positive. He noted that there is one piece of the
wetland was flagged under the roadway, and he stated that the Conservation Commission
is considering waiving that, due to the circumstances under which it was created, but that
has not been voted on. He noted that the area was created as the result of the fill that was
placed there.
Beth Debski stated that she felt that they would be able to work in a planting strip on the
site.
Carter Vinson stated that he would like to see a draft decision at the next meeting for this
project. Beth Debski agreed, noting that the Conservation Commission is meeting on the
matter next week. Carter Vinson stated that he would also like to see the plan have fewer
larger trees rather than several small trees.
Motion made by David Hart to continue the Public Hearing to October 17, 1996,
seconded by Carter Vinson and approved unanimously.
• REOUEST FOR EXTENSION OF PUD SPECIAL PERMIT - FAFARD
Atty. Joseph Correnti addressed the Board and explained that they are in the final stages
of the development of this Planned Unit Development. He noted that it was originally
granted in 1986 and was granted a five year extension in 1992 which goes through 1997.
He explained that they need the extension so that they can finish the development.
Arty. Correnti explained that in phase 3A all of the units have been sold, and that in phase
3B part one, ten of twelve units have been sold. He also noted that in phase 3B part 2
they have sold 9 units and the average price is $171,000. He estimated that they are
building and selling 40 units per year. He requested that the Board grant a 5 year
extension to the year December 31, 2001.
Motion made by Bill Cullen to extend the PUD Special Permit for Fafard Development, to
December 31, 2001, seconded by Lee Harrington and approved unanimously.
Beth Debski suggested that the Board might want to take a progress walk through the site
to see the work.
•
2
Atty. Correnti also requested that the Board move the covenant on the security for the
roadways to one of the last buildings in phase 3B, noting that some of the units are under
agreement and they need to transfer the property.
Carter Vinson asked how long it would take to complete the work, and suggested that
they secure units 50 - 54 of phase 3B.
Motion made by Kim Driscoll to move the covenant to units 50 - 54 of phase 3B,
seconded by Carter Vinson and approved unanimously.
OLD/NEW BUSINESS
Pep Boys
Beth Debski reported that there was a complaint last week about the blasting, and dirt on
the street. Beth explained that she sent a letter requesting that they sweep the streets on
Tuesdays and Fridays. She also stated that the Fire Chief has ordered them to stop
blasting at 4:00 p.m. and they have agreed.
Beth Debski noted that she was a little concerned about the way that Councillor O'Leary
handled the matter, noting that he brought the matter to the attention of the Government
Services Committee of the City Council. She explained that a meeting was held and Pep
Boys was very responsive and will have a representative on the site from now on.
Beth Debski also noted that the Fire Department has had no problems with the blasting for
the project. She noted that there was one day when they were blasting at 5:15, but that
was because there was a problem that took them all day to correct and the Fire
Department gave them approval to do that.
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 9:00 p.m..
Respectfully submitted by,
Eileen M. Sacco, Clerk
PB100396
is 3
• SALEM PLANNING BOARD
MINUTES OF MEETING
THURSDAY, NOVEMBER 7, 1996
A regular meeting of the Salem Planning Board was held on Thursday,
November 7, 1996 in the second floor conference room at One Salem Green.
Those present were: Chairman Walter Power, David Hart, John Moustakis, Bill
Cullen, Gene Collins, Kim Driscoll, and Chuck Puleo. Also present were City
Planner Craig Wheeler, Assistant City Planner Beth Debski and Eileen Sacco,
Clerk.
PUBLIC HEARING - SITE PLAN REVIEW SPECIAL PERMIT - PEABODY
ESSEX MUSEUM
Atty. John Serafini Sr. addressed the Board on behalf of his client , The Peabody
Essex Museum and introduced representatives of the museum to the Board.
Atty. Serafini explained that this project has been in the planning stages for three
and a half years in order that they would have a project that would be worthy of
the museum and the City of Salem. Atty. Serafini also noted that the museum
has done a comprehensive study and plan for a 75 million dollar renovation to
that area. Atty. Serafini introduced Dan Monroe, Executive Director of the
• Peabody Essex Museum to explain the plan.
Mr. Monroe explained that this portion of the project has three elements. He
stated that the Plummer Hall and Daland House, formerly the Essex Institute,
144 Essex Street, the Rogers Building, and 2 New Liberty Street, the former
Salem Armory drill shed, are the locations that are included in this phase of the
project. He explained that the work proposed on these buildings is essentially
interior rehab and redesign of the floor space, as well as the exterior renovation
of the Armory site will include the over riding of the elevator shaft to install an
elevator that will go to the top of the building that will be used to move
collections that will be stored there. He also noted that they will need to place
some mechanical equipment on the roof of the barracks. He also explained that
they plan to replace the windows at the Rogers Building and keep the store front
facade, so that they maintain the continuity of Essex Street.
David Hart asked for a perspective on how this project will fit into the area,
noting that it is an SRA district. Atty. Serafini stated that they are preparing a
presentation for the SRA and the Historic Commission. David Hart also
requested that they provide information on the noise levels on the equipment
that they propose for the roof top. Atty. Serafini stated that they are in the
process of getting that information and will forward it to the Planning Department
• when they receive it.
Gene Collins questioned if the project would free up any parking in that area.
Atty. Serafini stated that this project is traffic neutral in that there will be no
additional work force required for the operation of the facility upon completion.
Bill Cullen asked what the time frame for the project would be. Atty. Serafini
stated that they would like to have the permitting process completed by the end
of December and they would go out to bid this winter and be ready to start in
early April. Bill Cullen asked if the project would have any impact on the
businesses in the area. Atty. Serafini stated that most of the work is interior and
should not affect the area businesses.
Kim Driscoll noted that there are no additional parking spaces provided in the
plan. She also requested that as changes are made by other Boards and
Commissions that they keep the Planning Board apprised of those changes.
Mr. Monroe explained the Leland Library is one of the premier libraries and
explained the layout of the building and proposed renovations. He also noted
that there would be no impact on St. Peters Church.
Kim Driscoll stated that the Museum should be applauded for investing 75
million dollars in the area, but noted that she is concerned that they are not
creating additional parking. She stated that although there will not be any
• additional employees, the museum would attract more visitors, and parking
should be considered. Atty. Serafini stated that parking is a priority of the Mayor
and the City Council and they would work with the city and the community
regarding bus parking.
Chairman Power opened the hearing up for public comment at this time.
Mayor Neil J. Harrington addressed the Planning Board and noted that this was
the first time that he has addressed the Board since he has been in office. He
stated that he felt that it was important that he come and speak in favor of this
project, which is the first phase of a larger project. He noted that the museum is
a part of Salem and he has had numerous discussions with them over the past
three years. He assured the Board that if they need anything from his office
they are available and offered to meet with the Board at anytime. Mayor
Harrington stated that this is the most positive development for Salem in a long
time.
Ward 3 Councillor John Donahue addressed the Board and stated that he was
present to lend his support to the project, and noted that he is in favor of the
project.
• 2
• Councillor at Large Kevin Harvey addressed the Board and stated that he is in
favor of the project. He noted that this is a wonderful shot in the arm for Salem
and a great opportunity. He urged the Board to expedite the process so that the
project could begin.
Ward 1 Councillor Peter Paskowski addressed the Board and stated that the
museum is in his ward, and that he supports the project, however he has
concerns about the parking, and the affect on the businesses in the area. He
stated that his primary responsibility is to the residents of his ward:
Councillor at Large Scott McLaughlin addressed the Board and stated that he
whole heartedly endorses the plan.
Larry Kinder of 27 Charter Street addressed the Board and expressed his
concern that there is not plan for additional parking. He also questioned why
they have no plans for sidewalks and he is also concerned about the traffic in
the area. He noted that the streets are narrow and when the busses pull up
there the traffic is tied up.
Steve Kesselman of the National Park Service addressed the Board and stated
that the NPS is pleased with the additional use of the Visitors Center Building.
• Peter LaChapelle addressed the Board and stated that he liked the concept of
having curatorial storage at the Armory site.
Gene Collins stated that he thought that the museum addressed some issues
and noted that a museum of this stature contributes a lot to the community.
Walter Power stated that he would like to see the brick on the facade of the
Rogers Building so that it would not look patched. He also suggested that they
should have copper gutters at the rear of the building. Mr. Power also noted that
he would like to see the windows of the Rogers Building be larger than proposed
so as not to change the look of Essex Street.
David Hart requested that they show the Board photographs of the store front of
the Rogers Building.
Walter Power read the comments from other city Boards and Commissions:
The Board of Health is reviewing the plan in December.
The Building Inspector concurs with the plan.
The City Engineer concurs with the plan.
• 3
• Motion made by Bill Cullen to continue the public hearing to November 21, 1996,
seconded by Gene Collins and approved unanimously.
FORM A - 27 UNION STREET - ATTY. JANE LUNDREGAN
Atty. Jane Lundregan addressed the Board and explained the Form A plan that
she submitted for 27 Union Street. She explained that there are 2 house lots
located at 14 and 16 Herbert Street and a third lot in the rear of the property
which is 27 Union Street that were all owned by one owner. She noted that the
property is now in an estate and that they are selling the two houses and are
dividing the lot in the rear between the two lots.
Motion made by Gene Collins to approve the Form A for 27 Union Street,
seconded by David Hart and approved unanimously.
FORM A - 61 - 63 JEFFERSON AVENUE - ATTY. SCOTT GROVER
Atty. Scott Grover addressed the Board on behalf of his client John Penni and
explained the Form A plan for the former Michaud Bus Lines Property. He noted
that the property located in both the Industrial and the RC zoning districts and
the plan depicts the subdivision for the property into two lots, each with at least
• 150 feet of frontage required by the Industrial zone and greater than 40,000 s.f.
of lot area.
Atty. Grover stated that they are scheduled to close on the property on
November 22, 1996. He also noted that his client intends to sell lot one.
Beth Debski noted that City Solicitor Bob Ledoux has reviewed the cross zoning
issue and has determined that it is primarily zoned industrial.
Motion made by Bill Cullen to approve the Form A for 61 - 63 Jefferson Avenue,
seconded by Gene Collins and approved unanimously.
REQUEST FOR CONTINUATION OF PUBLIC HEARING - CLARK AVENUE
EXTENSION
Beth Debski stated that she received a letter from Ken Steadman requesting a
continuation of the Public Hearing until November 21, 1996.
Motion made by Bill Cullen to continue the public hearing for Clark Avenue
Extension to November 21, 1996, seconded by David Hart and approved
unanimously.
• 4
REQUEST FOR CONTINUATION OF PUBLIC HEARING - STATION ROAD
Beth Debski stated that she received a letter from Chuck Faia requesting that
the public hearing be continued to the first scheduled meeting in January 1997.
Motion made by Kim Driscoll to continue the public hearing to the first scheduled
meeting in January 1997, seconded by John Moustakis and approved
unanimously.
OLD / NEW BUSINESS
Beth Debski reported that she received a letter from Carter and Towers
regarding the question of frontage, and noted that it really did not provide the
information requested. She also noted that she has not heard from the Salvos'
at all.
Walter Power suggested that the Board send the applicant a letter informing
them that the information is insufficient and that the Board would like the
information prior to the scheduled site visit on November 16, 1996.
Fafard Update
• Beth Debski addressed the Board and stated that she has looked at the berm on
Whalers Lane and the pine trees have died. She stated that they wish to
replace the pine trees with arborvitae and showed the Board a sketch that
Fafard sent to the Planning Department. She noted that the arborvitae would
make better screening for the neighbors.
Motion made by Kim Driscoll to approve the replacement of the pine trees with
arborvitae, seconded by Bill Cullen and approved 6-1 with David Hart
abstaining.
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 Kim Driscoll and approved unanimously.
The meeting was adjourned at 9:45 p.m.
Respectfully submitted by:
Eileen M. Sacco, Clerk
• PB110796
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SALEM PLANNING BOARD
MINUTES OF MEETING
THURSDAY, FEBRUARY 1, 1996
A regular meeting of the Salem Planning Board was held on Thursday,
February 1, 1996 at 7:30 p.m. in the second floor conference room at One
Salem Green.
Those present were: Chairman Walter Power, Kim Driscoll, John Moustakis,
Bill Cullen, Gene Collins, Chuck Puleo, Carter Vinson, and Lee Harrington.
Also present were City Planner Bill Luster, Assistant City Planner Beth
Debski, and Eileen Sacco, Clerk.
FORM A CALUMET STREET .
Bill Luster informed the Board that Atty. Keilty requested that this matter be
postponed to the next meeting, while they try to work out some issues and the
city is satisfied with the Hilton Street project, which is also owned by the
applicant.
• APPROVAL OF COVENANT AND ENDORSEMENT OF PLAN 1
BROOKS STREET
Bill Luster informed the Board that Atty. Keilty also requested t hat this item
be postponed to the next meeting as well.
Carter Vinson addressed the Board and expressed his concern that the
decision for the Brook Street project did not read as he had intended and
requested that he or another member review future decision before they are
filed at the Registry of Deeds. Bill Luster expressed his concem that adding
two weeks io the process would be difficult. Carter Vinson stated that they
would not have to wait until the next meeting but could fax the final product
to a member to have them make sure that it reads as the Board intended. He
also noted that he did not think that the Planning Department should be
responsible for what the Planning Board says in their decisions.
• CERTEEICATE OF COMPLETION - TRADERS WAY
Beth Debski addressed the Board and recalled that two meetings ago the
request for a certificate of completion and the Board had some questions
regarding the language in the document certifying the release. She noted that
the owner of Highlander Plaza, Mr. Parachoky was present at the meeting to
answer any questions that the Board may have.
Mr. Parachoky addressed the Board and stated that he was in the process of
refinancing the property when it came to his attention that the Certificate of
Completion was never obtained. Carter Vinson stated that he felt that if the
Board is satisfied that the requirements of the covenant issued for the project
have been met, he sees no reason to subject the lots to the restrictions of the
covenant and the certificate of completion could be issued. He also noted
that the Board would not be releasing them from the PUD,just the covenant.
Bill Luster noted that Traders Way is completed and has been for quite some
time.
• The Board reviewed the language in the release form for the covenant. Kim
Driscoll suggested that the last sentence could be left out and that would be
appropriate. Carter Vinson stated that he does not have a problem with it as
it is. He also noted that he does not see that releasing this covenant does
anything but release them from the requirements.
Motion made by David Hart to approve the Certificate of Completion for
Traders Way, seconded by Bill Cullen and approved unanimously.
TECHNOLOGY WAY
Beth Debski addressed the Board and stated that she received a
communication from the City Clerk, requested that the Planning Board
formally approve the request to name the street off Swampscott Road at the
site of Thermal Circuits, Technology Way. Motion made by David Hart to
approve the name Technology Way, seconded by Lee Harrington and
approved unanimously.
• ONTMATION OF PUBLIC.I RIN - F F RD PHASE 3B - SITE
PLAN EVIEW SPECIAL PERMIT
Bill Luster addressed the Board and stated that he has prepared a draft
decision for the project that could be reviewed by the Board this evening. He
noted that the rip rap slope has been addressed in the decision and Fafard will
work with Juli Reimenschneider on the landscaping and get the right planting
scheme for the slope.
Walter Power expressed his concern that there should be a fence at the top of
the proposed wall to prevent someone from stepping off the wall and falling
down. David Hart suggested that the Building Inspector should take a look
at that and if he thinks it is needed he and the City Planner could see that it is
done. Bill Luster stated that the Building Inspector will get a copy of the
decision.
Atty. Joseph Correnti addressed the Board and stated that the subdivision
control law spells out what cities and towns can ask for in terms of covenants
etc., and noted that they would be happy to work with the Board on the
• covenant. Carter Vinson agreed that the applicant has the right to choose the
method of surety that would like to use, but noted that the Planning Board has
the right to approve the method or not.
The Board reviewed the draft decision for the project.
Condition #13 addresses the stabilization of the phase 4 area in which fill will
be removed for phase 3. Bill Luster noted that this is in response to the
neighbors concern that in 6 months if the phase 4 is not under way, the area
will not be unsightly. David Hart agreed noting that the area would look like
an open quarry.
Mr. Shimmer addressed the Board and stated that he would like more notice
of blasting. He suggested 72 hours would be acceptable. Bill Luster stated
that Fafard should send a letter to the neighbors detailing how they plan to
handle the blasting.
Bill Luster reviewed condition 24 and noted that he does not have an opinion
• from the City Solicitor regarding the restriction of building, so he is not sure
whether the Board can impose this condition. He noted that Mr. Shimmer
• requested that the project be divided into phase 3B, 3C, and 3D and that they
only be allowed to build as the units are sold in blocks of 20 in each phase,
rather than all at once. Carter Vinson stated that the plan as presented calls
for 80 units and the Board had reviewed it as one project. He stated that he
did not think that they could control the building of the project in that way.
Atty. Correnti stated that he felt that the condition would make it difficult to
get financing for the project. He noted that the bank keeps a tight control on
the development and the money and they would not release funds if the
market is not there. He also noted that they will not let them build out too far.
David Hart stated that he sympathized with the neighbors and pointed out that
there are a lot of people who got stung in the 80's in real estate.
Bill Luster noted that in the past the developer has granted an easement to the
city for the eventual widening of Swampscott Rd. He noted that the easement
is for 20 feet and the city only needs five feet to widen the road, and they
need to come to some sort or agreement regarding the remaining land. He
noted that they wish to protect the rights of the City in regards to this land
• that Fafard promised until it is determined what the State will do.
Atty. Correnti stated that he only received the language regarding this matter
late this afternoon and that he needs to go back to the developer with the
proposal. He also noted that he personally was not involved in the granting of
the easements and would like to look into it further.
David Hart asked that the Planning Department landscape architect make sure
that the proposed wall is aesthetically pleasing.
Lee Harrington stated that because of the nature and size of the project he
would like to see that all of the conditions are met. Walter Power noted that
the Clerk of the Works will make sure that all of the conditions are met. Lee
Harrington also requested that the Board receive a report which updates the
project every six months.
Atty. Correnti addressed the Board regarding condition 6G, and stated that
the property manager and the Condo Association would be taking over the
maintenance of the common areas upon completion of the project. He stated
that they would be willing to fix and replace damage from construction but he
• noted that they are opposed to a five year period. David Hart suggested that
the landscape architect review the period which is imposed on other
developers and condo associations and the Board could address that later.
Motion made by Bill Cullen to continue the public hearing to February 15,
1996, seconded by David Hart and approved unanimously.
There being no further business to come before the Planning Board at this
meeting a motion was made by John Moustalcis, seconded by Bill Cullen and
approved unanimously.
The meeting was adjourned at 10:30 p.m.
Respectfully submitted by:
Eileen M. Sacco
pb020196
966T