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1998-PLANNING BOARD Yv fes,DH�v,r.1 Kb' r LH Iz— `' Catty of '�$ttlem, fflttssurlluutts Ic • 3;rJ1.�� Y-,.f q �l�tmting �nttra One �$ttlent Oreen M n fc �i vim rf7 i c D Notice of MeetingD T� You are hereby notified that the Salem Planning Board will hold its regular meeting on Thursday, December 17, 1998 at 7:30 PM, in the second floor conference room at One Salem Green. Walter B. Power, III Chairman Tentative Agenda • 1. Recommendation to City Council on the Haunted House Ordinance (7:30 PM— 8:30 PM) 2. Old/New Business (8:30 PM— 8:45 PM) This notice posted on 00f icia.i Bulletin Board' City Hull Ave., Saigm, Ma:-=S. on ZL?e. ,s, 1998' at 16:q, Fla). io accordarncs v,*'; CS �so. 39 Vic. 23A a 23B of iW.G.L. Ctu of '�$ttiem, cmassarIllau##s PIttxmin$ PuttrD Mm JSttlent (Sreen MEMORANDUM TO: Planning Board Members FROM: Denise Sullivan, Senior Planner a Salem Planning Department DATE: December 14, 1998 RE: Agenda—December 17, 1998 The only item on the agenda for Thursday night is the proposed Haunted House Ordinance. At the December 3, 1998 meeting, the Planning Board discussed the text of the proposed Ordinance and the concept behind the Ordinance. Many points were brought up by various Board • members. The Board agreed to review a draft of a recommendation to City Council at the December 17, 1998 meeting. The following is the draft recommendation: Salem City Council Salem City Hall 93 Washington Street Salem, MA 01970 Ladies and Gentlemen of the Council: The Planning Board attended the joint Public Hearing for the proposed Haunted House Ordinance on November 12, 1998. The Public Hearing was closed on that night and the Planning Board was required to discuss the matter at a regularly scheduled meeting and make a formal recommendation to the City Council. The Planning Board met on December 3, 1998 and again on December 17, 1998 to discuss the proposed Haunted House Ordinance. The Planning Board voted by a vote of_ in favor, opposed to the following recommendations to the Ordinance: 1. The requirement that the operation of the haunted house will not create any significant • increases in vehicular or pedestrian traffic in the neighborhood should not be included in the Ordinance. The goal of every business is to increase traffic in the area of the business. This PB Memorandum December 14 1998-2 • is how a business gains customers and is able to make a profit. 2. The requirement that adequate arrangements will be taken to prevent the premises from becoming a public nuisance from the point of view of noise and trash generation, cannot be regulated by the Zoning Board of Appeals (ZBA). This requirement is not something that the ZBA cannot make a decision on as to whether the requirement will be adhered to. The Ordinance should be revised to create a requirement that is more definitive. 3. Currently, the Ordinance as written does not account for non-profit groups which may conduct a haunted house. As the Ordinance is written, a non-profit group must apply for a special permit in the B-5 District if it proposes to conduct a temporary haunted house during the month of October. The Ordinance should be revised to specifically exclude non-profit groups from the requirements of the Haunted House Ordinance. 4. The requirement that no haunted house be closer than one half mile from any other haunted house is not appropriate. The Ordinance restricts haunted houses to the Central Development (B-5) Zoning District. Because of the limited size of the B-5 Zoning District, only one haunted house can be located in the District. There is no additional space within the District which is a minimum of one half mile away. When considering the description given by Atty. Keenan at the Public Hearing, if any of the existing haunted houses must relocate or close for a period of time, they must adhere to the requirements, which based on the one half mile requirement, would not permit additional haunted houses in the City as long as one exists. • The distance requirement should be eliminated from the proposed Ordinance. All businesses strive to be close to other like businesses because it increases competitiveness. It would also benefit the City to have all of the businesses located together so that it centralizes traffic. 5. There is a requirement in the Zoning Ordinance that the special permit is only valid for a maximum of three (3) years. A haunted house is a business and no one would be able to open a business which may be required by the City to be shut down in three years. There should be no time limit set on the validity of the special permit. The Zoning Board can place the special permit on the owner not on the land. Therefore when an owner sells his business the new owner would be required to obtain a special permit and need to meet a whole new set of conditions placed on the approval. Following the Planning Board's discussion of the possible revisions for the proposed Ordinance, the Board discussed the necessity of such an Ordinance in the City of Salem. The Board felt that a Zoning Ordinance which restricts a particular business from locating in the City is not appropriate. A haunted house is just like any other business in the City and we should not be restricting a viable business within the City of Salem. If the City Council feels it is necessary to restrict haunted houses in the City of Salem, then a possible route may be through the Licensing Board. By requiring haunted houses to obtain a license prior to locating in Salem would allow the City to restrict the use. The City then would have the option of not approving the license. In addition, there is the possibility of requiring the • PB Memorandum December 14 1998-3 • haunted house to pay a fee, which would alleviate some of the financial burden placed on the City during Haunted Happenings. In conclusion, the Planning Board recommends that the proposed Zoning Ordinance not be approved. At a minimum, haunted houses should be restricted through the Licensing Board. If the City Council chooses to restrict haunted houses through a Zoning By-Law, then the law which is before the Planning Board should be revised as recommended earlier in this letter. Please contact the Planning Board through Denise Sullivan at the Salem Planning Department if you have any questions. Sincerely, Walter B. Power, III Chairman • • 1!3!99 at 10.13 PM Eileen M.Sauuu (978)7451978 Paye.2 • Salem Planning Board Minutes of Meeting Thursday, December 17, 1998 J A regular meeting of the Salem Planning Board was held on Thursday, December 17, 1998 in the conference room at One Salem Green. Those present were: Chairman Walter Power, David Hart, Bill Cullen, John Moustakis, Lee Harrington, Kim Driscoll, and Gene Collins. Also present were Denise Sullivan and Eileen Sacco, Clerk. Recommendation on Haunted House Ordinance to City Council The Board discussed the draft recommendation that Denise Sullivan prepared. David Hart expressed his thoughts on the matter noting that the full scope of the process should be considered as to how this would effect the central business district. He also noted that the perception is that there is a need to control the growth of the entertainment industry associated with Halloween, • and he felt that would fall within the jurisdiction of the Licensing Board. John Moustakis noted that if an entertainment license were required that would work, but that is not the way that the ordinance is worded. David Hart suggested that the City Council should appoint a task force to explore what is needed and make a determination by April 2, 1999. He noted that the ordinance as written is narrowly focused and there are a lot of loop, holes that could be seen in it. kNe tha the Board should make a recommendation to the Council to ap oin ask force. Bill Cullen agreed, noting that the proposed ordinance should not be approved and the task force should write the ordinance that would better serve the needs of all involved. He suggested that there should be representatives of the Council, Planning Board, Business Community, and Residents of Salem should be appointed to the task force. Walter Power noted that the ordinance as written does not address the needs of all parties involved. Kim Driscoll suggostod.that the Board indicate that there were many different concerns and if the City Council would like more information they should have another joint meeting with the Planning Board. • 1/3!99 at 10:14 PM Eileen M.Sacco (978)7451976 Page:3 A • Motion made by Bill Cullen to recommend to the City Council that the Ordinance be revisited and that a task force be appointed to explore what is needed so that the needs of all parties are addressed and a determination be made by April 2, 1999, seconded by Gene Collins and approved unanimously. Approval of Minutes The minutes of the meeting of December 3, 1998 were presented for approval. Motion made by Lou Harrington to approve the minutes of the meeting of December 3, 1998, seconded by John Moustakis and approved unanimously. Delaney Driscoll made a motion from the floor to take her mother home. Kim Driscoll left the meeting at this time. Old I New Business Lee Harrington asked what the status of the Walgreens project was. Denise Sullivan stated that they have not heard from Walgreens, and it is suspected that,the, cost of the nlp..nn tip is grentP.r than they antivipatP.d for the site. • Bill Cullen asked about the status of the Omni Point Antennas that were approved for Lafayette, Street. Denise, Sullivan Stated that She,, did not. know but would look into that. It was suggested that they may have found another location for them. Walter Power acLod about the Domoulac projoot. Donico Sullivan ctatod that she understood that they would not be taking on any development projects until their legal problems are settled. Walter Power noted that the approval Api Jim UlghlM id P1M..M w111111l b« «.Ni1l 111U .4111l IP .b«y can « UMrl. A#, Mn extension, the Board should take a look at the condition of the property. He noted the condition of the parking lot and the excessive potholes that are there. Denise Sullivan noted that the Building Department has been working to get the area behind the buildings cleaned up and some progress has been made on that. Rill Cullen noted that there are sandwich board signs placed out in front of the strip mall at 400 Highland Avenue. He requested that Denise Sullivan talk to the Building Inspector about them. John Moustakis suggested that 'the Board send a letter to the Mayor and explain that the Board spends a lot of time approving projects with the best interest of the city in mind, to insure that these projects are good, and note the signage problems that can hinder the appearance of the final product. • 1/3/99 at 10:1 G PM Eileen M.Sacco (970)7451970 Page:4 • Thum Luing no furlhor mallore to corn boforo lhu Poard vl lhiw moulinlg, s motion was made by David IIart to adjourn the meeting, seconded by Lee Harrington and approved unanimously. The meeting was adjourned at 8:35 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Planning Board PB121798 • C to of ttlem, tt sttrl�� k�##s �7- x • 3-,; ^,.f p 191arming Pnttrb Salem (rrertt n=i m 0 G �T W �N O O� -n m Notice of Meeting :!23 �v m3 " D You are hereby notified that the Salem Planning Board will hold its regular meeting on Un Thursday, December 3, 1998 at 7:30 PM, in the second floor conference room at One Salem Green. ; ®Walter B. Power, III Chairman Tentative Agenda • 1. Approval of Meeting Minutes—November 19, 1998 (7:30 PM— 7:45 PM) 2. Form A— 5 Foster Court (7:45 PM— 8:00 PM) 3. Continuation of Public Hearing—Cluster Development—First Street (8:00 PM — 8:15 PM) 4. Recommendation to City Council on the Haunted House Ordinance (8:15 PM — 8:45 PM) 5. Old/New Business (8:45 PM—9:00 PM) *Meeting Attendance This notice posted on °Official Bulletin Board" City Hall Ave., Salem, Mass. on at eoopma0cordance wth Chap. 39 Sec. • 23A 1 238 of A L. ./J ai#u of ialtm, 'fflttsoadjusfits • � �lttmtin$ �uxr� (ane $alem (Sreen MEMORANDUM TO: Planning Board Members FROM: Denise Sullivan, Senior Planner Salem Planning Department DATE: November 30, 1998 RE: Agenda—December 3, 1998 The following is a brief description of the items, which are listed on the attached agenda. Please contact me at the Salem Planning Department at 745-9595, extension 311, if you have any questions pertaining to the agenda items. • 1. Form A—5 Foster Court The plan shows the subdivision of one lot into five lots. Four of the lots, Lot D, Lot C, Lot B, and Lot A meet the minimum lot size requirement of 15,000 square feet and the minimum lot width of 100 feet. Lot A, Lot B, and Lot C are not much more than 15,000 square feet. There are plus and minus signs shown on the lot sizes on the plan. I recommend that either the plus and minus signs be removed or a note is placed on the plan which states exactly what the plus and minus signs represent. I am concerned that the lots may be below the 15,000 square foot requirement. Lot C1 does not meet the required minimum square footage and does not have frontage on a public right of way; it is a landlocked parcel. In order to approve the plan as an ANR, the applicant must place a note on the plan which states that Lot C1 is not a buildable lot. 2. Continuation of Public Hearing—Cluster Development—First Street The applicant appeared at the Planning Board's November 19, 1998 meeting. There were not enough Board members present to vote on the Cluster Development. On September 3, 1998, the Planning Board opened the Public Hearing for the proposed Cluster Development Special Permit on First Street. At the Public Hearing, the Board discussed drainage issues, the effects of blasting for the project, and proposed access from the property to the existing trail system. The Conservation Commission held a hearing for a • Determination of Applicability on September 10, 1998. The Conservation Commission voted a Negative Determination of Applicability at their September 24, 1998 meeting; thus, PB Memorandum November 30, 1998-2 • the applicant has completed the Conservation Commission process. The applicant will be appearing before the Zoning Board of Appeals at its November 18, 1998 meeting. The applicant is requesting the approval for variances to its side yard setbacks and rear yard setbacks. Because the Planning Board will be meeting the following night, I will inform the Board at the November 19, 1998 meeting as to the outcome of the Zoning Board of Appeals meeting. I spoke with Stan Bornstein, the City Engineer, concerning the possibility of ice sheeting on the cul-de-sac. Mr. Bornstein reviewed the plan and concluded that additional catch basins were not necessary to prevent ice sheeting. Mr. Bornstein suggested that a manhole be constructed in the roadway, in which the two catch basins as shown would run into. The manhole would then run out to the swaile. Mr. Bornstein stated that this addition to the plan should prevent ice sheeting. I spoke with the engineer for the project and she agreed to make the necessary changes on the plan. Attached you will find a letter which was submitted to the Planning Department from the nearby condominium association. The letter discusses the association's concerns with drainage and blasting. I have reviewed past decisions and have not found any in which the Board requires the applicant to take additional steps for blasting except those as listed in the local and state regulations. In addition, the Engineering Department has reviewed the submitted plans and does not see any problems with the drainage as shown on the plan. . I have revised the decision since the last Planning Board meeting and it is attached for your convenience. 3. Recommendation to City Council on the Haunted House Ordinance In your packet you will find a memorandum pertaining to the Haunted House Ordinance. • 12/16/98 at 11:30 PM Eileen M.Sacco (978)7451976 Page:2 Kc UQ V ALL a' • Salem Planning Board Minutes of Meeting Thursday, December 3, 1998 A regular meeting of the Salem Planning Board was held on Thursday, December 3, 1.998 in the conference room at One Salem Green. Those present were: Chairman Walter Power, David Hart, Bill Cullen, John Moustakis, Lee Harrington, Chuck Puleo, Kim Driscoll, Carter Vinson and Gene Collins. Also present were Denise Sullivan and Eileen Sacco, Clerk. Chairman Walter Power called the meeting to order at 7:30 p.m. Approval of Minutes The minutes of the Planning Board meeting held on November 19, 1998 were presented for approval. Motion made by Bill Cullen to approve the minutes of the meeting of November 19, 1998 as amended, seconded by Gene Collins and approved unanimously. Form A - 5 Foster Court • Atty. George Atkins addressed the Board on behalf of his client, Ruggles Mingman. He explained that they are presenting a Form A for approval this evening. He explained that the plan shows the subdivision of one lot into five lots. Four of the lots, Lot D, Lot C, Lot B, and Lot A, meet the minimum lot size requirement of 15,000 square feet and the minimum lot width of 100 feet. He noted that Lot C 1 does not meet the requirements for frontage or minimum lot size and is land locked. He also noted that there is an adverse possession action pending on that parcel. Denise Sullivan requested that the applicant note on the plan that Lot C1 is a non buildable lot. Atty. Atkins stated that they would do that. Atty. Atkins noted that the property has a factory on it and is in the middle of a residential neighborhood. John Moustakis asked if the plans call for sidewalks on the street. Atty. Atkins stated that his client would be selling the property and another developer would be developing the lots. John Moustakis stated that he felt that this would be good for the neighborhood. • 12/16198 at 11:31 PM Eileen M.Sacco (978)7451976 Page:3 • Page 1 There being no further questions or comments at this time, a motion was made by Gene Collins to approve the Form A as presented, seconded by Lee Harrington and approved unanimously. Continuation of Public Hearing - Cluster Development - First Street - Salem Housing Authority Jane Slamender addressed the Board and noted that there have been no changes made to the plan since the Board last reviewed them. Walter Power asked if they had addressed the walking trail suggestion that was brought up during the Public Hearing. Ms. Slamender stated that the remaining property is going to be deeded to the Conservation Commission and they will be pursuing that matter. David Hart referred to a December 2, 1998 letter from East Coast Properties, Cloister Condominium Trust, which expresses some concerns which the Housing Authority seems to have addressed. He noted that the letter requests that white pine trees be planted along the lot line between the proposed driveway adjacent to 29A - 31A First Street to create a buffer zone that would in effect remain green throughout the year. He suggested that the • city landscape architect could work with developer and take a look at that. The Planning Board reviewed that draft decision for the project. Changes were suggested by the Board and are included in the final decision. There being no further questions or comments regarding this matter a motion was made by Carter Vinson to approve the decision as amended, seconded by David Hart and approved unanimously. Discussion of Haunted House Ordinance The Planning Board held a discussion on the proposed Haunted House Ordinance. Walter Power noted that the public hearing with the City Council was held and the Board must make a recommendation to the City Council. Carter Vinson stated that he would like to see the ordinance restrict the growth that would make substantial changes to the neighborhoods. He noted that certain areas of the city are overcrowded. Denise Sullivan stated that she felt that the ordinance needs to be looked at and perhaps rewritten. • Page 2 12/16/98 at 11:32 PM Eileen M.Sacco (978)7451976 Page: 4 • The Board discussed the term "special permit" Gene Collins stated that he felt that the ordinance puts an unnecessary restriction on business. Kim Driscoll noted that the permitting should come from the city council and the Board of Health. She stated that she felt that it should not be determined by the Zoning Board of Appeals. She also noted that a special permit can be revoked if necessary. Chuck Puleo questioned why haunted houses would not be controlled by the Licensing Board as a form of entertainment. Gene Collins expressed concern that at the City Council meeting changes were being recommended and he did not feel that the ordinance as it stands now is clean. Kim Driscoll stated that she would like to see non profit groups excluded from the provisions of the ordinance. Gene Collins stated that the intent of the ordinance was to limit the number • of Haunted Houses in the city. He suggested that if they had to go through the building inspector it would be more expediate. David Hart suggested that the city should establish licensing for Haunted Happenings, for specific periods of time. He noted that the city has become overrun with tourists and he sees this as an opportunity to gain some control over it. He also suggested that the city should impose an admission tax on tickets to the Haunted Houses to help pay for clean up etc. Lee Harrington stated that there is no way to specify that Haunted Happenings should be taxed on tickets. Bill Cullen stated that the Board should keep in mind that the businesses that are here all year long should be considered. He also noted that the people who want to see this ordinance in place would like to see Halloween eliminated in Salem. He stated that he thinks it is a wonderful thing for Salem and should be expanded. He stated that he thought that it was unfair to legislate business people who are trying to make an honest decent living. The Board reviewed the ordinance. It was suggested that 1B and 1C be eliminated. • Page 3 12/16/98 at 11:33 PM Eileen M.Sacco (978)7451976 Page:5 • David Hart noted that there are many examples of special taxes in effect that could be impose a tax on tickets. Walter Power stated that he felt that this ordinance is a vendetta and it is unfair to single out one aspect of the business community. He stated that by approving this ordinance the Board would be singling out four local business and that is not fair. He recommended that the ordinance be thrown out and rewritten. Lee Harrington agreed and noted that if they are going to single out this kind of entertainment they should control all entertainment. Kim Driscoll stated that things that are addressed in this ordinance are things that should be addressed by the Licensing Board. David Hart suggested that the City Council should take another look at this and establish how they want to address the issues that they want to correct. Carter Vinson stated that he would like to see the city have some controls on development. He noted that it took him 35 minutes to walk from his home on • Chestnut Street to Waters and Browns on Derby Street on Halloween day. He noted that the streets and the sidewalks were impassable because of pedestrian traffic. Walter Power suggested that the Board should respond to the City Council that they have some concerns about the ordinance. Walter Power asked if there was anyone present at the meeting who wished to speak on the matter. Jim Durrati, owner of Dracula's Castle addressed the Board and explained that of the 70,000 people who might come to Salem on Halloween, he may see 3,000 of them, because that is all his space will allow. Kathie Driscoll Gauthier, Chairwoman of the Salem Halloween Committee addressed the Board and stated that a big concern of hers is that the ordinance as written would restrict he window decorations in her retail store. Ms. Gauthier also noted that the Salem Licensing Board charged $5,000 for the month of October ($150.00 per day for 30 days) for the temporary Haunted Houses that were licensed. She also noted that it was the intent of the Licensing Board that the fees for the temporary Haunted Houses would go towards the cost of the police and fire and clean up costs that the city • incurred. 12/16/98 at 11:34 PM Eileen M.Sacco (978)7451976 Page: 6 • Page 4 The Board decided to continue this discussion at the next meeting on December 17, 1998. Old /New Business Ston and Shop Denise Sullivan announced that the Mayor received of the mitigation money from Stop and Shop this afternoon. She reported that the store is scheduled to open on December 10, and a grand opening will be held on December 9, 1998. She also noted that the remaining landscaping will be done next spring. 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 10:00 p.m. . Respectfully submitted by: Eileen M. Sacco, Clerk PB 120398 Page 5 • CITY OF SALEM. MA CLERK'S OFFICE /�7 L' lu of '�5'2IlBTtr, f assurf}115k`its • 3 ' lamiin 1' oarb $ c 1996 NOV I b P 2: Ob (line jMrm (Green Notice of Meeting You are hereby notified that the Salem Planning Board will hold its regular meeting on Thursday, November 19, 1998 at 7:30 PM, in the second floor conference room at One Salem Green. �Q � I�YKFr Walter B. Power, III ' Chairman Tentative Agenda • 1. Approval of Meeting Minutes—August 24, 1998, September 3, 1998, October 15, 1998 (7:30 PM—7:45 PM) 2. Continuation of Public Hearing—Cluster Development—First Street (7:45 PM— 8:30 PM) 3. Old/New Business (830 PM— 8:45 PM) This notice City Hall Ave., Salem, !brays. JitI�� / gy''r at �= PI-06 p, 12 accju ramie With Chap. 39 Sec. 23A A 23B of M.G.L. • �f 12/1/98 at 11:34 AM Eileen M.Sacco (978)7451976 Page: 2 Zsj " • Salem Planning Board Minutes of Meeting Thursday, November 19, 1998 A regular meeting of the Salem Planning Board was held on Thursday, November 19, 1998 in the conference room at One Salem Green. Those present were: Chairman Walter Power, David Hart, Bill Cullen and Lee Harrington. Also present were Denise Sullivan and Eileen Sacco, Clerk. Chairman Power called the meeting to order and explained that the Board would approve the minutes of past meetings while waiting for a quorum to take up the Housing Authority application. Approval of Minutes The minutes of the meetings of August 24, 1998, September 3, 1998, and October 15, 1998 were presented for approval. Motion made by Bill Cullen to approve the minutes of the meeting of August 24, 1998 as amended, seconded by Lee Harrington and approved. • Motion made by Bill Cullen to approve the minutes of the meeting of September 3, 1998 as amended, seconded by Lee Harrington and approved. Motion made by Bill Cullen to approve the minutes of the meeting of October 15, 1998 as amended, seconded by Lee Harrington and approved. Continuation of Public Hearing - Salem Housing Authority - Cluster Development - First Street (Independence Way). Walter Power informed the applicant that there is not a quorum to vote on the approval of this tonight. Janet Slameda of HKT Architects addressed the Board and noted that they were granted the required variances last evening by the Board of Appeal. Maureen Brodeur of the Salem Housing Authority addressed the Board and noted that a meeting has been scheduled for Monday morning to address the neighbors concerns with the tenants at Farrell Court. Motion made by Bill Cullen to continue the Public Hearing to December 3, 1998, seconded by Lee Harrington and approved unanimously. • 1 12/1/98 at 11:35 AM Eileen M. Sacco (978)7451976 Page: 3 Old /New Business Stop & Shop Bill Cullen requested an update on the progress of the Stop & Shop project. Denise Sullivan reported that a meeting was held with Stop & Shop officials and Craig Wheeler and Mayor Usovicz and they are working out the details of the compensation package. She noted that the decision does not specify that the compensation money has to be paid before a Certificate of Occupancy is issued. Haunted House Ordinance Denise Sullivan noted that the Board needs to make a recommendation to the City Council on the Haunted House Ordinance. She stated that it will be on the December 3, 1998 agenda for discussion. 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 8:45 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk PB 111998 • K Ctu of tt�em, Htt�sttrljust�##s Nor ? • i' .. lamtingattrD C�c y° s•; ..34 4H �9B One j6ttlem Great 01-f'4SS NOTICE OF CANCELLATION OF MEETING You are hereby notified that the Salem Planning Board meeting scheduled to be held on Thursday,November 5, 1998, at 7:30 PM in the second floor conference room at One Salem Green has been canceled. The next regular Planning Board meeting will be held on Thursday, November 19, 1998. Walter B. Power, III Chairman • This notice Posted on 'Official Bulletin [hoard" Clty Ba�tlll/l A,ats, 5iia��;sm, Mass. on NOV z P3A��323 &A.G.a rd+arwa WM CSP. 39d 9� C tv of *Iem, 'Mttssurfluse##s QL&-. � � One *Irm VM � co �7 x � O^ F NOTICE OF MEETING 'y N m You are hereby notified that the Salem Planning Board will hold a joint meeting with the Zoning Board of Appeals and the Conservation Commission pertaining to collaboration between the three Boards. The meeting is scheduled to be held on Thursday, October 22, 1998, at 7:30 PM in the second floor conference room at One Salem Green. Walter B. Power, III Chairman • This notice posted on 'Official Buitetin B"rd" City Hall Ave. Salem, Mass. on Gd. 19,199f at q:Y�Imaccordenos with Chef. 39 Sec. 92A a 233of attI.L. .L4 e&*a of '*Iem, Htt�sttrl�use##s • Om Salem Green MEMORANDUM TO: Salem Planning Board Members FROM: Denise Sullivan, Senior Planner Salem Planning Department DATE: October 19, 1998 RE: Zoning Board of Appeals/Planning Board/Conservation Commission Meeting A joint meeting with the Zoning Board of Appeals, the Planning Board, and the Conservation Commission has been scheduled for Thursday, October 22, 1998 at 7:30 PM. We will meet at • the regular conference area at One Salem Green. This meeting is for the three Boards to be introduced to one another and to determine an annual meeting schedule in the future. The joint Public Hearing, which was scheduled for Tuesday, October 20, 1998 at 6:30 PM with the City Council pertaining to the new Ordinance for Haunted Houses, has been CANCELLED. We will schedule a new date in the near future. I will send all members a copy of the proposed Ordinance in your next packet. Please contact me at the Salem Planning Department at(978) 745-9595, extension 311 if you have any questions. C tuu of "itt1Em,In ttssttrl�usr## • • '. s 19latming Poarb V One Salem (fir t p Notice of Meeting You are hereby notified that the Salem Planning Board will hold its regular meeting on Thursday, October 15, 1998 at 7:30 PM, in the second floor conference room at One Salem Green. Walter B. Power, III Chairman Tentative Agenda eto • 1. Form A— 166-168 Boston Street (7:30 PM—7:40 PM) Ca� 2. Form A— 120 Marlborough Road (7:40 PM— 7:50 PM) - TPe . 3. Form A— Highland Avenue and Clark Avenue (7:50 PM— 8:00 PM) 4. Continuation of Public Hearing—Cluster Development— First Stree�Mt \/q-8:00 PM— 8:30 PN) 1` 3Q tO g3t�1 ktl ' 5. Agenda Discussion for Meeting with Zoning Board of Appeals (8:30 PM— 8:50 PM) N�Y I(� 6. Old/New Business (8:50—9:00) ��41 -- Qgjl -0ebbie - 0 \erl0-14 b l4rtdS f. . Qu of '*Iem, 'Maseadjusetts • Planning �30ttrb M One *lent (green MEMORANDUM TO: Planning Board Members FROM: Denise Sullivan, Senior Planner Salem Planning Department DATE: October 13, 1998 RE: Agenda—October 15, 1998 The following is a brief description of the items, which are listed on the attached agenda. Please contact me at the Salem Planning Department at 745-9595, extension 311, if you have any questions pertaining to the agenda items. • 1. Form A— 166-168 Boston Street The Form A plan for 166-168 Boston Street was provided in your September 17, 1998 packet. At the September 17, 1998 meeting, the Board voted to approve the request for a waiver of frontage for the parcel located at 166-168 Boston Street. The appeal period has expired and no appeals were made, thus the Planning Board needs to sign and approve the Form A plan. 2. Form A— 120 Marlborough Road At the September 17, 1998 meeting, the Board voted to approve the request for a waiver of frontage for the parcel located at 120 Marlborough Road. The appeal period has expired and no appeals were made. The applicant submitted the Form A plan and the plan is appropriate for the Board to sign and approve. 3. Form A—Highland Avenue and Clark Avenue Attorney Joe Correnti has submitted a Form A plan for parcels located in Highland Avenue and Clark Avenue. All of the parcels are owned by Nicholas Fiore, Lena Fiore, and the Fiore Family Trust. The Form A plan shows a total of three lots. The applicant proposes to sell off Lot 366, 134A. 4. Continuation of Public Hearing—Cluster Development—First Street On September 3, 1998, the Planning Board opened the Public Hearing for the proposed • Cluster Development Special Permit on First Street. At the Public Hearing, the Board discussed drainage issues, the effects of blasting for the project, and proposed access from ,i • the property to the existing trail system. The Conservation Commission held a hearing for a Determination of Applicability on September 10, 1998. The Conservation Commission voted a Negative Determination of Applicability at their September 24, 1998 meeting, thus the applicant has completed the Conservation Commission process. It has been determined by Assistant City Solicitor John Keenan that the applicants are required to obtain variances for the side and rear setbacks proposed for the project. The submitted plans show that these setbacks will not meet the requirements as set forth in the City's Zoning Ordinance. The applicants have submitted the necessary materials to the Zoning Board of Appeals and are scheduled to be placed on their agenda on November 18, 1998. The Planning Board cannot take a final vote on the First Street project until the Zoning Board of Appeals have made a determination on the requested variances. I have attached a draft decision for the Board's review. I have explained to the applicants, that the Planning Board can discuss the project and the draft decision, but will hold the final vote until after the Zoning Board of Appeals meeting. Enclosed in the packet, you will find a revised grading plan. These revisions are based on the discussions and recommendations made at the September 14, 1998 site visit. 5. Agenda Discussion for Meeting with Zoning Board of Appeals The Joint meeting with the Zoning Board of Appeals has been scheduled for August 22, 1998 • at 7:30 PM. This time will allow the Planning Board to discuss what you would like to see on the agenda. • Salem Planning Board • Minutes of Meeting Thursday, October 15,1998 A regular meeting of the Salem Planning Board was held on Thursday, October 15, 1998 in the conference room at One Salem Green. Those present were: Chairman Walter Power, David Hart, Bill Cullen, Chuck Puleo, Lee Harrington and Gene Collins. Also present were Senior Planner Denise Sullivan and Eileen Sacco, Clerk. Form A - 166 - 186 Boston Street Denise Sullivan addressed the Board and reported that the Board voted at the September 17, 1998 meeting to approved a Waiver from Frontage for 166- 168 Boston Street. She noted that the appeal period has passed and the applicant is now seeking approval of a Form A and it is appropriate for the Board to approve and sign the plan. Motion made by Bill Cullen to approve the Form A for 166-168 Boston Street, seconded by Gene Collins and approved unanimously. • Form A - 120 Marlborough Road Atty. Joseph Correnti addressed the Board and stated that the Board approved a waiver from frontage for the property located at 120 Marlborough Road. He noted that the Board asked that no new curb cuts be installed on Marlborough Road and that entry to the property be on the Vista Avenue side of the property. He stated that the applicant has agreed to that and noted that is would not be a hardship for them since that is the entry that they presently use. Atty. Correnti stated that the appeal period has past and they are asking for approval of the Form A. Motion made by Gene Collins to approve the Form A for 120 Marlborough Road, seconded by Bill Cullen and approved unanimously. q0 Page 1 Form A - Highland Avenue and Clark Avenue • Atty. Joseph Correnti addressed the Board and explained the plan for the request for a Form A for Highland Avenue and Clark Avenue. He explained that they are creating three lots, one of which is being added to an existing buildable lot. He noted that it is a confusing plan and provided a marked up plan with colors depicting the proposed lots. Atty. Correnti explained the lots as follows: Lot 134A and lot 366 combined with 100 feet of frontage and 27,000 s.f. + Lot 136A and lot 368 combined with 100 feet of frontage and 23,000 s.f. + Lot136B, 367, and 134B combined with existing lots that front on Highland Avenue - 2.7 acres - there is a one story concrete building on the site. Atty. Correnti stated that some of the lots are in land court and others are not and that is noted on the plan. A discussion was held on the residential versus commercial zoning in the area. David Hart expressed concern about the commercial encroachment • that could occur to the residential portion of the site. Walter Power noted that they could address that when and if the applicant chooses to develop that portion of the property. Motion made by Gene Collins to approve the Form A for Highland Avenue and Clark Avenue, seconded by Lee Harrington and approved unanimously. Continuation of Public Hearing - Cluster Development Independence Way= Salem Housing Authority Bill Hammer from HKT Architects addressed the Board on behalf of his client the Salem Housing Authority. He updated the Board on where they are in the process since they last met with the board. Mr. Hammer explained that there is a clear definition of cluster zoning and when they planned this they thought it would give them relief from all dimensional setbacks. They have since found out that they need to apply for a variance from side and rear setbacks and are scheduled to go before the ZBA on November 18, 1998. He stated that if all goes well and the Board is ready to approve the plan at that time, they would like to come back to the Planning Board on November 19, 1998. Page 2 Betsy Mackenzie addressed the Board and reviewed the changes that have • been made to the plan since the last meeting. She noted that the Conservation Commission approved the plan at its September 24, 1998 meeting. Ms. Mackenzie noted that at the request of the Conservation Commission there is a note on the plan specifying that the balance of the property shall be deeded to the Commission. She also noted that the amount of grading that will take place on the wetland side of the property has been pulled back 10- 20 feet. Ms. Mackenzie stated that there were two changes made at the request of the Planning Board. She noted that the area towards First Street they have added grass and wild flowers to the slope to stabilize it making it a 2-1 slope and eventually they will plant some trees there as well. She also noted that there is a note on the plan that all existing stonewalls will remain undisturbed. Ms. Mackenzie reported that the proposed detention area has been replaced with a swale and a check dam will be installed to treat water and the grading has been reduced. • David Hart requested that they prepare a drawing that shows the changes in the grade. Ms. Mackenzie stated that they would do that for the next meeting. Bill Hammer noted that they still have some fine tuning to do on the plan with regards to the positioning of the houses. Walter Power expressed concern that the drainage in the cul-de-sac has not been changed. He noted that he is concerned about the direction of the runoff and reviewed the locations of the catch basins. He noted that he still thinks that they will have a sheeting effect in the winter time that could be dangerous. David Hart noted that the plan has to be approved by the City Engineer. He suggested that Mr. Power ask the Engineer for an opinion on his concern. Denise Sullivan noted that the Engineer has commented on the plan. Ms. Mackenzie noted that 150 feet is not a long run and they are comfortable with the calculations. Ward Three Councillor Joan Lovely addressed the Board and asked to have the location of the swale identified on the plan. She noted that she met with the neighbors last evening and they have some concerns about the impact on the wetlands from the swale. She also noted that the neighbors are • concerned about blasting. Page 3 • Walter Power.asked Mr. Hammer what the status of the easement for the trail linking the Salem Woods to the Forest River area was. Mr. Hammer stated that they are interested in pursuing that and are looking into it. Walter Power suggested that they should look at the location for that before the construction begins. The Board reviewed a draft decision for the development and made some changes to the language that was submitted. Councillor Lovely noted that the residents are concerned about blasting. Mr. Power suggested that the developer should sit down with the neighbors and discuss their concerns and make decisions regarding pre-blast surveys etc. There being no further questions or comments at this time, a motion was made by Bill Cullen to continue the Public Hearing to November 19, 1998, seconded by Chuck Puleo and approved unanimously. Discussion of Agenda for Meeting with ZBA on October 22, 1998 Denise Sullivan reported that the Conservation Commission would be joining the meeting of the Planning Board and the ZBA. Walter Power noted that the meeting was only scheduled to be an hour and questioned whether • having the three boards together would be helpful. He stated that he would have preferred that the Board meet with the Conservation Commission sep arately. The Board discussed items that they would like to address with the ZBA. Suggested topics included the Entrance Corridor Overlay District, procedures between the Boards, and guidelines for determining Material and Substantial Changes to plans that have been denied by the ZBA and the applicant seeks to return to them by having the Planning Board determine that changes have been made to the plan. OLD / NEW BUSINESS Request to Release of Remaining Funds for the Sable Heights Subdivision Denise Sullivan reported that she has received a request from DeIulius Brothers to release the remaining $20,000.00 that is being held for the Sable Road Subdivision. She noted that the project is complete and everything has been signed off on. Motion made by Lee Harrington to release the $20,000.00, seconded by Bill • Cullen and approved unanimously. Page 4 • Walter Power noted that the Board takes site visits when reviewing a proposed project, but they rarely if ever make site visits to the site after completion of the project. He suggested that the Board consider doing that on some of the projects in the future. 7k aria6,Cf n(RO- Da do Discussion on Ston & Shoo Development — KkA . Walter Power addressed the Board and stated that there are a number of issues in the Stop & Shop decision that need to be addressed. He explained that he assumed that Will Beaulieu would be overseeing the installation of the utilities, and has been informed that since they were brought in through Peabody that was not the case. He stated that Mr. Beaulieu was never given a plan. Mr. Power noted that the project straddles city lines but it never occurred to him that we w d not review them. He noted that the parking lot is in Peabody. V 611 IS . Walter Power noted that there are several items that have yet to be addressed such as the work that is to be done on Howley Street and the installation of the traffic lights at Main and Howley Streets. He suggested that the Planning Department keep up on the progress and inform the Board o�eesess He also asked that the Planning Department review all of the conditions that were in that decisio and see that they follow the decision. • MI Other Business 1 tb 1..,. � W/l/ V,�i� David Hart noted that`th7ere are some projects that do of come before the �� Board because they are under 10,000 s.f. He referred to the OH Busters on Bridge Street and noted that the parking area there is a mess. Denise Sullivan will research that and report to the Board at the next meeting. There being no further business to come before the Planning Board at this meeting, a motion was made by Bill Cullen to adjourn the meeting, seconded by Gene Collins and approved unanimously. The meeting was adjourned at 10:00 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk PB 101598 • Page 5 . M.COnn� C to of quIPm, Aussarllusdis �• 59 PIaruting Poarb SEP T6 J$ CITY Of' SALXH, HAS$ @M osalPm (Grerit Ot[RK'S OV"CF NOTICE OF CANCELLATION OF MEETING You are hereby notified that the Salem Planning Board meeting scheduled to be held on Thursday, October 1, 1998, at 7:30 PM in the second floor conference room at One Salem Green has been canceled. The next regular Planning Board meeting will be held on Thursday, October 15, 1998. a Walter B. Power, III • Chairman This notice posted on "Official Bulletin Board' City Hall Ave., Salem, Mass. on SEvr as, f99g at P s9 P, m. accordance with Chep. 39 Sec. 93A & 238 of A.L. • d; Salem Planning Board Minutes of Meeting Thursday, September 3, 1998 A regular meeting of the Salem Planning Board was held on Thursday, September 3, 1998 in the conference room at One Salem Green. Those present were: Chairman Walter Power, David Hart, Carter Vinson, John Moustakis, Bill Cullen, Chuck Puleo, Gene Collins, and Kim Driscoll. L-" Also present were Beth Debski, and Eileen Sacco. -PU'yni orJ Site Plan Review -8 Lot Subdivision -Site Plan Review -8 Lot Subdivision - Independence Hill - Salem HousingHill - Salem Housing `J Authority Elayne Hart, Executive Director of the Salem Housing Authority addressed the Board and explained the proposed program that they are looking to administer with this project. He noted that this program is being funded by the Department of Housing and Urban Development. Assistant City Solicitor John Keenan addressed the Board on behalf of Mayor Stanley Usovicz and stated that the Mayor supports this project. He noted that it would be a great project for the City of Salem and urged the Planning • Board to support it as well. Bill Hammer of HKT Architects addressed the Board and explained the proposed plans. Mr. Hammer showed the Board a photo of the area to identify the parcel that they intend to develop. He explained that they intend to build 8 single family homes to be sold to first time home buyers. The development would be built on 1 % acres of the land and the remaining six acres will be deeded to the Conservation Commission. Mr. Hammer introduced Betsy Mackenzie who explained the details of the project to the Board. Ms. Mackenzie noted that they would be doing some grading within the 100 foot buffer zone as one of the lots touches in a corner of the buffer zone. She noted that they will be meeting with the Conservation Commission next Thursday. She stated that there would be no construction in the buffer zone. The foot print for potential garages are included on the plans but they will be built at the discretion of the owners should they choose to build them and are not part of the construction of the project. • Page 1 • Ms. Mackenzie explained the drainage on the site. She noted that the surface runoff from the back edge of the yards will drain into the existing wooded areas. Rip rap will be used on the slopes 3.1 or steeper to stabilize the slopes and prevent erosion. The proposed lots will be graded toward the center cul de sac. Runoff will drain into deep sump catch basins, and through a sedimentation and detention area before releasing into the existing watershed above the onsite wetlands. Double grate and frame catch basins with deep sumps along the access road will intercept and pre-treat surface runoff from the access road prior to entering the municipal system. Walter Power expressed concern about the drainage plan, noting that he would rather see the development tie into the municipal sewer system. Ms. Mackenzie stated that the post development peak flows shall be compensated for through the detention capability of the on site treatment system. The sum peak flows through all post development watersheds shall remain similar to existing conditions. Released water will flow into the onsite wetlands where recharge may occur. Drainage eventually flows across Highland Park and into the Forest River. No Impact on nearby or receiving waterways is expected. Chuck Puleo asked to have the snow storage locations identified on the plan. Ms. Mackenzie stated that the center area of the cul de sac will be used for snow storage. Carter Vinson asked who would be responsible to maintain the catch basins. Ms. Mackenzie stated that the design of this system is open and shallow and they have not included a maintenance plan in the filing. Walter Power asked who would maintain the cul de sac lawn area. Mr. Hammer stated that they are looking into the possibility of that area being a common area of ownership for the home buyers and they would be responsible to maintain it. Bill Cullen asked what the estimated construction period would be. Mr. Hammer stated that they are looking at a six month construction period. He also noted that they are looking to start early in the spring of 1999. Walter Power read comments from other Boards and Commissions at this time. The Conservation Commission will take this matter up at their next meeting on September 10, 1998. The City Engineer concurs with the plan. The Fire Department has reviewed the plans and concurs. • Page 2 • Walter Power opened the hearing up for public comment at this time. Councillor At Large Tom Furey addressed the Board and expressed his support for the project. Housing Authority Board Member Bill Farrell addressed the Board and stated that HUD has funded the project and there is only so much money that they have to spend. He referred to proposed redesign of the drainage in his comments and the possible link to the Salem Woods. Housing Authority Chairman Dominic Marraffa addressed the Board and noted that a lot of planning has gone into this development and urged the Board to support it. Mr. Burke of Broad Street addressed the Board and recalled that in discussions with Fafard a couple of years ago there was talk of an easement that could be granted that would like the walking trail with the Salem Woods. Mr. Hammer stated that they have not looked into that but would be willing to do so and would inform the Board at the next meeting. Walter Power suggested that the Board should schedule a site visit. Beth Debski recommended that the Planning Board have a joint site visit with the Conservation Commission. The Board scheduled a joint site visit with the Conservation Commission for Monday, September 14, 1998 at 5:30 p.m. There being no further questions or comments this evening, a motion was made by Bill Cullen to continue the public hearing to September 17, 1998, seconded by John Moustakis and approved unanimously. There being no further business to come before the Planning Board at this meeting, a motion was made by Bill Cullen to adjourn the meeting, seconded by Kim Driscoll and approved unanimously. The meeting was adjourned at 8:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk PB090398 • Page 3 Salem Planning Board b (g L l" • Minutes of Meeting Monday, August 24, 1998 A regular meeting of the Salem Planning Board was held on Monday, August 24, 1998 in the conference room at One Salem Green. Those present were: Chairman Walter Power, David Hart, Carter Vinson, John Moustakis, Bill Cullen, Chuck Puleo, Gene Collins, and Kim Driscoll, Also present were Beth Debski, and Ellen Dubinsky: Continuation of Public Hearing - Site Plan Review Special Permit - Pronosed Walgreens Walter Power noted that there were concerns that the Board had at the last meeting. A representative of Walgreens addressed the Board and explained the changes that they have made to the plan since the last meeting. He noted that they have agreed to give the City of Salem $25,000 to re-signal the area: He explained that the city estimated that the cost would be about $20,000, so they have approved $25,000: • Carter Vinson asked if the $25,000.00 was strictly for the electrical or did they include the cost of widening the street in that as well. Mr. Gless stated that there is not enough room to widen the street, and doing so would impact the site, Beth Debski explained that she met with City Planner Craig Wheeler , Mayor Usovicz, Al Viselli, the Police Department and the City Engineer and all were in favor of the plan if the parking were eliminated on the other side of Proctor Street and if the traffic improvements were implemented. She noted that the Police Department is comfortable with the plan and that they are requesting the sidewalks because they feel that there could be a lot of foot. traffic at the site. Walter Power asked if they addressed the request to bury the wires under Proctor Street. Mr. ?? stated that he went back to the Osco approval and it requested that they look into the feasibility of that. He noted that they have done that and the City Engineer determined that it is not feasible. He explained that those wires are for the hospital and it would be too extensive a project to do that. Page 1 • • David Hart asked if they have done any testing on the decibel levels of the M.7AC units. Mr. ? stated that he has been assured that the HVAC units would not rise above the standards of the Commonwealth of Massachusetts. He gave the Board copies of information regarding the HVAC units. Carter Vinson noted that the Planning Board has been careful to ascertain that the decibel levels on new construction projects do not rise higher than 3 db: David Hart suggested that they perform pre and post construction sound testing on the site and that the decibel increase should not be higher than three. Mr. ?? stated that they could agree to that as a condition of the approval:: David Hart requested that the sound testing include a test around the 2:00 a.m. hour noting that refrigeration units that need to run all night may have an impact: Mr. Power asked if the Board members had any further questions. VP David Hart stated that he felt that they h4'-Alleviated some of the conflict of the left and right turns, noting that a left turn out of Pope street will always be a problem, but the traffic signal improvements should help. Walter Power read a letter from Councillor Leonard O'Leary . Councillor O'Leary's letter indicated that he and the residents of Ward Four support the project, with the understanding that the traffic signal improvements will be • made and Proctor Street will be made a two way street: Walter Power also read a letter from Councillor Thomas Furey in support of the project, Walter Power opened the hearing up for public comment at this time. Frank Pelletier, manager of Rolls Battery addressed the Board and expressed his concern about making Proctor Street a two way street, noting that he would have a problem with deliveries to his business. David Hart noted that his delivery trucks block the street for a period of time and he was not sure if that is allowed or not, but that is an issue for the Police Department. John Moustakis agreed noting that the City Council should also take. David Hart suggested that the parking on Pope Street could be adjusted, if Proctor Street does not become a two way street: He stated that the applicant would have to come back to the Planning Board because they are approving it with Proctor Street being two ways, • Page 2 • Kim Driscoll noted that the Proctor Street issue is the responsibility of the city to see that it happens, and not the applicants problem: The project can still go forward without Proctor Street becoming a two way street, as the applicant does not own the property: She recommended that the Planning Board send a recommendation to the City Council regarding making Proctor Street a two way street: It was suggested that they leave the issue of Pope Street alone until they see if the council approves the Proctor Street changing to two way. Carter Vinson stated that he felt that is Proctor Street is the preference of the Board they should pursue that: Bill Cullen noted that the job of the Planning Board is not to decide the traffic patterns, but they should make a recommendation to the council and note their concerns. ,An audience member addressed the Board and noted that Proctor Street was a two way street at one time: There being no further questions or comments at this time, Chairman Walter Power declared the Public Hearing closed: • Beth Debski reviewed the Draft decision with the Board. 3B Carter Vinson suggested that the language should be changed to include that the project be commenced within one year: Kim Driscoll noted that she felt that it should may be even two years. Beth Debski noted that there is a letter from the city electrician regarding the estimated cost of changing the traffic signals. Walter Power read the letter into the record. Kim Driscoll offered the following language regarding the language in the decision as follows: The petitioner shall agree to provide upon request the sum not to exceed $25,000.00 to the City of Salem to reimburse the city the actual expenses incurred by the city from the making of Proctor Street into a two way street, provided that construction of Proctor Street into a two way street is commenced within eighteen months from the date of this decision. • Page 3 • The petitioner agrees to reasonably cooperate with the City during the development of Proctor Street into a two way street including reasonable access from their site if necessary. A letter from Councillor Leonard O'Leary and Councillor Tom Furey regarding the proposed Walgreens was read into the record. Walter Power addressed the parking issue that may result from the traffic issues. He suggested that he would like something included that the residents could be able to park overnight in the Walgreens parking lot. David Hart stated that he felt that would be opening up a can of worms. Carter Vinson agreed noting that they have variances from the ZBA, and he is a little concerned about putting them in the situation that they would have to police the overnight parking in the neighborhood. Bill Cullen asked if they should put anything in the decision about Pope Street. It was decided to hold off on that and make a recommendation to the City Council. David Hart requested that the condition regarding the sound testing be added to condition#7. Carter Vinson suggested language regarding that. The testing shall occur post build between May and September. AAS (Ulu qkj 013 ponl;51� IIZZA Walter Power noted thie there is nothing physical that prevents people from turning left onto Boston Street. It was noted that there will be a concrete structure that will be installed to prevent that. He also noted that signage would be posted as well. Motion made by Bill Cullen to approve the Site Plan Review decision as amended, seconded by Kim Driscoll and approved unanimously. There being no further business to come before the Planning Board at this meeting, a motion was made by Bill Cullen to adjourn the meeting, seconded by Kim Driscoll and approved unanimously. The meeting was adjourned at 8:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk PB082498 Page 4 J Mt)- � �� 5119/98 at 4:50 PM Eileen M.Sacco (978)745-1976 ,Pager2 (�- Salem Planning Board Minutes of Meeting Thursday, May 7, 1998 A regular meeting of the Salem Planning Board was held on Thursday, May 7, 1998 at 7:30 p.m. in the second Floor conference room at One Salem Green. Those present were: Walter Power, John Moustakis, Bill Cullen, Chuck Nleo, and Kim Driscoll. Also present were Staff Advisor Beth Debski, and Eileen Sacco, Clerk. CONTINUATION OF PUBLIC HEARING - SITE PLAN REVIEW-NORTH SHORE .-ANIBULANCE COMPANY Walter Power informed the applicant that while there were enough members present to have a quorum, ..there were not enough board members present to vote on the Special Permit Application at this meeting. He explained that 6 votes are need to approve the application. Atty. Joseph Correntistated that they understood and they would be willing to continue the public hearing to the next meeting. \lotion made by Kim Driscoll to continue the Public Hearing for North Shore Ambulance Company to May.2'1, 1998, seconded by Bill Cullen and approved unanimously. \lr. Cormick - Prooertv on Clark Avenue Beth Debski addressed the Board and stated that Mr. Conniek was here this evening. She stated that 11e received approval of his plan in September of 1987 for four lots at the end of Clark Avenue. She explained that at the time of approval t11e'Board required surety, and Mr. Connick has been unable to do so until now. She also noted that the approved plan was filed with the City Clerk, but that the Board never signed the mylar. Ms. Debski explained that the applicant now wants to sell the lots and all of the work has been completed except for the pavement of the road. He now,has $15,000.00 to post as surety. J Kim Driscoll stated that she felt it was appropriate for the Board to sign the pLan, even though there are�mem�}mb,eers here now that were not on the Board at that �, rot fPr ) `°4 o4 wt ^t (�iavm Wn� l'U+ (,e ch YVuzQ i{i e dl 04w c Aed w yes duA 11te Board signed the plan. -k-et t-ae.Q r S uw r rl v e-�� 4�lhl WutJS v-r . Page 1 of 2 APPROVAL, OF MINUTES 5/19198 at 4:51 PM Eileen M. Sacco (978)745-1976 Page: 3 The minutes of the meetings of December 18, 1997, January 15, 1998, February 5, 1998, • March 3, 1998, and March 19, 1998 were presented for approval. Motion made by Bill Cullen to approve the minutes of the meetings of December 18, 1997, January 15, 1998, February 5, 1998, March 3, 1998, and March 19, 1998 as amended. The minutes of the meeting of April 2, 1998 were presented for approval. Motion made by Kim Driscoll to approve the montes of the meeting of April 2, 1998, seconded by Chuck Puleo and approved unanimously. OLD/NEW BUSINESS Champlain Road Bill Cullen reported that the landscaping that was required of!Mr. Singleton on Champlain Road between one of the lots and the Denis property has not been completed. He also noted that the sidewalks have not been installed as well. He asked that a letter be sent to .\- -fr. Singleton regarding Hese items. He stated that they are both in tie approval of tle project and are noted in the minutes to the meeting as well. He stated that the certificate of occupancy should be revoked if the matters are not taken care of Beth Debski will have the Planting Department send a letter to Mr. Singleton. Salvation Arty • John -Moustakis asked of there was any information on the Salvation Arty property on North Street. Beth Debski stated that she has not yet looked into that, but will have some information on dte matter soon. There being no fitrther business to come before the Board at this meeting a motion was made by Kim Driscoll to adjourn the meeting, seconded by Bill Cullen and approved unanimously. The meeting was adjourned at 8:45 p.m. Respectfidly submitted by: Eileen \M. Sacco, Clerk PB050798 Page 2 of 2 SALEM PLANNING BOARD • MINUTES OF MEETING THURSDAY,-JANUARY 15, 1998 A regular meeting of the Salem Planning Board was held on Thursday, January 15, 1998 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, and Kim-Driscoll. Also-present were Assistant City Planner Beth Debski and Eileen Sacco, Clerk. FORM A-.1.60 162OCEANAVENUE WEST Beth Debski_addressed theBoard_and_stated-that-theB.oardgranted a waiver-from frontage for the property located at 160 - 162 Ocean Avenue at the last meeting. She noted that the appeal period is now over-and it is-appropriate for the Board to.endorse.the plan. Motion made by John Moustakis to approve the Form A for 160 - 162 Ocean Avenue West, seconded by Lee Harrington.and approved unanimously. FORM A- 63 JEFFERSON AVENUE • Atty. Joseph Correnti addressed the Planning Board and explained the proposed Form A for 63 Jefferson Avenue. He explained that they propose to split lots 3.and A to create 2 new lots. He also noted that one lot does not have adequate frontage and the Board of Appeal has granted a variance from frontage. Atty. Correnti also informed the Board that they would-be back for Site Plan Review for a new business in that location. Walter Power noted that an abutter has expressed-concern about the location of the-new buildings f6r that site. Atty. Correnti agreed that they have had discussions with Mr. Glickman and that they would be addressing his concerns during Site Plan Review. Motion made by Gene Collins to approve the Form A for 63 Jefferson Avenue, seconded by Lee Harrington and approved unanimously. FORM A - HOWIEY STREET Carter Vinson recused himself from discussion of this matter. Atty. Joseph Correnti addressed-the-Board on-behalf ofthe Stop and Shop Corporations and Mr. John C. Jeffers. He explained the proposed Form A for the Howley Street property which is the site for the new Stop and Shop. Atty. Correnti explained the proposed division of the parcels and noted that this site is being put together by a series of • land swaps to-create new lots for the-project---He.stated_that.it_is a quilt-work of different lots that have all been under agreement during the planning stages of the project. He • noted that one of the lots is land locked and in and of itself is not a buildable lot. Arty. Correnti explained that lots 1-and-2B will be-combined-and lot.A will be combined with 2A and the adjacent land. David Hart requested that they present an illustration that will depict the buildings. Atty. Correnti stated that they would.do that. Motion made by Lee Harrington to approve the Form A for Howley Street, seconded by Gene Collins.and approved.7- 0 with.Carter.Vinson abstaining. CONTINUATION OF PUBLIC HEARING- PUD - SALEM STATE COLLEGE ASSISTANCE.CORPORATION Arty. George Atkins addressed the Board on behalf of the Salem State College Assistance Corporation. He noted that-at the last meeting the-Board had some concerns-over the traffic in the area and the traffic consultant is present this evening to discuss those concerns. Atty. Atkins reviewed the other items that the Board had requested in connection with the project and noted that they have.been_submitted.-He noted that they have submitted a • copy of the authorization legislation for the Salem State College Assistance Corporation, the provisions for them-to-enter into-Payments in Lieu of Taxes (PILOT) agreement with municipalities, and the development strategy for tenant selection guidelines. He noted that they are considering a mixed use concept. Jane Howard of Howard, Stein and Hudson Associates addressed the Board and explained the results of the traffic study that they-did on-Loring.Avenue at the Jefferson and Canal Street intersection. She noted that they analyzed the data and found that the traffic counts have decreased since 1990. She explained that they used Massachusetts Highway Department data as a guideline. Kim Driscoll questioned what time of year the studies were done, noting that if they were done during the summer when the college is not in session that would make a big difference. Ms. Howard stated that the study was done in October of 1997. Kim DriscoTasked about the status of student-parking-spaces, noting that she would like to see them maintain students off street parking spaces. Ms. Howard stated that the student spaces would be increased by.40 spaces from the 250 that they presently have on that site. Ms. Drisoll asked for a breakdown of the parking spaces. Ms. Howard explained that there is 690 spaces on the site and 290 would be for students and the rest would be for employees and the business portion of the project. • Walter Power expressed_concern.about the entrance-and-egress ofthe_property on Loring • Avenue. Ms. Howard stated that they should look at the performance of those fights and they should perhaps be adjusted. The Board discussed the location of the entrance and the impact of it on traffic. Atty. Atkins recalled that when Sylvania was-in full operation there were periods of heavy traffic in the area particularly at shift changes. He noted that the potential use would be less intrusive than-at that time. Walter Power suggested that he would like to see one way traffic up Loring Avunue. John Moustpabs-suggested_that_they_could_change_thellow_of traffic during-peak time. Salem State College President Nancy Harrington addressed the Board and noted that the PUD process has been in-the planning-stages for.quite sometime. She stated that there are many unknowns at this time and the college will be required to come back as the build out of the project is in process. Ward Seven Councillor Mark Blair addressed the Board and recalled that the traffic signal was planned with the addition_of_this.project to the neighborhood, and it should be able to handle the additional traffic. Walter Power stated that he would like to see the intersection,corrected. • Atty. Atkins reviewed the proposed buildings and their potential uses with the Board. He stated that the_college.would have 1.30,000 s.f_and_building.3.would be 60,000_s.f. and is conceived as office space. He stated that building 4 at 140,000 s.f is conceived as 40% for the college.and the rest for the business portion Mr. Wayne Corley addressed the Board and explained the membership of the Salem State College Assistance Corporation. -He stated that the.Mayor of the City.of Salem, Representatives of the Chamber of Commerce, SSC Trustee appointments, and a Governors appointee Atty. Atkins stated that they would be agreeable to a condition that required that any amendment to the existing site plan would require Planning Board approval. Walter Power stated that he has received a letter of support for the project from Mayor Stanley Usovicz,.and read-that letter into the record. Carter Vinson referred to the enabling legislation that allows for PILOT taxes. He questioned how they determine the criteria-and how.was that language created. Atty. Atkins stated that the intent was education. • Walter Power opened the hearing up for public comment at this time. • Steve Salvo of 25 Raymond Road_addressed_theJ3oardand_asked_for_clarification_on the traffic counts that were given earlier in the meeting. He requested a copy of the traffic study that was_completed.—Atty._Atkinsstated-thathe would.see.that Mr.-Salvo-gets a copy of that. Ward Seven Councillor Mark Blair addressed the Board and stated that he was concerned about the trpcktraffic_that_might_begeneratedSrom_the.-project.. Atty. Atkins-stated that he did not think that this project would generate the same kinds of trucking that Sylvania did. Ward One Councillor Peter Paskowski addressed the Board and stated that he felt that two simple no-left turn signs would-be-appropriate-at-the-exit of the property. Ross ? of Hillcrest Cheverolet addressed the Board and stated that he is looking forward to working with-the Salem—State—College—Assistance—Corporation. He stated-that General Motors is instituting a Managerial Course for the auto industry and they hope to work with SSC. Motion made by Kim Driscoll to continue the public hearing to February 5, 1998, seconded by David Hart and approved unanimously. • CONTINUATION OF PUBLIC HEARING- VILLAGE AT VINNI N SQUARE Atty. Joseph Correnti addressed-the-Board-and-recalled that.at.the last meeting they had submitted a'revised plan that was the result of several months of meetings with the other condo association members.—He-explained-that-they-have-changed the plan from 4 buildings to 3 buildings and have added another floor to each of the three buildings so the number of units remains-the-same-as-previously-proposed..-He-also noted that-this plan allows for more open space. Atty. Correnti also explained that there will be traffic improvements that will benefit the residents ofAesear-buildings.-He_stated_that-they will-have-the option of exiting on the one way road out of Weatherly drive.. He also noted that they will maintain the pond. Je showed a drawing of the-area that_had a rendedng_of-the-pond.as_requested by the Board. He noted the species that are in the pond and stated that it will be maintained by the developer. Atty. Correnti-stated-that-they-will be_presenringthe plans to the Conservation Commission next Thursday and they will discuss the pond. He stated that he expects that the Commission will have-asite walkand wi]Lmakesecommendations and suggestions regarding it. He also noted that they propose to install benches and is intended to be a passive area.where people-can-utilize-the open space. • Carter Vinson questioned if the condo-associations will have-the-funds.to-maintain-the • pond. Atty.'Correnti explained that Fanny Mae requires that condo owners put up three months working-capital when they-purchase a_unit so-there will-be-adequate-funds-to maintain the pond. Carter Vinson stated that he wants a safeguard that they will have no choice but to maintain the pond. Scott Weiss from VHB addressed the Board and explained the proposed traffic changes. He stated t}at-they evaluated-thesraffic_conditions.on Carol Way.and made some improvements. He stated that they have reconfigured Carol Way and there will be a better flow of traffic..He stated-that-they-also-plan to-increase sight distance by removing some of the ledge Mr. Weiss stated that they have increased the width of Weatherly Drive also. He stated that the ledge will be-cut-back to.the-extreme line at Loring Avenue ner Kinder Care. David Hart questioned if an existing two way street was now proposed to be a one way street. Mr. Weiss stated it would be a one way-and.they plan to install signagetoavoid confusion of that. Mr. Hart asked Mr. Weiss if in his professional judgment he felt that it would be a safe intersection.. Mr. Weiss stated that-he felt.that it would be safe. Chairman Walter Power opened the hearing up for public comment at this time. Steve Salvo of 25.Raymond Road-addressed Mr..Weiss_and_questioned the traffic.counts • that they have used on Loring Avenue. Mr. Weiss stated that they estimate the traffic counts to be between 12,000 -. 16,000-cars per.day. He requested a copy of the traffic survey. - Hal Rosenthal of 70 Weatherly Drive addressed the Board and stated that the three Condo Association Boards have met and worked with the developer on this proposal. He stated that he applauds them on their work with the trustees and requested that the Board approve the plan. Carol MacGown of I Weatherly Drive addressed the Board and stated that she is the Chairman of the Weatherly Drive Condo Association and.also noted that they have worked with the developer on this plan. She requested that the Board approve the plan. There being no further questions or.comments-at this-time, a motion was made by Kim Driscoll to continue the public hearing to February 5, 1998, seconded by David Hart and approved unanimously. PUBLIC HEARING- SITE PLAN REVIEW - OMNI POINT COMMUNICATIONS Atty. William Quinn of Tinti, Quinn, Grover and Frye addressed the Board and explained a request for the installation of three personal wireless facilities on the roofs of 1000 Loring Avenue, 12 First Street, and 40R Highland Avenue. He stated that due to the • moritorium that the City Council placed on the.installation these towers they are just now getting their installations in_this_area. He-noted-that-all three of the proposed locations • have towers from other providers on them that were installed prior to the moratorium. He explained that.the-proposed towers-are four (4)-feet-tall and eight (8) inches wide. Atty. Quinn showed the Board photographs of the antennas, and none of them are in scenic or congested locations Atty. Quinn-also-noted that.they will-be coming to the Board with-one additional application for a location that has yet to be determined in the area of Salem State College. Atty. Quinn explained that the antennas produce no noise or smell and have no radiation. Carter Vinson asked if the carriers-have a right to exclude other carriers from a location. Atty. Quinn explained that the decision of who is allowed to install an antenna is at the discretion of the landlord.. Atty. Quinn noted for the record that the plan shows six (6) antennas, however they only need four and that is all they are requesting. Motion made by Kim Driscoll to close the public hearing, seconded by John Moustakis and approved unanimously. There being no further questions or comments about this application, a motion was made by Kim Driscoll to issue a special permit for 3 personal wireless towers at 1000 Loring • Avenue, 12 First Street, and 40R Highland Avenue, seconded by John Moustakis and approved unanimously. OLD/NEW BUSINESS Beth Debski asked the Board to endorse the Fafard Phase four plans which were approved at the last meeting. She asked the members to sign the plans. 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 Kim Driscoll and approved unanimously. The meeting was adjourned at 10:45 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk PB011598 • • Salem Planning Board Minutes of Meeting Thursday, March 5, 1998 A regular meeting of the Salem Planning Board was held on Thursday, March 5, 1998 at 7:30 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Walter Power, David Hart, John Moustakis,Bill Cullen, Gene Collins,Chuck Puleo, and Kim Driscoll. Also present were Staff Advisor Beth Debski, and Eileen Sacco, Clerk. Chairman Walter Power stated that before the business of the evening gets underway, the Board would-like.to make.a.presentation.to.Beth.Debski,.in_recognition.ofher many years of service and dedication to the Planning Board. He wished her well in her new position as Director of Community.Development.for the City of.Everett. A Salem News photographer was on hand to take a picture of the group. PUBLIC HEARING- WCF.SPECIALPERMIT -.OMNIPOINT COMMUNICATIONS 320 LAFAYETTE STREET Atty. William Quinn addressed the Board and presented a proposal for the installation of six panel antennas on the roof ofthe.existing building located at 320 Lafayette Street. He • noted that the Board approved three special permits for Omni Communications in January and this would be the fourth location that they need to complete their Salem service. Atty. Quinn stated that there are no other antennas at this location. Atty. Quinn showed the Board photographs of_what the property would look like after the installation of the antennas. Walter Power questioned why they did not use property at Salem State College for the service. Atty. Quinn stated that they negotiated with Salem State for several months but could not come to an agreement. Bill Cullen asked how high the antennas were. Atty. Quinn stated that they are 72 inches high with a pipe mounting fora.total-of approximately 9 feet in height. Kim Driscoll asked if they considered the GTE property noting that Salem State Development Corporation owns.that now. Atty. Quinn stated-that the area would be out of the range that they need to complete the service. It was noted that the buildings would not be tall enough as well. • • Chairman Power opened the hearing up-to.public comment at this time. Mr. Steve Kapantis of 23 Wisteria Street, addressed the Board and stated that he is opposed to the proposal. He stated that it.would.be an.ugly addition to an ugly building. Mr. Kapantis stated that there have been problems in the neighborhood with this building for years, and the landlord does-not care to do anything about them. George Ann Culver of 323 Lafayette Street addressed the Board and stated that she agreed with Mr. Kapantis-about-his concerns.about the property. She noted that.she was concerned with her view as the result of the installation of the antennas noting that she would be looking at them out her window on.the second and third floors. Mr. Rob Polanski the owner of the building stated that he bought the property a year ago and that the neighbors should see an improvement in the-conditions since they took it over. He did note that one tenant still has a dog. He stated that he has made a lot of renovations to the building.and his maintenance staff is always available to-handle problems. John Moustakis asked if it were possible to move the antennas closer to the center of the roof so that they would less visible. Atty. Quinn stated that for foot that they move closer to the center they have to go a foot up in the height of the antenna. Bill Cullen asked if the antennas interfere Mth.televisions orappliancesin the • neighborhood. Atty. Quinn stated that they do not, and noted that is they do they are required by the FCC to remove them. Chuck Puleo stated that one location on Highland Avenue has the antennas mounted to the side of the building, andsuggestedthat they-do that here. Arty. Quinnstatedthat there is not enough room for them to do that and they would not be up as high as they would need to be. Kim Driscoll stated that she would like to see an architectural shield. ?? described that the shield would be a cylindrical case around the antenna, Ms. Driscoll stated that she would like to something more ornamental on the site. David Hart asked if they had any experience-painting the antennas. ??..explained that they have painted them and found that a gray color would be the best, should they choose to paint them. Walter Power stated that he would like to see the antennas suitably screened in light of the neighbors concerns and requested that they take some time to see if they can work this out to the satisfaction of the neighbors. • • Chuck Puleo noted that in other communities they have installed them in church spires. ?? stated that in Danvers they modified a steeple at great cost, however there are no architectural features on this building to do that. Mr. Kapantis noted that he has lived in the neighborhood for 52 years and they are putting something on a building that shouldn't be there in the first place. He noted that he opposed the construction of the property. ?? stated that they have been looking in the area for several months and again noted that they tried to work with Salem State. He stated that they are limited by the zoning within that footprint. Gene Collins suggested that they work with the neighbors to come to some reasonable agreement. He noted that he would like to see and attempt made to solve their concerns. Walter Power agreed and suggested that they come back in two weeks to see if they can solve this with some suggested mitigation. Atty. Quinn stated that he would agree to that and also noted that in addition to the 2 antennas there would be a control box that is located further back on the roof and is not visible from the street. • Bill Cullen requested that they bring a sample of what the antennas look like if that is possible. Motion made by John Moustakis to continue the public hearing to March 9, 1998, seconded by Bill Cullen and approved unanimously. OLD/NEW BUSINESS Form A Marlborough Road Beth Debski noted that the Board approved the subdivision of the former Furnari property now owned my Mr. Grenier. She explained the changes to the plan noting that they are minor revisions to lot frontage. She reviewed the new lot frontages for the plan. Mr. Grenier stated that the changes are needed due to an error by Hancock Survey. He also noted that they are keeping the adjoining driveways and the lots will be no less than 40 feet from the road. Motion made by Kim Driscoll to endorse the plan as submitted, seconded by Bill Cullen and approved unanimously.- • • Schedule Joint Public Hearing with City Council Beth Debski stated that a joint public hearing needs to be scheduled with the City Council for the proposed zoning change request by the DiBiase family. After some discussion the Board tentatively scheduled the meeting for April 7, 1998 pending confirmation that the date is good for the City Council. Other Old/New Business Bill Cullen stated that he has heard rumors that DeMoulas is pulling out of the project on Highland Avenue. Beth Debski.stated that-she-has notheardanything on that. John Moustakis asked if there was any news on when the Salvation Army might get their project underway on North Street. _Beth.Debski stated that-she-has not heard from them, and will try to see if they have a time table. Walter Power suggested that the Board send a letter requesting-information on the project. Chuck Puleo-noted that they have opened a thrift store on Highland Avenue and reported that they have a dumpster in the front of the building which we have not-allowed-on other projects. Beth Debski reported that Will Beaulieu has talked to her about the condition on the Pep Boys project that requires gate on-the-property,-to-keep the public out at night, particularly on the car wash site. She noted that he doesn't think that it would be practical • to have a gate.there. Kim_Driscoll-suggested that_they.could.maybe just shut off the power to the vacuum's and close the car wash bays at night and that would solve the problem. Walter Power.stated that-whichever-business closes last and night could close the gate and the fust one open in the morning could open the gate. Beth noted that she was just informing the_Board of the-concern-and-that she would-keep them apprised of the situation should there be a need to change the condition. There being no further business-to.come_before the Planning Board at-this-meeting, a motion was made by Bill Cullen to adjourn the meeting, seconded by John Moustakis and approved unanimously. The meeting was adjourned at 9:00 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk PBO^,0598 • I Sbbl