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2004-PLANNING BOARD
CITY OF SALEM PLANNING BOARD MEMORANDUM TO: Planning Board Members FROM: Valerie Gingrich Department of Planning& Community Development DATE: December 29, 2004 RE: Agenda January 6, 2005 The following is a brief description of the items, which are listed on the attached agenda. Please contact me at the Department of Planning& Community Development at 978-745-9595, extension 3111 if you have any questions pertaining to the agenda items. Public Hearing—Form C–Definitive Subdivision & Cluster Residential Development & Wetland Special Permit-57 Marlborough Road—Osborne Hills Realty Trust The proposed project includes the construction of 148 single-family homes on 160 acres located off of Marlborough Road and Barcelona Avenue. Sixty-four of the homes will have access off of • Marlborough Road and the other eighty-four will have access off of Barcelona Avenue. Of the 160 acres, approximately 96.7 acres will be designated as open space (60%). According to the Environmental Impact Statement, 44 acres are zoned Rl and the remaining 116 are zoned RC. Without considering the Wetlands on the site, the land in the R1 district would yield approximately 127 homes and the land in the RC district would yield approximately 63 homes. However, there is a significant amount of wetlands on the site. The following items have been submitted for the project: • Plans • Form C Application • Cluster Residential Development Special Permit Application • Wetlands & Flood Hazard Special Permit Application • Environmental Impact Statement ■ Memo regarding open space Enclosed you will also find a copy of correspondence sent to the applicant regarding information that needed to be submitted with the application. I will forward detailed comments to you from the Department's review of the plans prior to the public hearing on Thursday. Continuation of Public Hearing—Form C–Definitive Subdivision & Cluster Residential Development &Wetland Special Permit-Dell Street—Bartlett& Steadman Development Corp. This project includes the construction of Durkin Road Extension and associated utilities to service • the construction of twenty-three (23) single-family dwellings. 1 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 .TEL: 978.745.9595 FAx: 978.740.0404 0 WWW.SALEM.COM • Updated Information: Please review the plans carefully and prepare comments regarding any outstanding issues. The applicant has indicated that they will submit all necessary information regarding drainage to the Engineering Department prior to Thursday night's meeting. Also, the applicant was asked to make a contribution per lot for a sewer capacity study. The exact amount will be worked out prior to the board's decision. • • 2 • s CITY OF SALEM PLANNING BOARD o �o Notice of Meeting o rF, You are hereby notified that the Salem Planning Board will hold its regular meeting on 61hursday, December 16, 2004, at 7:00 PM in Room 313, Third Floor at 120 Washington Street. Walter B. Chairman 6:OOPM Joint Public Hearing with City Council—Proposal to Rezone the parcels fronting on Chestnut Street from R2 to R1. 7:OOPM 1. Continuation of Public Hearing—Form C—Definitive Subdivision—Saunders & Pearl Streets • 2. Continuation of Public Hearing—Form C–Definitive Subdivision & Cluster Residential Development & Wetland Special Permit-Dell Street—Bartlett & Steadman Development Corp. 3. Approval of Minutes -June 19, 2003 -July 10, 2003 -July 17, 2003 -November 18, 2004 4. Old/New Business This notice posted on "Official Sulletin Board" City Hall Ave., Salem at L; �,oiyj Mass. on DEC 23/4 23B of U.G.accordance %z th Cha{�.U0 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAX: 978.740.0404 0 WWW.SALEM.COM CITY OF SALEM PLANNING BOARD MEMORANDUM TO: Planning Board Members FROM: Valerie Gingrich Department of Planning& Community Development DATE: December 6, 2004 RE: Agenda–December 16, 2004 The following is a brief description of the items, which are listed on the attached agenda. Please contact me at the Department of Planning& Community Development at 978-745-9595, extension 311,if you have any questions pertaining to the agenda items. 6PM—City Council Chambers Joint Public Hearing with City Council—Proposed Amendment to the Zoning Map—Chestnut Street. • The proposed amendment is to rezone the parcels fronting on Chestnut Street from R2 Residential Two-Family to R1 Residential One-Family. The proposal would affect 42 parcels along Chestnut Street (shown in the hatched area of the attached assessor's map), some of which are currently two- family residences. The existing two-family dwellings would be grandfathered and could remain two family dwellings. However,if the area were rezoned to R1, new two-family conversions would not be permitted. One of the results of the proposed amendment would be that the existing two-family dwellings would be non-conforming and could need a special permit from the Zoning Board of Appeals if altering or enlarging the structure. Some of the properties on Chestnut Street are currently two- family dwellings and some are not. With the existing zoning (R2) the area of a parcel has to be at least 7,500 square feet per unit (a total area of 15,000 square feet) in order to create an additional unit. Currently, nine of the forty-two of the parcels along Chestnut Street have an area of 15,000 square feet or more. Under the existing R2 zoning these parcels could by right create an additional unit in their structure. Under the existing zoning, any parcels having less than the required area, would need a variance from the ZBA to create an additional unit. The proposed zoning amendment (from R2 to R1) would effect property owners who currently have two-family dwellings in that they would have to get a special permit when altering or enlarging their structure. Under the proposed zoning (Rl) property owners would no longer have the option • of a two-family structure. However, Chestnut Street is a unique street in the City of Salem with some of the most historic homes and their preservation is important. 1 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 • WWW.SALEM.COM . 7PM—Regular Meeting Continuation of Public Hearing—Form C—Definitive Subdivision—Saunders &Pearl Streets Continuation of Public Hearing—Form C–Definitive Subdivision & Cluster Residential Development &Wetland Special Permit-Dell Strect—Bartlett& Steadman Development Corp. This project includes the construction of Durkin Road Extension and associated utilities to service the construction of twenty-three (23) single-family dwellings. Updated Information: You have received updated plans for Dell Street. Please review the plans carefully and prepare comments regarding any outstanding issues. The Engineering Department recently received the updated plans and information. They will need time to meet with the applicant and review the finer points of the drainage system to ensure that the development is not creating a bottleneck downstream. Comments from the Meeting on December 2. 2004• The applicant stated that he will supply the following information: • Report to the City Engineer regarding the drainage conditions on the eastern side of Highland Avenue. ■ A draft of the proposed abandonment of Sable Road ■ The maximum load of the proposed drainage system. • The applicant was asked to make a contribution per lot for a sewer capacity study. The exact amount will be worked out prior to the board's decision. 2 • Salem Planning Board Minutes of Meeting Thursday, December 16, 2004 A regular meeting of the Salem Planning Board was held on Thursday, December 16, 2004 in the third floor conference room at 120 Washington Street, Salem, Massachusetts at 7:00 p.m. Those present were: Chairman Walter Power, Gene Collins, Pam Lombardini, Chuck Puleo, Paul Durand, Ellen DiGeronimo, John Moustakis, Christine Sullivan. Also present were City Planner Lynne Duncan, Staff Assistant Valerie Gingrich, and Eileen Sacco, Clerk. Members Absent: David Weiner Continuation of Public Hearing - Form C - Definitive Subdivision - Saunders and Pearl Streets Walter Power read a letter from Atty. Jack Keilty withdrawing the request in consideration of the taking of land by the Commonwealth of Massachusetts. Ellen DiGeronimo moved to allow the applicant to withdraw the application for a Form C - Definitive Subdivision for Saunders and Pearl Streets, seconded by John Moustakis and approved unanimously. • Continuation of Public Hearing - Form C - Definitive Subdivision and Cluster Residential Development and Wetlands S2ecial Permit - Dell Street - Bartlett and Steadman Chuck Puleo recused himself from discussion of this matter. Atty. George Atkins addressed the Board and stated that an engineering report on the drainage for the site has been given to the City Engineer. He explained that the report details the pre and post development rates and they show a slight reduction in drainage. He noted that the engineering department wants a larger reduction however if they start reducing too much they will take too much from the wetlands. He stated that they are meeting with the engineering staff to see if they can resolve this. Atty. Atkins also noted that the Board of Health wants the plans sent to the Essex County Mosquitoe Control Board and they need to submit a letter to the Board of Health. Atty. Atkins stated that he has been in contact with Recreation Director Doug Bollen and he wants to bring the park plans to the Park and Recreation Commission. Walter Power suggested that the runoff go into french drains to reduce the runoff on the property. Atty. Atkins stated that they would check on that with the engineers. Walter Power opened the hearing up for public comment at this time. There was no • one present who wished to speak on the matter. 1 There being no further questions or comments regarding this matter this evening a t� motion was made by Ellen DiGeronimo to continue the public hearing to January 6, 2005, seconded by Pam Lombardini and approved unanimously. Recommendation to Salem City Council on Rezoning Amendment for Chestnut Street Christine Sullivan addressed the Board and stated that she lived on Chestnut Street and stated that she felt that it is a sacred trust to live on that street. She also stated that it made her proud of the action they want to take and she was stunned that so many people signed a petition in support of this because these residents are taking this action against their own economic self interest. Paul Durand stated that he feels that this is not about a few people who want to keep things the way they are, it is about preserving a treasure and he feels it is more important to keep it in tact. Pam Lombardini stated that she is having a hard time with this and noted that people come before the Board all the time with problems about changes in their neighborhoods. She stated that she feels that they are asking for something special for their neighborhood and other neighborhoods could do the same noting that the point area is overcrowded. John Moustakis stated that he thinks the principal of the matter is all right, but noted that there are a lot of homes in the city in other neighborhoods with historic value and they will be coming in for the same thing. He suggested that we should look at • the whole city when considering this. Paul Durand stated that it is not about individual homes but rather the uniqueness of Chestnut Street and the continuity. He noted that Chestnut Street as a whole is a treasure which is listed in the National Register. He stated that it is not an issue of giving one neighborhood special treatment but rather the preservation of Chestnut Street. Ellen DiGeronimo stated that she realizes that the street is a treasure but noted that she would hate to restrict someone from using the property to support themselves should they find they have the need to do that and she is concerned about restricting someone's rights. Christine Sullivan noted that if someone wants to convert to condos they would have to go to the ZBA for a variance. Walter Power noted that the whole city has been affected by condo mania and suggested that they attach a rider on the amendment that designates oversight on this to the Historic Commission. Lynn Duncan stated that deed restrictions can protect the interior and the exterior of the property if they want to go that far. She also noted that Chestnut Street is unique and it is important to protect it, however she stated she would not like to see a domino effect with other neighborhoods seeking to do this as well. • John Moustakis noted that downtown Salem has major traffic problems and Chestnut Street is the widest street in the city and it is a one way street. 2 Walter Power noted that this is a section of the city that embodies the past and we should protect it by putting some control on breaking up the homes. He stated that there is a great difference between single family ownership and multiple owners. Pam Lombardini noted that some people can't afford to live in big homes on Chestnut Street but could afford a condo. She stated that she feels that an entitled group is feeling they can hold it there and she has concerns about that. Paul Durand noted that he lives in a historic district and there are restrictions in place on him as well. He noted that he made a choice to live in his neighborhood and it costs him a lot more for some repairs that he has had to make to his home. He stated that it is about pride in our city. There being no further questions or comments regarding this matter a motion was made by Paul Durand to recommend approval of the zoning change from R2 to R1 for parcels facing Chestnut Street, seconded by Christine Sullivan and approved unanimously. Approval of Minutes The minutes of the Planning Board meeting held on June 19, 2003, were presented for approval. Christine Sullivan moved approval, seconded by Pam Lombardini and approved. • The minutes of the Planning Board meeting held on July 10, 2003, were presented for approval. Christine Sullivan moved approval, seconded by Pam Lombardini and approved. The minutes of the Planning Board meeting held on July 17, 2003, were presented for approval. Christine Sullivan moved approval, seconded by Pam Lombardini and approved. The minutes of the Planning Board meeting held on November 18, 2004 were presented for approval. Ellen DiGeronimo moved approval as amended, seconded by Pam Lombardini and approved. 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 John Moustakis and approved. The meeting was adjourned at 8:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Planning Board PB121604 • 3 • Joint Public Hearing of the Salem Planning Board and the Salem City Council Minutes of Meeting Thursday, December 16, 2004 A Joint Public Hearing of the Salem Planning Board and the Salem City Council was held on Thursday, December 16, 2004 at 6:00 p.m. in the Salem City Council Chamber, 93 Washington Street, Salem MA. The purpose of the hearing was for the proposal to rezone the parcels fronting on Chestnut Street from R2 to R1. Present were: City Council President Leonard O'Leary, Councillors Lucy Corchardo, Michael Sosnowski,Jean Pelletier, Matthew Veno, Michael Bencal,Joseph O'Keefe, Thomas Furey, Kevin Harvey,Joan Lovely and Arthur Sargent. Planning Board members present were: Chairman Walter Power,John Moustakis, Pam Lombatdini, Ellen DiGetonimo, Paul Durand and Christine Sullivan. Also present were City Planner Lynn Duncan, Staff Assistant Valerie Gingrich, and Eileen Sacco, Clerk. Councillor O'Leary called the meeting to order at 6:00 p.m. Councillor O'Leary recognized Attorney Joseph Cortend who addressed the members and explained the proposed zoning change on Chestnut Street from R2-R1. He noted that a • majority of the owners of property on Chestnut Street are in favor of this change in zoning. He also reviewed the history of Chestnut Street noting that several historians have referred to it while commenting on the history of Salem. Annie Harris, President of the Chestnut Street Association addressed the members and noted that Chestnut Street has great historic significance. She referred to a handout that quoted historians regarding Chestnut Street. She stated that it is important to keep the properties intact.and noted that the Chestnut Street Association has fought the conversion of homes to condos in the past. She also noted that they have a petition signed by 42 homeowners on Chestnut Street in support of this initiative. She concluded by noting that there is a great public benefit in preserving Chestnut Street as it is currently. Patricia Zaido of Chestnut Street addressed the members and expressed her support of the zoning change. Anne Busteed of 8 Chestnut Street addressed the members and expressed her support for the zoning change. Abby Burns of 15 Chestnut Street addressed the members and expressed her support for the zoning change. Dr. LeBel of 1 Chestnut Street the addressed the members and expressed his support for the • zoning change. • Martha Shrieve of 17 Chestnut Street the addressed the members and expressed her support for the zoning change. Jill Wannaamaker of 29 Chestnut Street the addressed the members and expressed her support for the zoning change. Tom Vandersome of Chestnut Street the addressed the members and expressed his support for the zoning change. Kathy Randall of 46 Chestnut Street the addressed the members and expressed her support for the zoning change. John Randall of 46 Chestnut Street the addressed the members and expressed his support for the zoning change. Jack Connelly of 48 Chestnut Street the addressed the members and expressed his support for the zoning change. Sean O'Connor of 24-26 Chestnut Street the addressed the members and expressed his support for the zoning change. He questioned how many two family homes are on the street and whether the measure goes far enough to prevent conversion to condos in the future. • Atty. Correnti stated that there are 20 single-family homes on the street all are on non conforming lots. He also noted that there are 12 two-family homes as well. He noted that many homes could be converted to condos but that would require a variance from the ZBA for that to happen. He added that the change to R1 would best protect the historic homes. Donald Cutler of 38 Chestnut Street addressed the members and expressed his support for the zoning change. Jim McClain of 6 Chestnut Street the addressed the members and expressed his support for the zoning change. Richard White of 12 Chestnut Street the addressed the members and expressed his support for the zoning change. He noted that he has a carriage house with a reasonable amount of off street parking. Claire Hayes of 39 Chestnut Street addressed the members and stated that she is opposed to the petition because she does not think it goes far enough. Oscar Pagent of 27 Chestnut Street the addressed the members and expressed his support for the zoning change. Natahe Guinee of 19 Chestnut Street the addressed the members and expressed her support 40 for the zoning change. • Blake Anderson of 4 Chestnut Street the addressed the members and expressed his support for the zoning change. Hugh Cook of 4 Chestnut Street the addressed the members and expressed his support for the zoning change. Rich Giganita of 41 Chestnut Street the addressed the members and expressed his support for the zoning change. Craig Barrows of 22 Chestnut Street the addressed the members and expressed his support for the zoning change. Janice LeBel of 1 Chestnut Street the addressed the members and expressed her support for the zoning change. Atty. Corrend submitted a letter signed by the residents of Chestnut Street who were unable to attend the meeting this evening in support of the zoning change. Planning Board Chairman Walter Power addressed those present and stated that he understands why the residents want to protect the neighborhood, but noted that the ZBA can change this as people apply for variances. He stated that the neighbors would have to be fairly vigilant regarding this. He also suggested that there should be some oversight by the Historic Commission. • Councillor O'Keefe questioned how this zoning change would affect Hamilton Hall. Atty. Correnti stated that there would be no effect on Hamilton Hall as the result of this zoning change. He explained that it would only affect the houses that front on Chestnut Street and Hamilton Hall has a Warren Street address. Councillor O'Keefe stated that carriage houses could be converted to single-family homes and he is concerned about the carriage houses in the rear of some properties. Councillor Harvey noted that there seems to be only one person against this and that is because they do not feel that the change goes far enough. He stated that the response of people who come to Salem and view Chestnut Street is well received and urged the Planning Board and City Council to approve this change. Councillor Furey addressed those present and expressed his support for the change. Councillor Veno addressed those present and referred to the history of Salem and noted that Chestnut Street is a wonderful example of Salem's history and is an important part of our cultural richness. Councillor Sargent addressed those present and expressed his support for the ordinance change. is There being no further questions or comments regarding this matter a motion was made by Councillor Pelletier to refer the matter to the Salem Planning Board for a recommendation and to close the public hearing, seconded by Councillor Lovely and approved. • The meeting was adjourned at 6:50 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Planning Board PBCC121604 • • CITY OF SALEH, MA • CITY OF SALEM CLERK'S OFFICE PLANNING BOARD 3004 NOV 30 P 9. 111 , Notice of Meeting You are hereby notified that the Salem Planning Board will hold its regular meeting on Thursday, December 2, 2004, at 7:00 PM in Room 31,3,/Third Floor at 120 Wash`�in(ggtt Street. , Walter B. Power, III Chairman 1. Form A-65 Jefferson Avenue-65 R& C Realty Trust 2. Form A-103 Marlborough Road—Osbome Hills Realty Trust 3. Continuation of Public Hearing—Form C—Definitive Subdivision & Cluster Residential Development & Wetland Special Permit-Dell Street—Bartlett & Steadman • Development Corp. 4. Continuation of Public Hearing—Site Plan Review & Wetlands & Flood Hazard Special Permit-289 Derby Street-289 Derby Street Realty Trust 5. Approval of Minutes -October 17, 2004 - November 4, 2004 6. Old/New Business This notice posted on "Official BU!letin Board"Hell Ave., Sc;lsrn, f0r3Ss. on 7ioo. so aoo 23A & 23B of Ai iG,rccordanr E4rnh Ctl;�p, 3� • 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 • WWW.SALEM.COM CITY OF SALEM PLANNING BOARD MEMORANDUM TO: Planning Board Members FROM: Valerie Gingrich Department of Planning& Community Development DATE: November 23, 2004 RE: Agenda –December 2, 2004 The following is a brief description of the items, which are listed on the attached agenda. Please contact me at the Department of Planning& Community Development at 978-745-9595, extension 311, if you have any questions pertaining to the agenda items. Form A-65 Jefferson Avenue--65R&C Realty Trust, Raymond Jeffery,Jr. & Charles Jeffery, Trustees • This Form A divides the existing lot,which is located in the industrial zone, into two new lots,Lot 1 and Parcel 2. Parcel 2 consists of 10,915 square feet with 38.5 feet of frontage. Parcel l is not a buildable lot as stated in note #8 on the plan. Parcel l will be conveyed to and combined with the abutting parcel, which belongs to RTD Nominee Trust. Lot 1 is left with 79,675 square feet and 366.8 feet of frontage along Jefferson Avenue. Continuation of Public Hearing—Form C–Definitive Subdivision & Cluster Residential Development &Wetland Special Permit-Dell Street—Bartlett&Steadman Development Corp. This project includes the construction of Durkin Road Extension and associated utilities to service the construction of twenty-three (23) single-family dwellings. Updated Information: The Engineering Department has asked that the applicant look into the condition of the drainage system on the other side of Highland Avenue. They have also asked that the applicant make a contribution towards improvements in the sewer system. Comments from the Meeting on November 4. 2004• • The developer should install stop signs on Durkin and Mooney • A roundabout will not work in this situation, so the developer should install loam and seed, etc. ■ The board asked for the number of lots that could be built on the land by right ■ The board asked for the percentage of open space and wetlands • The board asked the applicant to look into abandoning a portion of Circle Hill Road • Comments from the Meeting on October 21. 2004: ■ The traffic study should be signed and stamped 1 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM . • The applicant should submit a construction traffic management plan The applicant stated that he is willing to donate land to DiBiase park and make improvements ■ The applicant stated that he is willing to donate additional land for a park near Durkin Road The applicant stated that he would install a "T-box" to alleviate drainage problems downstream Comments from the Meeting on October 7 2004: The applicant stated that they will submit the list of responsibilities for the Homeowners Assocation (HOA). ■ Improvements to DiBiase Park were discussed The possibility of combining the parcel adjacent to the park with the park was discussed and will be looked at in more detail The board asked that the applicant make a note on the registered land parcel that states that it cannot be subdivided. ■ Drainage on Highland Avenue is being discussed with the City Engineer • A mix of housing types is preferred The applicant agreed to consider widening the blasting survey area The number of units will produce an increase in traffic • The number of illegal u-turns will increase Comments from the Meeting on July 15. 2004: . The locus plan that was submitted is inadequate ■ Mooney Road should be considered when looking at traffic improvements ■ Restrictive covenants should be established which do not allow boats, campers, etc. ■ The applicant should look at abandoning the streets that will not be used. ■ A site visit will be necessary • All state laws must be followed when blasting The traffic study should look at another lane on Highland Avenue for turnoffs Stormwater management is a big concern Continuation of Public Hearing—Site Plan Review &Wetlands & Flood Hazard Special Permit-289 Derby Street-289 Derby Street Realty Trust The proposed project for the Coastal Gas Station site includes the construction of a six-story 70,225 square foot mixed-use building with 38 residential units and 2,200 square feet of commercial space on the ground floor. The project also includes the construction of a sub-surface parking facility with 57 parking spaces. Updated Information: The Engineering Department is reviewing the revised plans. If the City Engineer indicates that all requirements have been met,we will be ready with a draft decision for the next meeting. Comments from the Meeting on October 7 2004: The applicant stated that they will provide specifications of the pumps for the garage to the engineering department for review and approval 2 • Comments from the Meeting on September 16. 2004: • A gate for the residential parking should be considered. • A warning device and signage should be installed to warn pedestrians of traffic entering and e:usting the site. • Green building methods should be considered • Construction vehicles should be parked in the South Harbor Garage. • A construction schedule should be submitted to the police department and the engineering department prior to construction Comments from the meeting on September 12004: ■ The plans submitted should be stamped by a professional registered engineer. Can the underground parking within 100 feet of the river be private? • The engineering for the underground parking should be submitted for review The construction management plan should include a description of the fill that will be removed from the site should be submitted ■ The applicant shall submit a traffic study for review • 3 • Salem Planning Board Minutes of Meeting Thursday,December 2, 2004 A regular meeting of the Salem Planning Board was held on Thursday,December 2, 2004 in the third floor conference room at 120 Washington Street,Salem,Massachusetts at 7:00 p.m. Those present were: Chairman Walter Power, Gene Collins, Pam Lombardini, Chuck Puleo, David Weiner, Ellen DiGeronimo, John Moustakis, Christine Sullivan. Also present were City Planner Lynn Duncan,Staff Assistant Valerie Gingrich, and Eileen Sacco, Clerk. Members Absent: Paul Durand Form A—65 Jefferson Avenue—65 R&C Realty Trust Attorney Bill Quinn addressed the Board and explained the Form A application for his clients Jeffery Brothers Inc. He stated that their intention is to divide the existing lot, which is located in the industrial zone, and the RC zone into two lots, lot 1 and parcel 2. He noted that parcel 2 contains 10,915 s.f. with 38.5 feet of frontage and is not a buildable lot as noted on the plan. He explained that parcel 2 will be conveyed to and combined with the abutting parcel, which belongs to RTD Nominee Trust. Atty. Quinn explained the history of the project and noted that they have been unable to sell their property on Canal Street, but they currently have it under agreement and this sale will provide some financing to allow them to move forward with a smaller project on the site. Attorney Quinn also • noted that they will be back before the boras with another Form A for the other side of the parcel in the near future. He stated the matter is currently in litigation. Walter Power expressed concern about reducing the size of the parking area on the site. Arty. Quinn stated that they do not have a site plan for the new project as of yet and they will have to five with the consequences of this action, noting that the new project will be much smaller. He also stated that the abutting dry wall company would like to expand their property and they are scheduled to close on this piece of the property. He explained that and they will be back to the Board for approvals when the next project is ready to file. There being no further questions or comments regarding this matter a motion was made by Gene Collins to approve the Form A for 65 Jefferson Avenue, seconded by Ellen DiGeronimo and approved. Form A—103 Marlborough Road—Osborne Hills Realty Trust Arty. Brian McGrail addressed the Board and explained the Form A application. He stated that parcel BI is intended to be combined with parcel B2 and explained the frontage and the width of the property. Christine Sullivan stated that the way she sees this, this is another case of the Planning Board approving another lot that will add to the cars entering Marlborough Road. Valerie Gingrich passed around a plan that was filed with the Conservation Commission by the • applicant which shows the location of the proposed dwelling and the proposed driveway which provides space for turning around. 1 • Arty. McGrail stated that this Form A plan is simple and noted that he would relay the concerns of the Board to Mr. DiBiase. There being no further questions or comments regarding this matter a motion was made by Gene Collins to approve the Form A for 103 Marlborough Road, seconded by John Moustakis and approved with Christine Sullivan opposed. Continuation of Public Hearing — Form C — Definitive Subdivision and Cluster Residential Development and Wetlands Special Permit—Dell Street—Bartlett and Steadman Chuck Puleo recused himself from discussion of this matter. Arty. George Atkins addressed the Board and noted that a site visit was held and updated the Board on the changes to the plan. He noted that the plan has been colored to show the wetlands and open areas as requested. Atty. Atkins noted that a question was raised about whether a determination was made as to the amount of wetland versus upland in the calculations. He explained that the regulations state that 20% of the area is required to be open space and of that no more than 50% of the 20% can be wetlands. He stated that they satisfy the zoning requirement in both respects. Arty. Atkins explained that upstream there are 2 series of large pipes which will be directed to an underground retention system. He explained that their proposed system will not add to the runoff down stream. He also explained the downstream problems and noted that the pipes get clogged with debris and cause the flooding problems, noting that they have included that in their plans and will • attempt to alleviate that problem by installing a system that will help that. Arty. Atkins also noted that they have not been able to locate the plans for the draining system further east on Highland Avenue. He also noted that much to his chagrin his client opened the manhole on Highland Avenue himself and found that the water goes down to the back of the High School area. He stated that they would give their report of their findings to the City Engineer and will include a proposal and observations of the area. Atty. Atkins stated that they plan to seed the area about the underground drainage system as they indicated to the neighbors and the City Planner. Walter Power asked for the load capacity of the drainage pipes and commented that signage should prohibit vehicles from driving and parking on the structure. He added that boulders could be placed around the area. Arty.Atkins stated that this would conclude their presentation and hope that at the next meeting they could review a draft decision with the Board. He also noted that they will provide some language regarding the homeowners association and the City Planner is looking into the specifics of the park improvements proposed. Arty. Atkins also stated that there are plans to do a study of the sewerage line off Jefferson Avenue, to the pumping station and a contribution has been made by the developer of a project on First Street and they are working on a figure that they could contribute for that study as well. He stated that they hope to have all of this in place for the next meeting. John Moustakis stated that the Board would be interested in the findings of the report on the pipe on • Highland Avenue, noting that 500 gallons of red dye were sent through a similar pipe in another location and it was never found. He also suggested that they should look at that when it rains heavily. 2 • Valerie Gingrich noted that since the complaints about the blasting on the DiBiase project she has been in contact with the State Fire Marshalls office and they have flyers for homeowners regarding blasting regulations and suggested that they be given to the abutters. Walter Power opened the hearing up for public comment at this time. Warren Ford of 41 Gallows Hill Road addressed the Board and expressed his concerns about drainage and pre blast surveys. Chuck Puleo addressed the Board and noted that the drainage plan shows the layout of Highland Avenue and noted a 12" pipe that goes into a 20"pipe and explained the location of the route of the pipe. Walter Power noted that the developer reduced the amount of houses by three lots and noted a lot on the plan where a house was removed. He questioned if the lot was left the same sue and suggested that the lot be given for more open space.Arty.Atkins stated that the lots were enlarged at the request f the abutters. Walter Power also requested that processed gravel be placed on the trails of the open space. It was noted that the Conservation Commission would have to approve that as well. There being no further questions or comments regarding this matter a motion was made by John Moustakis to continue the Public Hearing to December 16, 2004, seconded by David Weiner and approved. • Continuation'of Public Hearing — Site Plan Review and Flood Hazard Special Permit— 289 Derby Street—289 Derby Street Realty Trust Arty. Scott Grover addressed the Board representing his client George Belleau of 289 Derby Street Realty Trust. He also noted that Steve DiCorsi of Boller Engineering is also present this evening. He stated that the latest recommendations of the engineers have been forwarded and incorporated into the latest version of the plans. Arty. Grover explained the status of the SRA and the DRB process. He also stated that they hope to review the draft conditions for the project this evening. Christine Sullivan addressed the developer and suggested that he consider including wireless Internet access in the project. Mr. Belleau stated that he uses wireless Internet and he is not happy with the security of it but he is not against it. Walter Power noted that there are some concerns about the walkway to the Harbor. Mr. Belleau stated that he plans to rebuild the Hess walkway together with his to make it a ten foot walkway and Hess has agreed to the concept. Walter Power asked if they are planning to install period fighting along the walkway. Mr. Belleau stated that the DRB is reviewing that now.And then plan on building lighting. Walter Power asked if they have given anymore thought to the idea of collecting rainwater and reusing it in the building, explaining that green system are being used more and more these days. Mr. • DiCorsi stated that they are looking into that. Walter Power also suggested that they look into solar panels for the roof. 3 Y • A discussion was held on the possibility of a contribution for the redesign of cross walks in the area. Atty. Grover stated that the engineering dept. asked for $15,000 each for three crosswalks. Atty. Grover noted that there are a lot of cross walks in the area and noted that $15,000 each is excessive. Mr. Belleau explained that the process has the look of brick in the crosswalk and plows break it up. He stated that there is a product that is out there that has been used in Cambridge that is a hot top imprint in the shape of brick and it is painted. He also noted that the plowing does not bother it and the city should look into that. Valerie Gingrich explained that the stamp & coloring has been used and does not last Wee the thermoplastic resin crosswalks. Walter Power opened the hearing up for public comment at this time. There was no one present who wished to comment on this matter. There being no further questions or comments regarding this matter a motion was made by John Moustakis to close the public hearing, seconded by Ellen DiGerottimo and approved. Valerie Gingrich reviewed the draft decision with the Board. Chuck Puleo stated that the Planning Board should be notified if any streets will be closed during construction of the project. John Moustakis moved to approve the draft decision for 289 Derby Street as amended, seconded by David Weiner and approved. Old /New Business Valerie Gingrich informed the Board that the North River Parkway meeting will be held on Monday, December 6, 2004 at 7:00 p.m. • Valerie Gingrich reviewed the Planning Board meeting schedule for the year 2005 with the Board. Pam Lombardini moved approval of the meeting schedule, seconded by Ellen DiGeronimo and approved. Approval of Minutes The minutes of the Planning Board meeting held on October 21, 2004 were presented for approval. Ellen DiGeronimo moved approval as amended, seconded by Christine Sullivan and approved. The minutes of the Planning Board meeting held on November 4,2004 were presented for approval. Ellen DiGeronimo moved approval as amended, seconded by Pam Lombardini and approved. 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 John Moustakis and approved. The meeting was adjourned at 9:45 p.m. Respectfully submitted by: • Eileen M. Sacco,Clerk Salem Planning Board PB120204 4 CITY OF SAL�,MPI1A • s CITY OF SALEM CLERKS OFRCE, PLANNING BOARD 1004 NOV I l P 12 26 Notice of Meeting You are hereby notified that the Salem Planning Board will hold its regular meeting on Thursday, November 18, 2004, at 7:00 PM in Room 313, Third Floor at 120 Washington Street. Walter B. Power, III Chairman Tentative Agenda: 1. Public Hearing—Waiver from Frontage Requirements-173 Ocean Avenue West— Richard Pelletier • 2. Continuation of Public Hearing-Site Plan Review-2 & 5 Waters Street—North River Redevelopment Trust 3. Continuation of Public Hearing—Site Plan Review & Wetlands & Flood Hazard Special Permit-289 Derby Street-289 Derby Street Realty Trust 4. Approval of Minutes 5. Old/New Business This notiee posted on "Official Bullet Borard° City Hall Ave., Salem, Mass. on ii7laooy at /9: zv Pn� in accordance with Chap. 4 Sec. 23A A 238 of M.G.L. 0 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM . o �v� n CITY OF SALEM PLANNING BOARD MEMORANDUM TO: Planning Board Members FROM: Valerie Gingrich v-C/ Department of Planning& Community Development DATE: November 10, 2004 RE: Agenda—November 18, 2004 The following is a brief description of the items, which are listed on the attached agenda. Please contact me at the Department of Planning& Community Development at 978-745-9595, extension 311, if you have any questions pertaining to the agenda items. Continuation of Public Hearing—Site Plan Review-2 & 5 Waters Street—North River Redevelopment Trust The proposed project includes the construction of fourteen (14) garden type residential condominium townhouse units at 2-5 Waters Street,with the structures having a total of 27,720 square feet. The site is located off of Mason Street between Waters Street and Buffum Street and adjacent to the Salvation Army site. The site is currently home to an old industrial building. The project includes the construction of four units at 5 Waters Street,which is zoned Bl, and the construction of ten (10) units at 2 Waters Street, which is zoned Industrial. Comments from the Meeting on November 4- 2004: • The board asked that the applicant add bay windows to the sides of the buildings. ■ The board suggested that the applicant break up the roof over the front doors of the buildings. Comments from the Meeting on October 7. 2004: ■ The board responded positively to the new layout which includes twelve units ■ The applicant was asked to look at putting the parking in the back of the units • The applicant was asked to do stamped concrete instead of brick because of maintenance Comments from the Meeting on September 16, 2004: The site is too crowded to include adequate site items. Comments from the Meeting on September 2. 2004: • Snow storage should be shown on the plans • The board agreed that access to the canal is important •• • The existing storm drain to the North River should be inspected ■ An oil/water separator should be installed in the drainage system 1 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 • WWW.SALEM.COM • Sidewalks should be added to the plans A Construction Management plan should be submitted for review Continuation of Public Hearing—Site Plan Review & Wetlands & Flood Hazard Special Permit-289 Derby Street-289 Derby Street Realty Trust The proposed project for the Coastal Gas Station site includes the construction of a six-story 70,225 square foot mixed-use building with 38 residential units and 2,200 square feet of commercial space on the ground floor. The project also includes the construction of a sub-surface parking facility with 57 parking spaces. Updated Information: The Engineering Department is reviewing the revised plans. If the City Engineer indicates that all requirements have been met, we will be ready with a draft decision for the next meeting. Comments from the Meeting on October 7 2004• ■ The applicant stated that they will provide specifications of the pumps for the garage to the engineering department for review and approval Comments from the Meeting on September 16 2004: • A gate for the residential parking should be considered.. ■ A warning device and signage should be installed to warn pedestrians of traffic entering and existing the site. • Green building methods should be considered • Construction vehicles should be parked in the South Harbor Garage. ■ A construction schedule should be submitted to the police department and the engineering department prior to construction Comments from the meeting on September 2 2004• The plans submitted should be stamped by a professional registered engineer. ■ Can the underground parking within 100 feet of the river be private? ■ The engineering for the underground parking should be submitted for review ■ The construction management plan should include a description of the fill that will be removed from the site should be submitted ■ The applicant shall submit a traffic study for review 2 Salem Planning Board Minutes of Meeting Thursday,November 18,2004 A regular meeting of the Salem Planning Board was held on Thursday, November 18, 2004 in the thud floor conference room at 120 Washington Street,Salem,Massachusetts at 7:00 p.m. Those present were: Chairman Walter Power, Chuck Puleo, David Weiner, Paul Durand, Ellen DiGeronimo,John Moustakis, and Christine Sullivan. Also present were City Planner Lynn Duncan, Staff Assistant Valerie Gingrich, and Eileen Sacco, Clerk. Members Absent: Pam Lombardini, Gene Collins Public Hearing—Waiver from Frontage Requirements— 173 Ocean Avenue—Richard Pelletier Atty. Steve Lovely addressed the Board and explained that Brook Street runs between Lawrence Street and Jefferson Avenue. He noted that the highlighted lot on the plan is the lot that is being subdivided. He stated that the lots, after subdivision, will be the larger lots in the area. He further noted that it is the only large lot in the area and they are hoping to sell the family home, move into a smaller house and stay in the neighborhood. Walter Power noted that lot B on the plan is the vacant lot. Atty. Lovely stated that the address for the lot would be 7 Brook Street. Chuck Puleo noted that there is a vacant lot near the former Singleton property. Atty. Lovely noted that there is one lot in the neighborhood that has • conservation issues and even though they are across the street they are still within the 100 foot buffer zone and will have to get Conservation Commission approval. Christine Sullivan stated that she did not understand why the Board is voting on a waiver for this. Atty. Lovely stated that they have 75 feet of frontage. Walter Power opened the hearing up for public comment at this time. There was no one present who wished to speak on the matter. John Moustakis moved to close the public hearing, seconded by Christine Sullivan and approved. John Moustakis moved to approve the waiver from frontage for 173 Ocean Avenue, seconded by Christine Sullivan and approved. Atty. Lovely requested approval of the Form A plan for 173 Ocean Avenue. Ellen DiGeronimo moved approval of the Form A for 173 Ocean Avenue, seconded by Chuck Puleo and approved unanimously. Continuation of Public Hearing— Site Plan Review— 2-5 Water Street— North River Development Trust Atty. George Atkins addressed the Board and noted that they have distributed the revised plans for the site. He explained the variations to the plans. He also noted that they are hoping for a decision on the plans this evening. . Chuck Puleo asked if the last page of the plans show the windows that will be installed on the other side of the house. Atty. Atkins stated that they are identical to the windows that will be installed on all of the units. 1 • Walter Power noted that some of the doorways have flat roofs. He noted that the siding on the houses gets discolored over the years from rain hitting the flat roof. He suggested that they use a combination of the curved and peak rather than a flat roof. Christine Sullivan disagreed noting that the flat roof is a classic federal period feature. Paul Durand agreed stating that he likes the flat roof. David Weiner questioned if the Fire Department has reviewed the corners of the streets and if they can navigate them well. Arty. Atkins explained that they have been reviewed and the Fire Department did not indicate that they had a problem. Lynn Duncan stated that she felt that the Engineering Department would review that. Mr. Weiner stated that it would be an advantage of the pre-application process to have this reviewed. Ms. Duncan requested that the turning radius be indicated on the plans. She also noted that the turning radius coming down Waters Street should be dealt with during Site Plan Review as that is the opportunity to increase it if necessary. Ms. Duncan suggested that it would be helpful to have the turning radius shown on all plans. She explained that a lot of times the paving goes right up to the buildings and existing conditions should be shown as well to assist the Board. Lynn Duncan stated that comments from Captain Hudson indicated that he concurs with the plan. Lynn Duncan stated that from an Engineering perspective there are some pieces that the Board still does not have. The video of the drainage system has not been received and Engineering needs that information. She stated that the same holds true for the existing condition of the water line in Waters Street. She stated that repairs to the catch basin could be conditioned,if found to be needed. • She also noted that the type of pipe needs to be certified that it is suitable for shallow burial. Mr. Doherty stated that the pipe is suitable and lie has noted it on the plan. Walter Power asked if they had a discussion on the pipe size for the water line coming in from Mason Street. He stated that the Engineering Department has asked for an eight line water fine to be installed in Waters Street. Mr. Doherty stated that there was a question about what the size of the existing pipe is. He added that they were going to find out when the Salvation Army started excavating. Lynn Duncan stated that in the future she would Eke to see written comments from city departments so that applicants can address them before they come to the Board for approval. Arty.Atkins stated that he was at a meeting and there was an agreement regarding a six-inch pipe. Lynn Duncan stated that she is concerned that they need to do a better job coordinating comments and hopefully the pre-application process will help that. She stated that the other issue is that the Board of Health Director has some concerns about the Phase II Environmental Site Assessment. She stated that the Board of Health has not held a public hearing on this or made a recommendation to the Planning Board. She stated that there is some concern that the metal contamination level is elevated and Joanne Scott wanted to review it at a Board of Health Public Hearing. She stated that her concern is that the Planning Board is responsible to ensure that the site is compliant. Ellen DiGeronimo asked for a clarification on the concern. Ms. Duncan stated that there was a • leather factory on the site at one time and an environmental assessment indicated that there is an elevated level of a metal that was in excess of the allowable Emit. 2 -.,...mac... _.�. • Christine Sullivan questioned why the Board of Health has not addressed this before now. Arty. Atkins stated that they met with the Board of Health on September 14, 2004 and they had a public hearing. He stated that the fust he heard of this matter was tonight at 4:30 p.m. when he received a call from Ms. Duncan. He reported that the hearing on September 14th was held and they voted to issue their comments to the Planning Board. He also noted that thus property was purchased and financed by a bank, which would not have done so if they did not have a clean 21E. He noted that the levels of lead that Ms. Scott is referring to will be removed with the demolition of the building. He stated that it is unfair to suggest that his client should have to go back to the Board of Health at the eleventh hour. He also noted that they are required to have a licensed site professional to insure that all requirements are met. Lynn Duncan stated that she is glad that Mr. Arkins looked into that, noting that she does not understand why this happened. Arty. Atkins also reported that they had a meeting with the City Engineer that was arranged by the Planning Department staff and the six-inch pipe was addressed and agreed to. There appears to be a miscommunication about what would happen after the video of the pipe is taken. He stated that the video inspection of the pipe was never mentioned as having to be completed prior to the approval of the Planning Board. He stated that there is a draft of the derision for the Board to approve that indicates that the video will be done and if necessary they will make repairs to the drainage fine. He noted that they started this process over a year ago and it is time to move forward. He stressed that they have agreed to address any issues even though the city should be addressing them. John Moustakis noted that usually all city departments comment and address their concerns on • projects before the Planning Board gets to this stage. Lynn Duncan stated that she was at a Community Development meeting this week and Joanne Scott mentioned her concerns about this project and she was under the impression that the Board of Health had not met on this matter. She asked if they had a copy of the Board of Health comments. Valerie Gingrich stated that she did not have the decision from the Board of Health. Atty. Atkins stated that the standard conditions of the Planning Board indicate that the applicant will comply with all requirements of the Board of Health Atty. Atkins noted that there are a lot of people who need to be advised of projects that you don't necessarily hear from noting the School Department as an example. Paul Durand noted that it is past the time for opening the street if they need to do so to video the pipe. He also noted that they can video through a manhole. Christine Sullivan noted that the Board has requested video of pipes in the past and clarified that it is usually a condition. John Moustakis agreed noting that the Board has done this in the past. Atty. Atkins noted that Ms. Duncan is new to the city and he is not blaming her but as she explained it to him, this is a new requirement of the city engineer by requiring it prior to approval. Ms.Duncan stating that that was not what she said and explained that she was told that the city engineer wanted the information ahead of time, and did not indicate to her that it was anything new. Atty. Atkins stated that this is was news to him and they should have been notified ahead of time. John Moustakis stated that the Board has requested that information prior to approval in the past but they did not ask for that in this case. Paul Durand noted that there are a lot of unknowns under the streets of Salem and it makes sense to . have the pipes inspected prior to construction. Arty. Atkins agreed that it needs to be done but not prior to the approval of the Planning Board. 3 • David Weiner asked the applicant if he was willing to comply with the city if they request an 8-inch pipe. Atty. Atkins stated that they will do whatever they have to. Lynn Duncan suggested that the Board condition the approval on Board of Health approval and compliance with the Massachusetts Contingency Plan. Walter Power noted that since the Board of Health held a hearing there must be a decision somewhere. Mr. Doherty explained that the Board of Health held a hearing and Ms. Scott was going to review the 21E report and she never informed them of her concerns. Chuck Puleo asked if the City has any authority to require the applicant to do more than the state requires on the clean up of the site. Arty. Atkins suggested that the Board can approve the project subject to the successful completion of the Board of Health requirements. A discussion was held on the reviewing of plans prior to them being reviewed by the City boards and Commissions. John Moustakis stated that he did not think that the excuse that the Boards and departments are busy is not a good one. He stressed that if they need more help they should get it. Walter Power stated that he still has an issue of safety regarding having a sidewalk along the back of the Salvation Army property. Arty. Atkins suggested that the Board meet with the Salvation Army as the issue is really out of their control. Walter Power explained that the street is too narrow for two cars to get through and he does not think it is in good conscience to say that people have to walk on • the street. Ellen DiGeronimo recalled that there was talk of only allowing residents to park on the street. Attorney Atkins stated that it is resident only parking and it a matter of enforcing it. Arty. Atkins noted that they do not own the property and they cannot tell the Salvation Army what to do. Walter Power stated that he talked with Bruce Tbibodeau and it looks like the Salvation Army has a couple of feet on the other side of their fence and Mr. Thibodeau indicated that he would have no problem allowing another three feet on the roadway side if they could get an easement from the Salvation Army. Arty. Atkins stated that if the question was whether the applicant would construct the sidewalk if the easements were granted, they would agree to that. Atty. Atkins stated that he talked to the Atty. for the Salvation Army and he stated that the need for parking is the reason that they would not be able to grant those easements, but the Planning Board may get a different answer. Walter Power stated that he would like to try to see if it could be done. Atty. Atkins asked them to consider that they may be creating more danger for pedestrians by putting the sidewalk in. It was agreed to press the Salvation Army for the easement and have the developers of 2& 5 Waters Street construct a four foot sidewalk on the easement and the city right of way. Lynn Duncan stated that they have considered having the Salvation Army replace landscaping with the sidewalk if possible. Walter Power asked if there were any other issues that should be brought up. There being none, . Valerie Gingrich reviewed the draft decision with the Planning Board. 4 . There being no further questions or comments regarding this matter a motion was made by John Moustakis to close the public hearing, seconded by Paul Durand and approved. John Moustakis moved to approve the draft decision for 2-5 Water Street as amended, seconded by Ellen DiGeronimo and approved unanimously. Request to Continue Public Hearing—Site Plan Review and Wetlands Flood Hazard Special Permit— 289 Derby Street Walter Power read the request to continue the public hearing to the nest meeting on December 2, 2004. Christine Sullivan moved to continue the public hearing to December 2, 2004, seconded by Paul Durand and approved unanimously. John Moustakis commented that the traffic in downtown Salem has been extremely bad due to the street closings and congestion caused by the Derby Lofts and the Old Police Station projects. The board discussed the street closings and construction vehicles,which have been using metered parking spaces. Ms. Duncan stated that she would review the board's site plan review decisions for each project and speak to the developers. There being no further business to come before the Planning Board at this meeting a motion was • made by Christine Sullivan to adjourn the meeting, seconded by John Moustakis and approved. The meeting was adjourned at 9:45 p.m. Respectfully submitted by: Eileen M. Sacco,Clerk Salem Planning Board PB111804 • 5 • s CITY OF SALEM PLANNING BOARD o Notice of Meeting xT cn ' p You are hereby notified that the Salem Planning Board will hold its regular meeting onfVhursday,GD' November 4, 2004, at 7:00 PM in Room 313,Third Floor at 120 Washington_ Street. w D Walter B. Power, III Chairman 6:OOPM—Discussion of Cluster/Open Space Residential Development—Kathy Leahy, Massachusetts Audubon Society Tentative Agenda: 1. Recommendation to the City Council on Rezoning & Zoning Amendments ■ 319 Highland Avenue ■ Section 5-2 (b) (2) regarding two family dwellings • ■ Section 7-8 regarding Accessory buildings and structures 2. Continuation of Public Hearing—Request for a Waiver from Frontage Requirements-88 Marlborough Road—Richard & Kathleen Theriault 3. Continuation of Public Hearing—Form C—Definitive Subdivision & Cluster Residential Development & Wetland Special Permit-Dell Street—Bartlett & Steadman Development Corp. 4. Continuation of Public Hearing—Site Plan Review-2 & 5 Waters Street—North River Redevelopment Trust 5. Continuation of Public Hearing—Site Plan Review & Wetlands & Flood Hazard Special Permit-289 Derby Street-289 Derby Street Realty Trust 6. Approval of Minutes -September 2, 2004 -September 16, 2004 -October 7, 2004 This notice posted on "Official Bulletin Board" City Hall Ave., Salam, Mass. on 7. Old/New Business at / ; ,V-5PA in a000rdarm wi • 23A A 93B of M.G.L. 1'20 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 • WWW.SALEM.COM a CITY OF SALEM PLANNING BOARD MEMORANDUM' TO: Planning Board Members FROM: Valerie Gingrich Department of Planning& Community Development DATE: October 28, 2004 RE: Agenda—November 4, 2004 The following is a brief description of the items, which are listed on the attached agenda. Please contact me at the Department of Planning& Community Development at 978-745-9595, extension 311, if you have any questions pertaining to the agenda items. Recommendation to the City Council on Rezoning & Zoning Amendments The Board held a joint public hearing with the City Council regarding the following items. At the next meeting, the board will discuss what they will recommend to the City Council regarding each item. • 1. To see if the City will vote to amend the Salem Zoning By-Laws by adding a maximum height requirement of one and one half stories or eighteen feet to Section 7-8 regarding Accessory buildings and structures. This item would add a height requirement specific to accessory buildings and structures (carriage houses,garages, tool sheds, etc.). Currently, there is no height restriction specifically for accessory buildings and structures; the height requirements follow what is set out for each zoning district. For example, in the Rl district, the maximum height of buildings is 35 feet or 2 '/z stories. 2. To see if the City will vote to amend the Salem Zoning By-Laws by deleting Section 5-2 (b) (2) regarding two family dwellings and replacing it with "Two family dwellings attached." This item refers to the permitted use, "Two-family dwellings, detached or attached," as it is written in the Zoning Ordinance under permitted uses in the R-2 district. The proposal would eliminate "detached" two family dwellings and allow only "attached" two family dwellings. 3. To see if the City will vote to amend the Salem Zoning By-Laws by rezoning the parcel located at 319 Highland Avenue from Business Park Development to Business Highway (B2). . This parcel is located on the corner of Swampscott Road and Highland Avenue at 319 Highland. It is the current site of the Moose Lodge and Tony Lena's Sandwich Shop and it is currently zoned l 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 0 TEL: 978.745.9595 FAx: 978.740.0404 0 WWW.SALEM.COM Business Park Development. The proposal is to extend the Business Highway district by rezoning • the 1.76-acre parcel to Business Highway (B-2) to construct a building, which will include a convenience store and bank branch, and a gasoline filling station. Continuation of Public Hearing—Request for a Waiver from Frontage Requirements-88 Marlborough Road—Richard & Kathleen Theriault This request for a waiver from frontage will subdivide the existing lot, located at 88 Marlborough Road into two new lots. The parcel is located in the RC district, which requires 200 feet for the lot width. Lot 1 is proposed to have an area of 10,981 square feet with 103.09 of frontage along Marlborough Road. Lot 2 is proposed to have an area of 13,763 square feet with 139.24 feet of frontage along Marlborough Road. The Zoning Board of Appeals granted a variance from lot size, lot width, front setback, side setback and rear setback to create a new lot for the property located at 88 Marlborough Road. At the last meeting, the Board asked the applicant to present the location of the proposed driveways at the next meeting. Continuation of Public Hearing—Form C –Definitive Subdivision & Cluster Residential Development &Wetland Special Permit-Dell Street—Bartlett& Steadman Development Corp. This project includes the construction of Durkin Road Extension and associated utilities to service the construction of twenty-eight (28) single-family dwellings. Comments from the Meeting on October 21. 2004 • The traffic study should be signed and stamped ■ The applicant should submit a construction traffic management plan The applicant stated that he is willing to donate land to DiBiase park and make improvements • The applicant stated that he is willing to donate additional land for a park near Durkin Road • The applicant stated that he would install a "T-box" to alleviate drainage problems downstream Comments from the Meeting on October 7. 2004• • The applicant stated that they will submit the list of responsibilities for the Homeowners Assocation (HOA). ■ Improvements to DiBiase Park were discussed ■ The possibility of combining the parcel adjacent to the park with the park was discussed and will be looked at in more detail ■ The board asked that the applicant make a note on the registered land parcel that states that it cannot be subdivided. ■ Drainage on Highland Avenue is being discussed with the City Engineer • A mix of housing types is preferred The applicant agreed to consider widening the blasting survey area ■ The number of units will produce an increase in traffic ■ The number of illegal u-turns will increase • Comments from the Meeting on July 15 2004: 2 l The locus plan that was submitted is inadequate • Mooney Road should be considered when looking at traffic improvements • Restrictive covenants should be established which do not allow boats, campers, etc. • The applicant should look at abandoning the streets that will not be used. A site visit will be necessary ■ All state laws must be followed when blasting The traffic study should look at another lane on Highland Avenue for turnoffs Stormwater management is a big concern Continuation of Public Hearing—Site Plan Review-2 & 5 Waters Street—North River Redevelopment Trust The proposed project includes the construction of fourteen (14) garden type residential condominium townhouse units at 2-5 Waters Street, with the structures having a total of 27,720 square feet. The site is located off of Mason Street between Waters Street and Buffum Street and adjacent to the Salvation Army site. The site is currently home to an old industrial building. The project includes the construction of four units at 5 Waters Street,which is zoned B1, and the construction of ten (10) units at 2 Waters Street, which is zoned Industrial. Comments from the Meeting on October 7, 2004: ■ The board responded positively to the new layout which includes twelve units ■ The applicant was asked to look at putting the parking in the back of the units • The applicant was asked to do stamped concrete instead of brick because of maintenance • Comments from the Meeting on September 16. 2004: ■ The site is too crowded to include adequate site items. Comments from the Meeting on September 2. 2004: ■ Snow storage should be shown on the plans ■ The board agreed that access to the canal is important ■ The existing storm drain to the North River should be inspected ■ An oil/water separator should be installed in the drainage system Sidewalks should be added to the plans • A Construction Management plan should be submitted for review Continuation of Public Hearing—Site Plan Review& Wetlands & Flood Hazard Special Permit-289 Derby Street-289 Derby Street Realty Trust The proposed project for the Coastal Gas Station site includes the construction of a six-story 70,225 square foot mixed-use building with 38 residential units and 2,200 square feet of commercial space on the ground floor. The project also includes the construction of a sub-surface parking facility with 57 parking spaces. Updated Information: The applicant has indicated that revised plans will be submitted to the Engineering Department today, October 28, 2004 for review. If the City Engineer indicates that all requirements have been met,we will be ready with a draft decision for the next meeting. • 3 Comments from the Meeting on October 7 2004• • • The applicant stated that they will provide specifications of the pumps for the garage to the engineering department for review and approval Comments from the Meeting on September 16. 2004: ■ A gate for the residential parking should be considered. A warning device and signage should be installed to warn pedestrians of traffic entering and existing the site. • Green building methods should be considered • Construction vehicles should be parked in the South Harbor Garage. ■ A construction schedule should be submitted to the police department and the engineering department prior to construction Comments from the meeting on September 12004: The plans submitted should be stamped by a professional registered engineer. Can the underground parking within 100 feet of the river be private? • The engineering for the underground parking should be submitted for review ■ The construction management plan should include a description of the fill that will be removed from the site should be submitted • The applicant shall submit a traffic study for review • • 4 • Salem Planning Board Minutes of Meeting Thursday,November 4, 2004 A regular meeting of the Salem Planning Board was held on Thursday, November 4, 2004 in the thud floor conference room at 120 Washington Street,Salem,Massachusetts at 7:00 p.m. Those present were: Chairman Walter Power, Gene Collins, Pam Lombarduu, Chuck Puleo, David Weiner, Paul Durand, Christine Sullivan. Also present were City Planner Lynn Duncan, Staff Assistant Valerie Gingrich,and Eileen Sacco, Clerk. Members Absent: Ellen DiGeronimo,John Moustakis Recommendation to the City Council on Rezoning and Zoning,Amendments 1. Vote to see if the City will vote to amend the Salem Zoning By-Laws by adding a maximum height requirement of one and one half stories or eighteen feet to Section 7-8 regarding Accessory buildings and structures: Valerie Gingrich explained that this item would add a height requirement specific to accessory buildings and structures (garages, tool sheds etc.) She stated that currently there is no height restriction specifically for accessory buildings an structures and the height requirements follow what is set out for each zoning district, explaining that currently in the Rl district the maximum height of buildings is 35 feet or 2 Vz stories. • Councilor Michael Sosnowski addressed the Board and stated that he sponsored this order at the request of the building inspector Tom St. Pierre in response to concerns about situations that have been allowed in the past. Paul Durand noted that this is the fast he has heard of this and stated that he is hesitant to Emit people's options if the situation were to fine with some areas. He stated that he would need a good solid legitimate argument to approve this. Christine Sullivan stated that this was not presented at the City Council hearing held a couple of weeks ago and she is leery of approving this. Walter Power stated that there are a number of reasons why restricting this would be questioned noting that it depends on the individual proposals presented. Gene Collins moved to recommend to the City Council that the change in the zoning for Section 7- 8 to incorporate a maximum height requirement of one and one half stories or eighteen feet to Section 7-8 regarding Accessory buildings and structures NOT be recommended, seconded by Pam Lombardini. The motion was unanimously approved. 2. Vote to see if the City will vote to amend the Salem Zoning By-Laws by deleting Section 5-2 (b) (2) regarding two family dwellings and replacing it with "Two Family Dwellings Attached." Valerie Gingrich explained that this item refers to the permitted use, "Two-family dwellings, detached or attached," as it is written in the Zoning Ordinance under permitted uses in the R-2 • district The proposal would eliminate "detached" two family dwellings and allow only "attached" two family dwellings. 1 • Andy Goldman of 11 Pearl Street addressed the Board and explained that if this provision had been to place the duplex on Pearl Street that was built would be illegal. He explained that they built two houses on the lots and connected them with a deck. Walter Power stated that he would like to know the definition of"attached" as it is refers to this. Christine Sullivan stated that she is opposed to the change because of a difference of opinion and noted that it should be up to the homeowner. She also noted that again the Board has not been briefed on this issue and she would oppose changing this. Paul Durand stated that he feels that the zoning covers it well and misinterpretations can happen. He stated that he feels that there are situations where"detached" dwellings could be useful. Christine Sullivan moved to recommend approval of this proposal to amend the Salem Zoning By- Laws by deleting Section 5-2 (b) (2) regarding two farrly dwellings and replacing it with "Two Family Dwellings Attached", seconded by Paul Durand. The board voted five (5) in favor, two (2) opposed. Lynn Duncan requested that Valerie Gingrich look into the vote required for passage of the motion. 3. Vote to see if the City will vote to amend the Salem Zoning by-laws by rezoning the parcel located 319 Highland Avenue from Business Park Development to Business Highway (B2). Valerie Gingrich stated that this parcel is located on the comer of Swampscott Road and Highland Avenue at 319 Highland Avenue and is the current site of the Moose Lodge and Tony Lena's • Sandwich Shop. She stated that it is currently zoned Business Park Development and this proposal is to extend the Business Highway district by rezoning the 1.76 acre parcel to Business Highway (B2) in order to construct a building,which will include a convenience store and bank branch and a gasoline filling station. Christine Sullivan moved to recommend approval to the City Council of the proposal to amend the Salem Zoning by-laws by rezoning the parcel located 319 Highland Avenue from Business Park Development to Business Highway (B2), seconded by Paul Durand and approved unanimously. Continuation of Public Hearing — Request for Waiver from Frontage Requirements — 88 Marlborough Road—Richard and Kathleen Theriault Atty. Scott Grover addressed the Board and stated that they have revised their plan to show the proposed driveway as requested by the Board. He reviewed the plans with the Board. He noted that the new plan is a better plan and once the applicants looked at it they felt that it was a much better solution. There being no further questions or comments regarding this matter a motion was made by Chuck Puleo to approve the Waiver from Frontage Requirements for 88 Marlborough Road subject to the condition that the driveway is built as proposed on the plan with the approval of the engineering department, seconded by Gene Collins and approved. Christine Sullivan moved to approve the Form A for 88 Marlborough Road, seconded by Paul Durand and approved unanimously. • Request to Continue Public Hearing—Site Plan Review and Wetlands Flood Hazard Special Permit— 289 Derby Street 2 • Atty. Scott Grover addressed the Board and requested a continuation of the Public Hearing to November 18, 2004. Christine Sullivan moved to continue the public hearing to November 18, 2004, seconded by Paul Durand and approved unanimously. Lynn Duncan informed the Board that a majority of the members present is all that was required for the vote taken on the zoning amendment earlier this evening regarding the proposal to amend the Salem Zoning By-Laws by deleting Section 5-2 (b) (2) regarding two family dwellings and replacing it with "Two Family Dwellings Attached", and therefore the motion carried. Continuation of Public Hearing — Form C — Definitive Subdivision and Cluster Residential Development and Wetland Special Permit—Dell Street—Bartlett and Steadman Development Corp. Chuck Puleo recused himself from discussion of this matter. Arty. Atkins addressed the Board and noted that Mr. Abend from Abend Associates is present this evening to answer any questions that the Board may have. Christine Sullivan noted that she mentioned at the last meeting that rush hour in Salem has been estimated in the past to be at 2:30 —3:00 in the afternoon and asked if they reviewed that estimate. Ivfr. Abend stated that the traffic study that she is referring to was done in 1999 and they looked at the Wilson Street intersection and there were 1,030 vehicles between 2-3 p.m. in 1999 and now there are 1,430 which is 40% higher. Christine Sullivan noted that the apartments at the Vincent Chip site should be taken into consideration when looking at the traffic figures. • Mr. Abend stated that they looked at Mr. Power's suggestion for an island round-about for the cul- de-sac, and it is not practical for the site. He explained that it would create a bump out and a neck down and explained the potential hazards of it. Jim McDowell of Eastern Land Survey addressed the Board and explained the redesign of the site, which reduces the number of lots from 28 to 23. He noted the changes on the plan and stated that they have considered the requests of the neighbors on Durkin Road. He also noted that a pocket park has been provided off of the Durkin Road extension. Mr. McDowell explained the plans to alleviate the flooding problems at the end of Freeman Road. He explained that debris builds up at the end of the pipe and they propose to build a shallow catch basin at the end of the pipe with a trash rack in the event that it gets plugged. He stated that they plan to install a catch basin to drain the water. Arty. Atkins stated that the maintenance areas for the development will be written into the homeowners' association regulations and a limited easement will be granted as well as general conservation restrictions and it will be recorded. Arty. Atkins stated that City Park and Recreation Director Doug Bollen was not enthusiastic about the proposed new property being donated to the city, but would rather see improvements made to the existing DiBiase Park such as a playground structure. Lynn Duncan stated that she will follow up on that with Doug Bollen. Atty.Atkins presented the construction traffic management plan for the development. • 3 • Christine Sullivan asked how many homes they could build by right in a regular subdivision and what percentage of the land is wetlands. She also requested the percentage of land that is designated as open space in relation to the wetlands. Atty. Atkins stated that there is a section of unconstructed road that the neighbors would like to see abandoned as was done with Parlee Street. Arty.Atkins stated that he does not think it can be legally abandoned,but the applicant is willing to give up his rights to the right of way. Walter Power opened the hearing up for public comment at this time. Christine Sullivan stated that she would like to have a site visit with the Board. The Board scheduled a site visit for November 20,2004 at 9:00 a.m. There being no further questions or comments regarding this matter a motion was made by Christine Sullivan to continue the public hearing to December 2, 2004, seconded by Paul Durand and approved. Continuation of Public Hearing—Site Plan Review— 2-5 Water Street— North River Development Trust Atty. George Atkins addressed the Board and reviewed the major changes that have been made to the plans following discussions with the Board. Dick Doherty of Hancock Engineering addressed the Board and reviewed the plans for the project. He stated that they have provided two catch basins and deep sumps with hoods and a velocity device • for the treatment of stormwater. He also noted that they are doing a camera inspection of the drainage system to the North Rivet to insure that the system is adequate and they will clean the pipe if necessary. Walter Power noted that sidewalks were discussed and that the Salvation Army site may be too tight for sidewalks. He noted that sidewalks may not be feasible on the northerly side of Water Street. Daniel Bolton of Maugel Architects addressed the Board and explained the renderings of the buildings. He explained the design of the buildings and the changes made at the suggestions of the Board. He noted that they made significant changes to the entrances along Water Street. Atty. Atkins stated that the engineering department needs to review the stormwater management plan. He asked if it were possible to get a draft decision at the next meeting. Walter Power opened the hearing up for public comment at this time. There was no one present who wished to speak on the matter. There being no further questions or comments regarding this matter a motion was made by Christine Sullivan to continue the public hearing to November 18, 2004, seconded by Paul Durand and approved. Approval of Minutes The minutes of the Planning Board meetings held on September 2, 2004, September 16, 2004, and . October 7, 2004 were presented for approval. Christine Sullivan moved approval as amended, seconded by Pam Lombardini and approved. 4 • 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 John Moustakis and approved. The meeting was adjourned at 10:15 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Planning Board PB110404 • 5 • CITY OF SALEM �IC�Ee c'S 6rf cE A r PLANNING BOARD IUOU OCT 19 A 8: 2U Notice of Meeting You are hereby notified that the Salem Planning Board will hold its regular meeting on Thursday, October 21, 2004, at 7:00 PM in Room 313, Third Floor at 120 Washington Street. Walter B. Power, 111 Chairman Tentative Agenda: 1. Public Hearing—Request for a Waiver from Frontage Requirements-88 Marlborough Road—Richard& Kathleen Theriault • 2. Form B—Preliminary Subdivision Plan—Osbome Hills—Marlborough Road— Osborne Hill Realty Trust 3. Continuation of Public Hearing—Form C–Definitive Subdivision & Cluster Residential Development & Wetland Special Permit-Dell Street—Bartlett & Steadman Development Corp. 4. Continuation of Public Hearing—Site Plan Review & Wetlands & Flood Hazard Special Permit-289 Derby Street-289 Derby Street Realty Trust 5. Approval of Minutes -April 15, 2004 -April 22, 2004 -June 17, 2004 -July 1, 2004 -September 2, 2004 -September 16, 2004 6. Old/New Business This notice posted on "Official Bulletin Board' City Hall Ave., Salem, tVlass. on OeT. i9, aooc� • at 8.'a Am in accordarwa with Ump. � , 23A & 23B of ga.G.L. 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 9 TEL: 978.745.9595 FAx: 978.740.0404 • WWW.SALEM.COM CD CITY OF SALEM PLANNING BOARD MEMORANDUM TO: Planning Board Members FROM: Valerie Gingrich Department of Planning & Community Development DATE: October 12, 2004 RE: Joint Public Hearing with City Council —October 21, 2004 The following is a brief description of the attached items, which will be before the board at the joint public hearing on October 21, 2004 at 6:OOPM in the City Council Chambers. Please contact me at the Department of Planning & Community Development at 978-745-9595, extension 311, if you have any questions. • 1. To see if the City will vote to amend the Salem Zoning By-Laws by adding a maximum height requirement of one and one half stories or eighteen feet to Section 7-8 regarding Accessory buildings and structures. This item would add a height requirement specific to accessory buildings and structures (carriage houses, garages, tool sheds, etc.). Currently, there is no height restriction specifically for accessory buildings and structures; the height requirements follow what is set out for each zoning district. For example, in the R1 district, the maximum height of buildings is 35 feet or 2 I/2 stories. 2. To see if the City will vote to amend the Salem Zoning By-Laws by deleting Section 5-2 (b) (2) regarding two family dwellings and replacing it with "Two family dwellings attached." This item refers to the permitted use, "Two-family dwellings, detached or attached," as it is written in the Zoning Ordinance under permitted uses in the R-2 district. The proposal would eliminate "detached" two family dwellings and allow only "attached" two family dwellings. 3. To see if the City will vote to amend the Salem Zoning By-Laws by rezoning the parcel located at 319 Highland Avenue from Business Park Development to Business Highway (B2). This parcel is located on the comer of Swampscott Road and Highland Avenue at 319 Highland. It is the current site of the Moose Lodge and Tony Lena's Sandwich Shop and it is currently zoned Business Park Development. The proposal is to extend the Business Highway district by rezoning • the 1.76-acre parcel to Business Highway (B-2) to construct a building, which will include a convenience store and bank branch, and a gasoline filling station. t 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 0 WWW.SALEM.COM 0 »�v CITY OF SALEM PLANNING BOARD MEMORANDUM TO: Planning Board Members FROM: Valerie Gingrich Department of Planning & Community Development DATE: October 12, 2004 RE: Agenda–October 21, 2004 The following is a brief description of the items, which are listed on the attached agenda. Please contact me at the Department of Planning & Community Development at 978-745-9595, extension 311, if you have any questions pertaining to the agenda items. Public Hearing—Request for a Waiver from Frontage Requirements-88 Marlborough Road— Richard &Kathleen Theriault This request for a waiver from frontage will subdivide the existing lot, located at 88 Marlborough Road into two new lots. The parcel is located in the RC district, which requires 200 feet for the lot width. Lot 1 is proposed to have an area of 10,981 square feet with 103.09 of frontage along Marlborough Road. Lot 2 is proposed to have an area of 13,763 square feet with 139.24 feet of frontage along Marlborough Road. The Zoning Board of Appeals granted a variance from lot size, lot width, front setback, side setback and rear setback to create a new lot for the property located at 88 Marlborough Road. The ZBA decision is included in this packet. Form B—Preliminary Subdivision Plan—Osborne Hills—Marlborough Road—Osborne Hill Realty Trust The board asked for more time to discuss the application. The board has to act within 45 days, so action is required at the next meeting (October 21'). Continuation of Public Hearing—Form C –Definitive Subdivision & Cluster Residential Development & Wetland Special Permit-Dell Street—Bartlett & Steadman Development Corp. This project includes the construction of Durkin Road Extension and associated utilities to service the construction of twenty-eight (28) single-family dwellings. Comments from the Meeting on October 7. 2004: • ■ The applicant stated that they will submit the list of responsibilities for the Homeowners Assocation (HOA). • Improvements to DiBiase Park were discussed 1 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 .TEL: 97Es.745.9595 FAX: 978.740.0404 ♦ WWW.SALEM.COM ■ The possibility of combining the parcel adjacent to the park with the park was discussed and • will be looked at in more detail • The board asked that the applicant make a note on the registered land parcel that states that it cannot be subdivided. ■ Drainage on Highland Avenue is being discussed with the City Engineer • A mix of housing types is preferred ■ The applicant agreed to consider widening the blasting survey area ■ The number of units will produce an increase in traffic • The number of illegal u-turns will increase Comments from the Meetingon n July 15, 2004: ■ The locus plan that was submitted is inadequate • Mooney Road should be considered when looking at traffic improvements ■ Restrictive covenants should be established which do not allow boats, campers, etc. ■ The applicant should look at abandoning the streets that will not be used. • A site visit will be necessary • All state laws must be followed when blasting ■ The traffic study should look at another lane on Highland Avenue for turnoffs ■ Stormwater management is a big concern Continuation of Public Hearing—Site Plan Review & Wetlands & Flood Hazard Special Permit-289 Derby Street-289 Derby Street Realty Trust The proposed project for the Coastal Gas Station site includes the construction of a six-story 70,225 • square foot mixed-use building with 38 residential units and 2,200 square feet of commercial space on the ground floor. The project also includes the construction of a sub-surface parking facility with 57 parking spaces. Comments from the Meeting on September 16, 2004: ■ A gate for the residential parking should be considered. ■ A warning device and signage should be installed to warn pedestrians of traffic entering and existing the site. • Green building methods should be considered ■ Construction vehicles should be parked in the South Harbor Garage. ■ A construction schedule should be submitted to the police department and the engineering department prior to construction Comments from the meeting on September 2, 2004: ■ The plans submitted should be stamped by a professional registered engineer. ■ Can the underground parking within 100 feet of the river be private? ■ The engineering for the underground parking should be submitted for review ■ The construction management plan should include a description of the fill that will be removed from the site should be submitted ■ The applicant shall submit a traffic study for review 40, 2 • Salem Planning Board Minutes of Meeting Thursday,October 21, 2004 A regular meeting of the Salem Planning Board was held on Thursday, October 21, 2004 in the third floor conference room at 120 Washington Street, Salem,Massachusetts at 7:00 p.m. Those present were: Chairman Walter Power, Ellen DiGeronimo, John Moustakis Gene Collins, David Weiner, Chuck Puleo, Paul Durand and Christine Sullivan. Also present were City Planner Lynn Duncan,Staff Assistant Valerie Gingrich,and Eileen Sacco, Clerk. Public Hearing — Request for a Waiver from Frontage Requirements — 88 Marlborough Road — Richard and Kathleen Theriault Atty. Scott Grover addressed the Board and presented a Waiver from Frontage Application on behalf of Richard and Kathleen Theriault of 88 Marlborough Road. Arty. Grover stated that the applicants received a variance from the Board of Appeal in May. He explained the zoning for the area, which is R1 and RC and noted that the variance was granted to allow the subdivision of the existing property. He explained that they intend to construct a new house on the property. He also noted that there is more than adequate frontage under R1 zoning. David Weiner asked how many driveways are planned for the house. Arty. Grover explained the current circular driveway and explained the plans for the driveway for the new house. . John Moustakis asked if the zoning on either side of lots one and two are all RC. Arty. Grover explained the plan. Christine Sullivan expressed concern about another driveway on Marlborough Road. Chuck Puleo noted that the grade is high and suggested that the board should condition it. He also stated that they should get their utilities installed since the repaving of Marlborough Road is taking place now and he would hate to see them have to open the street up after the paving is complete. Walter Power noted that the Planning Board has been trying to address the traffic situation on Marlborough Road and have been requesting applicants provide a turn around on the property with additional parking for visitors, to keep from having to back out on to Marlborough Road. He requested that they show the driveway on the plan and suggested a hammerhead turnaround. Atty. Grover noted that a similar situation occurred a couple of weeks ago and it was handled by conditioning the approval of the plan. Walter Power stated that he would like to make a condition that the driveway be constructed with a turnaround with sufficient space for vehicles to turn around and an additional space for visitors to park. Paul Durand stated that he would like to see a plan with the driveways on it and suggested that he would be more comfortable approving the plan with the driveways shown. Atty. Grover stated that he understood the concerns of the Board. 1 • John Moustakis noted that in all fairness to the Board of Appeals they do not get into traffic in the depth that the Planning Board does and they may have approved the variance but it is on the Planning Board to determine traffic impact. Walter Power opened the hearing up for public comment at this time. Linda Tremblay addressed the Board and questioned if the land has been surveyed. Arty. Grover stated that it has been surveyed and the abutters do not have a problem with it. There being no further questions or comments regarding this matter a motion was made by John Moustakis to continue the matter to November 4, 2004,seconded by Chuck Puleo and approved. Form B — Preliminary Subdivision Plan — Osborne Hills — Marlborough Road — Osborne Hills Really Trust City Planner Lynn Duncan addressed the Board and stated that at the request of Chairman Walter Power she has arranged a presentation on Cluster Residential Development with Kathy Leahy of Massachusetts Audubon Society. She stated that she would like to have the public involved in this as well and suggested that she could come on November 4, 2004. Councilor Leonard O'Leary addressed the Board and requested that a cluster development not be considered by the Board for the land off Highland Avenue. He stated that it should be considered R1 and the lots should be 15,000 s.f. He also noted that his colleagues on the City Council agree with him. Walter Power stated that the Board wants more information on cluster developments and it does not want to waste any time on reviewing a project until they are more informed. • Councilor Arthur Sargent addressed the Board and stated that there are wetlands and ledge out there. He also noted that a cluster development would be a windfall profit for the developer on land that is not buildable. He explained that the developer paid less for the land because of the condition of it. Christine Sullivan stated that she does not have a preference at this time but would like more information about what a cluster development is and share that with the community. She encouraged people to join the Board for the presentation and become more informed on the process. Walter Power requested that members of the Board of Appeal and the Conservation Commission be invited to the presentation as well. Christine Sullivan requested that the neighbors that abut both developments proposed be invited to attend as well. Arty. Brian McGrail addressed the Board and explained that they have submitted this plan again to protect the zoning for the area. He explained that at the last meeting regarding this project,a duster plan was suggested by the Planning Board and they agreed to look at that. Chris Mello addressed the Board and stated that they filed another preliminary plan with the Board at his request,as he needed more time to complete the definitive plans. He estimated that they are 2 '/x weeks away from completion of the plans. He explained that they estimate that there will be 149 lots, 87 in R1, 59 in RC. He stated that they have 161 acres and 96 acres will be open space. He also noted that there is an enormous amount of resource area on the site and they have delineated • the wetlands with the Salem Conservation Commission. He showed the Board a sample sheet with a topographic map that showed the locations of the homes. He stated that there is no reason that 2 • the Board has to act on this, they simply filed the Form B to freeze the zoning of the parcel. He stated that in two weeks the definitive plan would be completed and filed with the Board. Councilor O'Leary stated that he asked for a plan that shows the wetlands. Chris Mello stated that the resource area is depicted on the preliminary plan. Walter Power stated that he wants to check to see that all of the lots proposed are usable lots. Lynn Duncan stated the Board would like to know how many lots they could build with a conventional plan, noting that there are some additional lots in a cluster development that would not be allowed in a conventional development. She noted that the Board needs to consider the pluses and minuses of what is proposed. Councilor Jean Pelletier addressed the Board and asked if the Board has considered an engineering study of the land to make sure the utility systems can withstand additional development. He suggested that the developer pay mitigation money to fund the study. David Weiner expressed his concerns about traffic and asked if a traffic study was done. Chris Mello stated that the traffic study is being worked on at the present time. He also stated that the traffic study would include Peabody. John Moustakis asked if the traffic study was going to include all of the new developments in the area and the effect they will have on traffic. Chris Mello stated that the traffic engineer is the same as for the Dell Street project. Arty. McGrail stated that they will file the plans for the cluster development and the information requested by the Board will be included in that filing. • Walter Power opened the hearing up for public comment at this time. Pam Caseris of Durkin Road addressed the Board and expressed her concerns about the addition of 75 more homes and the effect of traffic on Highland Avenue. She stated that the Board needs to send a clear message about what their mission is. Lynn Duncan explained that the Planning Board could have a consultant to do a peer review of the traffic study that is submitted at the expense of the developer. She explained that the developer would pay the city and the city would hire their own consultant. John Moustakis stated that he would lie the traffic study in a timely manner to allow the Board time to review and discuss it in advance. Ann Jacoym of Seemore Street addressed the Board and expressed her concerns about the scope of the traffic study. She questioned when the last comprehensive study was done and if we have a baseline of data to compare a new study to. Councilor Joan Lovely addressed the Board and noted that this property was once a super fund site and that information should be disclosed to the potential buyers. Chris Mello stated that the final remediation of the property has been completed and the property has been released from the federal government. Councilor O'Leary stated that the lots were mentioned at the last meeting and he does not believe that the lots on the super fund site are certified to be built on. He asked that the developer provide • proof of that. 3 Councilor Kevin Harvey addressed the Board and complimented the Board on their work. He stated that he has concerns about water pressure and suggested that the Board and the Conservation Commission look into requiring a water tower for the site. There being no further questions or comments regarding this matter a motion was made by Paul Durand to table the matter, seconded by Christine Sullivan and approved. Continuation of Public Hearing — Form C — Definitive Subdivision & Cluster Residential Development&Wetland Special Permit—Dell Street Bartlett and Steadman Development Corp. Chuck Puleo recused himself from discussion of this matter. Arty. George Atkins addressed the Board and stated that they have their traffic consultant present this evening to review their traffic study. Michael Abend, of Abend Associates, addressed the Board and presented the traffic study. Christine Sullivan expressed her concern that she has not seen the traffic study until this evening. Arty. Atkins stated that the Planning Department had the traffic study a week ago and the Board members should have received it. City Planner Lynn Duncan stated that she did not know that the traffic study had been received and Valerie Gingrich was out sick last week. She apologized to the Board for the oversight. John Moustakis addressed the Board and stated that he wants to see a comprehensive study of the traffic in that area that includes the future development of other property in the area as well as this site. • Atty. Atkins stated that they intentionally used the same traffic consultant as Mr. DiBiase so they would get a clear picture of what the traffic is estimated to be. Mr. Abend addressed the Board and stated that he did the traffic study in Salem was for the Witchcraft Heights School renovation project and the Carlton School project. He stated that it is important to realize that the purpose of a traffic study is to tell what the impact will be on the area and it is difficult to project what will happen with future projects that are not fully developed. He suggested that it may be practical to ask for a study of the traffic signals on Highland Avenue. He also noted that there are problems with traffic out there that are not related to development. Mr. Abend explained that they are proposing 28 homes off Durkin Road with single access off Highland Avenue at Mooney Road. He noted that people now make illegal U turns at Freeman Road to change direction on Highland Avenue. He also noted that there would be no significant impact on traffic with the addition of 28 homes. He explained their traffic data and traffic counts to the Board. Walter Power suggested that they consider an island with a cul-de-sac at the entrance. Christine Sullivan addressed the Board and noted that she recalls a downtown traffic study that was done years ago that indicated that rush hour in Salem is really at 2:30-3:00 p.m. and suggested that they take a look at traffic at those times. Lynn Duncan stated that she would take a look at the downtown traffic study. Lynn Duncan stated that Mr. Power's suggestion for the island with a cul-de-sac may not work in • this location. She explained that she had a situation in Wilmington where they did that with a large 4 • subdivision and she cautioned against it. She did note that it is worth taking a look at but they did not have much success with it in Wilmington. David Weiner stated that he did not hear anything in the traffic report about construction traffic and he is concerned about that. Arty. Atkins stated that they would be addressed construction traffic and delivery procedures etc. Arty. Atkins stated that in response to discussions with the residents of Durkin Road Mr. Steadman has looked at the plan and offered to donate the parcel adjacent to DiBiase Park to the City to add to the park. He also noted that when he looked at the plan he decided that he could economically reduce the number of lots from 28 to 23 and one of the lots near the Durkin Road cul de sac may be a good lot to donate for a pocket park. He noted that they are still looking at that and they will come back with more details on that at a future meeting. Arty. Atkins stated that they looked at the drainage downstream. He stated that Mr. Steadman looked at the outfall pipe,which is a large pipe with bars across it and trash tends to get caught up there causing an overflow. He stated that Mr. Steadman has suggested that he could install a T-Box that would allow another route for water flow. He stated that it may not be a solution to the problems in that area but it will help. Arty. Atkins stated that they will have further discussions with the Gallows Hill Road residents on the trails. Walter Power opened the hearing up for public comment at this time. • Karen Moran addressed the Board and expressed her concerns about the water problems on Mooney Road. Councilor O'Leary addressed the Board and stated that Mr. Steadman bought the land at a good price from the city at public auction. He reviewed the history of the property and stated that he did not feel that a cluster development was good for that area. He stated that he would Wee to see it remain R1 with no open space. Walter Power stated that the wildlife in the area needs to be considered and the open space would not be as disruptive. He also noted that the open land as required by zoning would be owned by the homeowners association. Councilor Kevin Harvey addressed the Board and stated that he feels that there are quality of life issues here. He noted that there is wildlife out there and it is unfortunate that the land was even sold. He stated that the rights of the constituents should be protected in this process. John Moustakis addressed the Board and stated that he feels that the city council should request a traffic study that will be paid for by the developer. Lynn Duncan stated that before the Board can request contributions from the developer a scope of work needs to be determined. Councilor Harvey suggested that the cost be prorated among the developers based on the portion of the impact. Ellen DiGeronimo stated that she suggested at the last meeting that the state should be involved in this since Highland Avenue is a state road, noting that there may be more things that can be done up there. 5 • There being no further questions or comments regarding this matter a motion was made by John Moustakis to continue the matter to November 4,2004, seconded by Chuck Puleo and approved. Approval of Minutes The m nutes of the Planning Board meetings held on April 15, 2004, April 22, 2004,June 17, 2004 and July 1, 2004 were presented for approval. Christine Sullivan moved approval as amended, seconded by Paul Durand and approved. 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)ohn Moustakis and approved. The meeting was adjourned at 10:30 p.m. Respectfully subm tied by: Eileen M. Sacco,Clerk Salem Planning Board PB102104 • • 6 CITY OF SALEM ,, PLANNING BOARD f ��F s Notice of Meeting y F� 4 You are hereby notified that the Salem Planning Board will hold its regular meeting on Thursda October 7, 2004, at 7:00 PM in Room 313,Third Floor at 120 Washington Street. Walter B. Power, III Chairman Tentative Agenda: 1. Form A-17 Patton Road & 37 Moffatt Road—Anthony Carnavale 2. Form B—Preliminary Subdivision Plan—Osborne Hills—Marlborough Road— Osborne Hill Realty Trust 3. Continuation of Public Hearing—Form C–Definitive Subdivision & Cluster Residential Development & Wetland Special Permit-Dell Street—Bartlett & Steadman Development Corp. 4. Continuation of Public Hearing—Site Plan Review & Wetlands & Flood Hazard Special Permit-289 Derby Street-289 Derby Street Realty Trust 5. Continuation of Public Hearing—Site Plan Review-2 & 5 Waters Street—North River Redevelopment Trust 6. Continuation of Public Hearing—Wetlands & Flood Hazard Special Permit Technology Way—Norman Dube 7. Approval of Minutes -April 15, 2004 -April 22, 2004 -June 17, 2004 Thos r#Wce posted on "Official Bulleft Board" -July 1, 2004 City Hall Ave,, SslOm, Mass. on OCT 0 5 �Wl September 2, 2004 8t p f fJ/f� in ;3cc.Ordarao With Chep. ' 2V & 2B oM;G.LI 8. Old/New Business 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 • WWW.SALEM.COM C �v� m CITY OF SALEM PLANNING BOARD MEMORANDUM TO: Planning Board Members FROM: Valerie Gingrich Department of Planning & Community Development DATE: September 30, 2004 RE: Agenda–October 7, 2004 The following is a brief description of the items, which are listed on the attached agenda. Please contact me at the Department of Planning & Community Development at 978-745-9595, extension 311, if you have any questions pertaining to the agenda items. Form A-17 Patton Road & 37 Moffatt Road—Anthony Camavale • This Form A will convey a portion of the property at 17 Patton Road to the property at 27 Moffatt Road. The 1,501 square foot portion (lot 199-B) will be added to the existing lot 129 to make a total of 8,413 square feet for lot 129. Lot 199-A on Patton Road will have an area of 13,597 square feet after lot 199-B is conveyed. The Zoning Board of Appeals granted a variance from lot size for the property at 17 Patton Road (Lot 199-A). The ZBA decision is included in this packet. The frontage of each parcel will not be changed by this Form A plan and the plan is appropriate for the board's signature. Form B—Preliminary Subdivision Plan—Osbome Hills—Marlborough Road—Osbome Hill Realty Trust The enclosed plan is the same as the traditional plan that was originally submitted to the Planning Board. That original submission of the preliminary plan froze the zoning of the parcel for seven months. Within those seven months, a definitive plan or a cluster special permit had to be filed. Because neither plans have been filed, the applicant is refilling the preliminary plan. A conventional subdivision plan has been submitted, but the applicant has indicated that he will present the cluster plan that the board previously approved at the meeting. Continuation of Public Hearing—Form C–Definitive Subdivision & Cluster Residential Development & Wetland Special Permit-Dell Street—Bartlett & Steadman Development.Corp. This project includes the construction of Durkin Road Extension and associated utilities to service the • construction of twenty-eight (28) single-family dwellings. Comments from the Meetingon n July 15, 2004: t 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM • The locus plan that was submitted is inadequate • Mooney Road should be considered when looking at traffic improvements • Restrictive covenants should be established which do not allow boats, campers, etc. ■ The applicant should look at abandoning the streets that will not be used. ■ A site visit will be necessary • All state laws must be followed when blasting ■ The traffic study should look at another lane on Highland Avenue for turnoffs Stormwater management is a big concern Continuation of Public Hearing—Site Plan Review & Wetlands & Flood Hazard Special Permit-289 Derby Street-289 Derby Street Realty Trust The proposed project for the Coastal Gas Station site includes the construction of a six-story 70,225 square foot mixed-use building with 38 residential units and 2,200 square feet of commercial space on the ground floor. The project also includes the construction of a sub-surface parking facility with 57 parking spaces. Comments from the Meeting on September 16, 2004: ■ A gate for the residential parking should be considered. ■ A warning device and signage should be installed to warn pedestrians of traffic entering and existing the site. ■ Green building methods should be considered ■ Construction vehicles should be parked in the South Harbor Garage. ■ A construction schedule should be submitted to the police department and the engineering • department prior to construction Comments from the meetingon n September 2, 2004: ■ The plans submitted should be stamped by a professional registered engineer. • Can the underground parking within 100 feet of the river be private? ■ The engineering for the underground parking should be submitted for review • The construction management plan should include a description of the fill that will be removed from the site should be submitted • The applicant shall submit a traffic study for review Continuation of Public Hearing—Site Plan Review-2 & 5 Waters Street—North River Redevelopment Trust The proposed project includes the construction of fourteen (14) garden type residential condominium townhouse units at 2-5 Waters Street, with the structures having a total of 27,720 square feet. The site is located off of Mason Street between Waters Street and Buffum Street and adjacent to the Salvation Army site. The site is currently home to an old industrial building. The project includes the construction of four units at 5 Waters Street, which is zoned B 1, and the construction of ten (10) units at 2 Waters Street, which is zoned Industrial. Updated Information: Since the last meeting, the applicant met with the City Engineer and the applicant will be incorporating • the comments into the plans. Comments from the Meetingon n September 16. 2004: 2 ■ The site is too crowded to include adequate site items. • Comments from the Meeting on September 2, 2004: ■ Snow storage should be shown on the plans ■ The board agreed that access to the canal is important ■ The existing storm drain to the North River should be inspected ■ An oil/water separator should be installed in the drainage system • Sidewalks should be added to the plans ■ A Construction Management plan should be submitted for review Continuation of Public Hearing—Wetlands & Flood Hazard Special Permit-4 Technology Way—Norman Dube The proposed project includes the construction of a 9,900 square foot office and storage building at 4 Technology Way. • 3 Salem Planning Board Minutes of Meeting Thursday, October 7, 2004 A regular meeting of the Salem Planning Board was held on Thursday, October 7, 2004 in the third floor conference room at 120 Washington Street,Salem,Massachusetts at 7:00 p.m. Those present were: Chairman Walter Power, Ellen DIGerOnim0, Paul Durand, John Moustakis Gene Collins, Pam Lombardini, Chuck Puleo, David Weiner and Christine Sullivan. Also present were Staff Assistant Valerie Gingrich, and Eileen Sacco, Clerk. Form A- 17 Patton Road& 37 Moffatt Road—Anthony Carnavale Cady Goldfield of 37 Moffatt Road addressed the Board and explained the Form A plan. She stated that she is representing Mr. Carnavale who lives at 17 Patton Road. She explained that this is a transfer of a small piece of land, about 1500 s.f, which is 20 feet deep and 60 feet wide. She stated that this is drainage easement and is not buildable. She stated that the property at 37 Moffatt Road is about 80 years old and they realized that the piece of land did not go with her property, and they agreed to transfer the property to her so that it actually belongs to her. She noted that there would be no significant change to either plot and there will be no further development. She explained that Mr. DiBiase had to get the easement to prevent further drainage problems in the area when he developed his property. Walter Power stated that he thought there was a drainage pipe on the site. Mrs. Goldfield stated • that there is no pipe and stated that it was just designated that nothing would be built there. Walter Power stated that he recalled that the Planning Board asked for a drainage ditch put in to drain the water off. John Moustakis agreed that it was in the plan. Mrs. Goldfield stated that she has lived there for ten years and she has not seen any pipe put in there. Walter Power recalled that the Board held a site visit and the neighbors complained about flooding problems, which prompted the Planning Board to request a drainage ditch to assist with the flooding problems. He requested that Valerie Gingrich look at the plans and see what was approved and report to the Board at the next meeting. Mrs. Goldfield stated that she has had some flooding since she has lived there but she can't say it is from the new development. There being no further questions or comments regarding this matter a motion was made by Ellen DiGerorumo to approve the Form A for 17 Patton Road and 37 Moffatt Road, seconded by Pain Lombardini and approved. Christine Sullivan requested that if the Planning Department finds that there should have been pipes installed in the drainage ditch, that someone go up and take a look before they do a frill inspection of the site. Form B- Preliminary Subdivision Plan—Osborne Hills - Osborne Hills Realty Trust—Marlborough Road Atty. Brian McGrail addressed the Board,and stated that the Board has a preliminary plan before them tonight and noted that in February the Board looked at the plan and made suggestions on the • plan and expressed an interest in a cluster plan. Since that time they have diligently pursued the preparation of the plans and have met with various department heads from the City of Salem and the • City of Peabody. He stated that it has taken a significant amount of time to prepare a definitive filing to be presented to the Board. He stated that they are probably a month or a month and a half away from having those plans to present. He also explained the regulations and stated that his clients zoning would be effected when the preliminary plan is filed because there is a seven month freeze that goes into effect. He also noted that the definitive plan that they are preparing is going to be a cluster subdivision as the Board requested. He asked that the Board would understand that his client needs to protect their other options should they not get approval for their cluster plan. He stated that they would entertain a decision based on the last decision with the strong recommendation of a cluster with the same conditions and they Will'file a definitive plan within the nest month or month and a half. Ellen DiGcronimo noted that the Board asked fora rather extensive traffic study and asked if it has been submitted. Arty. McGrail stated that all of the studies are being worked on and would be submitted with the filing. John Moustakis noted that the Board requested an independent traffic study to be paid for by the developers because there are a couple of projects going on in that area. He stressed that he wants a comprehensive traffic study done in that whole area. Lynn Duncan stated that there was a proposed scope of services that Abend and Associates submitted and she knows it was shared with the Planning Board and comments were sent back to Abend for the traffic study for the definitive filing. She recommended and noted that it was in the decision for the preliminary plan that this is a traffic consultant that is doing work for Mr. DiBiase and that a peer review of the traffic study that would then be conducted by a consultant for the city and paid for by the developer. She noted that this is a standard practice. John Moustakis asked what the scope of the traffic study was. Ms. Duncan stated that it was • reviewed by the Planning Board and other members concurred. She stated that she would get a copy of it for Mr. Moustakis. Christine Sullivan asked how the Board would know that the consultant adopted the recommendations of the Planning Board. Ms. Duncan reviewed the process of a peer review with the Planning Board. John Moustakis requested that whoever reviews the traffic study be present at the Planning Board meeting when it is reviewed. Atty. McGrail suggested that the Planning Board review the filing when it is filed and determine at that time if they need a peer review of the traffic study. Ellen DiGeronimo stated that the Board has heard so many people talk about flooding and problems and suggested that there must be a way for them to determine if the pipes are in working order whether it be with a camera or some other means. Walter Power agreed that the Board should make sure that gets done, and noted that the Board has seen a lot of that in that area. Valerie Gingrich stated that the Engineering Department has been requesting that on several of the past projects and we could do that on this project as well and require a camera to video tape the drain lines and that can be requested when they submit. Christine Sullivan asked if the wetlands are shown on the preliminary plan. She stated that she needs to know the impact and how many houses can be built on the site given the locations of the wetlands. Gene Collins explained that they have to delineate the wetlands for their filing. Arty. McGrail stated that they filed with the Conservation Commission for a wetlands delineation and it was approved and they will be preparing their cluster plan based on that delineation. Walter Power stated that there are a lot of wedands in that area and suggested that they overlay the • wetlands on the plans that they submit. Atty. McGrail stated that the regulations dictate what needs 2 • to be on the plan and they will put whatever is in the regulations has to be on the plan or they have to request a waiver. Lynn Duncan stated that the wetlands are delineated I on the plan but they are not very clear, and there is probably too much information on the plan. Christine Sullivan stated that she wants to see a plan that shows the location of the houses and the wetlands and the buffer zone so she can see exactly where there they will be in relation to the wetlands. Walter Power agreed and noted that it is difficult to tell if the line on the plan shows the wetland or the buffer zone. He stated that lie would like to see the 100 foot contour line on the plans. He stated that it is very hard to see where the watershed is and how the flow of the water is going to be. Arty. McGrail stated that they understood the concern and they would address that for the definitive filing. Paul Durand stated that he felt that there is a lot of wetlands on the site and explained that die idea of the cluster development is to maintain land for open space for public use and he did not think that wetlands is considered public use. He stated that we need to trade density for open use and that is why they need the delineation to determine which form of subdivision would be appropriate. Walter Power stated that they have to leave 20% for open space. Lynn Duncan stated that the engineer needs to come back with a simple plan that shows the homes and the road and the wetlands so that a comparison can be done with an ultimate cluster plan. She also stated that the Attorney mentioned that there was.a project review meeting with department heads and the message to the developer was that if they are focusing on the cluster development to focus on the open space and to took at how that open space would be a benefit to the community • and how it might be accessed, where the trails could be,put in, what is being protected and what is being preserved for public use that would not be if there were a cluster as opposed to just looking at where the homes are going and just leaving whatever is left for open space, so the focus should really be on the open space and what is the best area for open space. Walter Power stated that the Board asked how many additional units they planned for the RC area and noted that he did not think that was delineated on the plan. Arty. McGrail stated that it was shown on the supplemental cluster plan and that it is the direction they are going in. Walter Power noted that the Board would like to see what that might be to get an idea of what the area will be in the future. He stated that it looks like they are planning to built along the boundary and they can't get to the road. He stated that even though they are not going to build those units right now the board needs to see what the arca will look Eke. Atty. McGrail stated that they would be submitting that with the definitive plan and noted that the Board was clear on that. Chuck Puleo recalled that Chris Mello had a plan that showed all of that information on the plan that the Board asked for including all of the build,out for all of the land. He noted that this plan looks Eke the first plan that the board saw. Arty. McGrail stated that this is the first plan that the presented and noted that because of the protection that they are afforded by filing this plan that bylaws and regulations cannot change and the seven months was,not enough time to complete all of it so they essentially refiled their preliminary plan, and the plan that showed the cluster is the plan that will be Filed as the definitive plan in a month or so. Lynn Duncan explained that the developer is looking for an approval of this prelitninary plan so that they can lock in the seven-month time frame. She explained that the Planning Board has to act in 45 days. Walter Power suggested that the Board wait two weeks to take action and have some time to • get some questions answered. 3 • Ellen DiGeronimo moved to continue the matter to October 21, 2004, seconded by John Moustakis and approved. Councillor O'Leary addressed the Board and'noted that there are some neighbors who have water problems in that area and expressed concern about that. 'Walter Power asked Councillor O'Leary to submit a fist of those concerns to Valerie Gingrich for the Planning Board to review. Arty. McGrail addressed the Board and explained that their intent in this process is almost like a re do and noted that the process for a cluster development is a special permit process in addition to the subdivision approval and explained that it is a different standard and it is their intent to go forward with the cluster plan. He stated that if something went astray with the cluster plan, his client needs to protect his rights to file for a conventional plan and he can do that within the seven months. Christine Sullivan stated that in order for the Board to make the best decision they would need to see the conventional plan in addition to the cluster plan so that they can see what the best plan is. Paul Durand suggested that they submit something in color that shows the whole area. Councillor O'Leary addressed the Board and;;rated that he never saw the Cluster Development plan. Arty. McGrail stated that it was submitted to the Board-in April as requested and it is on file and public record. Continuation of Public Hearing —Form C — Definitive Subdivision & Cluster Residential Development and Wetland Special Permit — Dell Street — Bartlett and Steadman Development Corporation • Chuck Puleo recused himself from discussion.and participation in this matter. Arty. George Atkins addressed the Board representing Ken Steadman in this project. He recalled that when the matter was fust brought before the board the engineer was unable to attend the meeting and he is here this evening. He noted that they are proposing a cluster development and Jim McDowell will be reviewing the technical aspects of the project. He noted that since the last meeting they have been able to meet with the city engineer and as a result they have a revised plan. He also noted that the Board requested a traffic study and they engaged Michael Abend to do a traffic study, which will be available next week and he will submit them to the Board for review prior to the next meeting. He reviewed the information submitted in August and explained that the parcel was once owned by the city and sold at public auctioniand purchased by his client. He explained he also owns some other parcels in the area as well. Arty. Atkins also noted that they submitted plans to the Conservation Commission to delineate the wetlands and they have been approved. He also noted that there were a number of neighbors at that meeting and they learned quite a bit about their concerns. He noted that one of the things that was clear was that they did not want a drive through that would go out to Marlborough Road and the result is that this plan has been designed to avoid that. He also noted that there was a desire to show the abandonment of Parlee Street and the plans have been revised to show that as well. Atty. Atkins also noted that another issue was the maintenance of open land, and noted that they have a simple plan as the result of Christine Sullivan's comments at the last meeting and explained the plan. He reviewed the open space on the plan. • tatty. Atkins stated that a question raised at tine last hearing regarding the number of cluster lots has been addressed and explained that is 28 lots. He also noted that there is a parcel that is a parcel of n: 4 • right that meets all of the requirements to build and is not part of the cluster. He noted that the idea of the cluster and the reason for this approach is that it allows for a trade off of more density, more units for open land under a formula that is outlined specifically in the zoning ordinance. He explained that they have created a project that has natural buffers and explained them on the plan. He explained that the 28 units are in the middle of the buffer areas. He stated that the total lot area involved is 11.94 acres and 20% of the land must be open area, which is 2.39 acres based upon the 11.94 acres. FIe also noted that zoning requires that no more than 50% of the 20%can be comprised of wetlands or slope lands. He stated that they are proposing open area of 4.37 acres,which is about 30%-40%. He stated that that the zoning ordinance does not have a standard for what slope land and explained that some of the trails have been used by the neighbors a traced the route on the plan. He explained that there are some other possibilities for additional paths and there are some issues that may have to be addressed with the Conservation Commission. Atty. Atkins explained that they will be forming a home owners association, similar to a condo association that will be responsible for the maintenance of the open space, so that Mr. Steadman would construct it and the owners would maintain it. He also noted that the city engineer is also concerned about the maintenance of some other facilities within the development, the drainage system and the sewer system, and they would Wee that maintained by the home owners as well. Ile stated that he will draft a fist of home owners association responsibilities for the Planning Board. Atty. Atkins stated that Mr. Steadman has been meeting with a group of neighbors form the Durkin Road area and they are concerned about the cul de sac and the reconstruction of it. He explained that they think that easements were granted and they are proposing to arrange for a release of those easement and construct a straight road and give the neighbors back their land. Arty. Aktins also explained that the neighbors have some concerns about the number of units and I*. Steadman is • going to take a look at that in regards to economics etc. and see if it is possible to reduce it further from 28 units. He also stated that they are willing to pursue incorporating improvements to DiBiase Park into the project. He also noted that the neighbors would Eke some kind of park area near Durkin Road,and they will take a look at that., Atty. Atkins explained the plans and the concerns of the board and the neighbors. He asked Jim McDowell to explain the drainage plans— Jim McDowell of Eastern Land Survey addressed the Board and stated that they met with Bruce Thibodeau and Joe Nerden and they have given them input and guidance which they have incorporated into the plan. He expl-,ned theiroute for the water and the sewer system on the plan. He explained the types of sewer system they propose to use. He noted that there is an alarm system for the homeowner if there is a system failure. Mr. McDowell explained the stormwater management plan for the project. He noted that DEP stormwater management mandates several things with regards to water quality and quantity. He explained that the total suspended solids must be 80% and catch basins have to have oil traps to prevent getting into the wetlands. He also noted that DEP required that there shall be no runoff increase. He also noted that in the early phases of the project they discussed alternatives for stormwater detention with the Board of Health and offered to build an expensive system to avoid it being built on the ground. He stated that.they are proposing fairly substantial underground storage pipes four feet in diameter and the runoff will be collected in the various catch basins, and piped underground to a water quality treatment device and the out flow will be distributed by a large manifold into each of the pipes and the water will flow out of the pipes through a manhole to a hydro break which will dramatically slow the flow of the,water. He stated that the discharge to the • wetland will be slightly less in all storms. He explained that they have estimated all types of storms. He stated that it would be an open relatively flat area, which could also serve as a play area with .. 5 • proper drainage. He noted that this would eliminate potential health hazards in the area and is better than a detention pond. He also noted that this is significantly more expensive than a detention pond. Ellen DiGeronimo asked to have the location of the Field pointed out on the plan in relation to the trails. Mr. McDowell located it on the plan. Arty. Atkins stated that Mr. Steadman built'a home on Mooney Road. He noted that the area will require blasting. He noted that Mr. Steadman will do the blasting himself and will be available to the neighbors. Fic also noted that he will be doing pre blast surveys for the neighbors. He also noted that the Durkin Road neighbors were interested in the types of homes that would be built on the site and noted that the value of the homes could sell for as much as $400,000. He also noted that each would have garages for parking and they will continue to look at comments made by die neighbors to make the project better. Ellen DiGeronimo stated that she is intrigued by the homeowners association in this type of development and asked if we have anything like that in Salem now. Arty. Atkins stated that he did no know of one, but noted that there are a number of condo associations, which are similar in many ways. He explained that it will be a separate entity and the homeowners will be required to contribute to it. He also noted that there are mechanisms built into those associations to enforce participation. He also suggested that the Board could make it a condition to allow the city to enforce the maintenance as well. Christine Sullivan questioned that if someon6goes away and the sewer pump breaks would it affect the neighbors. Jim McDowell explained'that they are separate and would not effect the neighbors. He stated that the only inconvenience would be a little muddy water or loss of water if the water is • shut off to repair it. John Moustakis asked what kind of vegetation will be in the buffer zone and who is going to maintain it. Jim McDowell explained the vegetation that is there now. Walter Power noted that they show a buffer on the plan behind the houses on the right hand side and asked wide itis. Mr. McDowell stated that it is 30 feet wide. Walter Power noted that it would be wide enough if the trail went down that way. Mr: McDowell stated that they could use some privacy landscaping inside the lots.Walter Power noted that they have been careful not to disturb the paper street. Arty.Atkins explained that it is a legal question because of registered land and the entire roadway system is a registered land roadway system. He explained that all of the people along that system have rights along the road and to extinguish that is next to impossible. That is why they chose to leave it undeveloped. Walter Power noted that someone could come in and reconstruct that road in the future. Arty.Atkins stated that it can't happen since they own both sides. Walter Power noted that near the playground could be in question. Arty. Atkins stated that they may have some rights in that area but he would have to checks Walter Power noted that there is a buildable lot on the other end that looks quite large. Mr. McDowell stated that it exceeds the requirements for building and it is buildable lot unconnected to the cluster. Atry. Atkins stated that if the Board desires they could note that on the plan. Christine Sullivan noted the paper street on the plan,:and asked what it was going to be. Walter Power stated it would be open land. Mr. McDowell and Arty. Atkins explained the legalities of the site. • 6 • Mr. McDowell explained the discharge on the site. Walter Power asked if there were any restrictions downstream. Mr. McDowell reported that there are some reported restrictions on Highland Avenue and]oe Nerden was going to look into it and see if it was something that could be easily fixed. Walter Power opened the hearing up for public comment at this time. Mr. Salero of Geneva Street addressed the Board and stated that he was once an abutter of this area and he is interested in this. He noted a hilly area on the plan and gave the Board an aerial photograph that was taken in 1998. He explained that it is inverted and he overlaid some observations that were made in the last six months. He noted that there are a couple of ponds out there and five vernal pools. He explained that looking at the plan he does not believe that the vernal pools have been taken into account and they are afforded a 100-foot buffer zone under the wetlands protection act. He also stated that he contacted the Cape Ann Vernal Pool Team and they looked at the site a couple of times to have them certified. He explained that in order to be certified they have to be looked at four times in the spring and summer and there has to have certain species of insects and qualifications. He noted that two of the areas had all of the qualifications to be certified. He requested that the Board do a twelve-month study of the area to address this by someone qualified. He also stated that there are vernal pools in the Marlborough Road area that would affect the previous project discussed by the Board (Osborne Hills Realty Trust). Mr. Salero also stated that there is a very large pond in the area and located it on the plan. He stated that there is a continuous flowing stream that goes out to Marlborough Road that can be seen even in the driest parts of the summer. He explained the drainage and the direction of it on the plan. He asked that the Board take that into account as well. He also stated that he is concerned about the DiBiase project. He stated that he is working with a conservation group that is working on a trail • from downtown Marblehead through the Forest River Conservation Area, which would go into this area to Break Heart Reservation in Lynn. He stated that this is very valuable land as public open space. Chuck Puleo addressed the Board as a citizen and expressed his concerns about drainage and flooding in the area. He explained the history of the area asked if there was any way of putting anything in this drainage plan that would help,the rest of the area. Arty. Atkins stated that they will be looking at that area and they would be glad to take a look at Mr. Puleo's area and see if there is anything that can be done. Mr. Puleo stated that some of the neighbors have more problems than he does so anything that could benefit the neighborhood would be appreciated. Jim McDowell stated that this sounds like the problem that Joe Nerden was referring to and he would like to take a look at it in the rain and see what can be done. John Moustakis stated that drainage and traffic are always the problems in that area and the Board should look at the big picture,recalling that the city put dye in the system once and never found it. A member of the public who fives on Durkin Road addressed the Board and stated that they appreciate the attention the developer has given the neighbors on this. She stated that there arc some issues that they want the Board to know about to see that they get addressed and that the Board be a conduit between two parties that don't want to be adversarial. She stated that this project will be 29 houses and there is a concern about the number of cars that will be added to very small streets. She noted that there are a lot of kids in the neighborhood. She also stated that the other part of the traffic concern is Highland Avenue noting it..is.going to be dangerous and it needs to be addressed. She also stated that they feel that the:homeowners association issue needs to be addressed and what is going to be maintained needs to be clearly spelled out. She also stated that she • is concerned about a section of wetland that.actuallyrcrosses the road and explained ten or eleven months out of the year it is}vet. She also,noted that the park is a joke and the equipment is rusted 7 • and it is overgrown. She also stated that they want to make sure that Circle Hill Road is not connected. She stated that they appreciate that Mr. Steadman says that he does not want to open that up, however Mr. Deluhs owns the other side and they do not know what his plans are. Walter Power suggested that the neighborhood get together with the ward councilor and address their concerns about the park and the status of the road. The member of the public said that her last point is,that they want to maintain the value of their homes and stated that starter homes may not be appropriate for the neighborhood and suggested that maybe some larger homes could be included in the plan. Mr. McDowell stated that they are quite aware of the wetland that crosses the road and they have been included and delineated on the plan. Walter Power outlined the areas that are of concern to the Board for the applicant. John Moustakis referred to the traffic study and stated that it should take into consideration all of the new projects in the area. Lynn Duncan stated that they should also include projected development as well to see the potential impact on the area. Walter Power suggested that the Councilor work with the neighbors on where the trails should be ,'.:, Diane Redican of 42 Crowdis Street addressed the Board and expressed her concerns about pre blast surveys. .,.. • Ellen DiGeronimo suggested that the Board meet with,Mass Highway Department to work together on the issues on Highland Avenue. Atty. Atkins stated that the Conservation Commission has reviewed the wetland delineation and a peer review was done on the plan at the request of the.Commission. Pam Lombardini moved to continue the matter to October 21, 2004, seconded by John Moustakis and approved. Continuation of Public Hearing—Site Plan Review /:XIctlands& Flood Hazard Special Permit—289 Derby Street—289 Derby Street Realty Trust Atty Scott Grover addressed the Board on behalf of his client. He noted that Steve Di Corsi of Bollcr Engineering and the traffic consultant are also present this evening. He noted that this is the third evening of the public hearing and they,have been working with the September 161h letter and addressing the concerns of the Board. He stated that the engineer for the project will address engineering concerns. Mr. DiCorsi addressed the Board and stated that they,;h'ave made minor changes to the plans and gave new plans to the Board. He reviewed the changes with the Board. He also noted that the city engineers requested a tide flex device on the out fall from the storm drainage which basically is a flap which would prevent river water from going back in and'surcharging the system. He also noted that they have researched the extreme high tide.elcvation and still need to do a little more research to nail down that extreme high tide elevation to see if it does create a surcharge. • Mr. DiCorsi stated that they have agreed to do a test pit out at the location of the sanitary sewer tic in. He stated that they would do the excavation when they are further along with the permitting 8 , • process. He also noted that they have received more information from the architects on the utilities and submitted them to the Board for their review. Mr. DiCorsi stated that there was an offer from the Planning Department to hold a meeting with the engineering department to finalize the details of the project. Chuck Puleo asked if the discharge would go into the South River. Mr. DiCorsi stated that the runoff will be treated and discharged into the river. Walter Power stated that they should consider a pump system for the underground garage in case of a flooding problem. Walter Power stated that it seems that the rest of the issues need to be addressed and asked if there were any more questions from the Board this evening. A discussion was held on the potential timetable for the project. John Moustakis noted that by the time the project gets underway the other projects in the area should be well on their way by then. Mr. Belleau stated that he met with Captain Callahan and reviewed the traffic and truck routes with him and he thought it was a good plan. Walter Power asked if the architect would tool: at the green designs that are out there and noted that there are things that could save them money. Mr. Belleau stated that they are looking into that. There being no further questions or comments regarding this matter a motion was made by John • Moustakis to continue the public hearing to.October 21, 2004, seconded by Christine Sullivan and approved. Continuation of Public Hearing—Site Plan Review—2&5 Water Street—North River Development Trust Arty. George Atkins addressed the Board and reviewed the history of the property and noted that a year ago his client started the planning this project and met with the neighbors and attended meetings of the North River Corridor Committee. I-Ie noted that they tried to meet with that group and were not met with enthusiasm. He explained that lus client proceeded under the existing zoning code,and noted that the neighbors and the ward councilor worked with them on the project. He also noted that they received a variance from the ZBA by a (5-0) vote and he subsequently understood that there were concerns about the density and they voluntarily reduced the number of units. Arty. Atkins stated that they filed their plans;with the Planning Board and concerns were raised by non-abutters to the plan and they have made some changes to the plan,which lie will explain. Arty. Atkins read two letters from abutters into the record. One letter was from Laura Parent of 2A Buffum Street in support of the project. (A copy of this letter is attached to these minutes) The second letter was from Ward Six Councilor Mike Bencal. (A copy of this letter is attached to these minutes) Arty. Atkins stated that as a result of further review they have developed a new plan that calls for 12 units and have changed the configuration of the units. He stated that if they go forward they will provide the board with new details of the plan. He also stated that they plan for a brick sidewalk. • He noted that they will try to widen South Mason Street if they are successful in purchasing additional property. 9 • Paul Durand stated that he thought that it was great that the houses had garages in the back and suggested that they do that with the other units to make a much nicer street presence. Arty. Atkins stated that there are some different points of view and one of the concerns was the lack of outdoor personal space. He stated that if they change.the configuration there will be more pavement and less outdoor space. Arty.Atkins stated that they would do a video survey of the pipes for this project. He also noted that the city engineer and the Board raised concerns about the interior mechanics on the site of the water and sewer fines and he was insistent that the condo association maintain them. Fle noted that the city engineer went so far as a.crossing point and granting an easement to the condo association to maintain that across the public street as well. He stated that they will have to look at the legality of that but they are have agreed that the condo documents will be the maintenance of the fines in the interior of the development. He noted that there has been some comment about the lack of enforcement mechanism in the documents. He also stated that the city could write a condition that would call for enforcement through the building inspector. Atty. Atkins stated that they propose that if,they get some positive feeling that this proposal has addressed the concerns they would continue with this plan. He noted that his client has interest in other projects in the city and he is not going to leave Salem. He stated that they think this is a good project for this neighborhood and the city. Walter Power stated that he thought that this was constructive change in the plan. Gene Collins addressed the Board and stated that he grew up in North Salem and knows a lot of • people who live in the area and the two units on Buffum Street should be part of the neighborhood configuration of Buffum Street. He stated that he felt that to change the neighborhood by trying to back door those units and connect them with some other street would not be conducive to the neighborhood. He stated that if South Mason Street could be widened that would be fine, noting that there are some utility poles there that have to be moved at a minimum. He stated that if you put a sidewalk around that property they are going to wind up in someone's back yard. He also noted that they are looking to put a walkway down to Commercial Street and that's fine, noting that there is no real mechanism for foot traffic and tlhis would encourage it. He also stated that the units on die right had side are abutter by businesses and there are a whole lot of mires that are not in the pie. Arty. Atkins stated that he asked for some calculations on the buildings on the site and it is estimated at 29% as well as an increase in landscaping. He stated that this indicates that this is a little place in Salem that not many people know about and they are improving this immediate neighborhood. Lynn Duncan stated that she liked Gene Collin's comments about being consistent with the neighborhood and she thinks that makes a.lot of sense. She stated that part of that would be to look at where the existing homes are and to line up on the street. She noted that she thought that this plan is a great improvement, stating that they are close but not quite there yet. She suggested that they should be consistent with the existing homes on Buffum Street and recommended that the pull them closer to the street in keeping with the character of the neighborhood. Arty. Atkins asked Ms. Duncan to envision and think about what is there now. He also stated that it is nice that everyone has a point of view, and noted that the Board has been particularly open with criticism and change, and redrafting and he bets that his client spent$100,000 and at some point that becomes unfair and becomes a burden and becomes a point where a reasonable business man has to • stop. He said that he thinks this is a reasonable plan and they would like to proceed with this plan, 10 • Paul Durand stated that this is the fust time he commented and he would like to see the urban character of Salem and that area that this ends up have having a more suburban feel to it setting it back and looking at a driveway. He stated that he thinks that if effects the quality of the neighborhood and its character and having a sidewalk in front is not to go to somebody's backyard but for units 5-10 to walk to each other's front door and he thinks it is entirely reasonable. He stated that he does think units 11-12 can be done at a savings because the driveway is in back and the others are more difficult but he thinks that having them at the street edge is a much better solution that your typical suburban driveway house set back. Valerie Gingrich explained on the plan j 'hat Mr. Durand was describing. A discussion was held about the location of the units using the plan. Ellen DiGeronimo stated that she felt that the plan is wonderful and taking away the industrial site is remarkable. She noted that she has been to the site several times and suggested that they should consider having residential parking only and asked that they look into that. She also stated that she is conscience of maintenance and questioned the use of a brick sidewalk, noting that they are hard to maintain. She also stated that she is passionate about the use of Commercial Street and she is thrilled that there is going to be access there. She also stated that she thinks that this development is going to spur people into looking at what is there.,:: John Moustakis stated that this would be a case study in mixed use. He stated that there is everything there that you would want. He stated that the city has put a lot of time and effort into rezoning south of this area and he thinks that this is a start for.this area noting that the Salvation Army will be developing there as well. He said this is not perfect but this is a start. • Arty. Atkins stated that all communities are subject to change in use over the years. He noted that changes on Derby Street with the recent development of the bank and the project before the board to convert the gas station site into condos., He stated that he has seen a lot of change over the years in the city. Arty. Atkins stated that they would come,back with a revised plan. Christine Sullivan stated that she realizes how difficult the Planning Board was for them two weeks ago and noted that this is a vast improvement and much better project. She' urged.them to take Mr. Durand's suggestions into consideration and noted that she felt they would get more money for the units with those changes. Walter Power stated that they have gone a long way,with this development and this is a livable streetscape. He noted that he is concerned about the driveway. Arty. Atkins stated that this plan would increase the depth of the driveway. . Walter Power also suggested that they took at the suggestions and give the board the pros and cons about them. Walter Power stated that his one real problem is that there is no sidewalk from their property to Mason Street. He also supported the idea of resident only parking. Atty. Atkins stated that there is private property there and unless they are deeded the land they cannot provide the sidewalk. He also noted that there is not a lot of speeding on those small streets and people could walk safely there. Walter Power asked that the Planning Department assist them with looking at the sidewalk issue. Lynn Duncan stated that they could look,at that. Gene Collins noted that the Salvation Army owns the property in question and they could talk with them about that. Walter Power opened the hearing up for public comment at this time. • A man stated that he could understand why the neighbors would be jumping for joy at having something new to that neighborhood and described.-the present condition of the area. He stated • II • that the master plan talks about everything being done in that area being consistent with what is there. He referred to the character of Buffum Street noting it is a gem in the area. He also noted hat the one thing that was talked about in the North River Plan was pedestrian connections and here is a great opportunity with the access to Commercial Street which is a fine addition to the neighborhood. He also stated that he would. be interested in the elevations and how it is going to look and feel in the neighborhood. He also asked if this was above or below the density regulations. Walter Power stated that he thought it was below the regulations. Tim Jenkins 343 Essex Street addressed the Board and complimented the developer on reducing the density reviewed the history of this part of.Salem. He stated that the nickname for this area was paradise,when you could go swimming in.the North Rivet He stated that he wanted to compliment them on the direction they are going in. Paul Durand made a motion to continue the public hearing to November 4, 2004, seconded by Pam Lombardini and approved. Continuation of Public Hearing—Wetlands and Flood Hazard Special Permit—4 Technology Way Norman Dube Jeffery Shribman addressed the Board and stated that he has tried to reach Mr.Lovely and he has not responded. He stated that he hoped that the Board would reject the plan since the applicant walked out of the last meeting. Gene Collins suggested that the matter be continued. • George Corriseau addressed the Board and stated that his main issue is that when Fafard graded the property he was left with a hill and he wants that soil removed. He stated that when this project came up Mr. Dube stated that he would remove that soil when he built his retaining wall. He stated that he is concerned that if Mr. Dube withdraws he,will need the support of the city to help him solve this problem. `;/alter Power stated that his recourse would be with Mr. Fafard. Ellen DiGeronimo stated that the Board has been unsuccessful in getting Mr. Fafard to do anything about finishing the road Chuck Puleo noted that the curbing was never installed along the road. He also recalled a conversation with his Attorney regarding that John Moustakis noted that the Board asked for a ruling from the City Solicitor at the last meeting and we have not received that. Lynn Duncan noted that the opinion was regarding use and the use is determined by the zoning enforcement officer and he made that determination. She stated that the Planning Board was interested in the use because they did not want to approve the Atlantic Paving project. She referred to a draft decision that the Planning Department prepared and they are recommending that under the wetlands and.flood hazard special permit the plans are deficient as they fail to protect the wetlands. Ms. Duncan explained that the plans that were submitted were not the plans that were approved by the Conservation Commission. She stated that they were filed with the Commission and they were found to be deficient, they submitted them again and they submitted another plan and the planning board is left with the original plans that are deficient in terms of storm water management. Christine Sullivan askcd;if they.come in with the right set of plans would the Board have to act on it. Ms. Duncan stated that she thinks that the point is moot since she feels that Mr. Dube has gone away. She did noted that if Mr. Dube came back with the correct plans the board would have to deal with it. 12 • Christine Sullivan stated that she feels that ly.4. Dube has had ample time to address the problems with the filing and his Attorney has not returned phone calls. Gene Collins stated that he feels Mr.Dube was treated very poorly. Pam Lombardini agreed. John Moustakis asked if the plans that, the,Planning Board saw were not the plans that were approved by the Conservation Commission., Lynn Duncan stated that they were the plans that were originally submitted to the Conservation Commission and they were deficient and they had to come back with a much better stormwater management system, which they finally did over the course of several iterations of the plans, so the plans that the Planning Board had were not satisfactory to the Conservation Commission. She stated that Mr. Dube never gave the plans that were approved by the Conservation Commission to the Planning Board. She also noted that Attorney Lovely did not respond to several phone calls and a letter and she does not think that he is going forward with this project. Gene Collins suggested that the Board give 1%4 r. Dube more time. Ms. Duncan stated that he has had plenty of time and they have tried. Christine Sullivan moved to deny the project based on the recommendation of the Planning Department, seconded by Pam Lombardini and approved with Gene Collins opposed. Christine Sullivan stated that she wants to know the status of the request to the City Council regarding buildings over 5,000 s.f. requiring site plan review. She asked that it be put on the agenda for a future meeting. Lynn Duncan stated that she wants to look at the whole thing as there may be other recommendations regarding changes,tq the zoning ordinance. • Pam Lombardini recommended that the Board set aside a meeting to approve minutes. She also suggested that she would like to look at changing the start time of the meeting since the meetings arc getting long. There being no further business to come before the Planning Board at this meeting a motion was made by Paul Durand to adjourn the meeting, seconded by John Moustakis and approved. The meeting was adjourned at 11:00 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Planning Board PB100704 • 13 CITY OF SALEM PLANNING BOARD Notice of Meeting You are hereby notified that the Salem Planning Board will hold its regular meeting on Thursday, September 16, 2004, at 7:00 PM in Room 313,Third Floor at 120 Washington Street. Walter B. Power, III Chairman Tentative Agenda: 1. Public Hearing—Request for a Waiver from Frontage Requirements— 156 Marlborough Road—Kellie &Tomasz Bogucki • 2. Continuation of Public Hearing—Site Plan Review & Wetlands & Flood Hazard Special Permit-289 Derby Street-289 Derby Street Realty Trust 3. Continuation of Public Hearing—Site Plan Review-2 & 5 Waters Street—North River Redevelopment Trust 4. Continuation of Public Hearing—Wetlands & Flood Hazard Special Permit-4 Technology Way—Norman Dube 5. Approval of Minutes -April 15, 2004 0 �, -April 22, 2004 —+ r.. -June 17, 2004 ,rn m -July 1, 2004 _ X W N� Or 6. Old/New Business �T IVn _ .. m3 This notice posted on "Official Bull Board" N n a3 a1 Salem, Mass. on fj/�3/�DS�iC. In aocordanoe wdh ChhaWl • A all AA.G.L. _ 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 . WWW.SALEM.COM 0 3v� CITY OF SALEM PLANNING BOARD MEMORANDUM TO: Planning Board Members FROM: Valerie Gingrich Department of Planning & Community Development DATE: September 7, 2004 RE: Agenda–September 16, 2004 The following is a brief description of the items, which are listed on the attached agenda. Please contact me at the Department of Planning & Community Development at 978-745-9595, extension 311, if you have any questions pertaining to the agenda items. Public Hearing—Request fora Waiver from Frontage Requirements– 156 Marlborough Road– • Kellie &Tomasz Bogucki Please refer to the plans that were sent in the last packet. If you need an additional copy, please let me know. This request for a waiver from the frontage requirements would allow the applicant to subdivide their 21,677 square foot lot, which has a lot width of 150 feet, into two lots. The lots are located in the R1 zoning district, which requires 100 feet of frontage for each lot. Lot 1 would have an area of 19,361 square feet and a width of 91.57 feet. Lot 2 would consist of 12,316 square feet with a width of 58.43 feet along Marlborough Road. The applicant received a variance from lot width and lot size from the Zoning Board of Appeals on March 17, 2004. A copy of the decision is included in this packet. Continuation of Public Hearing—Site Plan Review & Wetlands & Flood Hazard Special Permit-289 Derby Street-289 Derby Street Realty Trust The proposed project for the Coastal Gas Station site includes the construction of a six-story 70,225 square foot mixed-use building with 38 residential units and 2,200 square feet of commercial space on the ground floor. The project also includes the construction of a sub-surface parking facility with 57 parking spaces. Comments from the meetingon n September 2, 2004: ■ The plans submitted should be stamped by a professional registered engineer. ■ Can the underground parking within 100 feet of the river be private? . The engineering for the underground parking should be submitted for review • The construction management plan should include a description of the fill that will be removed from the site should be submitted t 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 .TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM ■ The applicant shall submit a traffic study for review • Continuation of Public Hearing—Site Plan Review-2 & 5 Waters Street—North River Redevelopment Trust The proposed project includes the construction of fourteen (14) garden type residential condominium townhouse units at 2-5 Waters Street, with the structures having a total of 27,720 square feet. The site is located off of Mason Street between Waters Street and Buffum Street and adjacent to the Salvation Army site. The site is currently home to an old industrial building. The project includes the construction of four units at 5 Waters Street, which is zoned B1, and the construction of ten (10) units at 2 Waters Street, which is zoned Industrial. Comments from the Meeting on September 2, 2004: ■ Snow storage should be shown on the plans ■ The board agreed that access to the canal is important ■ The existing storm drain to the North River should be inspected ■ An oil/water separator should be installed in the drainage system • Sidewalks should be added to the plans ■ A Construction Management plan should be submitted for review Continuation of Public Hearing—Wetlands & Flood Hazard Special Permit-4 Technology Way—Norman Dube The proposed project includes the construction of a 9,900 square foot office and storage building at 4 Technology Way. • Updated Information: The Conservation Commission discussed the proposed project at the their meeting on July 8, 2004 and the ConCom continued the public hearing because the applicant did not supply the necessary information regarding stormwater management. At the next meeting on July 22, 2004, the applicant requested a continuance to the next meeting on September 9, 2004. Comments from the July 1"Meeting_ • The Order of Conditions from the Conservation Commission will be referenced in the Planning Board's decision • The filtration device (oil/gas separator) must be reviewed and approved by the City Engineer. • The roof of the building should include a parapet to make it look like a flat roof. Comments from the Office of the City Engineer • The applicant must supply pre and post development stormwater runoff analysis • Floor drains are for interior use only and cannot receive stormwater (roof, site, etc.) • Post development runoff must be reduced to equal or less than predevelopment levels • The applicant must show that any retention/detention structure will be constructed in a manner that is easy to inspect, operate and maintain • The utility connections will have to be inspected by the DPW • Two separate water lines off of the main will be necessary...one for domestic/potable and one for fire suppression • • Additional detail is needed regarding the oil/gas separator and how it performs • Why stone and why are there catch basins in the stone area? • The final plans will have to be stamped by a registered professional engineer 2 Comments from the Department of Planning & Community Development: • • The applicant has not supplied the required determination of the seasonal high water table nor the written report (Section 7-16 (e) (2 & 3)). • In the Wetlands district, the proposed development or use shall not include the storage of salt, chemicals, petroleum products or other contaminating substances or discharge of any polluting liquids or materials into streams, brooks, or wetlands (Section 7-16 (c) (5)). • The proposed grading for the site is not clear on the submitted site plan. The site plan shows runoff flowing directly into the wetlands. Comments from the Conservation Commission: The Conservation Commission is currently reviewing the application. The Con Com requested that the applicant submit a Stormwater management plan for review due to the amount of impervious surface being proposed for the site. The applicant will be heard at the next meeting of the Conservation Commission on September 9, 2004. • 3 Salem Planning Board Minutes of Meeting • Thursday,September 16, 2004 A regular meeting of the Salem Planning Board was held on Thursday, September 16, 2004 in the third floor conference room at 120 Washington Street,Salem,Massachusetts at 7:00 p.m. Those present were: Chairman Walter Power, Ellen DiGeronimo, John Moustakis Gene Collins, Pam Lombatdini, Chuck Puleo and Christine Sullivan. Also present were Staff Assistant Valerie Gingrich, and Eileen Sacco, Clerk. Members Absent: Paul Durand and David Weiner Public Hearing- Waiver from Frontage and Form A—156 Marlborough Road—Kellie and Thomas Boguck Attorney George Atkins addressed the Board and explained his Form A plan. He explained that they are requesting a waiver from frontage to allow him to subdivide his lot,which is 21,677 s.f. and is 150 feet wide, into two lots. He also noted that the lots are in the R1 district and lot 1 would have an area of 19,361 s.f. and a width of 91.57 feet, and lot 2 would consist of 12,316 s.f. with a width of 58.43 feet along Marlborough Road. Walter Power noted that the Board has been trying to restrict access to Marlborough Road and asked that they build the driveway with a turnaround so they would not have to back out on Marlborough Road. tatty. Atkins stated that he did not think that would be a problem for his clients, noting that it would probably be preferable and they would accept that as a condition if the Board would like. • Ellen DiGeronimo noted that the last time there was blasting in that area it affected a neighbor. Atty.Atkins stated that he did not think there would be any blasting for this project. Walter Power opened the hearing to public comment at this time. Councillor Leonard O'Leary addressed the Boatdand spoke in favor of the plan noting that he supports the plan with the houses set back as shown on the plan. There being no further questions or comments regarding this matter a motion was made by Ellen DiGeronimo, to issue the waiver from frontage for 156 Marlborough Road, with the condition that the owner construct a driveway, with a turnaround so that the residents do not have to back their cars out on Marlborough Road, and shall provide enough space for visitor parking on the site, seconded by Pam Lombazdini and approved. Ellen DiGerommo moved to approve the Form A for 156 Marlborough Road, seconded by Pam Lombardini and approved. Public Hearing—Site Plan Review /Wetlands & Flood Hazard Special Permit—289 Derby Street Arty. Scott Grover addressed the Board and expl-, ned that at the last meeting they opened the public hearing and gave an overview of the project. He stated that tonight they will be reviewing traffic, construction practices and the construction of the underground parking garage. ' t • Robert Ian Woodland from McM McMahon Associated addressed the Board and explained that they have reviewed the potential traffic impacts associated with the proposed redevelopment of 289 Derby Street. He • noted that that his assessment is based on a comparison of the vehicle trip generating characteristics of the preexisting uses on the site and the current proposed mixed-use development. He reported that the trip generation comparison i idicates that the proposed residential condos would actually result in approximately 30 fewer vehicle trips during the weekday morning commuter peak hours and approximately 38 fewer during the weekday evenings than previous uses at the.site. He also noted that since there will be no onsite parking for the commercial use of the space it will not iesult in any new entering or exiting trips at the site. He stated that they expect people to walk to the site Ecom the downtown,given the location of the property. Walter Power asked if the parking garage was going to be open 24 hours a day. He also questioned if there would be a gate for access. Mr. Belleau stated that it would be a good idea and noted that he has not yet addressed security. Walter Power suggested that they should engage a concierge service and possibly a closed circuit TV with a speaker system to access the units. He suggested that they could keep the camera pointed at the entrance to the garage. Mr. Belleau noted that it would require three cameras but he would look into it. John Moustakis noted that they are proposing 57 parking spaces for 38 units. He asked if there would be assigned spaces for each unit. Mr. Belleau stated that each unit would have one space assigned to it. John Moustakis noted that most units ate 2 or 3 bedrooms and most people have two cars. Mr. Belleau stated that the 19 extra parking spaces would be managed by the condo association. Walter Power asked the developer to consider taking a look at green building options and suggested that they look at collecting rainwater for use in the toilets,which would save money on water. He noted that the new Carlton School has a green roof. • Dean LaPointe of Martins Construction reviewed the Construction Management Plan. He noted that they have met with Captain Callahan of the Salem Police Department and discussed the truck routes for the project. He estimated that the construction period would be 18 months. Chuck Puleo noted that there should be a provision for parking for the construction workers. Arty. Grover stated that the Parking Department has a parking program for construction workers and contractors can buy parking stickers for the South Harbor Garage Mr. Belleau stated that he would encourage the use of the garage and if it is a problem he will pay for the parking. Chuck Puleo noted that parking could be a problem during the peak tourist season. Walter Power stated that he hopes that attention will be paid to details regarding deliveries etc. so that no unnecessary closing of streets will result. Mr. Martins explained the construction of the proposed underground parking garage. He explained that it will be a concrete structure with a rubber mat 'surrounding it. He noted that he has experience building these kinds of structures and is currently using the process on High Street in Danvers. Walter Power asked what the process would be to fix a leak in the structure should they have one in 10-15 years. Mr. Martins stated that they would drill'hbles and inject epoxies. He noted that the process is used often in downtown Boston. John Moustakis asked if they would be storing fill on the site. Mr. Martins stated that the fill would be removed from the site. • 2 Walter Power stated that the trucks should be cleaned daily and asked if they would be washing wheels on the site. Mr. Martin stated that a gravel mat will be used and if there is a problem they can use a wheel • washer on the site. Walter Power also noted that the Planning Board requires street sweeping daily. Atty. Scott Grover stated that they are having 'a public hearing with the Conservation Commission next Thursday. Arty. Grover noted that the Board of Health has approved the project and they had no special concerns. He noted that they have a condition pertaining to rodent control. Walter Power opened the hearing up for public comment at this time. Polly Wilbur of 7 Cedar Street addressed the Board and noted that the project is located next to an antique store and asked that they be considerate of them during construction. Walter Power asked how they plan to install the pilings for the project. Mr. Belleau stated that he is not sure at this point but noted that they are doing testing of the bedrock now and that will be determined at the completion of the testing. Chuck Puleo asked if there has been any indication from the City Engineer on the adequacy of the utilities. Luke DeStefano of Bohler Engineering addressed,the Board and stated that the utilities will not overburden the infrastructure along Derby Street. He explained that the storm drainage will drain into the South River. He explained that the water will be collected and treated in a Vortechs unit. Walter Power suggested that they have a construction manager liaison with the Department of Public Works. • Christine Sullivan addressed the applicant and noted that she requested a rendering of the building on the site showing the other buildings along Derby Street. Atty. Grover stated that they are going to the DRB next Wednesday to start the process for the final approval for site design. Walter Power noted that Nina Cohen the Chau of the%BA is in attendance this evening. There being no further questions or comments-regarding this project a motion was made by Chuck Puleo to continue the public heating to October 7,2004, seconded by Pam Lombardini and approved. Public Hearing—Site Plan Review—2&5 Water Street—North River Development Trust Arty. George Atkins addressed the Board and noted that the Board visited the site. He also reviewed a letter he received from the Planning Board and noted that they just received the letter and will be amending the plans for the next meeting. Arty. Atkins noted that they have a new rendering of the site and noted that sidewalks will be constucted around the site. He also noted that they shrunk'one of the buildings to accommodate the sidewalks. He also noted that they asked the architect to look at the depth of the parking spaces on the Water Street side, and landscaping has been added. Walter Power noted that he is concerned about the width of South Mason Street, noting that it is 15 feet wide. Arty.Atkins stated that they have a purchase and sale agreement to be executed in 2005 and explained • 3 that the area along the lot fine may have been paved andwith cooperation from the neighbors they may be able to address the problem and widen South Mason Street. • Atty.Atkins noted that Hancock is working on an updated landscaping plan. Arty. Atkins noted that the Buffum Street building will have a garage underneath it and also noted that snow storage will be provided on site. He also noted that during large snowstorms snow will be removed from the site at the expense of the condominium association. Christine Sullivan noted that the plans show that South Mason Street is 15 feet wide and the letter from the Planning Department says that it is 12 feet wide. Arty. Atkins stated that it is actually 15 feet from curb to curb and there is actually 18 feet of paving. Valerie Gingrich stated that a plan in the engineering department shows 12 feet recorded on a 1901 plan. Ellen DiGeronitno expressed concern about a pole on Water Street. Arty.Atkins stated that the pole will be coming down and relocated for the transformer, noting that access was a concern. Walter Power addressed the developer and stated that this is an over crowded parcel. He stated that he wants to see 20 foot driveways and he does not believe that they will remove the snow. He also expressed concern that the foot traffic will be atrocious noting that there should be sidewalks from Water Street to Mason Street. Mr. Power further noted that he feels that it is a health hazard and that year after year the prices will go down and the property will be a mess. He also noted that he would like to see green space and locations for grills and chairs for the residents to utilize. He also noted that there is no room for balconies and while he understands it is a cost concern the developer should do better to develop this site. He asked that the developer take his comments into consideration and come back with a more workable plan. • Atty. Atkins stated that he has no comment other than to say that the Ward Councillor and the neighbors have been supportive of this project. Christine Sullivan addressed the developer and stated that she agrees with Mr. Power that there is too much density and there must be a solution that will still make a profit of the developer. Walter Power opened the hearing up for public comment-at this time. Councilor at Large Arthur Sargent addressed the Board and expressed his concerns about density. He noted that the neighbors support the project but they don't understand zoning. He stated that he would rather that a zoning change be required from the City Council:;He.also noted that this is precedent setting and is a citywide issue. Councilor Mils Sosnowski addressed the Board and thanked them. Nina Cohen, Chair of the Zoning Board of Appeal addressed the Board and stated that in her 10 years on the ZBA this is one of the projects that she regrets. She explained that the only way that she can see this working is as a single line of houses and she hopes that the developer might rethink this. Councilor Sargent commended Mr. Power and Ms. Cohen for their support on this issue. John Moustakis addressed the Board and stated that his concern is density as well and noted that the Planning Department is in the process of drafting a comprehensive master plan for that area and it is too bad that is not completed. • 4 Atty. Atkins stated that his client waited six months and attended the meetings of the North River Improvement Association and was summarily dismissed by that group and they refused to work with him. • There being no further questions or comments regarding this project a motion was made by Christine Sullivan to continue the public hearing to October 7,2004, seconded by Pam Lombardini and approved. Continuation of Public Hearing—Wetlands and Flood Hazard Special Permit—4 Technology Way—Norman Dube Arty. Steve Lovely addressed the Board and explained that they received an Order of Conditions from the Conservation Commission at their last meeting. Ellen DiGeronimo asked to see the original plans for the industrial park, noting that she made the request at the last meeting. Christine Sullivan stated that she does not like this building and agrees with the owners of Thermal Circuits and Salem Glass in their opposition of the location of this type of business in the industrial park. She also stated that she feels that they designed this building to be 9,990 s.f. to avoid site plan review. Arty. Lovely noted that the issue before the Planning Board is a Wetlands and Flood Hazard Special Permit and the Board indicated at the last meeting that when they received the Order of Conditions from the Conservation Commission they would get approval. Chuck Puleo expressed his concern that the Planning Board is being asked to vote on this without the revised plans. Atty. Lovely stated that the Order of Conditions refers to the plan and they are on file with the Conservation Commission. • Ellen DiGeronimo asked to see the subdivision plans for the business park development. Atty. Lovely stated that the board asked the Department of Planning&Community Development for the plan, not hitn. Atty.Jeffery Shribman addressed the Board and.stated that the 1995 plan for the business park does not show tlis lot. Ellen DiGerommo stated that she needs this informationi and wants to know when the land was subdivided. She noted that the plan for the business park was for large businesses. Atty. Lovely stated that he and his client have done everything that the Board has asked them to do regarding this application and they came here tonight expecting approval. He also noted that his client is under a time restriction and is supposed to close on this property tomorrow, noting that Mr. Fafard is difficult to deal with and has granted this extension,which will be the last one., Walter Power stated that he is concerned that the long range plan the city had for this property is being aborted by altering the types of business that goes in there. Mr. Dube asked what the lot size requirements for the business park development is. Walter Power stated that he did not think there was a small lot on the plan that was approved. Walter Power referred to page 26 of the zoning ordinance and noted that the minimum lot requirement is 40,000 s.f. Mr. Dube noted that the size of this,lot is 1.8 acres. Arty. Shribman stated that he feels that the Planning Board can have a full hearing on this matter as a special • permit for the business park development as provided in 7-17 5E of the zoning bylaws. He explained that 5 the chairman can call a meeting regarding concerns of the suitability of use. Arty. Lovely called this a delay tactic that is not fair to his client. He noted that the garage is the issue and his client is willing to invest a • million dollars on this site. John Moustakis suggested that the Board get a clarification from the City Solicitor on the matter. Valerie Gingrich reviewed section 7-17 5E and noted that it is in relation to developments in excess of 10,000 s.f. Arty. Lovely stated that this lot stands alone and the Planning Board must have subdivided it or they would not be here. Christine Sullivan suggested that the applicant modify the building to 10,000 s.f. and come back for Site Plan Review, noting that they don't have a plan that answers a lot of questions. Atty.Lovely noted that his client has done everything that the Board has asked him to do. Walter Power suggested that the developer submit an up to date plan that incorporates what was approved by the Conservation Commission and the Board can vote on this matter in two weeks. Gene Collins made a motion to approve the Wetlands and Flood Hazard Special Permit for 4 Technology Way. The motion failed for lack of a second. Arty. Lovely noted that Mr. Dube's extension on the purchase and sale agreement expires tomorrow and he cannot get another. • Christine Sullivan stated that she has never seen a situation where the Planning Board approved an application without a plan. Walter Power asked Valerie Gingrich to draft a letter to the City Council asking that they lower the square footage requirement for site plan review of smaller buildings in the business park. Walter Power suggested that the Board could approve this if Mr. Dube agreed to some other conditions regarding the use of the property for the garaging of vehicles and a small office and planting small trees around the site. Atty.Lovely noted that a condition of the sale of the land is landscaping and tree planting. Ellen DiGeronimo stated that she is sorry that IN& Dube is this position, however she cannot sit on the Planning Board and approve things without thinking of the future of the city. Chuck Puleo stated that he would like to find the plan that was approved for the business park so the board can determine what was approved. Walter Power opened the hearing up for public comment at this time. Jim Miller of Salem Glass addressed the Board and stated that this building does not belong there and it is not the right place for this business. He stressed that he is opposed to this building. He also noted that the Planning Board is responsible to maintain the integrity of the business park. The owner of Thermal Circuits noted that he is concerned about the litter that this kind of business will have. He also noted that he expects his business to grow in the next two years to over 200 employees and lie would have to reconsider expanding here if the mission of the business park development is detoured. 6 John Moustakis suggested that the city council should have a special meeting about the minimum requirements for site plan review. Councilor Sosnowski stated that he would help with that. • Walter Power noted that the issue before the Board is the Wetlands and Flood Hazard Special Permit and noted that the Board has tried as much as they can to make it look Eke an industrial building. Ellen DiGeronimo stated that she could not vote in favor of this plan. John Moustakis stated that he wants to see what the city council will do. Atty. Lovely stated that this is not fair to his client and he has done everything they have asked him to do. Christine Sullivan stated that this is a major public policy issue that will set a precedent and she would like a hearing with the council on it. John Moustakis stated that he did not feel that this application should be before the Planning Board at this time, and noted concerns about a non-buildable road. Atty. Lovely conferred with his client and his client chose to leave the meeting. There being no further question or comment regarding the matter a motion was made by Ellen DiGeronimo to continue the matter to October 7, 2004,seconded by Chuck Puleo and approved. The Board discussed concerns about the process and asked for the following clarifications from the City Solicitor: It 1. Is this an allowable use in the Business Park Development • 2. Can a Wetlands and Flood Hazard Special Permit be denied based on the criteria for allowed uses. 3. If the road is not complete can the lots be subdivided.. 4. Is it legal to subdivide the lots. 5. Should the applicant be before the planning board if this is not an allowed use. Walter Power suggested scheduling a working session of the planning board to prepare an amendment to the zoning ordinance. Walter Power stated that he would like to propose that the Planning Department establish a storage and retrieval system so that old decisions with conditions can be found. He also requested a record book or computer reference file where all approved projects can be instantly retrieved so decisions with conditions can be reviewed for comphance. 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 b'y]ohn Nfoustakis and approved. The meeting was adjourned at 10:45 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Planning Board • PB091604 i 7 s 0 CITY OF SALEM PLANNING BOARD MEMORANDUM TO: Planning Board Members FROM: Valerie Gingrich Department of Planning & Community Development DATE: August 25, 2004 RE: Agenda–September 2, 2004 The following is a brief description of the items, which are listed on the attached agenda. Please contact me at the Department of Planning & Community Development at 978-745-9595, extension 311, if you have any questions pertaining to the agenda items. Public Hearing—Site Plan Review & Wetlands & Flood Hazard Special Permit-289 Derby • Street-289 Derby Street Realty Trust The proposed project for the Coastal Gas Station site includes the construction of a six-story 70,225 square foot mixed-use building with 38 residential units and 2,200 square feet of commercial space on the ground floor. The project also includes the construction of a sub-surface parking facility with 57 parking spaces. Public Hearing—Site Plan Review-2 & 5 Waters Street—North River Redevelopment Trust The proposed project includes the construction of fourteen (14) garden type residential condominium townhouse units at 2-5 Waters Street, with the structures having a total of 27,720 square feet. The site is located off of Mason Street between Waters Street and Buffum Street and adjacent to the Salvation Army site. The site is currently home to an old industrial building. The project includes the construction of four units at 5 Waters Street, which is zoned B1, and the construction of ten (10) units at 2 Waters Street, which is zoned Industrial. Continuation of Public Hearing—Form C—Definitive Subdivision—Saunders & Pearl Streets This item will be continued. Public Hearing—Definitive Subdivision, Cluster Residential Special Permit & Wetlands Special Permit—Dell Street—Bartlett & Steadman Development Corp. The proposed project includes the construction of 28 single-family homes with associated roadways, drainage and open space. The project proposes that Durkin Road will be extended into the subdivision and will serve as the only access point. The three new roadways will have a total length of 1,917 feet. • The 28 lots range in size from 6,633 square feet to 13,185 square feet and the houses are proposed to be two story homes with 3-4 bedrooms. The proposal includes sidewalks on both sides of the street with landscape strips between the sidewalk and the street. I 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 • WWW.SALEM.COM • Continuation of Public Hearing—Wetlands & Flood Hazard Special Permit-4 Technology Way—Norman Dube The proposed project includes the construction of a 9,900 square foot office and storage building at 4 Technology Way. Updated Information: The Conservation Commission discussed the proposed project at the their meeting on July 8, 2004 and the ConCom continued the public hearing because the applicant did not supply the necessary information regarding stormwater management. At the next meeting on July 22, 2004, the applicant requested a continuance to the next meeting on September 9, 2004. Comments from the July 1" Meeting: • The Order of Conditions from the Conservation Commission will be referenced in the Planning Board's decision • The filtration device (oil/gas separator) must be reviewed and approved by the City Engineer. • The roof of the building should include a parapet to make it look like a flat roof. Comments from the Office of the City Engineer • The applicant must supply pre and post development stormwater runoff analysis • Floor drains are for interior use only and cannot receive stormwater(roof, site, etc.) • Post development runoff must be reduced to equal or less than predevelopment levels • The applicant must show that any retention/detention structure will be constructed in a manner • that is easy to inspect, operate and maintain • The utility connections will have to be inspected by the DPW • Two separate water lines off of the main will be necessary...one for domestic/potable and one for fire suppression • Additional detail is needed regarding the oil/gas separator and how it performs • Why stone and why are there catch basins in the stone area? • The final plans will have to be stamped by a registered professional engineer Comments from the Department of Planning & Community Development • The applicant has not supplied the required determination of the seasonal high water table nor the written report (Section 7-16 (e) (2 & 3)). • In the Wetlands district, the proposed development or use shall not include the storage of salt, chemicals, petroleum products or other contaminating substances or discharge of any polluting liquids or materials into streams, brooks, or wetlands (Section 7-16 (c) (5)). • The proposed grading for the site is not clear on the submitted site plan. The site plan shows runoff flowing directly into the wetlands. Comments from the Conservation Commission: The Conservation Commission is currently reviewing the application. The Con Com requested that the applicant submit a Stormwater management plan for review due to the amount of impervious surface being proposed for the site. The applicant will be heard at the next meeting of the Conservation Commission on September 9, 2004. Continuation of Public Hearing—Amendment to Site Plan Review—Stutz Volvo-309 Highland Avenue/4-5 Greenledge Street—Stutz Plaisted 16 2 a CITY OF SALEM PLANNING BOARD Notice of Meeting You are hereby notified that the Salem Planning Board will hold its regular meeting on Thursday, September 2, 2004, at 7:00 PM in Room 313, Third Floor at 120 Washington Street. Walter B. Power, III Chairman Tentative Agenda: c 1. Form A—30 Aborn Street—John & Patricia Stueve o vi cn n CDr 2. Form A— 156 Marlborough Road—Kellie &Tomasz Bogucki N =T3 C-). • m 3. Public Hearing�—Site Plan Review & Wetlands & Flood Hazard Special Permit— n 289 Derby Street-289 Derby Street Realty Trust 4. Public Hearing—Site Plan Review-2 & 5 Waters Street—North River Redevelopment Trust 5. Continuation of Public Hearing—Form C—Definitive Subdivision—Saunders & Pearl Streets 6. Continuation of Public Hearing—Form C—Definitive Subdivision & Cluster Residential Development & Wetland Special Permit—Dell Street—Bartlett & Steadman Development Corp. 7. Continuation of Public Hearing—Wetlands & Flood Hazard Special Permit-4 Technology Way—Norman Dube 8. Continuation of Public Hearing—Amendment to Site Plan Review—Stutz Volvo-309 Highland Avenue/4-5 Greenledge Street—Stutz Plaisted 9. Approval of Minutes This notice posted on "CTPirniai Bulletin Board" • 10. Old/New Business City Hall Ave., S `':'rl, Mass. on �Q i at1r-1111sIt :sc r�rdar �t 231 �c36 of M.G.L. 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAX: 978.740.0404 ♦ WWW.SALEM.COM Salem Planning Board Minutes of Meeting Thursday,September 2,2004 A regular meeting of the Salem Planning Board was held on Thursday, September 2, 2004 in the thud floor conference room at 120 Washington Street, Salem,Massachusetts at 7:00 p.m. Those present were: Chairman Walter Power, Ellen DiGeronimo,John Moustakis Gene Collins, David Weiner, Chuck Pulco and Christine Sullivan. Also present were Staff Assistant Valerie Gingrich, and Eileen Sacco, Clerk. Members Absent: Paul Durand,Pam Lombardini Form A—30 Abom Street—John and Patricia Stueve Arty. Nathan Vonzaledas addressed the Board and explained the Form A plan to the Board. He explained that it is an elongated parcel and the front portion of it is in the City of Salem and the back is in Peabody. He noted that they are looking to realign the lot lines to give the lots equal area. He further noted that the frontage existing is legally non conforming in accordance with the 1910 plan and they are not altering that, stressing that the only change is in lot area and they would be requesting a variance from lot area if approved. He reviewed the 1910 plan and the lot lines. Walter Power noted that the plan will not be legal until the variance is granted. Atty. Vonzaledas explained that the Peabody Planning Board has already approved the Form A for the parcel. • There being no further questions or comments regarding this matter a motion was made by John Moustakis to approve the Form A for 30 Aborn Street, seconded by Ellen DiGeronimo and approved. Form A— 156 Marlborough Road—Kellie and Thomas Bogucki Valerie Gingrich addressed the Board and explained that this matter was placed on the agenda in error and will be on the next Planning Board agenda. Continuation of Public Hearing — Form C — Definitive Subdivision & Cluster Residential Development and Wetland Special Permit—Bartlett and Steadmen Walter Power read a letter from Arty. George Atkins requesting that the public hearing be continued to October 7, 2004. Ellen DiGerommo moved to continue the matter to October 7, 2004, seconded by David Weiner and approved. Walter Power explained that the applicant has met with the city engineer and new plans have to be prepared. He also stated that they will be performing a traffic study, wlvch will be conducted after school starts,which will give a more accurate account of the traffic in the area. David Weiner requested that the planning board members received the traffic study a few days before the meeting so that they can have time to review it. Continuation of Public Hearing—Form C—Definitive Subdivision—Saunders and Pearl Streets • • Walter Power read a letter from Atty.Jack Keilty requesting that the public hearing be continued to December 30, 2004. Christine Sullivan moved to continue the public hearing to December 16, 2004, seconded by Ellen DiGerommo and approved. Public Hearing—Site Plan Review / Wetlands &Flood Hazard Special Permit—289 Derby Street Airy. Scott Grover addressed the Board and explained that there are a variety of permits that they will need for tlhis project. He noted that the SRA and the DRB have granted conceptual approval of the plans and they will begin the final phase with the construction plans. Atty. Grover explained that the land is formerly filled tidelands and a chapter 91 license is required and they expect to apply for that in the neat week. He also noted that the ME-PA and Coastal Zone Management process is also underway and they will be filing a Notice of Intent with the Salem Conservation Commission. Arty. Grover also noted that the Salem Harbor Plan has to be taken into consideration in this process as well. Atty. Grover explained that the parcel is the former Dave and Jacks Coastal Station on Derby Street and they are proposing a six-story mixed-use building with 5,000 s.f. of commercial space on the First floor and 38 residential condominiums on upper floors. He noted that ZBA approval is not required as this project meets all zoning requirements. Arty. Grover also noted that they ate proposing an underground parking garage on the site. Arty. Grover noted that they have met with City Planner Lynne Duncan and other staff from the Department of Planning and Community Development and they will be working with them on integrating this plan into the Salem Harbor Plan:,,He also noted that the plans have changed • significantly since meeting with them and the new plan opens up the walkway area and integrates it into the site. Bridget Fortin, of Martins Construction, addressed the Board and explained the changes to the plans regarding the harbor walk. She noted that they will be installing benches and planters on the site. She also reviewed the commercial portion of the site, which is located within 100 feet of the river and noted that offices will not be allowed in this space. She explained that the space will be used for a public facility and explained that service types of business such as a dry cleaner or a movie theater or restaurant are things that would be permitted in the space. Christine Sullivan noted that a computer rendering of the site would help the planning board get a feel for what the site will look like. She noted that she would like to see what the buildings will look like in relation to the neighborhood. Ms. Fortin showed the Board a plan that showed a rendering of the proposed building in the context of the other buildings on the street,which they prepared for the SRA and the DRB. Walter Power stated that he likes the idea of the underground parking garage and asked about the construction. Mr. Belleau addressed the Board and explained that they are in the process of the design of the garage and explained that the construction would be similar to the material used in the big dig tunnel. He stated that they would be presenting the details of that at another meeting but that would be several months down the road. He suggested that they would accept a condition to come back and present the details of the parking garage to the Board. David Weiner expressed his concerns about a left turn out of the garage onto Derby Street, noting that it is a busy area. Arty. Grover stated that they would discuss that with the traffic department. • Ellen DiGeronimo questioned whether there was any contamination on the site. Arty. Grover • stated that the site is not as bad as one might think and there are funds reserved for the cleanup of the site. He noted that the DEP is involved in monitoring the cleanup of the site. Walter Power opened the hearing up for public comment at this time. Ward Seven City Councilor Joseph O'Keefe addressed the Board and expressed his concerns that the license to operate a gas station on that site should be surrendered and the equipment removed according to law. Atty. Grover stated that his client wishes to reserve the right to operate a gas station on the site if the permitting process is denied. He also noted that they are still within the time limit according to law. Councilor O'Keefe noted that they have a six-month window for that and also noted that he supports this project, he just wants to make sure that they follow the law. Dave Goggin addressed the Board and noted that he is the retired deputy fire chief for the City of Salem. He expressed his concerns about the history of the area and noted that the whole area is in the 100-year flood zone and there are no basements in the area that he is aware of. He cautioned the applicant to be careful. He also noted that the gas tanks are required to be removed from the site within six months after the operation of the gas station ceases. He also stated that he has some concerns about an underground parking garage. George Osgood addressed the Board and expressed his concerns about the ground water table. Councilor Arthur Sargent addressed the Board and stated that he supports the project and • expressed his concerns about building the parking garage. Ellen DiGcrommo asked if they have a sense of what the units will be marketed for. Mr. Belleau stated that he expects them to sell in the range of$450,000-$550,000. Walter Power asked if there would be HVAC units on the roof. Mr. Belleau stated that the mots would be screened and would be consistent with allowable noise levels in the area. City Planner Lynn Duncan addressed the: Board and stated that the plans have unproved significantly since she met with the developer. She asked the applicant what the status of the application was with DEP and if they expect approvalfrom them. Arty. Grover stated that they are willing to work with DEP and expect that they will get approval on this project. John Moustakis stated that he likes the idel'of the underground parking and noted that he hopes that it works out. Mr. Belleau stated that if the parking does not work out the project will be dead. Walter Power asked that they keep in mind the architecture of the neighborhood and suggested a nautical theme. City Planner Lynne Duncan stated that she would like to reserve the right for additional comment on this project and she would lie to take a closer look at it. Christine Sullivan stated that she wants to be sure that the permitting process is in sync with all other processes regarding this project. - , • There being no further questions or comments regarding this project a motion was made by John Moustakis to continue the public hearing to September 16, 2004, seconded by Ellen DiGeronimo. • Public Hearing—Site Plan Review—2&5 Water Street—North River Development Trust Arty. George Atkins addressed the Board and explained that the applicant is proposing to construct 14 residential condominiums townhouses on the site. He explained that they previously went before the ZBA for a variance for 17 units,which would have triggered a Form B as well as a Form C for a garden type special permit, however they have since reduced the number of units as is indicated in the filing and do not require the garden type special permit. Attorney Atkins submitted a letter withdrawing the application for the special permit. Arty. Atkins reviewed the ZBA approval with the Board. He noted that there is a comment regarding snow storage and since there is nowhere on the site to store snow it will be removed from the site and that condition will be written into the condo documents. He noted that they will meet with the City Engineer to clarify that matter. Arty. Atkins explained that the existing site is a former factory of 18,000 s.f. The other lot is 7,500 s.f Arty. Atkins noted that they have a parcel'on South Mason Street under agreement, which will be acted on after the fust of the year for tax purposes. Arty. Atkins noted that the ZBA had a concern. about the lack of outdoor space when they approved the plan for 17 units. He noted that the new plan has patio spaces and outdoor areas in the front of the property. He explained the locations on the plan. He also noted that there would be extensive landscaping along the boundary lines of the property and showed the Board a conceptual rendering of the site. Fie also noted that there will be two parking spaces for each wut. • Dan Barton, the Architect for the project addressed the Board and explained the design. He stated that he spent a day walking around Salem to get a feel for the City and what would be appropriate for this site. He stated that the style of the architecture is modeled after the federal vernacular. IIe explained the design to the Board. 11 . Vaclav Talacko explained the landscaping plan to the Board. He stated that there will be a fence along the perimeter of the property and evergreens and arborvitae will be planted as well. He also explained that the courtyard will have concrete pavers and there will be 12-foot high lantern fights. He also explained the utilities and the location and source of them. Arty. Atkins noted that the plans show that the fencing will be white vinyl however that has been changed and the fence will be wood stained. He also noted that there will be a sidewalk installed on the south side of Water Street to provide pedestrian access to Commercial Street. Ellen DiGeronimo asked about the drainage on the site. Arty. Atkins stated that they will be meeting with the City Engineer to review the drainage for the site. David Weiner stated that he would Eke to see oil and gas separators on the site. He also noted that he has difficulty driving around the site and stated that he did not see how they could improve things without widening the street. Mary Woodcock owner of Leslie's Retreat addressed the developer and questioned why they are tearing down the factory and not trying to work with it. Atty. Atkins addressed the question and • stated that they looked at renovating the existing building and found that it was not feasible from a construction point of view or a financial one. He explained that it would require a lot of costly • work and the building did not lend itself to the layout of the units. John Moustakis stated that he would like to have a site visit. Ellen DiGerothimo asked if there is any contamination on the site. Arty. Atkins stated that a 21E was done on the site and there is minimal contamination and the removal of it will be part of the demolition of the property. David Weiner asked if the property that is under agreement would be for additional condos. Arty. Atkins stated that the concept for that property has not been designed yet. Ellen DiGeronimo stated that this is an exciting project and will be nice for the neighborhood. She requested that the developer check the existing drain fines from the site to the North River. Walter Power read a letter from Staley McDermet regarding the proposed project. Atty. Atkins addressed Mr. McDermet's comments and stated that his client has a legal right to proceed and develop his property and does not have to wait to do that. He noted that the developer is willing to work with the people in the neighborhood and has demonstrated that. Walter Power read a letter from the Planning Department detailing concerns they have regarding the project. Christine Sullivan stated that the point-on visitor parking is well taken. Arty. Atkins stated that the • proposed purchase of additional property could solve that. John Moustakis addressed the Board and stated that the process of the North River Corridor has taken a long time, noting that he used to attend those meetings. He stated that he would like to see them develop the best they can for the area. Walter Power opened the hearing up for public comment at this time. Ward Six Councilor Mike Bencal addressed the Board and stated that the neighbors support this project. He stated that he appreciated the fact that the developer reduced the number of units for the project in consideration of the density of the neighborhood. Councilor Bencal also noted that there are dumping problems in the area and the reuse of the property will help that. He also commended the Salvation Army for their help on this and being a good neighbor. Laura Parent addressed the Board and stated.that she supports the project. She stated that she has lived on Mason Street for forty years and this is a great improvement. Polly Wilbur of 7 Cedar Street addressed the Board and expressed her concern about the impact the project will have on city services noting,that the schools spend $8,400 per year per student and this kind of density makes it a real money issue for the city. Jim Carey of 1 '/z Cambridge Street addressed the Board and stated that Mr. McDermet's letter was well crafted and was written in good taste. He stated that it is in inappropriate to cast aspersions on whether he fives in the area or not. • Mary Woodcock addressed the Board again and expressed her concerns about where the trash • receptacles would be placed on the site., Arty. Atkins explained that a private contractor would be removing the trash from the site. Andy Goldman of 11 Pearl Street addressed the Board and stated that he does not see the Planning Board as having much input when it comes to density in an area. He expressed concern about traffic and questioned if the Board has any,power to tell the developer to come back with a better plan with less units and a nicer design. John Moustahis agreed and stated that density is not in the jurisdiction of the Board and noted that the ZBA controls that. He also stated that the developer froze the zoning in that area so that he would be able to develop that site. Christine Sullivan stated that this is a complex situation and she realizes that there are issues in the area. She noted that the Planning Board is really going to have to take a careful look at this Arty. Atkins stated that the owner has a legal right to develop the site and noted that there is a legal process that he is undertaking to obtain variances and permits for the project and it is unfair to suggest that his client does not care about what he develops. John Moustakis clarified his comment regarding the freezing of the zoning noting that what the applicant did was legal. The Planning Board discussed dates and times to hold a site visit and decided to hold a site visit on Saturday,September 11,2004 at 9:00 a.m. • City Planner Lynne Duncan noted that Mr. McDermet's suggestion to flag the area was a good one and asked that the developer do that for the site visit. Continuation of Public Hearing—Wetlands and Flood Hazard Special Permit—4 Technology Way —Norman Dube Walter Power read a letter from the applicant requesting that the matter be continued to September 16,2004, as they expect Conservation Commission approval on September 9,2004. Christine Sullivan moved to continue the public hearing to September 16, 2004, seconded by Ellen DiGeronimo and approved. Continuation of Public Hearing—Stutz Volvo—Amendment to Site Plan Review Arty. Jack Keilty addressed the Board and reviewed:the history of the project. He referred to a memo from the Planning Department to the Board.and noted that it sums up the situation. He stated that they have filed as-built plans and ask that the Board approve them as submitted. Valerie Gingrich read a letter from the Department of Planning & Convnunity Development regarding the history of the project. Walter Power noted that this problem has been taking quite some time to solve and suggested that the applicant build a wall along the property line along the private way, two feet high and be stone faced with a fence. Ellen DiGeronimo stated that it bothers her that the Board approved a plan and it was not adhered • to. Atty. Barrett addressed the Board and stated that he is confused because two months ago the city solicitor was going to advise the Board and he has not seen a legal opinion. He noted that if the Board approves a plan and it is not followed they should vote down the proposed solution. John Moustakis noted that the legal opinion obtained was that it is a private way. Walter Power stated that he would like the Board to take action on the matter and clear this up. Lynne Duncan suggested that the Board voie to approve the amendment to the site plan with the condition that they construct the wall and fence along the private way as suggested by Walter Power. The Planning Board reviewed a draft decision for the project. Walter Power restated his proposal that calls for removal of the jersey barriers along Greenledge Street and the installation of a two-foot high, one'foot deep, capped masonry wall with black anodized industrial grade aluminum picket fence on top. He stated that specifications for the wall and the fence shall be submitted to the Department of Planning & Community Development for approval prior to installation. Arty. Keilty stated that the proposed wall and fence is a $50,000 project and they will appeal this. He suggested a chain link fence as is consistent with other fences in the area. • Atty. Keilty suggested that the Planning Board make a recommendation that the applicant price out the suggestion of the wall and fence and they will report back to the Board. Christine Sullivan moved to approve the draft decision as amended, seconded by Ellen DiGeroltimo and approved 6-1 with Gene Collins opposed. 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 David Weiner and approved. The meeting was adjourned at 10:00 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Planning Board PB090204 CITY, OF..SALEM. MA � GL€RK S OFFI:C;E `; CITY OF SALEM PLANNING BOARD 1004 JUL 12 P 3. 1 b Notice of Meeting You are hereby notified that the Salem Planning Board will hold its regular meeting on Thursday, July 15, 2004, at 7:00 PM in Room 313, Third Floor at 1120 Washington Street. )#"7VW4,X/V6 Walter B. Power, III Chairman Tentative Agenda: 1. Public Hearing—Form C —Definitive Subdivision & Cluster Residential Development & Wetland Special Permit-Dell Street—Bartlett & Steadman • Development Corp. 2. Continuation of Public Hearing—Wetlands & Flood Hazard Special Permit-4 Technology Way—Norman Dube 3. Continuation of Public Hearing—Site Plan Review-426 Essex Street—CVS Corporation 4. Approval of Minutes 5. Old/New Business This notice posted on "Official Bulleft Bo&rd" City Hall Ave., Salem, Mass. on Spy ra goo at 1b P, in accordant® with Chap, 36 gift 23A 239 of M:G.C, 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 0 WWW.SALEM.COM 3v� e CITY OF SALEM PLANNING BOARD MEMORANDUM TO: Planning Board Members FROM: Valerie Gingrich Department of Planning & Community Development DATE: July 8, 2004 RE: Agenda–July 15, 2004 The following is a brief description of the items, which are listed on the attached agenda. Please contact me at the Department of Planning & Community Development at 978-745-9595, extension 311, if you have any questions pertaining to the agenda items. If anyone needs a copy of the subdivision regulations or the zoning ordinance, please let me • know. Public Hearing—Definitive Subdivision, Cluster Residential Special Permit & Wetlands Special Permit—Dell Street—Bartlett & Steadman Development Corp. The proposed project includes the construction of 28 single-family homes with associated roadways, drainage and open space. The project proposes that Durkin Road will be extended into the subdivision and will serve as the only access point. The three new roadways will have a total length of 1,917 feet. The 28 lots range in size from 6,633 square feet to 13,185 square feet and the houses are proposed to be two story homes with 3-4 bedrooms. The proposal includes sidewalks on both sides of the street with landscape strips between the sidewalk and the street. Of the total area of the site (12.17 acres), 5.09 acres are proposed as open space. For your reference, I have included section 7-14 Cluster residential development from the Salem Zoning Ordinance in this packet. I have also enclosed an additional locus map of the area of the proposed development. Continuation of Public Hearing—Site Plan Review-426 Essex Street—CVS Corporation The proposed project includes CVS occupying the existing 14,130 square foot space (former grocery store), and the demolition of the existing 3,940 sq. ft. Liquor Mart to construct a double lane drive-thru. The former CVS space (7,800 sq. ft.) will be occupied by a specialty retail store. The parking layout has been adjusted to create two additional parking spaces to make the site unconforming by 47 parking • spaces instead of 49 spaces. The applicant will be seeking relief from the Zoning Board of Appeals from the parking requirements and the side setback requirements. They are scheduled to appear before the ZBA at their May 21"meeting. 1 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM • Comments from the Meeting on July 1": • A camera should be located at the rear of the building. The engineer was going to take the comment back to CVS. • The lighting levels in the rear of the building should be increased. • A crosswalk should be provided at the right side of the building • A fence should be located along the curb line • Trees should be planted on John Hickey's property • The southern curb cut should be restricted to allow no left turn onto Essex Street Additional Comments from the Office of the City Engineer: • The installation of landscape islands is not enough of a solution for stormwater runoff...the capacity of the system must be identified as well as downstream drainage conditions • Storm drain capacity has not been provided Comments from the Meeting on June 3": • The Board discussed whether there should be access to the adjacent park or not. • The applicants reported that they would be meeting informally with members of Historic Salem Inc. to discuss the fagade of the building. • The applicant was checking the turning radius of Salem's fire trucks and the turning radius at the rear of the proposed drive-thru • The board discussed the possibility of bollards being located in front of the store • Comments from the Meeting on May 20th: • Lighting should be added to the rear of the building for security • The dumpster located on the South side of the parcel should be moved behind the building (dumpsters are not allowed to be seen from the public right of way in the entrance corridor) DPCD Comments: ■ Entrance Overlay District Regulations apply to the project: o Landscaping requirements o Landscape screening shall be located along abutting parcels • Lighting types are not shown on the plans ■ Traffic Circulation—The corner of the building where the one-way flow meets the two-way flow, could be very dangerous. Also, the front left corner of the building could be dangerous and may require a stop sign. • The applicant should provide pedestrian crosswalks where appropriate Fire Prevention Comments: ■ Fire Department apparatus must be able to access the rear of the building (beyond the drive- thru) • The sprinkler system should be tested and altered to fit the fire load of the proposed property • • The fire alarm system should be tested and altered to fit the design of the proposed property Comments from the Office of the City Engineer: 2 ■ The submitted plans lack clarity. It is too difficult to distinguish between what is proposed and what is existing. • • How will traffic be addressed? (How will traffic queue on the site when red light on Highland). • What is the stabilization plan for the steep bank in the rear of the property?. ■ Water and sewer lines must be shown on the plans. ■ Details are missing from the plans regarding existing catch basins on Essex Street and at the rear of the site. ■ Details are missing from the plans regarding existing drainage lines from Essex Street and at the bank. Continuation of Public Hearing—Wetlands & Flood Hazard Special Permit-4 Technology Way—Norman Dube The proposed project includes the construction of a 9,900 square foot office and storage building at 4 Technology Way. Updated Information: The Conservation Commission discussed the proposed project at the their meeting on July 8, 2004 and the ConCom continued the public hearing because the applicant did not supply the necessary information regarding stormwater management. The application will be heard at the next ConCom meeting on July 22' . Comments from the July I"Meeting_ • • The Order of Conditions from the Conservation Commission will be referenced in the Planning Board's decision • The filtration device (oil/gas separator) must be reviewed and approved by the City Engineer. • The roof of the building should include a parapet to make it look like a flat roof. Comments from the Office of the City Engineer: • The applicant must supply pre and post development stormwater runoff analysis • Floor drains are for interior use only and cannot receive stormwater(roof, site, etc.) • Post development runoff must be reduced to equal or less than predevelopment levels • The applicant must show that any retention/detention structure will be constructed in a manner that is easy to inspect, operate and maintain • The utility connections will have to be inspected by the DPW • Two separate water lines off of the main will be necessary...one for domestic/potable and one for fire suppression • Additional detail is needed regarding the oil/gas separator and how it performs • Why stone and why are there catch basins in the stone area? • The final plans will have to be stamped by a registered professional engineer Comments from the Department of Planning & Community Development: • The applicant has not supplied the required determination of the seasonal high water table nor • the written report (Section 7-16 (e) (2 & 3)). • In the Wetlands district, the proposed development or use shall not include the storage of salt, 3 chemicals, petroleum products or other contaminating substances or discharge of any polluting • liquids or materials into streams, brooks, or wetlands (Section 7-16 (c) (5)). • The proposed grading for the site is not clear on the submitted site plan. The site plan shows runoff flowing directly into the wetlands. Comments from the Conservation Commission: The Conservation Commission is currently reviewing the application. The Con Com requested that the applicant submit a Stormwater management plan for review due to the amount of impervious surface being proposed for the site. The applicant will be heard at the next meeting of the Conservation Commission on July 8, 2004. Old Business—Proposed Scope of Services for the Traffic Study for the Osborne Hills Subdivision I have included a copy of the proposed scope for the traffic study for Osborne Hills. The Board conditioned preliminary approval of the cluster subdivision plan for Osborne Hills on reviewing the proposed scope for the traffic study for the subdivision. Please bring your comments to the meeting. • • 4 l • Salem Planning Board Minutes of Meeting Thursday,July 15,2004 A regular meeting of the Salem Planning Board was held on Thursday,July 15, 2004 in the third floor conference room at 120 Washington Street,Salem,Massachusetts at 7:00 p.m. Those present were: Chairman Walter Power, John Moustakis, Ellen DiGeronimo, Pam Lombardini, David Weiner, Paul Durand and Christine Sullivan. Also present were Staff Assistant Valerie Gingrich,and Eileen Sacco,Clerk. Members Absent: Chuck Puleo and Gene Collins Continuation of Public Hearing—CVS Corporation—426 Essex Street Patrick O'Leary addressed the Board and stated that they met with select members of Historic Salem and reviewed their plans with them. He also noted that the ZBA has approved the special permit for the drive through and he feels that they have made almost every requested concession has been met. He reviewed the changes to the plan and noted that a fence will be installed, as well as additional lighting in the rear of the building and a security camera will be installed. He explained that 11 wall packs have been added to the rear and side of the building which they feel is more than adequate. Mr. O'Leary also explained that they have two pedestrian walkways on the site which are fully ADA • compliant,which will be paved and striped. Mr. O'Leary reviewed the landscaping for the site. He noted that a lacquered ornamental fence has been added to the plan. Mr. O'Leary stated that the south entrance driveway will be a left turn only and the north entrance with be left and right,in and out. Mr. O'Leary stated that they met with the neighbors and have agreed to provide three evergreen trees and noted the proposed locations on the plans along the south side of the house and the owner can dictate the location during construction. Mr. O'Leary showed a rendering of the elevations of the project. He stated that the ballard fence will be removed from the roof and Historic Salem Inc. is excited about that. Walter Power noted that the Board had requested a second crosswalk. Mr. O'Leary stated that a small portion of the landscaping was removed for the walkway and reviewed the scope of the changes. He noted that the changes were needed for it to become ADA compliant. Walter Power stated that the islands broke up a very open expanse of the walkway and he would like some kind of demarcation such as granite curbing along the outside so it will be less daunting for the elderly. He also stated that he is concerned about snow plows taking it out. John Moustakis asked what kind of security camera they plan on installing. Mr. O'Leary stated that • he did not know the specifics of it at this time, but CVS has agreed to install it and it will be an active relay system. He also noted that the lighting in the rear of the building will be IOX what moonlight would be. J • Attorney Atkins stated that they are proposing a 28 unit cluster development and reviewed the history of the property. He stated that they have reduced their original proposal from 35 homes to 28 in response to concerns raised about the development. He explained that the cluster zoning allows for a reduction in size and frontage in exchange for more open space and noted that they are proposing three areas of open space as noted on the plan. Atty. Atkins noted that the maintenance of the open space would be written into the homeowners association documents. Atty. Atkins explained that Dell Street will be unconstrncted and Durkin Road will be extended. Mooney Road and Durkin Road will have increased traffic. He also noted that an added feature of the plan will be to mitigate some problems in the neighborhood, noting that we will find that Mr. Steadman is a quality craftsman and is sensitive to the concerns of the neighborhood. Walter Power read a letter from the Planning Department commenting on the proposal. David Weiner expressed his concerns about the locus on the plan being insufficient. He stated that he would like to see the cul—de-sac larger and this should be reviewed. Christine Sullivan agreed noting that she has seen one other that was worse and it was done by the same company. She also noted that she cannot tell where the wetlands are on this plan. John Moustakis questioned if there was any other property in the area that is owned by Mr. Steadman. Atty.Atkins stated that there is intervening property. • Walter Power opened the hearing up for public comment at this time. Richard Sacco of Circle Hill Road addressed the Board and expressed his concern about the possibility of this being low income housing. He stated that he does not want to see lesser valued homes than the ones that are already there. Atty. Atkins stated that this will not be subsidized housing. He estimated that the prices of the homes would range from $300,000-$500,000, noting that Mr. Steadman built a home at 12 Mooney Road that sold for$339,000 three years ago. A resident of 7 Durkin Road addressed the Board and expressed his concerns about the siding of the homes and the storage of campers,boats and satellite dishes. Pam Consearas of 8 Durkin Road addressed the Board and expressed her concerns about a buffer around the properties. Bill Jennings of 27 Crowdis Street addressed the Board and expressed his concerns about the wetlands and usable open space. Walter Power noted that the wetlands and a 100 foot buffer zone are noted on the plan. Mr.Jennings stated that he wants guarantees that when the other roads are built someone else will not put another 28 houses in there. • Diane Redican of 42 Crowdis Street addressed the Board and expressed her concerns about the open space locations. She stated that Mr. Steadman bought the property for $228,000 and he will make a huge profit on this. She also stated that the wetlands are across the street from her house. 3 J • Edmund Poleciewicz of Freeman Road addressed the Board and expressed concerns about his water problems. Dick Williams of 3 Thomas Circle addressed the Board and expressed his concerns about the infrastructure on Highland Avenue. He stated that the pipes are some 60 years old and he does not think they can handle the additional homes. Kathy Jennings addressed the Board and stated that she is concerned that the Planning Board meetings are the same night as City Council meetings. It was noted that the City Council has a summer meeting schedule and they do not usually meet on the same nights. There being no further questions or comments regarding this matter this evening, a motion was made by John Moustakis to continue the public hearing to September 2, 2004, seconded by Pam Lombardini and approved. Continuation of Public Hearing—Wetlands and Flood Hazard Special Permit—4 Technology Way Norman Dube Atty. Steve Lovely addressed the Board and explained that they expect to get an Order of Conditions from the Conservation Commission next Thursday. He showed the Board a rendering of the proposed building. Walter Power read an email from Joe Nerdon regarding this project. The following are the comments Mr. Nerdon recommended: • 1. The entire driveway/parking area should be paved so that there will not be an issue with erosion of surface material into the wetlands. 2. All site drainage should be tied into a central unit before connecting to the piped drain system that discharges into the wetlands on-site. A grit, sediment and trash removal unit would suffice to keep the wetland area from becoming overburdened with debris. There are several on the market and they can be sized appropriately for the site. Final approval for the unit can be done during the utilities permitting phase. 3. In order to reduce storm water runoff volume form the site the area immediately after the existing 30 inch drain outfall could be configured as a fore bay to create some detention time before being discharged into the wetland system at large. Northeast Mosquito Control can provide recommendations on proper configuration and maintenance. 4. As for the interior building floor drains they need to go through an oil and water separator unit before discharging into the city's sanitary sewer system. This is an entirely separate unit from the storm drain system and excludes ALL stormwater flow(roof&site). Arty. Lovely stated that they have met with the City Engineer and agreed to his suggestions. Ellen DiGeronimo stated that she has concerns about the Business Park Zoning and allowable use in relation to this project. She noted that Thermal Circuits and Salem Glass have invested a lot of money in their property and she is not sure that this type of business fits with the intent of the business park development. • Arty. Lovely stated that the use of the facility for the storage of materials is similar to Salem Glass storing materials on their property. 5 1 • Tony Kline of Thermal Circuits addressed the Board and stated that he appreciates Mr. Dube's business but noted that he has invested $1.2 million dollars in his building and is considering an expansion down the road, but not if the intent of the business park development is not maintained. He suggested property behind McDonald's on Canal Street may be a more suitable site for this business. Jeff Worthey, Executive Director of the Salem Chamber of Commerce addressed the Board and stated that it is important that the goals of the business park development are protected as well as the integrity of the business park and the investment that the city has made. There being no further questions or comments regarding this matter this evening a motion was made by John Moustakis to continue the public hearing to September 2, 2004, seconded by Pam Lombardini and approved. There being no further business to come before the Planning Board this evening a motion was made by Gene Collins to adjourn the meeting,seconded by John Moustakis and approved. The meeting was adjourned at 11:00 p.m. Respectfully submitted by: • Eileen M. Sacco,Clerk Salem Planning Board PB071504 • 7 0 3v� CITY OF SALEM PLANNING BOARD MEMORANDUM TO: Planning Board Members FROM: Valerie Gingrich Department of Planning & Community Development DATE: June 25, 2004 RE: Agenda—July 1, 2004 The following is a brief description of the items, which are listed on the attached agenda. Please contact me at the Department of Planning & Community Development at 978-745-9595, extension 311, if you have any questions pertaining to the agenda items. REMINDER: WE WILL BE HOLDING A SITE VISIT AT 6:00 PM ON • THURSDAY, JULY 1St AT 426 ESSEX STREET-CVS CORP. Continuation of Public Hearing—Form C—Definitive Subdivision—Saunders &Pearl Streets The applicant is expected to continue the public hearing. Form A—Hillside Road—Michael Lutrzykowski & Kevin O'Donnell This Form A plan divides the abandoned street, Hillside Road, into two non-buildable lots, which are to be combined with the adjacent lots. Lot A, which consists of 1,691 square fee twill be combined with Lot 11 at 7 Hillside Avenue to create a total of 8,297 square feet. The frontage for this lot will be increased by 17 feet to create a total of 82 feet along Hillside Avenue. Lot B consisting of 3,420 square feet will be combined with the parcel at 5 Hillside Avenue to create a new lot with 13,957 square feet. The frontage for this lot will be increased by 23 feet to make a total of 98 feet along Hillside Avenue. Continuation of Public Hearing—Site Plan Review-426 Essex Street—CVS Corporation The proposed project includes CVS occupying the existing 14,130 square foot space (former grocery store), and the demolition of the existing 3,940 sq. ft. Liquor Mart to construct a double lane drive-thru. The former CVS space (7,800 sq. ft.) will be occupied by a specialty retail store. The parking layout has been adjusted to create two additional parking spaces to make the site unconforming by 47 parking spaces instead of 49 spaces. The applicant will be seeking relief from the Zoning Board of Appeals from the parking requirements and the side setback requirements. They are scheduled to appear before the ZBA at their May 21" meeting. • Comments from the Meeting on June 3": • The Board discussed whether there should be access to the adjacent park or not. • The applicants reported that they would be meeting informally with members of Historic Salem 1 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM Inc. to discuss the fagade of the building. • • The applicant was checking the turning radius of Salem's fire trucks and the turning radius at the rear of the proposed drive-thru • The board discussed the possibility of bollards being located in front of the store Comments from the Meeting on May 20th: • Lighting should be added to the rear of the building for security • The dumpster located on the South side of the parcel should be moved behind the building (dumpsters are not allowed to be seen from the public right of way in the entrance corridor) DPCD Comments: ■ Entrance Overlay District Regulations apply to the project: o Landscaping requirements o Landscape screening shall be located along abutting parcels ■ Lighting types are not shown on the plans ■ Traffic Circulation—The comer of the building where the one-way flow meets the two-way flow, could be very dangerous. Also, the front left corner of the building could be dangerous and may require a stop sign. ■ The applicant should provide pedestrian crosswalks where appropriate Fire Prevention Comments: • ■ Fire Department apparatus must be able to access the rear of the building (beyond the drive- thru) • The sprinkler system should be tested and altered to fit the fire load of the proposed property ■ The fire alarm system should be tested and altered to fit the design of the proposed property Comments from the Office of the City Engineer: ■ The submitted plans lack clarity. It is too difficult to distinguish between what is proposed and what is existing. • How will traffic be addressed? (How will traffic queue on the site when red light on Highland). ■ What is the stabilization plan for the steep bank in the rear of the property? • Water and sewer lines must be shown on the plans. ■ Details are missing from the plans regarding existing catch basins on Essex Street and at the rear of the site. ■ Details are missing from the plans regarding existing drainage lines from Essex Street and at the bank. The stormwater calculations are currently being reviewed by the Engineering Department. Public Hearing—Wetlands & Flood Hazard Special Permit-4 Technology Way—Norman Dube The proposed project includes the construction of a 9,900 square foot office and storage building at 4 Technology Way. • Comments from the Department of Planning & Community Development: • The applicant has not supplied the required determination of the seasonal high water table nor the written report (Section 7-16 (e) (2 & 3)). 2 • In the Wetlands district, the proposed development or use shall not include the storage of salt, chemicals, petroleum products or other contaminating substances or discharge of any polluting oil or materials into streams, brooks, or wetlands (Section 7-16 (c) (5)). • The proposed grading for the site is not clear on the submitted site plan. The site plan shows runoff flowing directly into the wetlands. Comments from the Conservation Commission: The Conservation Commission is currently reviewing the application. The Con Com requested that the applicant submit a Stormwater management plan for review due to the amount of impervious surface being proposed for the site. The applicant will be heard at the next meeting of the Conservation Commission on July 8, 2004. Continuation of Public Hearing--Site Plan Amendment—Stutz Volvo-309 Highland Avenue/4-5 Greenledge Street-Stutz Plaisted. Updated Information: At the last meeting, the board continued the public hearing in order to allow the applicant and the abutters additional time to negotiate. • • 3 Salem Planning Board Minutes of Meeting Thursday, July 1, 2004 A regular meeting of the Salem Planning Board was held on Thursday, July 1, 2004 in the third floor conference room at 120 Washington Street, Salem, Massachusetts at 7:00 p.m. Those present were: Chairman Walter Power,Ellen DiGeronimo, Gene Collins, Pam Lombardini,David Weiner, Chuck Puleo and Christine Sullivan. Also present were Staff Assistant Valerie Gingrich, and Eileen Sacco, Clerk. Members Absent: John Moustakis, Paul Durand Continuation of Public Hearing—Form C—Definitive Subdivision—Saunders and Pearl Streets Chairman Walter Power read a letter from Attorney Jack Keilty requesting a continuation on this matter until September 2, 2004. Chuck Puleo moved to continue the public hearing to September 2, 2004, seconded by David Weiner and approved. Form A—Hillside Road—Michael Lutrzykowski and Kevin O'Donnell Mr. Lutrzykowski addressed the Board and explained that he has been working with the city to get Hillside Road discontinued as a paper street. He explained that approximately 1,691 s.f. would go to Mr. O'Donnell and the rest would go to him. He noted that he is acquiring the land in order to have a wider • driveway, as his present parking is on a hill and it is difficult for his wife. Walter Power questioned what the process was for discontinuing a paper street. Mr. Lutrzykowski explained that he has been working with City Councilor Leonard O'Leary and former City Solicitor John Keenan to discontinue the road. He explained that three or four meetings were held with the City Council Committee on Government Services and last Thursday they gave their final approval. He also noted that there is no opposition to the plan. Walter Power asked where Mr. Lutrzykowski's property ends. He explained that he owns up to the line of the street. Ellen DiGeronimo asked what is planned for the remainder of the street. Mr. Lutrzykowski stated that they are only discontinuing the street to the lot line. There being no further questions or comments regarding this matter a motion was made by Christine Sullivan to approve the Form A, seconded by Ellen DiGeronimo and approved. Continuation of Public Hearing—CVS Corporation—426 Essex Street Patrick O'Leary addressed the Board and reviewed the changes made to the plans since the last meeting. He noted that they have added a stop bar and signage as well as a do not enter sign at the other end of the drive through. He also noted that they plan on connecting to the existing fence into the ledge near Splaine park and they have moved the dumpster to the back corner of the site. Mr. O'Leary also reported that the City Engineer requested a video recording of the drain and sanitary lines on the site and that has been done and a report will be submitted to the City Engineer. • l • Mr. O'Leary reviewed the rendering of the proposed elevations of the building. He explained that the landlord has been involved in the process and the final version of the other side of the building (the present CVS store)cannot be determined at this time since they do not have a tenant for that space. Chuck Puleo suggested that the entrance for the other side should be looked at since the new entrance is on the front of the building. Mr. O'Leary stated that the new entrance for that space would have to be determined by the new tenant. Christine Sullivan asked if the rendering was the exact color of what the brick will be. Mr. O'Leary stated that it is computer generated and the color will not be that bold. David Weiner noted that there appears to be two dumpsters on the plan. Mr. O'Leary explained that one is for cardboard waste and they will be picked up weekly with a front load pick up. He explained that the access for the area would be from the exit of the drive through. Christine Sullivan also noted that there appears to be a fence on the roof of the building. Mr. O'Leary explained that it is a decorative baluster and is conceptual. He noted that when members of Historic Salem Inc. reviewed the plan they asked that it be removed and it will be removed from the plans. Christine Sullivan addressed Mr. O'Leary and expressed her concern about the pick up window in the back of the building. She noted that she is particularly concerned about security back there noting the surroundings and asked if there were any plans for cameras or lighting back there. Mr. O'Leary stated that they are planning for wall pack lights and spotlights on the back of the building. He also noted that they are opening up the visibility of the area by demolishing a portion of the building and they feel it will be fully lit. He also noted that there are service doors in the rear of the building. • Pam Lombardini addressed Mr. O'Leary and stated that she was amazed that they would not consider cameras back there noting that she is concerned about drug robberies. She urged them to address the matter with CVS and see if they can come to some agreement about that. Christine Sullivan stated that the lighting plan met appropriate lighting standards so why not light the back as well. Mr. O'Leary stated that the CVS standard is to have their parking areas well lit. He stated that they will raise the foot candles in the back of the building. Christine Sullivan stated that she wants to be sure that that does not affect the neighbors. Walter Power expressed his concern about the parking area and noted that it is a busy corridor and he feels that it is daunting for people to get through and would like to see a pedestrian walkway in the parking area to get to the building from the north end of the lot similar to the one that was agreed upon for the south end of the lot. Mr. O'Leary stated that they would look at that, noting that they might lose two parking spaces and that would require a variance or they would lose some landscaping. Atty. Zack stated that he is not sure that CVS has the tolerance to go back and start a variance process, noting that it is a time consuming process and it could set the project back six months. Karen Mann of CVS stated that they would take the plan back to CVS and look at that. Ellen DiGeronimo stated that she feels that it is incumbent on the Planning Board to relinquish some of the green space to accommodate pedestrian access. Walter Power asked if the Board would be willing to do that. Christine Sullivan moved to agree give up some green space on the property to accommodate the pedestrian walkway, seconded by Ellen DiGeronimo and approved. • 2 • Walter Power noted that the Board normally tries to beautify parking areas with fencing to improve the streetscape and suggested a four-foot industrial grade decorative fence be installed. Mr. O'Leary stated that he would have the landscape architect look at that. The Board reviewed a letter from the Planning Department. Walter Power stated that he would like to see a rendering of the property including a fence. Walter Power opened the hearing up for public comment at this time. Ward Two Councilor Mike Sosnowski addressed the Board and stated that the neighbors would rather see more open space than a pedestrian walkway. David Hart of Historic Salem Inc. addressed the Board and stated that he and Dan Riccadeli met with CVS informally and reviewed the plans and they would like a little time to review the changes to the plans that have been presented this evening. Jim Canty of 1%2 Cambridge Street addressed the Board and expressed his concerns about traffic and access to the site, noting that it has always been a problem. Walter Power explained that they have two curb cuts and traffic cues in all directions towards the lot. Mr. O'Leary explained that they have redesigned the parking area with a hammerhead configuration. Walter Power suggested that they should consider limiting left hand turns out of the south entrance and have all left turns go to the north entrance. Betsy Burns of 22 Beckford Street addressed the Board and asked if they would be using lantern or period lighting on the site. Mr. O'Leary stated that they would be using decorative lighting on the site. • Mrs. Bums also asked if they would consider changing the color of the CVS sign to dark green or black with gold lettering, noting that Dunkin Donuts did that downtown and it would be a tremendous addition. Mr. O'Leary stated that the red and white CVS signs are an identifying mark and they usually deter from that if required by zoning regulations. John Hickey of 420 Essex Street addressed the Board through an interpreter and requested that they add some trees on the side of Salem Five side of the property. Mr. O'Leary stated that the landlord does not own the area and Salem Five owns it. He stated that they are willing to donate some trees. Mr. Hickey agreed that he would allow trees to be planted on his property. Mr. Hickey also questioned if the proposed bus stop on Essex Street would have seating with an enclosed shelter noting that people sit on his front porch to wait for the bus. Mr. O'Leary stated that they are working with the MBTA on that and handicapped access has to be considered. Dan Winterell of 390 Essex Street addressed the Board and expressed his support for the project. David Weiner complimented the CVS planning team and stated that the plans have gotten better every time they come in. There being no further questions or comments regarding this plan this evening a motion was made by David Weiner to continue the public hearing to July 15, 2004, seconded by Ellen DiGeronimo and approved. Public Hearing—Wetlands and Flood Hazard Special Permit—4 Technology Way—Norman Dube • Atty. Steve Lovely addressed the Board and explained that they are in the process of meeting with the Conservation Commission and have preliminary approval of the plan. He explained the circumstances 3 • of their appearing before the Planning Board and noted the 1977 Dr. Jerome Long map. He also noted that he was under the impression that Fafard had gotten all of the approvals for the property and this was overlooked. He also stated that it is his understanding that Thermal Circuits and Salem Glass did not get this special permit. Any. Lovely stated that the Conservation Commission continued the public hearing to await the results of the Planning Board decision. He also noted that they feel that the topography is different from the depiction on Dr. Longs maps. Atty. Lovely explained to the Board that they have a time constraint as they have to close by July 30, 2004 and the owner will grant no extensions. He requested that the Board approve the plan this evening and issue a letter to the Conservation Commission if there are any issues. Chuck Faia of Parsons and Faia addressed the Board and explained the plans. He explained that they have plans for a stromwater management system with oil and gas traps and the management of suspended solids. He also noted that there will be no storage of materials on the site, explaining that asphalt will be picked up at Aggregate Industries. Walter Power stated that he would like to see a rendering of the building. He also explained that the usual process of the Planning Board is to wait and see the Order of Conditions from the Conservation Commission and the Board should do a site visit. Walter Power opened the hearing up for public comment at this time. • Atty. Jeffery Shribman addressed the Board and stated that he is representing Salem Glass. He explained that they are concerned that allowing this project to go on will set a precedent, noting that the business park was intended for large buildings and this is a 9,900 s.f. building and there are 50,000 s.f. buildings on the site. He also questioned if this is a permitted use in a Business Park District and does not see how it complies. He further noted that they feel that this addition will decrease the property values of the companies who have invested there. He also expressed his concern about the storage of equipment on the site. Arty. Lovely stated that equipment would be stored inside the building and his client understands that. Walter Power read a letter from the Building Inspector. Atty. Shribman stated that the Business Park Development is not artfully written and questions the use of a warehouse. Atty. Lovely addressed the Board and noted that the Salem Glass operation stores trucks inside and outside of the building. Jim Miller owner of Salem Glass addressed the Board and stated that he is sympathetic to what Mr. Dube is trying to do. He stated that his objection is the type of business and the location of it, noting that the intent of the business park is to bring business to Salem and he did not feel that a garage would stimulate business and the development of the rest of the park. Walter Power asked the Planning Department to get a copy of the Business Park Zoning Ordinance for the members of the Planning Board. He also questioned if there was any restriction on Mr. Fafard breaking up the lots. Walter Power asked what percentage of the building would be used for office space. Mr. Dube • estimated that 30% of the building would be used for office space. 4 • There being no further questions or comments regarding this matter a motion was made by Chuck Puleo to continue the public hearing to July 15, 2004, seconded by Gene Collins and approved. Continuation of Amendment to Site Plan Review Decision — 309 Highland Avenue/4-5 Greenledge Street—Mr. Stutz Plaisted Atty. Jack Keilty addressed the Board and explained the history of the property, noting that the applicant Mr. Plaisted deviated from the approved plan. He stated that he met with counsel for the neighbors and they were unable to resolve the matter. He requested that the Board either approve the site as it is today including the Jersey barriers for security purposes and let the chips fall where they may. He also asked that the Board consider the existing fence as it does not exceed zoning. Walter Power asked if the barbwire could be removed from the fence. Atty. Keilty stated that they could take that off. David Weiner asked what would happen if the Board does not approve the plan. Atty. Keilty stated that it would probably be appealed. Walter Power stated that he is not sure that the Planning Board has jurisdiction because it is a private way and he is not sure the Board can approve this. Ellen DiGeronimo stated that it is a little unsettling that the Board approve this in good faith and have these issues come up, noting that she was not on the Board when it was approved. Walter Power stated that the Board approved the project because they thought it was a public way. He suggested that the • Board bring closure to this and ask the City Solicitor for his opinion on the entire process and Planning Board's jurisdiction now that the road has been determined to be a private way. There being no further questions or comments regarding this matter a motion was made by Christine Sullivan to continue the public hearing to September 2, 2004, seconded by Ellen DiGeronimo and approved. There being no further business to come before the Planning Board this evening a motion was made by Pam Lombardini to adjourn the meeting, seconded by Christine Sullivan and approved. The meeting was adjourned at 10:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Planning Board PB070104 • 5 --GIT-Y'OF SALEM. MA • CITY OF SALEM CLERK's 0FI lCE ; PLANNING BOARD 1004 JUN 15 P 12 03 Notice of Meeting You are hereby notified that the Salem Planning Board will hold its regular meeting on Thursday, June 17, 2004, at 7:00 PM in Room 313, Third Floor at 120 Washington Street. W �VW4_a. /V6 Walter B. Power, III Chairman 6:00 PM—Site Visit-426 Essex Street--CVS Corporation Tentative Agenda: 1. Form A-430-436 Essex Street—William J. Creedon, Jr. & Virginia M. Manning • 2. Public Hearing—Wetlands & Flood Hazard Special Permit-20 Pierce— Massachusetts Electric Company (A National Grid Company) 3. Continuation of Public Hearing—Wireless Special Permit-40 Rear Highland Avenue—Sprint PCS 4. Continuation of Public Hearing—Site Plan Review-426 Essex Street—CVS Corporation 5. Continuation of Public Hearing--Site Plan Amendment—Stutz Volvo-309 Highland Avenue/4-5 Greenledge Street-Stutz Plaisted 6. Approval of Minutes r 7. Old/New Business ■ Discussion of Recommendation to the City Council Regarding the Proposed Conservation Overlay District for the Salem Woods WICO Qas4t�' "OVcial BU119*1 B6111fdo. Hal; f SaleMrM4 on JUN 15 2004 a � ,a 3 Vrh Ian a cfD. Wdh OW#b 30 ft& A � 23B O�M.G.I. �• ,_... r 120 WASHINGTON STREET, SALEM, MAS ACHusETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 • WWW.SALEM.COM �v� a CITY OF SALEM PLANNING BOARD MEMORANDUM TO: Planning Board Members FROM: Valerie Gingrich Department of Planning & Community Development DATE: June 11, 2004 RE: Agenda–June 17, 2004 The following is a brief description of the items, which are listed on the attached agenda. Please contact me at the Department of Planning & Community Development at 978-745-9595, extension 311, if you have any questions pertaining to the agenda items. REMINDER: WE WILL BE HOLDING A SITE VISIT AT 6:00 PM ON THURSDAY,JUNE • 17Th AT 426 ESSEX STREET—CVS CORP. Form A-430-436 Essex Street—William J. Creedon, Jr. & Virginia M. Manning This Form A plan divides the existing parcel, into two new lots (Lot Al and Lot A2). The parcel contains two primary structures, which were built prior to the adoption of the subdivision regulations. According to the subdivision regulations, "The division of a tract of land on which two or more buildings were standing when the subdivision control law went into effect in the City of Salem in separate lots on each of which one of such buildings remains standing, shall not constitute a subdivision." Therefore, the parcel can be divided as shown on the attached Form A plan and does not have to meet the zoning requirements. Public Hearing—Wetlands & Flood Hazard Special Permit-20 Pierce—Massachusetts Electric Company (A National Grid Company) The improvements proposed include the placement of a cap over portions of contaminated areas on the 15.9-acre site, extension of an existing unused low pressure gas line and associated buildings, grading, an upgrade to the stormwater management system for the site, loading lock expansion and repaving of the driveway and some facility improvements. Comments from the Conservation Commission: The application was reviewed and approved without special conditions by the Salem Conservation Commission on May 27, 2004. Comments from the office of the City Engineer: The Engineering Department has met with the • applicant regarding their drainage alteration plan. The following comments were received: 1 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 • WWW.SALEM.COM 1) Site drainage calculation, data and Civil PE stamp & signature summarizing pre and post • construction site drainage conditions and impacts for both a 25-year and 100-year storms. We do not intend to have the physical drain piping nor the Vortechnics units sized for the 100-year storm but rather the extent of surface impacts related to the extensive new impervious areas. We may want to see an edging berm to confine some of the storm to the site. This will not be known until the revised calcs and summary are submitted. The extent of tidal impacts is also not known and should be considered. 2) On-going site access by the City to inspect and review the performance of the Vortechnics drainage structure and the outfall pipe Tideflex gate valves. Both are fairly new products to the market and the City would like to have more knowledge related to their performance. 3) The site plan needs to be revised to reflect Salem Con Com conditions, particularly in regards to the on-going operation and maintenance of the Vortechnics storm water structures. Reference to the recorded deed that the conditions are made part of should also be noted. The City would like the owners to perform, at a minimum, semi-annual inspections and maintenance. Continuation of Public Hearing—Wireless Special Permit-40 Rear Highland Avenue—Sprint PCS The project includes the installation of three (3) antenna arrays consisting of three (3) antennas each, and a 15'x 25' enclosed area to house communication equipment on the roof of the existing Fairweather Apartments building located at 40 Rear Highland Avenue. Updated Information: The board requested drawings that are clearer and show the existing antennas • with the proposed antennas on the rooftop at 40R Highland. Continuation of Public Hearing—Site Plan Review-426 Essex Street—CVS Corporation The proposed project includes CVS occupying the existing 14,130 square foot space (former grocery store), and the demolition of the existing 3,940 sq. ft. Liquor Mart to construct a double lane drive-thru. The former CVS space (7,800 sq. ft.) will be occupied by a specialty retail store. The parking layout has been adjusted to create two additional parking spaces to make the site unconforming by 47 parking spaces instead of 49 spaces. The applicant will be seeking relief from the Zoning Board of Appeals from the parking requirements and the side setback requirements. They are scheduled to appear before the ZBA at their May 21" meeting. Comments from the Meeting on June 3": • The Board discussed whether there should be access to the adjacent park or not. • The applicants reported that they would be meeting informally with members of Historic Salem Inc. to discuss the fagade of the building. • The applicant was checking the turning radius of Salem's fire trucks and the turning radius at the rear of the proposed drive-thru • The board discussed the possibility of bollards being located in front of the store Comments from the Meeting on May 20th: • Lighting should be added to the rear of the building for security • The dumpster located on the South side of the parcel should be moved behind the building (dumpsters are not allowed to be seen from the public right of way in the entrance corridor) 2 DPCD Comments: ■ Entrance Overlay District Regulations apply to the project: o Landscaping requirements o Landscape screening shall be located along abutting parcels ■ Lighting types are not shown on the plans • Traffic Circulation—The corner of the building where the one-way flow meets the two-way flow, could be very dangerous. Also, the front left corner of the building could be dangerous and may require a stop sign. ■ The applicant should provide pedestrian crosswalks where appropriate Fire Prevention Comments: ■ Fire Department apparatus must be able to access the rear of the building (beyond the drive- thru) ■ The sprinkler system should be tested and altered to fit the fire load of the proposed property ■ The fire alarm system should be tested and altered to fit the design of the proposed property Comments from the Office of the City Engineer: ■ The submitted plans lack clarity. It is too difficult to distinguish between what is proposed and what is existing. ■ How will traffic be addressed? (How will traffic queue on the site when red light on Highland). • What is the stabilization plan for the steep bank in the rear of the property? • • Water and sewer lines must be shown on the plans. ■ Details are missing from the plans regarding existing catch basins on Essex Street and at the rear of the site. • Details are missing from the plans regarding existing drainage lines from Essex Street and at the bank. The stormwater calculations are currently being reviewed by the Engineering Department. Continuation of Public Hearing--Site Plan Amendment—Stutz Volvo-309 Highland Avenue/4-5 Greenledge Street-Stutz Plaisted. Updated Information: At the last meeting, the applicant agreed to remove the barbed wire from the fence along Greenledge Street. The board and the applicant also discussed possible treatments to the chainlink fence and jersey barriers. 3 • Salem Planning Board Minutes of Meeting Thursday,June 17, 2004 A regular meeting of the Salem Planning Board was held on Thursday, June 17, 2004 in the third floor conference room at 120 Washington Street, Salem, Massachusetts at 7:00 p.m. Those present were: Chairman Walter Power,Ellen DiGeronimo, Gene Collins,Pam Lombardini,Chuck Puleo, John Moustakis, and Christine Sullivan. Also present were Staff Assistant Valerie Gingrich, and Eileen Sacco, Clerk. Members Absent: David Weiner,Paul Durand Form A—William Creedon, Virginia Manning—430-436 Essex Street Attorney Jerome Twomey addressed the Board and explained that this property precedes any zoning codes as it was constructed in 1918 and has remained the same. He noted that the auto repair building and the residence have separate owners. He also noted that there is no anticipated change of use in the property. Ellen DiGeronimo asked how many families live on the property. Mr. Twomey stated that there are six units. Chuck Puleo noted that there is no parking on the site and asked how they plan to handle that. Mr. • Twomey stated that there is some parking in the rear and the tenants park across the street on Jackson Street. There being no further questions or comments regarding this matter a motion was made by Christine Sullivan to approve the Form A for 430-436 Essex Street, seconded by Ellen DiGeronimo and approved. Public Hearing—Wetland and Flood Hazard Special Permit—20 Pierce Street—Massachusetts Electric Mr. Ken Fields and Mr. Ken Lento addressed the Board and explained the plans. Mr. Fields explained the locations of the work areas on the plans as well. Mr. Lento explained that the plans call for the use of a geosynthetic clay liner and the regrading and paving of the site. He also explained the proposed stormwater management system for the site. He also noted that an existing gas pipe on the site will be upgraded with a low-pressure six-inch line and they will be in compliance with all state regulations. He further noted that the water would be cleaner when it is discharged. John Moustakis questioned what they are covering and how did it get there. Mr. Lento explained that in 1988 they started this process by testing the site that is the site of a former gas plant that produced gas from coal. He explained that the plant was demolished in the early 1970's and was converted to a natural gas storage facility. He explained that they have been assessing the site and they determined that capping the site is the best option. He stated that excavating the material is a high risk and cost prohibitive. • John Moustakis stated that we have no history of how long these membranes last and noted that the city has a history of taking a case like this to court. • Mr. Lento stated that their risk assessments show that there is no risk to human health or environmental public welfare. Christine Sullivan questioned who deemed it safe. Mr. Lento stated that it is part of the Massachusetts contingency plan and there are guidelines that have to be followed. Elizabeth Greene from Massachusetts Electric addressed the Board and stated that the site has been investigated and the goal is to contain the contaminants with several remedial procedures. Christine Sullivan asked if there was a triggering event, which lead to this. Ms. Greene stated that this is the last stage of the remediation process that has gone on for several years. Ellen DiGeronimo asked about the area on the perimeter of the property. Mr. Lento explained that there is a subsurface wall to prevent the contaminants from migrating and another wall on the Mass Electric property with a treatment structure to treat the ground water. He also explained that ongoing maintenance of the system will take place as well as the monitoring of the site until the remedial objective is achieved. Christine Sullivan questioned the long-term awareness of the site, asking how anyone would know what is there in the future. Mr. Lento stated that there would be a deed restriction on the plan indicating that proper removal of materials is required. John Moustakis stated that he would like more information on the clay liner and the process of installing it. He also stated that he would like some information on the history of the success of using it because he is not convinced that it is going to stay that way. • Mr. Lento explained that the clay liner acts as an inhibitor and there would be no plastic used on this site. He also explained that they are doing this to stabilize the hazardous material because it is the right thing to do, noting that they could just put a use restriction on the property. He further noted that this would be monitored forever. Walter Power asked if there was any erosion potential. Mr. Lento explained that it would be domed and they would be collecting runoff through the storm drain. Chuck Puleo questioned at what point in the future can either company walk away from the site, and could the property be used for another use. Mr. Lento stated that a new use would have to comply with the activity and use limitations in place. He also noted that the liability associated with the contamination would be owned by National Grid forever. Walter Power noted that the gas tank on the site is still in use. Mr. Lento explained that the liquid natural gas is trucked into the site. Walter Power noted that the City Engineer has some issues. Mr.Lento stated that they provided the City Engineer with information today relative to the new equipment. John Moustakis stated that the Board should have a site visit. Christine Sullivan asked about the security of the site. Mr. Lento stated that the site is secure, and although Mass Electric does not own the property they are responsible for the contamination, explaining that the site was formerly Salem Gas and Electric and the responsibility for the contamination transferred to Mass Electric when the purchased the site. • • Walter Power opened the hearing up for public comment at this time. There was no one present who wished to speak on the matter. There being no further questions or comments regarding this matter a motion was made by Gene Collins to close the public hearing, seconded by Ellen DiGeronimo and approved. Ellen DiGeronimo moved to approve the Wetlands and Flood Hazard Special Permit for Massachusetts Electric/20 Pierce Street, seconded by Chuck Puleo and approved. Continuation of Public Hearing—Wireless Communications Special Permit—40R Highland Avenue Mr. Dan Schwiegard addressed the Board and explained the revised plans. He explained that he took pictures of the site and noted that they are using the same equipment as the other companies on that building. He also noted that the AT&T equipment that is there has been moved since he first visited the site. Christine Sullivan noted that she asked to see a picture of the building with the antennas on top and a simulation of the additional equipment. She noted that the pictures presented this evening do not show the equipment very well. Mr. Schwiegard explained that the equipment is not visible from the street. Walter Power opened the hearing up for public comment at this time. There was no one present who wished to speak on the matter. There being no further questions or comments regarding this matter a motion was made by Gene Collins • to close the public hearing, seconded by Ellen DiGeronimo and approved. Gene Collins moved to approve the Wireless Communications Permit for 40R Highland Avenue, seconded by John Moustakis and approved. Continuation of Public Hearing—CVS Corooration—426 Essex Street Walter Power read a letter from CVS asking for a continuation to the meeting on July 1, 2004 and to hold a site visit prior to the meeting on July 1, 2004. Gene Collins moved to continue the public hearing to July 1, 2004 and hold a site visit at 6:00pm on July 1, 2004, seconded by Ellen DiGeronimo and approved. Continuation of Amendment to Site Plan Review Decision — 309 Highland Avenue/4-5 Greenledge Street—Mr. Stutz Plaisted Atty. Jack Keilty addressed the Board and noted that at the last meeting the question was raised as to whether or not adequate notice had been given to the abutters. He noted that there has been the ongoing question as to whether the street is a public or private way even though the city lists it as public. Atty. Keilty also noted that the issue of the Jersey barriers that were installed to secure the vehicles on the property is still a question. He explained that the neighbors have hired an Attorney who is present this evening and they would like to continue the matter to July 1, 2004 in order to make one last attempt to settle the matter. 0 • Attorney Tom Barrett addressed the Board and stated that he was retained this week and has not had time to fully assess the situation. He stated that he has done some title work on the property and has more to do and he would like to sit down with the parties to solve this. Christine Sullivan moved to continue the matter to July 1, 2004, seconded by Ellen DiGeronimo and approved. Old/New Business The Planning Board reviewed and amended a letter to the City Council regarding the overlay district for the Salem Woods. Chris Burke addressed the Board and made comments regarding the letter. He expressed his concerns that former City Solicitor John Keenan submitted a draft opinion to the Board and he thinks there is a fundamental flaw in it, being that an RC-RI district says that a golf course can be built on any park in the city under the zoning. He stated that the overlay district protects the conforming use as a park and is consistent with state law. He stated that there needs to be clarification on the issue. John Moustakis objected to the Planning Board taking advice from Mr. Burke. Walter Power stated that he felt that if there is a solution to this and Mr. Burke has information on how to solve it, he would like to hear it. Ellen DiGeronimo stated that she felt that it is incumbent on the City Council to work with the Park and Recreation Commission on this. Mr. Burke stated that he does not think that Atty. Keenan intended for the Planning Board to rely on a • draft opinion. Christine Sullivan stated that she feels that this is a short-term solution that will require Park and Recreation to go to the City Council. Walter Power stated that he would like the city to petition the legislature to make a permanent solution for this. Christine Sullivan stated that she is not comfortable enough with her knowledge of the process. There being no further questions or comments regarding this matter a motion was made by John Moustakis to adjourn the meeting, seconded by Pam Lombardini and approved. The meeting was adjourned at 10:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Planning Board PB061704 • . o CITY OF SALEM • CITY OF SA,LE'I'I• MA PLANNING BOARD CLERK'S ©FFICIE i ,1004 JUN 29. A 10: 21 Notice of Meeting You are hereby notified that the Salem Planning Board will hold its regular meeting on Thursday, July 1, 2004, at 7:00 PM in Room 313, Third Floor at 120 Washington Street. Walter B. Power, III Chairman 6:00 PM—Site Visit-426 Essex Street—CVS Corporation Tentative Agenda: 1. Continuation of Public Hearing—Form C—Definitive Subdivision—Saunders &Pearl • Streets 2. Form A—Hillside Road—Michael Lutrzykowski & Kevin O'Donnell 3. Continuation of Public Hearing—Site Plan Review-426 Essex Street—CVS Corporation 4. Public Hearing—Wetlands & Flood Hazard Special Permit---4 Technology Way— Norman Dube 5. Continuation of Public Hearing--Site Plan Amendment—Stutz Volvo-309 Highland Avenue/4-5 Greenledge Street-Stutz Plaisted 6. Approval of Minutes 7. Old/New Business [ ., TAN noblee posted on *Official BnlletM Boar" City Hall Ave., Salem, Mass. on JUN Rab C' i0 ,' �271*ri in accordance with Chap. A%, , 63A a 23B of M.G:l., fSS w� 120 WASHINGTON STREET, SALEM, tS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM CIfy OF S LE-I. hIA CITY OF SALEM CLERK S OFFICE '`Q PLANNING BOARD lODU JUN - I P 2: 51 Notice of Meeting You are hereby notified that the Salem Planning Board will hold its regular meeting on Thursday, June 3, 2004, at 7:00 PM in Room 313, Third Floor at 120 Washington Street. Walter B. Power, III Chairman Tentative Agenda: 1. Form A-5 Read Street & 280 Jefferson Avenue—Norman Dube, Trustee of 5 Read • Street Realty Trust 2. Public Hearing—Wireless Special Permit--40 Rear Highland Avenue—Sprint PCS 3. Public Hearing—Request for Determination of Specific and Material Change-7 Cedar Avenue-Michael Ginley 4. Continuation of Public Hearing—Site Plan Review-426 Essex Street—CVS Corporation 5. Form A-7-17 Thomas Circle—Nondas Lagonakis 6. Approval of Minutes 7. Old/New Business This notice posted on `Official Bulletin BoaW City Hall Ave., Salem, Amass. on •-i�tit I _ ceV at .4. 5,1 fin In acoordance with Chap. 39 Sm 23A A 23B of M.G.L. 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 . TEL: 978.745.9595 FAx: 978.740.0404 0 WWW.SALEM.COM 0 CITY OF SALEM PLANNING BOARD MEMORANDUM TO: Planning Board Members FROM: Valerie Gingrich Department of Planning & Community Development DATE: May 13, 2004 RE: Agenda—June 3, 2004 The following is a brief description of the items, which are listed on the attached agenda. Please contact me at the Department of Planning & Community Development at 978-745-9595, extension 311, if you have any questions pertaining to the agenda items. Form A-5 Read Street & 280 Jefferson Avenue—Norman Dube, Trustee of 5 Read Street Realty • Trust This Form A plan divides the existing parcel, into two new lots (Lot 14A and Lot 14B). The parcel contains two primary structures, which were built prior to the adoption of the subdivision regulations. According to the subdivision regulations, "The division of a tract of land on which two or more buildings were standing when the subdivision control law went into effect in the City of Salem in separate lots on each of which one of such buildings remains standing, shall not constitute a subdivision." Therefore, the parcel can be divided as shown on the attached Form A plan and does not have to meet the zoning requirements. Public Hearing—Wireless Communication Facility Special Permit-4011 Highland Avenue-- Sprint PCS The project includes the installation of three (3) antenna arrays consisting of three (3) antennas each, and a 15'x 25' enclosed area to house communication equipment on the roof of the existing Fairweather Apartments building located at 40 Rear Highland Avenue. The Fairweather Apartments building currently has two other wireless carriers' antennas on the roof of the building. The applicant has submitted all of the required information for a wireless communications special permit. Public Hearing—Request for Determination of Specific & Material Change-7 Cedar Avenue- -Michael Ginley Mr. Ginley requested a variance from the Board of Appeals at their February 18, 2004 meeting. The applicant requested a Variance from side yard setback of zero (0) feet instead of the ten (10) foot 1 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM requirement to allow a 5 �h'x 16' addition. However, the Board of Appeals denied the request for a Variance by a vote of 1 in favor and 4 opposed (Four affirmative votes are required to pass). The ZBA decision is included in this packet. The applicant has made changes to the project and is now requesting a determination of specific and material change from the Planning Board. In order for the applicant to return to the Board of Appeals prior to the two-year waiting period, with the new project, the Board needs a vote with at least 8 in favor of a determination of specific and material changes. The applicant has submitted two different sets of plans for determinations. The changes to the project include the following: Plan C1 ■ The wall is moved 12" from the property line ■ The exit door is relocated from the side to the back ■ The window is removed ■ Fascia is cut back flush with the wall Plan Cl a: ■ The wall is moved 18" from the property line ■ The exit door is relocated from the side to the back ■ The window is removed ■ Fascia is cut back flush with the wall • Continuation of Public Hearing—Site Plan Review-426 Essex Street—CVS Corporation The proposed project includes CVS occupying the existing 14,130 square foot space (former grocery store), and the demolition of the existing 3,940 sq. ft. Liquor Mart to construct a double lane drive-thru. The former CVS space (7,800 sq. ft.) will be occupied by a specialty retail store. The parking layout has been adjusted to create two additional parking spaces to make the site unconforming by 47 parking spaces instead of 49 spaces. The applicant will be seeking relief from the Zoning Board of Appeals from the parking requirements and the side setback requirements. They are scheduled to appear before the ZBA at their May 21" meeting. Comments from the Last Meetine: • Lighting should be added to the rear of the building for security • The dumpster located on the South side of the parcel should be moved behind the building (dumpsters are not allowed to be seen from the public right of way in the entrance corridor) DPCD Comments: • Entrance Overlay District Regulations apply to the project: o Curb cuts must be less than 24' wide o Landscaping requirements o Landscape screening shall be located along abutting parcels • ■ Lighting types are not shown on the plans ■ Traffic Circulation—The corner of the building where the one-way flow meets the two-way flow, could be very dangerous. Also, the front left corner of the building could be dangerous 2 and may require a stop sign. ■ The applicant should provide pedestrian crosswalks where appropriate Fire Prevention Comments: ■ Fire Department apparatus must be able to access the rear of the building (beyond the drive- thru) ■ The sprinkler system should be tested and altered to fit the fire load of the proposed property • The fire alarm system should be tested and altered to fit the design of the proposed property Comments from the Office of the City Engineer: ■ The submitted plans lack clarity. It is too difficult to distinguish between what is proposed and what is existing. ■ How will traffic be addressed? (How will traffic queue on the site when red light on Highland). ■ What is the stabilization plan for the steep bank in the rear of the property? ■ Water and sewer lines must be shown on the plans. ■ Details are missing from the plans regarding existing catch basins on Essex Street and at the rear of the site. • Details are missing from the plans regarding existing drainage lines from Essex Street and at the bank. The stormwater calculations are currently being reviewed by the Engineering Department. Form A-7-17 Thomas Circle—Nondas Lagonakis • As some of you may remember, after several meetings of discussion, this project received a waiver from frontage from the Planning Board. The project was then denied by the Zoning Board of Appeals. The applicant appealed the ZBA decision, but the City Solicitor reached an agreement with the owner of the parcel and the case was dropped. All of the conditions in the waiver from frontage decision that the Planning Board issued are still in effect. The applicant is now moving forward with the project by submitting the Form A plan, which meets all of the requirements for a signoff from the board. • 3 • Salem Planning Board Minutes of Meeting Thursday,June 3,2004 A regular meeting of the Salem Planning Board was held on Thursday,June 3, 2004 in the third floor conference room at 120 Washington Street,Salem,Massachusetts at 7:00 p.m. Those present were: Chairman Walter Power,Ellen DiGeronimo,Chuck Puleo,David Weiner,Paul Durand,John Moustakis, Gene Collins, Pam Lombardini and Christine Sullivan. Also present were Staff Assistant Valerie Gingrich,and Eileen Sacco,Clerk. Members Absent: None Form A—5 Read Street and 280 Jefferson Avenue—Norman Dube Atty. Steve Lovely addressed the Board and explained the Form A plan for 5 Read Street/280 Jefferson Avenue. He explained that the property at 280 Jefferson Avenue is presently used as a Dance Studio and Mr. Dube is in the process of selling the property to the Buonfigho's. Chuck Puleo noted that there is a driveway on the plan. Atty. Lovely stated that variances were granted in 1994 for Dance Etc. He also noted that the parking goes with the residence and not the dance studio There being no further questions or comments regarding this matter a motion was made by Ellen DiGeronimo to approve the Form A for 5 Read Street.280 Jefferson Avenue, seconded by Gene • Collins and approved. Public Hearing—Wireless Communications Special Permit-Sprint PCS—40R Highland Avenue A representative of Sprint PCS addressed the Board and explained their plan to install five antenna arrays consisting of three antennas and a 15x25 enclosed area to house the communications equipment on the roof of the Fairweather apartments at 40R Highland Avenue. He noted that a photo simulation of the property with the proposed antenna's that was included in the application was in his opinion poor quality and handed out a new one and reviewed it with the Board. A letter was presented to the Board attesting to the safety of the facility. Walter Power noted that the Board has approved a number of these applications and they are usually small and unobtrusive. He stated that these are rather large and can been seen from the street. The representative stated that the a few feet off the edge of the building is the best location for the coverage. Walter Power asked what color the antenna's are. The representative stated that they are a grayish white that will blend in with the sky on a gray day. David Weiner noted that there are two other carriers on the roof already and stated that he would like to see a simulation showing all of the antennas, noting that the plans do not show the existing antenna's. Christine Sullivan noted that the other antennas on the building are not visible. The representative • stated that the ones they are proposing are nearly identical to the others that are already on the building. Walter Power stated that he thought that they stood out starkly against the back drop. 1 • Chuck Puleo stated that he would like to see some photos taken on a clear day to give an idea of what it will look like. David Weiner suggested that the applicant clarify the plans for the next meeting and present photo's showing the proposed and existing antenna's so that the Board can compare the size. Gene Collins asked what the distance is that the antennas will cover. The representative stated that they willcover a mile radius in all directions. Walter Power noted that the building is high and it is hard to see the roof from any direction and the antennas probably won't be visible from the ground. Walter Power opened the hearing up for public comment at this time. Leanne Duncan of 32 Highland Avenue addressed the Board and expressed her concern about the antennas and the location of her home. She explained that she presently experiences interference with her phone and radios because of the tri angle of abutters, Salem Fire Department, Salem Hospital,and Collins Middle School. The Sprint Representative advised her to file a complaint with the FCC and they will open a case to find out what the problem is. He explained that if her TV reception is over a certain frequency it should not be affected by the antenna's. Christine Sullivan stated that she felt that was unacceptable and stated that she wanted them to go to Ms. Duncan's home and fix it. The representative of Sprint stated that their lease agreement states that they will be responsible for any interference caused by the equipment, but they have not • installed the equipment yet so they can't be responsible for the problem. Ward Seven Councillor Joseph O'Keefe suggested that Ms. Duncan file a MEPA report and that will require Sprint to study the impact on the area. Walter Power suggested that Sprint promise to fix Ms. Duncan's interference problem. Gene Collins stated that her problems could be caused by a number of things and it is unfair to blame Sprint before they install the antennas. It was decided that Ms. Duncan will contact the FCC to get a benchmark and also check to see if there are any ham radios in the area. Chuck Puleo stated that he would like to see better drawings of the proposed antennas and show the existing antennas as well. There being no further questions or comments regarding this matter this evening a motion was made by Chuck Puleo to continue the public hearing to June 17, 2004, seconded by Christine Sullivan and approved. Public Hearing— Request for Determination of Specific and Material Change — 7 Cedar Avenue— Michael GinleY Mr. Michael Lutrzykowski addressed the Board and requested to be allowed to withdraw Mr. Ginley's application without prejudice. • 2 • David Weiner moved to allow Mr. Ginley to withdraw his application for a Determination of Specific and Material Change without prejudice, seconded by Ellen DiGeronimo and approved. Continuation of Public Hearing—Site Plan Review—426 Essex Street—CVS Corporation Walter Power noted that he is in receipt of letter to the Planning Board from Salem Realty Trust regarding the Package Store and the terms and conditions of their lease. He noted that this is in response to concerns of Board members at the last meeting. Patrick O'Leary,representing CVS addressed the Board and stated that they have been meeting with the Park and Recreation Commission and have come to an agreement to install a backstop at the Little League field at Splaine Park. He also noted that any damage or interference to the park as the result of the construction will be replaced or repaired. He stressed that the area of the basketball court will not be in the area of possible disruption. Shannon Rutherford addressed the Board and explained that they have agreed to install a fence along the back of the property that will be incorporated into the final site plan. She also noted that the dumpster has been relocated to the back of the building and the curbing on the site will be granite. Ms. Rutherford also explained that there will be a bus stop on the site contingent upon the approval of the MBTA. Ms. Rutherford also explained that the drain and sewer line on the site will be videoed on Saturday as requested by the City Engineer. She also noted that the parking and ADA access has been reviewed by the Architectural Access Board and it is in compliance. • Mr. O'Leary addressed the Board and stated that they did investigate the possible move of the curb cut to the south of the side and although it is a good idea for internal access, the problem is that the area transitions and tapers for the intersection of Jackson Street and Highland Avenue. Mr. O'Leary also reported that they met informally with members of Historic Salem Inc. to get input on the architectural elevations in an effort to be more aesthetically pleasing, even though they are not in a historic district. Chuck Puleo asked if they considered video surveillance behind the building, noting that the neighbors were concerned about people hanging around back there. Mr. O'Leary stated that the lighting will be changed and there will be a fence in the rear comer which they are carrying over and tying into the ledge. Pam Lombardini asked if the drive up window would be open at all times. Mr. O'Leary stated that they window would be open all hours that the pharmacy is open. He also noted that CVS adjusts its hours to accommodate the community. David Weiner asked if the canopy for the drive through is high. Mr. O'Leary stated that emergency vehicles will be able to get through and deliveries will be timed for off peak hours. Walter Power noted that there is a loading platform back there. Mr. O'Leary stated that it will be removed. Mr. O'Leary noted that the drive through will be only for drop off and pick up of prescriptions and explained that there are usually 2-3 cars mid-day and only three vehicles were recorded at peak • hours of 6:00 p.m. in a study of a similar area CVS. 3 • Gene Collins questioned if they need to go to the Zoning Board of Appeal for a variance for the drive through. Arty. Zack Darrow addressed the Board and reported that there was a question on the interpretation of the State Board of Disabilities and they plan to withdraw the request and refile when they get Planning Board approval. Walter Power asked if there would be any changes to the roof. Mr. O'Leary explained that they would be installing a modern HVAC system that will be much quieter. Ellen DiGeronimo asked if they plan to install a sprinkler system for the landscaping. Mr. O'Leary stated that they are installing a sprinkler system. Christine Sullivan asked for a photo simulation of what the building will look like when it is finished. Walter Power opened the hearing up for public comment at this time. David Hart of Historic Salem Inc. addressed the Board and stated that the applicant has agreed to meet with Historic Salem Inc. and neighborhood groups. Gene Collins noted that they are not in a historic district so they can't be forced into anything. Ellen DiGeronimo stated that they will be a long term tenant and that is critical for the tax base, but it is important to meet with the neighbors. Chuck Puleo stated that the parking is short and the site is highly non conforming with respect to parking. Chuck Pulco asked if they would need a use variance for the other side of the building. Mr. O'Leary • stated that they would not need one it will be less non conforming unless it is another use other than retail. Chuck Puleo asked if the Planning Board would get to look at the plans for a new tenant. Walter Power noted that it would have to be an amendment to the approved plans for the other space. Councillor of Ward Seven Joseph O'Keefe addressed the Board and stated that he supports the plan. He expressed his concern about the fire access and the turning radius for emergency vehicles. He also suggested a no left tum out of the entrance to the property. Councillor O'Keefe also requested that the Planning Board condition the approval of the project on the limitation of the hours of operation so that they will be closed from 11:00 p.m. to 6:00 a.m. Walter Power reminded Councillor O'Keefe that the hours of operation fall under the control of the City Council. Councillor O'Keefe also suggested that they be required to install ballads along the front of the building to prevent someone from driving through the building. A representative of the Federal Street Neighborhood Association addressed the Board and stated that he has researched the CVS fagade and he likes to walk. He stated that CVS should be as accessible as possible and that people would like to use a footpath from the park. He suggested that the residents of Pope Street would like to see a stairway and asked that they look into that. Maggie Lemelin of 100 Federal Street addressed the Board and stated that she was glad to see that they met with the Park and Recreation Commission. She noted that the stairway did come up at that meeting and there was a discussion about the liability involved with people puking on their site • and attending Little League games. 4 Betsey Bums of 22 Beckford Street addressed the Board and stated that she would like to see the • stairway and access to CVS, noting that she would like to see us working towards more pedestrian access in the city. She suggested that if they add a pedestrian cross walk it would be at the expense of landscaping. She also stated that she applauds them for being open to looking at a historic fagade for the building. Richard Deschamps of Crosby Street addressed the Board and noted that there is a parking lot at the comer of Boston and May Streets, so there is other parking in that area. He suggested that they consider larger parking spaces for the protection of cars. Christine Sullivan questioned whether they plan to keep the existing store open during construction of the new space. Mr. O'Leary stated that the store would remain open. Ward Three Councillor Jean Pelletier addressed the Board and stated that he was concerned about safety problems with the stairs. Pam Lombardini stated that the Board should hold a site visit. The Board discussed this and a site visit was.scheduled for 6:00 p.m. before the next meeting on June 17,2004. Walter Power stated that he would like to see more shade in the parking area. Mr. O'Leary stated that they will revisit that noting that there was a conscious effort made in the layout of the landscaping and the parking. Councillor Leonard O'Leary addressed the Board and noted that there is no provision on the plan for carriage corals. Mr. O'Leary explained that CVS carriages do not usually leave the store. • There being no further questions or comments regarding this matter a motion was made by David Weiner to continue the public hearing to June 17, 2004, seconded by Pam Lombardini and approved. Form A—Thomas Circle Ward Four Councillor Leonard O'Leary addressed the Board and stated that he feels that this Form A is out of order. He explained the history of the project and noted that after the Planning Board approved the subdivision the ZBA denied it. The Board reviewed the documents submitted by Mr.Dick Williams an opponent of the proposal. John Moustakis suggested that the Board request that former City Solicitor John Keenan come before the Board to get both sides of the story. Atty.Joseph Correnti addressed the Board and reviewed the history of the property. He explained that an agreement for Judgment was reached. He explained the process that was gone through for the permitting process and noted that the Planning Board held hearings for three months for a Waiver from Frontage with a full site plan review hearing which the applicant accepted. He explained that they went back to the ZBA with the Planning Board approval and the ZBA denied it 3-2,which they appealed in Superior Court. He stated that they were prepared to go to trial and the City Solicitor talked several times with the neighbors and prepared a Memorandum of Understanding and they reached an Agreement for judgment. • 5 • Arty. Correnti explained that they had agreed to bring the water line directly into Thomas Circle without going up the driveway, and bring it all the way around Thomas Circle to give all of the neighbors access to water and they agreed to provide escrow money to insure that would happen. Atty. Correnti explained that they are requesting approval of the A & R plan because of the dismissal of the appeal and they were granted the relief that was sought at the Board of Appeal. He also noted that the stipulation of dismissal was signed by City Solicitor John Keenan. Arty. Correnti also noted that the Mayor and the City would not sign off until they were satisfied that the concerns of the neighbors were addressed. Councillor O'Leary stated that the neighbors did not sign off on the project. Walter Power suggested that John Keenan come to the next meeting to explain this to the Board. Dick Williams addressed the Board and read a statement from John Keenan that he had sent to his daughter. He also read a letter that he sent to the Planning Board in May of 2000. Mr. Williams stated that his daughter never received a formal document regarding this. Arty. Correnti stated that he felt that it would be a good idea to hear from Atty. Keenan because he feels that there are unfair and inaccurate statements being made. Walter Power stated that he felt that the letter from Arty. Keenan does explain everything and Mr. Langonakis has agreed to all of the requests. Arty. Correnti stated that Mrs. Howland wants no personal expense involved with her granting the • easement and the proper paperwork with be prepared once the approvals are received. There being no further questions or comments regarding this matter a motion was made by Gene Collins to approve the Form A for Thomas Circle,seconded by Paul Durand and approved. There being no further business to come before the Planning Board and this meeting a motion was made by Ellen DiGeronimo to adjourn the meeting,seconded by John Moustakis and approved. The meeting was adjourned at 10:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Planning Board PB060304 • 6 CITY OF SALEM PLANNING BOARD �o NOTICE OF CANCELLATION OF MEETING = oy J Trn T T You are hereby notified that the Salem Planning Board meeting scheduled to be held on�j y Thursday, May 20, 2004, at 7:00 PM in Room 313,Third Floor at 120 Washington Stree*as ,�., been cancelled. The next regular Planning Board meeting will be held on Thursday, June)3, 2004. Walter B. Power, III • Chairman This notice posted on «Ctflcial Bulletin Board' City gall Ave., Salem, Mass. on MAY 1 73J .at . Vj;/aAW in acoordanro WiM Chep. 23A & 238 a! A.G.L. 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 .TEL: 978.745.9595 FAX: 978.740.0404 . WWW.SALEM.COM • s CITY OF SALEM PLANNING BOARD o m-n a � I 6cn Notice of Meeting oD D Trn T3 You are hereby notified that the Salem Planning Board will hold its regular meeting on ITMrsday, m3 May 6, 2004, at 7:00 PM in Room 313, Third Floor at 120 Washington Street. v w Walter B. Power, III Chairman Tentative Agenda: 1. Continuation of Public Hearing—Form C—Definitive Subdivision—Saunders &Pearl • Streets 2. Public Hearing—Site Plan Review-426 Essex Street--CVS Corporation 3. Public Hearing—Site Plan Review-10-12 First Street—Omnipoint Holdings, Inc. 4. Continuation of Public Hearing--Site Plan Amendment—Stutz Volvo-309 Highland Avenue/4-5 Greenledge Street-Stutz Plaisted 5. Approval of Minutes 6. Old/New Business This notice City Mall Ave., sa, on -Official Bulletin Board° S em, Mass. on P1Ay q _ d in accordance wi h 23� Of M.G.L. Chap. 3g 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 • WWW.SALEM.COM CITY OF SALEM PLANNING BOARD MEMORANDUM TO: Planning Board Members FROM: Valerie Gingrich Department of Planning & Community Development DATE: April 27, 2004 RE: Agenda—May 6, 2004 The following is a brief description of the items, which are listed on the attached agenda. Please contact me at the Department of Planning & Community Development at 978-745-9595, extension 311, if you have any questions pertaining to the agenda items. Continuation of Public Hearing—Form C—Definitive Subdivision—Saunders & Pearl Streets • The applicant will request to continue the public hearing. Public Hearing—Site Plan Review-426 Essex Street—CVS Corporation The proposed project includes CVS occupying the existing 14,130 square foot space (former grocery store), and the demolition of the existing 3,940 sq. ft. Liquor Mart to construct a double lane drive-thru. The former CVS space (7,800 sq. ft.) will be occupied by a specialty retail store. The parking layout has been adjusted to create two additional parking spaces to make the site unconforming by 47 parking spaces instead of 49 spaces. The applicant will be seeking relief from the Zoning Board of Appeals from the parking requirements and the side setback requirements. They are scheduled to appear before the ZBA at their May 2151 meeting. DPCD Comments: ■ Entrance Overlay District Regulations apply to the project: o Chainlink fences are prohibited and fences cannot be higher than four feet o Curb cuts must be less than 24' wide o Landscaping requirements including: a) One tree for every three parking spaces; b) Landscaping beds can be no less than 15 square feet in area; c) Planting strips must be located between head-on parking...etc. o Landscape screening shall be located along abutting parcels • Lighting types are not shown on the plans ■ Traffic Circulation—The comer of the building where the one-way flow meets the two-way • flow, could be very dangerous. Also, the front left comer of the building could be dangerous and may require a stop sign. ■ Loading Dock—The loading dock in the rear of the building will not allow traffic to flow I 120 WASHINGTON STREET, .SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 • WWW.SALEM.COM around the building...will deliveries be made during business hours? • ■ Parking—The proposed parking layout is one handicapped parking space short of the required number. • The applicant should provide pedestrian crosswalks where appropriate Fire Prevention Comments: I • Fire Department apparatus must be able to access the rear of the building (beyond the drive- thru) ■ The sprinkler system should be tested and altered to fit the fire load of the proposed property ■ The fire alarm system should be tested and altered to fit the design of the proposed property Public Hearing—Site Plan Review-10-12 First Street—Omnipoint Holdings, Inc. The proposed project includes the installation of three (3) 72"x 12" panel antennas, three (3)BTS cabinets, and one (1) GPS antenna on the roof of the existing Pequot Highlands Apartment Complex located at 12 First Street, Salem, MA. The proposed project also includes running a conduit from the basement through the building to the rooftop equipment. DPCD Comments: ■ The applicant has not submitted a statement regarding the structural capacity of the building regarding the proposed project. ■ The applicant has not submitted a statement of compliance with Federal and State regulations. • Continuation of Public Hearing--Site Plan Amendment—Stutz Volvo-309 Highland Avenue/4-5 Greenledge Street-Stutz Plaisted The applicant was asked to present possible treatments to the jersey barriers along Greenledge Street. The abutters to the property, Spence Welding and Anarpet Realty, were notified of the Planning Board's intentions to take final action regarding the proposed amendment at the next meeting. • 2 r • Salem Planning Board Minutes of Meeting Thursday,May 6,2004 A regular meeting of the Salem Planning Board was held on Thursday, May 6, 2004 in the third floor conference room at 120 Washington Street, Salem,Massachusetts at 7:00 p.m. Those present were:, Chuck Puleo, John Moustakis, Ellen DiGeronimo, Gene Collins, Pam Lombardini, David Weiner. Also present were Staff Assistant Valerie Gingrich, and Eileen Sacco, Clerk. Members Absent: Chairman Walter Power,Paul Durand, Christine Sullivan In the absence of Chairman Walter Power,Chuck Puleo assumed the Chair. Continuation of Public Hearing—Form C—Definitive Subdivision—Saunders and Pearl Streets Chuck Puleo read a letter from Arty.Jack Keilty requesting that the matter be continued to June 29, 2004. Gene Collins moved approval, seconded by Ellen DiGeronimo and approved. Ellen DiGerommo requested that when the applicant does meet with the Board she would like to have the new houses that are presently being built in the area noted on the plans. Public Hearing-Site Plan Review—CVS Corporation—426 Essex Street • Patrick O'Leary addressed the Board on behalf of CVS Corporation and reviewed the plans to renovate the former Crosby's Market building on Essex Street to a new CVS. He stated that the building was constructed in 1957 and the zoning is grandfathered. He explained the existing conditions on the site and noted that the existing parking area is non-conforming in space and size and they intend to completely redo the parking area. He noted that the site is 49 parking spaces short as it is today. Mr. O'Leary noted that the applicant is planning for a long-term commitment to the site and they hope to redevelop the site with character. He also explained that they intent to demolish the existing liquor store which is 4,000 s.f. to make space for a drive through pharmacy. He also noted that an additional benefit would be that it allows them to reduce the parking that will be required for the site. Gene Collins noted that the applicant would still have to get a waiver on the parking issue. Mr. O'Leary disagreed noting that they are improving what is already there so they would not need a waiver. John Moustakis expressed concern about the relocation of Highland Liquors. He noted that this has been a Salem business for 30 years and it bothers him that there is no place for them to go. He encouraged the developer to sit down with the owner of Highland Liquors again to see if a solution can be found. Mr. O'Leary stated that they would sit down with them again. Gene Collins suggested that the property could be split into three units since there is 7,000 s.f on the other side. Mr. O'Leary stated that it would not be practical for them to split into two units. • Mr. O'Leary reviewed the existing conditions on the site. He noted that presently there is the building and paving and one tree on the site. He reviewed the new plans for the site, which l • Mr. O'Leary stated that they will be reviewing the traffic management plan for the construction period with the police department and the Board. Bertha Hoar of 418 Essex Street addressed the Board and expressed her concerns about landscaping. She also questioned the need for a bigger CVS, and noted that there is always a mess there from the use of the park for Little League and from the kids walking home from school. Marie Brophy Allard addressed the Board and expressed her concern about the possibility of extending the hours of operation. She requested that a permanent restriction be placed on the project limiting the hours of operation to 10:00 p.m. Chuck Puleo noted that the City Council controls the hours of operation for retail operations. Ward Three Councillor Jean Pelletier addressed the Board and stated that he felt that any 24 hour operation would be unacceptable. He also stated that he is not a fan of the drive through concept and stated that he did not feel it was a good location for it. He expressed concerns about potential gas fumes and cars cueing on the site for the drive through. Mr. O'Leary stated that their drive through would be different from that of a McDonalds or Burger King. He explained that they have reviewed the stats for other locations with drive through windows and they serve one car in five minutes so cueing should not be a problem. Ward Two Councillor Mike Sosnowski addressed the Board and stated the curb cut is the jurisdiction of Mass Highway and they should cede to the wishes of the city and if the city feels that the curb cut would make a difference we could get it. He also stated that he would like to see landscaping on a portion of the comer at the house on the comer on the bank side of the property. • Kevin Reed of 16 Boston Street addressed the Board and expressed his concern about the possibility of 24 hours operations. Margaret Roberts of 51 Essex Street addressed the Board and expressed her concern about traffic entering Warren Street,noting that there have been several accidents there. Steve Whittier of 10 River Street addressed the Board and expressed his concerns about planning issues. He noted that there is a Walgreens with a drive through on Boston Street, and a proposed Osco Drug on the other comer and no grocery store in the area, noting that would be a more appropriate use for this site. Gene Collins asked the developer to consider reconfiguring the proposed parking area to open it up a little more. Mr. O'Leary stated that they would lose too many spaces by doing that, noting that it is a difficult site. There being no further questions or comments regarding this matter a motion was made by Gene Collins to continue the public hearing to May 20, 2004, seconded by Ellen DiGeronimo and approved. Public Hearing—Site Plan Review— 10-12 First Street—Omnipoint Holdings.Inc Paul DeBole addressed the Board and explained the plans for the installation of cellular antennas on Pequot Highlands. He reviewed the coverage area for OMNI and noted that they are proposing to • install three antennas on the roof of the penthouse. He stated that they will be unobtrusive and they are not mounting them on the fa4ade. He showed the Board a photo simulation of the proposal,which showed how the proposed antennas will look in the area. l . Old/New Business Denise McClure reported that she is working with the Mayor to get a clerk of the works with an engineering background on staff in the Planning Department. She noted that in the meantime, Planning Department staff are filling in. Chuck Puleo noted that the stop sign is missing from the island at Home Depot. Chuck Puleo also reported that the fire gate is open at Hawthorne Commons I and it is only supposed to be open during emergencies. There being no further business to come before the Planning Board this evening, a motion was made by Gene Collins to adjourn the meeting, seconded by Pam Lombardini and approved. The meeting was adjourned at 9:00 p.m. Respectfully submitted by: Eileen M. Sacco,Clerk Salem Planning Board PB050604 • • . o MA CITY OF SALEM CITY SALEM. ' CLERR K S OFFICE PLANNING BOARD Notice of Meeting You are hereby notified that the Salem Planning Board will hold a special meeting on Thursday, April 22, 2004, at 7:00 PM in Room 313, Third Floor at 120 Washington Street. W VV*:F wVff'vb Walter B. Power, III Chairman Tentative Agenda: • 1. Public Hearing—Site Plan Review-10 Federal Street—Broadfield Properties, LLC & P-Mac LP 2. Old/New Business This notice posted on "Official Tulle ]n Board' Cltp Haul 8 din accordance with Chap.30 a9®C BSA A 23B � M.G1 e • 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 WWW.SALEM.COM • Salem Planning Board Minutes of Meeting Thursday,April 22,2004 A special meeting of the Salem Planning Board was held on Thursday, April 22,2004 in the third floor conference room at 120 Washington Street,Salem,Massachusetts at 7:00 p.m. Those present were: Chairman Walter Power, John Moustakis, Chuck Puleo, Gene Collins, Pam Lombardini, David Weiner,and Christine Sullivan. Also present were Staff Assistant Valerie Gingrich,and Eileen Sacco,Clerk. Members Absent:Paul Durand and Ellen DiGeronimo Public Hearing—Site Plan Review—Broadfield Properties— 10 Federal Street Atty. George Atkins addressed the Board and stated that at the last meeting the Board reviewed the plans for the project. He also noted that the state would be holding a site visit next Thursday for the RFP that the applicant submitted for the lease of the space to the District Attorney's Office. Peter Gearhart addressed the Board and reviewed the changes that have been made to the plans. He noted that there will be a note on the plan at the request of the City Engineer banning the use of sand for deicing. Mr. Gearhart reviewed the shadow study that was done in response to the concerns of the neighbors. He reported that there is a shadow at 7:00 a.m. but no shadow at other times during the day. He noted that Mr. Poisson's property has no shadowing in the summer up until about 9:00 a.m. and there are shadows at other times. He noted that the Salem Housing Authority property is a little different because it is a longer building and there is a partial shadow. Mr. Gearhart noted that there was a question about the comparison of the size of the building in relation to other • buildings in the area. He stated that One Salem Green is about the same size, Museum Place is slightly lower and The Essex is ten feet higher. Mr. Gearhart reviewed the elevations of the building. Christine Sullivan suggested that they try to match the roof color to that of Museum Place. Mr. Gearhart stated that they want to match that color. Atty. Atkins noted that they were requested to look at the Salem Housing Authority side of the garage structure. He noted that they added a decorative metal security grill. Walter Power noted that the City Engineer has some issues. Atty. Atkins stated that they are working those out and they would like a condition that all concerns of the City Engineer be addressed before construction starts. David Weiner asked if there was a structural report available that would indicate that the building can hold the additional stories. Atty. Atkins stated that the facility was overbuilt and the original plans show three additional stories on top of the existing two. David Weiner stated that he would like to see certification of that. Atty. Atkins reviewed the parking accommodations. David Weiner asked if there would be oil and gas separators in the garage. Mr. Gearhart stated that there would be. Mr. Gearhart stated that the deliveries of furniture, UPS, etc. would be made from Federal Street and they are looking at getting a prohibition of parking for long periods of time on the street. He also noted that the trees along the left side of the building will stay. Gene Collins asked if there was any mechanism that the Board has that would require them to come back with a final plan. He noted that he wants to be sure that the parking layout works. He suggested a condition of approval that would require them to present a final plan. • Atty. Atkins stated that the RFP requires 14 parking spaces as well as handicapped parking. Walter Power asked if they have had any further discussions with the Salem Housing Authority. Any. Atkins stated that they have not and they hope to meet with them again in May. John Moustakis suggested that they look into using the old Salem Jail site for parking. Walter Power opened the hearing up for public comment at this time. Mr. Petrie stated that the air conditioner at the Essex is very loud and also noted that skateboarding is a serious problem on that property. Atty. Atkins stated that the air conditioning units on the roof will be smaller with the latest noise suppression system. Mr. Petrie also noted that the trash is presently put out for the city to haul away and asked if that would continue. Any. Atkins stated that the trash is presently collected in the downtown. Mr. Petrie stated that he is concerned about blasting and asked if there was a bond, noting that there are historic properties in the area. Atty. Atkins stated that they expect no blasting as there is no ledge on the property except in a very limited area. He also noted that city ordinance strictly governs blasting and a pre-construction survey with photos and video will be done. Mr. Petrie stated that he is concerned about the existing lighting for the building and asked that it be directed away from his property. Atty. Atkins stated that the existing lighting may not be in accordance with Planning Board standards,but they will fix that as a condition of approval. Atty. Atkins addressed the matter of the skateboarding problems and stated that the best defense is occupation of the building. Mr. Petrie stated that he would like to see a sign posted on the property banning skateboarding activities. Atty. Atkins agreed and noted that the insurers of the building would be concerned about that as well. • Mr.Gearhart addressed the Board and explained the methodology used in the Sun Angel Study. Atty.Atkins stated that they have been to the Board of Health and one of their conditions is dust control. John Moustakis asked when they would be starting and how long would it take. Atty. Atkins stated that they have an ambitious schedule as they are looking for occupancy in September of 2005, noting that they hope to start in September of this year. Councillor At Large Tom Furey addressed the Board and spoke in favor of the project. Bob Gurerro of I Washington Street addressed the Board and expressed his concerns about the noise of the air conditioners at the Essex. Councillor at Large Joan Lovely addressed the Board and clarified that the City Council is in the process of looking at the jail,jail keeper's house and the parking on the site. She explained that parking for the Housing Authority has been informally created and there is also an informal agreement with the district court. Bruce Young addressed the Board and stated that he wishes the owner well, but noted that he is concerned about the sunlight that he will lose. Christine Sullivan addressed the developer and stated that she was disappointed that they did not provide a computer generated rendering of what the neighborhood will look like. There being no further questions or comments regarding this matter a motion was made by John Moustakis to close the public hearing,seconded by Gene Collins and approved. The Board reviewed a draft decision for the project. Valerie Gingrich read the decision to the Board. • Walter Power suggested a condition regarding a noise study if there are any complaints after construction. • David Weiner moved to approve the draft decision as amended for 10 Federal Street, seconded by Pam Lombardini and approved. There being no further business to come before the Planning Board this evening, a motion was made by Gene Collins to adjourn the meeting,seconded by Pam Lombardini and approved. The meeting was adjourned at 9:00 p.m. Respectfully submitted by: Eileen A Sacco,Clerk Salem Planning Board PBO42204 • • 06 CITY OF SALEM PLANNING BOARD NOTICE OF CANCELLATION OF MEETING You are hereby notified that the Joint Public Hearing between the Salem City Council and the Salem Planning Board scheduled to be held on Wednesday, April 14, 2004, at 6:00 PM in the Council Chambers at 93 Washington Street has been cancelled. Walter B. Power, III Chairman • ti n a r~ -0O -k--r7 w NC/) D 7D F n3 N m3 cn m This notice posted on "Official Bop �P ti1 36n 2004d City Hall AveSalem, tns accordarco wO Chapass. On . 39 at /;tial 23A & 23B of M.G.L. 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 . TEL: 978.745.9595 FAx: 978.740.0404 0 WWW.SALEM.COM CITY OF SALEM PLANNING BOARD Notice of Meeting You are hereby notified that the Salem Planning Board will hold its regular meeting on Thursday, April 15, 2004, at 7:00 PM in Room 313, Third Floor at 120 Washington Street. Walter B. Power, III Chairman Tentative Agenda: • 1. Public Hearing—Site Plan Review-10 Federal Street—Broadfield Properties, LLC & P-Mac LP 2. Approval of Minutes 3. Old/New Business o � r 0 rrI �o W cij cn D -nm This notice posted on "Official Bulletin Board" ). City H 11� e., Salem, Mass. on APR 13 2004 n at ,�i� �� in accordance vvsth Chap. 39 'G. 23A & 23B of M.G.L. 0 120 WASHINGTON .STREET, SALEM, MASSACHUSETTS 01970 .TEL: 978.745.9595 FAx: 978.740.0404 . WWW.SALEM.COM 64wi CITY OF SALEM PLANNING BOARD MEMORANDUM TO: Planning Board Members FROM: Valerie Gingrich Department of Planning & Community Development DATE: April 12, 2004 RE: Agenda–April 15, 2004 The following is a brief description of the items, which are listed on the attached agenda. Please contact me at the Department of Planning & Community Development at 978-745-9595, extension 311, if you have any questions pertaining to the agenda items. Public Hearing—Site Plan Review-10 Federal Street—Broadfield Properties, LLC & P-Mac LP • The proposed project includes the addition of three stories to the existing two-story building (78,660 square feet) at 10 Federal Street, which will provide an additional 82,260 square feet of office space. The additional parking is proposed by creating a parking deck over the existing parking areas. Both levels of parking will be one-way with an entrance off of Federal Street and an exit onto St. Peter's Street. The surface parking deck will provide 49 parking spaces, and the lower deck will provide 36 spaces, totaling in 85 parking spaces. Comments: The DPCD, Building Commissioner, and the Engineering Office all commented that more information is needed regarding the proposed parking deck. • 1 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 .TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM • Salem Planning Board Minutes of Meeting Thursday, April 15,2004 A regular meeting of the Salem Planning Board was held on Thursday, April 15, 2004 in the third floor conference room at 120 Washington Street, Salem,Massachusetts at 7:00 p.m. Those present were: Chairman Walter Power, Chuck Puleo, Paul Durand, Ellen DiGeronimo, Gene Collins, Pam Lombardini, and Christine Sullivan. Also present were Staff Assistant Valerie Gingrich, and Eileen Sacco, Clerk. Members Absent: David Weiner,John Moustakis Public Hearing—Site Plan Review—Broadfield Properties— 10 Federal Street Paul Durand recused himself from discussion of this matter. Attorney George Atkins addressed the Board and explained the plans for a three-story addition to an existing building at 10 Federal Street. He noted that the owners Spiros and Peter Flomp are excited about this project and it will enhance the downtown and will be a significant project, which coincides nicely with the economic revival of the area, and is close to the court system. Attorney Atkins noted that the former telephone building will provide additional new office space in the downtown, something that has not been done in quite sometime: He also noted that they plan to enhance • the current parking situation on the site with a proposed level of underground parking. Atty. Atkins explained that the applicant has submitted a proposal in response to the RFP from the Commonwealth of Massachusetts to lease office space for the District Attorney's Office. Gene Collins asked how the property could be built in time to fulfill a state contract. Atty. Atkins explained that his client purchase a building that was designed for additional stories. He noted that everything was put into the facility with the intent of increasing the size of the building by three stories. He further noted that the applicant has until the end of this month to withdraw the RFP and asked the cooperation of the Planning Board in this process. Atty. Atkins stated that the Salem Redevelopment Authority and the Design Review Board have seen the conceptual plans and they expect the final approval of the SRA after Planning Board approval. Peter Gearhart the Architect for the project reviewed the plans. He noted that the entrance to the property would be on Federal Street and exiting will be permitted only onto St. Peter Street. Parking will have ease of entry and exit and deliveries of goods to the site will have much better access than at the present. He estimated that the square footage of the building will be 150,000 with 84 parking spaces. Atty. Atkins stated that the Salem Housing Authority has been in discussions with the owner to gain some additional parking spaces for Morency Manor and they are hoping to come to an agreement to provide them with six spaces on their property. The landscaping plan was reviewed. Atty. Atkins stated that they would be working with the city on the • city owned property along Federal Street to plant new street trees. He explained that they want to enhance the landscape along St. Peter Street as well. 1 • Atty. Atkins noted that there is a plaque on the site commemorating the original site of the Salem Jail and that will be relocated to the corner of St. Peter Street with benches. Peter Gearhart explained the lighting plan for the site. He stated that the existing lighting would remain and the lighting in the garage would be similar. He also noted that there would be two entrances to the parking, one down to the lower level and one to the surface parking. He also noted that there would be perpendicular parking adjacent to the building and parallel parking around the perimeter. Mr. Gearhart explained that the utilities require very little work, noting that they will bring the water and sewer in from St. Peter Street and the gas, electric and telephone underground from Federal Street. Walter Power asked for comments from the Planning Board members at this time. Chuck Puleo questioned whether the street would have the capacity to support another level of parking. Atty. Atkins stated that there is no intent to create another deck or create a structure that would be hard to accommodate. Christine Sullivan asked what the current square footage of the building is and how much rental space they would be adding. Atty. Atkins stated that it is 78,000 s.f. and with the proposed addition it would add 82,260 s.f. Christine Sullivan asked how many new cars this project would generate. Atty. Atkins stated that if the response to the RFP is successful, most of the cars would be cars that are already in the downtown. • Christine Sullivan asked how the height of the building would be in relation to the existing buildings downtown. Atty. Atkins stated that it would be lower than One Salem Green and Museum Place Mall. Christine Sullivan asked how many new people would be in the downtown. Atty. Atkins stated that if they are successful with the state contract, over one floor would be existing employees in the downtown. Walter Power expressed concern about the crowding of trees on the front of the building. Atty. Atkins stated that they would work with the city on that. Walter Power questioned whether the roof top HVAC units would be visible as they are not visible on the plan. Mr. Gearhart explained that they are behind the parapet and they are anticipated to be less than five feet in height. Walter Power noted that parking lots of this design have maintenance problems as they age and suggested that they put a membrane coating on the parking deck. He also suggested a condition that they submit a plan for the construction of a deck prior to construction. Atty. Atkins stated that they have had discussions with the Planning Department regarding the possibility of a public/private partnership of funding for an additional deck in the Almy's lot. Christine Sullivan stated that it is a lovely plan and will be a credit to the downtown. Pam Lombardini agreed noting that she thinks that the plan for the parking is great and the project will contribute to the city. Ellen DiGeronimo stated that this is expanding the tax base and will be a great contribution to the • downtown. She also noted that the location in the area of the courthouses will blend nicely in the development of the court campus. She also stated that she would urge the State to move rapidly in the funding of the new courthouse. 2 Atty. Atkins noted that if they reach an agreement with the Salem Housing Authority to park cars on their land, they will have to come back with a modification of the plan. Walter Power asked if there were any plans for improving the aesthetics of the elevations of the proposed deck, noting that the Salem Housing Authority would be most affected by the deck's visibility. Atty. Atkins stated that they would look at that for the next meeting. Chuck Puleo suggested that they consider low shrubs for the backside of the building that faces the Salem Housing Authority. Atty. Atkins stated that they would look at that. Walter Power opened the hearing up for public comment at this time. Richard Poisson of 7 Ash Street addressed the Board and expressed his concern about the height of the building and the impact it would have on the natural light on his property. He also stated that he is concerned about the possibility of blasting and cracking on his property. Atty. Atkins stated that the building is not going to be any higher than the Salem Housing Authority building. He also stated that they have a right to build that height in that district. Atty. Atkins stated that they have no plans to blast and if they do the fire department requires a pre blast survey. Roy Petrie of 20 Federal Street addressed the Board and expressed his concerns about the height of the building, noting that the elevator shaft extends beyond the conference room. He also noted that it will affect the lighting on his property as well. He also questioned why the residents of the public housing complex were not notified of this meeting. • Ward Four Councilor Leonard O'Leary addressed the Board and spoke in favor of the project. He stated that the majority of the city councilors are in favor of this as well and noted that Mr. Flomp has done a good job with this property and it is important for the city that we move this along. Marilyn Costa addressed the Board and stated that she is representing St. John The Baptist Church and expressed their concerns about parking and traffic. Councilor At Large Joan Lovely addressed the Board and spoke in favor of the project. She stated that it is important for the city to keep the District Attorney's Office in Salem and this will send a message to the State. She also noted that there is an effort at the State House to get the Court House Bond Bill back in the budget. Atty. Atkins stated that they will look into the concerns about the lighting. Atty. Atkins stated that notice to abutters followed city protocol and everyone who should have been notified was notified. He also noted that the Salem Housing Authority was notified as the owners of the building, not the tenants. Atty. Atkins again stated that they are under a strict time frame on this and requested that the Planning Board hold a special meeting next week to continue this matter. Walter Power asked for a consensus of the Board. They agreed. Gene Collins moved to continue the public hearing to Thursday, April 22, 2004 seconded by Pam • Lombardini and approved. Approval of Minutes 3 The minutes of the Planning Board meeting held on February 6, 2004 were presented for approval. Christine Sullivan moved approval, seconded by Ellen DiGeronimo and approved. Old/New Business Valerie Gingrich informed the Planning Board that the proposal for the overlay district for Salem Woods has been submitted to the City Council but the Planning Department has not received it yet. Ellen DiGeronimo stated that she would like to have a site visit at the Salem Woods. Valerie Gingrich informed the Planning Board that Mr.'DiBiase has withdrawn his plans in Peabody. There being no further business to come before the Planning Board this evening, a motion was made by Gene Collins to adjourn the meeting, seconded by Pam Lombardini and approved. The meeting was adjourned at 9:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Planning Board PB041504 • 4 CITY OF SALEM t PLANNING BOARD Notice of Meeting You are hereby notified that the Salem Planning Board will hold its regular meeting on Thursday, April 1, 2004, at 7:00 PM in Room 313,Third Floor at 120 Washington Street. Walter B. Power, III Chairman o a rl� 77 �0 O W Tentative Agenda: C/'D 0 �r D Ma 9 C,7)• 1. Public Hearing—Waiver from frontage requirements-4 Curtis Street—Ms. F6zabeth . rnM Read r-^ • 2. Amendment to Site Plan Review Decision—Traders Way—Highlander Realty Trust 3. Form B—Marlborough Road—Mr. Paul DiBiase,Trustee of Osbome Hills Realty Trust 4. Continuation of Amendment to Site Plan Review Decision-309 Highland/4-5 Greenledge—Mr. Stutz Plaisted 5. Approval of Minutes 6. Old/New Business This notice posted on "Offmifal Bulletin Board" City Wall �Alve., Seam, iv'; :::. on PR 3 0 2004 at /ipi06/i"/� lil "! r l?(iii> I :r r' L aq�, SFJ .SBC. 23A & 23B of Ib1.O,L.� 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 . TEL: 978.745.9595 FAx: 978.740.0404 0 WWW.SALEM.COM 0 �v A CITY OF SALEM PLANNING BOARD MEMORANDUM TO: Planning Board Members FROM: Valerie Gingrich Department of Planning & Community Development DATE: March 26, 2004 RE: Agenda–April 1, 2004 The following is a brief description of the items, which are listed on the attached agenda. Please contact me at the Department of Planning & Community Development at 978-745-9595, extension 311, if you have any questions pertaining to the agenda items. Public Hearing—Waiver from frontage requirements-4 Curtis Street—Ms. Elizabeth Read The purpose of this waiver from frontage is to allow the owner of Lot 1 (4 Curtis Street) to grant the owner of Lot 2 (2 Curtis Street) 93 square feet of land. The purpose is to move the property line two feet to follow an existing fence and light pole. Both lots are nonconforming as far as frontage is • concerned, but access to the lots will not be affected due to the existing fence line. Amendment to Site Plan Review Decision—Traders Way—Highlander Realty Trust The proposed revisions to the Site Plan Review Decision for Petsmart, Inc. include finishing the vacant space (formerly the garden area) adjacent to the existing Petsmart and use the space for a delivery/carryout Pizza Hut. The proposal also includes adding five new parking spaces and enclosing the rest of the structure with compatible block wall to match the existing building. Form B—Marlborough Road—Mr. Paul DiBiase,Trustee of Osborne Hills Realty Trust The applicant is proposing a 74-lot subdivision, which would be located between Marlborough Road and Barcelona Avenue. The 74 lots include the 5 lots along Marlborough Road, which have being divided in the Form A. Updated Information: We met with the Peabody Planning Department regarding the zoning proposal submitted in Peabody. The proposal is for a new zoning district for Age Restricted Planned Residential Development, which would allow a developer to do an age restricted residential development by special permit. There are no plans associated with the zoning proposal, which will be discussed in Peabody on April 15`h. Continuation of Amendment to Site Plan Review Decision-309 Highland/4-5 Greenledge—Mr. Stutz Plaisted Attorney Keilty will be at the meeting to discuss the proposed amendment to site plan review. • 1 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 0 WWW.SALEM.COM Salem Planning Board Minutes of Meeting Thursday, April 1, 2004 A regular meeting of the Salem Planning Board was held on Thursday, April 1, 2004 in the third floor conference room at 120 Washington Street, Salem, Massachusetts at 7:00 p.m. Those present were: Chairman Walter Power, Paul Durand, Ellen DiGeronimo, John Moustakis, Gene Collins, Pam Lombardini, David Weiner and Christine Sullivan. Also present were Staff Assistant Valerie Gingrich, and Eileen Sacco, Clerk. Members Absent: Chuck Puleo Public Hearing - Waiver From Frontage Requirements - 4 Curtis Street - Ms. Elizabeth Read Attorney Scott Grover addressed the Board and explained the request for a waiver from frontage requirements for 4 Curtis Street, Salem, MA. He noted that it is a small side street that runs between Derby Street and Essex Street and this would allow them to slightly change the lot line. He noted that for decades the applicant thought that the lot line was in the proposed location and the neighbors, Doug and Jean Karam constructed a driveway on Mrs. Read's property. Since then, Mrs. Read has agreed to convey the property to them. Atty. Grover also noted that a Form A approval is also in order with this filing. • Walter Power stated that everything looks to be in order and opened the hearing up for public comment at this time. There was no one present who wished to speak on the matter. There being no further questions or comments on the matter, Gene Collins moved to close the public hearing, seconded by David Weiner and approved. David Weiner moved to approve the waiver from frontage requirements for 4 Curtis Street, seconded by John Moustakis and approved. John Moustakis moved to approve the Form A for 4 Curtis Street, seconded by Pam Lombardini and approved. Amendment to Site Plan Review Decision - Traders Way- Highlander Realty Trust Attorney Joseph Correnti addressed the Board and explained that his client is requesting an amendment to the approved site plan for Pet Smart to allow for the conversion of the former garden area space when the property was Sears, to a Pizza Hut Delco. He explained that the Pizza Hut would be for carry out and delivery service only and there would be no seating on the site. Carmen Onken of Pizza Hut addressed the Board and explained that they plan to match the wrought iron and brick fagade, as well as the painting scheme of the Pet Smart building. He also noted that four additional parking spaces will be added to • the front of the building to comply with handicapped parking requirements. I • Gene Collins asked if they plan to use the unfinished space in the back of the building. Atty. Correnti stated that they do not plan to use that space and the owner has the right to come back at another time with another tenant if he wishes. He also noted that the plans show the space as it exists now and that space is noted as unfinished. Walter Power noted that the sign band indicates "Wing Street" and asked what that was. Atty. Correnti noted that is a product line of Pizza Hut. Walter Power asked if they anticipated any cueing of customers on the site. Atty. Correnti stated that most customers call ahead so there should be little if any cueing on the site. Walter Power recalled that during the approval for the Pet Smart property there was a long discussion about safety of pets and he was under the impression that they would use the door on the garden center side of the building. Atty. Correnti explained that there is a door and loading dock on the side of the front door. David Weiner asked to have the deliveries and trash disposal for the site explained. Atty. Correnti explained that there is a delivery door on the side of the building and a dumpster located in the back of the building near the Pet Smart dumpster. Walter Power asked if they have made any changes to the traffic circulation on the site. Atty. Correnti stated that the traffic circulation on the site works well and there is no reason to change it. • Ward Four Councillor Leonard O'Leary addressed the Board and noted that this is a heavily traveled area and pointed out that the bank has a drive through window and the entrance and exit are next to each other. There being no further questions or comments regarding this matter a motion was made by Gene Collins to approve the amendment to the Site Plan Review Decision for Pet Smart, seconded by Pam Lombardini and approved. Form B - Marlborough Road - Mr. Paul DiBiase. Turstee - Orsborne Hills Realty Trust Walter Power explained the process for Form B applications to those present. Assistant City Planner Denise McClure addressed the Board and explained that she was surprised to learn that the applicant has applied to the Peabody City Council for zoning change to allow for an age restricted zoning district and a public hearing is scheduled for April 15, 2004 with the Peabody City Council and the Peabody Planning Board. She noted that she met with the Peabody Planning Department and hopes to be kept informed of the status of the plans for the Peabody side of the property. She also noted that the developer has a presentation to make this evening. Atty. Brian McGrail addressed the Board and stated that the Planning Board made it clear at the last meeting that they would like to see a Cluster Development Plan to • get an idea of what might be done on the site. He noted that they had a draft of a cluster plan for the lots in the R1 and RC district. 2 • Chris Mello of Eastern Land Survey addressed the Board and explained the plan showing the RS land with two clusters of lots and associated roads and open space. He also estimated the location of the wetlands noting that the wetland delineation is still pending with the Conservation Commission. Chris Mello explained the RC district plans and noted that they estimate 2 clusters with 12 lots and 48 lots respectively. He explained that four clusters can be designed noting that they have not done a great deal of study on the utilities. David Weiner questioned how they could get the roads built with the locations of the wetlands. Mr. Mello stated that they could do that with replication, noting that they would know more after they get the delineation approved by the Conservation Commission. Mr. Weiner also noted that the roads stop in Salem and asked what the access to the subdivision would be. Mr. Mello stated that there would be two points of entry and noted them on the plan. He also noted that this is a preliminary cluster subdivision and they would probably file it in phases three or four times. Walter Power noted that he made a suggestion at an earlier meeting for the construction of a driveway at Marlborough Road subdivision entrance which could be widened in an effort to eliminate additional curb cuts on Marlborough Road. He noted that he would like to prevent turnarounds or causing people to back out on Marlborough Road. Mr. Mello reviewed the plans for the houses with the Board. Walter Power expressed his concern that it would have been nice if the two lots had a joint driveway. He also expressed his displeasure with the plans noting that the Board made its wishes for Marlborough Road clear with respect to the five lots on • Marlborough Road. Christine Sullivan noted that the applicant can build 75 houses by right and this cluster plan is larger by 14 homes, noting that they will be going out the same two roads and building over the wetlands. David Weiner questioned whether the utilities were sufficient on Barcelona Avenue to carry the new development. Chris Mello stated that they met with the engineering department and expect to have several more meetings about this. John Moustakis stated that he would like to see an independent traffic study and review. Denise McClure agreed and noted that the Board has required developers to pay for that in the past. Christine Sullivan also agreed and suggested that she would like to see a joint traffic study with Peabody. She noted that she feels that we have to look at the whole area as this is something that the city will have to live with for a long time. Paul Durand agreed also and further noted that our traffic study would encompass the whole area including areas of potential traffic. He also noted that it is very typical for the Planning Department to look at potential development in the scope of a traffic study. Walter Power asked what the width of the roads would be in the subdivision. Chris Mello stated that they would be standard width of 40-50 feet and are shown on the • plan. 3 • Ward Four Councillor Leonard O'Leary addressed the Board and asked to have the number of homes explained. Chris Mello reviewed the total and it came to 149 homes. Councillor O'Leary noted that the foundation that they built on Marlborough Road filled up with water. Paul Durand noted that this plan moves in the direction that the Planning Board intended and he feels that they are moving in the right direction. John Moustakis stated that he would like to see them consider Planning Board input in their criteria for a traffic study. Gene Collins stated that there are standard procedures for traffic studies and he did not feel that they would get a lot of different information with additional requests. Walter Power noted that either the developer will pay for the Planning Board study or the Planning Board can request a peer review of the developers traffic study. Denise McClure noted that the last time the Board did this they worked out a peer review of the developers results which resulted in additional traffic recommendations for the area. Christine Sullivan noted that the work on Marlborough Road is about to get under way and questioned if the contractor for that project has been made aware of this project. Chris Mello stated that they have been in contact with them. John Moustakis stated that the Board has seen a lot of traffic studies that show no • impact and it turns out otherwise. He stated that he would like to make sure that the Board has as much input into that as possible. Walter Power stated that he would also like to have a handle on the stormwater management and drainage for the site. Chris Mello stated that a lot of engineering will be going into that phase of the project. He also noted that once the wetland delineation is approved they can move forward with the design. Walter Power asked what the size of the lots would be. Mr. Mello stated that they would be 70-80 feet wide and 90 feet deep. Walter Power asked if the developer plans to deed the open space to the City. Mr. Mello stated that they are not even close to deciding that. Christine Sullivan stated that she feels disadvantaged because she is not a land designer. She stated that she thinks the cluster concept is good, but questioned if it was best for this site. Atty. McGrail addressed the Board and told them not to lose focus of this process. He stated that this is a preliminary process and the purpose of it is for the Board to give the developer feedback so they can fine tune the plans for a Form C application to the Board. Denise McClure agreed and noted that as they get further along in the planning process lots and roads will shift and the Board will be involved in that. Christine Sullivan stated that she understands that the Board is approving a concept • at this time without the details of the whole thing but noted that she has concerns about Barcelona Avenue and Marlborough Road and whether they can handle the traffic as well as the storm drainage. 4 • Gene Collins stated that he likes the original idea of a traditional subdivision as he would prefer less houses. He also noted that the traffic will be there regardless of the type of subdivision that is built. He also stated that he likes the idea of multiple access points. Walter Power noted that there are two members absent this evening and questioned if the Board should vote on this tonight. Atty. McGrail stated that the Board is being asked to approve a preliminary plan suggesting modifications and they should approve or disapprove it and ask for things they would like to see in the plan. He stated that they would like a decision this evening. Valerie Gingrich reviewed the draft decision for the project. Christine Sullivan stated that the traffic study language needs to be amended to include at a minimum a peer review of the applicants traffic study. There being no further questions or comments regarding this matter a motion was made by John Moustakis to approve the decision for the Form B for Osborne Hills Realty Trust, seconded by Paul Durand and approved 6-1 with Gene Collins opposed. Continuation of Amendment to Site Plan Review Decision - 309 Highland Avenue/4- • 5 Greenledge Street - Mr. Stutz Plaisted Attorney Jack Keilty addressed the Board and reviewed the history of the property. He noted that the matter has been continued on several occasions and they have not been able nor do they anticipate that they will be able to achieve a compromise. He explained that Mr. Plaisted improved his building which is used for auto body repairs and put in a service center in a separate building. He explained the changes to the approved plans and noted the as built plans. He explained that the islands along Greenledge Street were replaced with jersey barriers in order to secure equipment and satisfy financing requirements. He also noted that they applicant cannot install the proposed islands on the other side of the street if the landowner refuses to allow it. He also explained that this is registered land and a private way and somewhere along the way the city fixed the drains etc. Atty. Keilty noted that the barb wire coiling on the jersey barriers could be removed if the Board so desires, as well as other aesthetic improvements. Atty. Keilty asked the Board to allow the amendment of the special permit showing the improvements. John Moustakis stated that he would like to see anything but the jersey barriers there, suggesting a wall with a fence on it would be better. Atty. Keilty suggested that they could look into a brick master facade for the jersey barriers. He requested that the matter be continued to the next meeting and notify the abutters that the matter will have action taken on it. • 5 • There being no further comments or questions regarding this matter this evening a motion was made by John Moustakis to continue the matter to May 6, 2004, seconded by Gene Collins and approved. Approval of Minutes The minutes of the Salem Planning Board meeting held on November 6, 2003 were presented for approval. John Moustakis moved approval, seconded by Gene Collins and approved. Old / New Business John Moustakis requested information about the Osco Property on Boston Street. David Weiner requested information on the plans that were approved for the renovations at O'Rourke Brothers Memorials on North Street. There being no further questions or comments regarding this matter a motion was made by John Moustakis to adjourn the meeting, seconded by Pam Lombardini and approved. The meeting was adjourned at 9:30 p.m. Respectfully submitted by: • Eileen M. Sacco, Clerk Salem Planning Board PB040104 6 . o CITY OF SALEM CITY OF SALVI, MIA CLERKS OFFICE ` PLANNING BOARD Notice of Meeting You are hereby notified that the Salem Planning Board will hold its regular meeting on Thursday, March 18, 2004, at 7:00 PM in Room 313, Third Floor at 120 Washington Street. -.I I V6 Walter B. Power, III Chairman Tentative Agenda: 1. Continuation of Public Hearing—Form C—Definitive Subdivision—Saunders & Pearl • Streets 2. Form B-Marlborough Road—Mr. Paul DiBiase, Trustee of Osborne Hills Realty Trust 3. Amendment to Site Plan Review and Wetlands and Flood Hazard District Special Permit - Pickering Wharf Hotel-223-231 Derby Street and 23 Congress Street. 4. Approval of Minutes 5. Old/New Business This noticeRo ,s<_;:,: Board` Ave.,City Hall : ..;.: ti�-r e. S1se :I, 7ne12. i6 A04 at 9, 3 q,91.1 in aCcordanc:� :;, ; OhO. 39 dw. 93A & 239 d�4 tUi.G.L. • 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 • WWW.SALEM.COM �v CITY OF SALEM PLANNING BOARD MEMORANDUM TO: Planning Board Members FROM: Valerie Gingrich Department of Planning & Community Development DATE: March 10, 2004 RE: Agenda–March 18, 2004 The following is a brief description of the items, which are listed on the attached agenda. Please contact me at the Department of Planning & Community Development at 978-745-9595, extension 311, if you have any questions pertaining to the agenda items. Continuation of Public Hearing—Form C—Definitive Subdivision—Saunders & Pearl Streets The project is expected to be continued. • Form B—Marlborough Road—Mr. Paul DiBiase, Trustee of Osborne Hills Realty Trust The applicant is proposing a 74-lot subdivision, which would be located between Marlborough Road and Barcelona Avenue. The 74 lots include the 5 lots along Marlborough Road, which are being divided in the Form A. The proposed subdivision would connect Marlborough Road and Barcelona Ave and would potentially be a cut-through for motorists. Numerous lots abut resource areas and wetlands. A force sewer system is proposed for the subdivision and it would connect at the end of Barcelona Ave. Of the 74 lots, 20 of the lots have an area that is exactly 15,000 square feet (the minimum required area). Comments From Engineering: • Additional survey is need in and around the location of proposed lots 28 and 29. Again, the lot numbering does not correspond on the Form A and the Form B. • The applicant needs to reflect the recent changes to Marlborough Road. ■ Runoff from the proposed lots, which are adjacent to the resource areas, will not be permitted to flow into resource areas. ■ Runoff will not be permitted to flow onto abutter's properties (Lot 29 slopes toward the abutting parcel). No drainage will be permitted to go to Marlborough Road. • All work off of Marlborough Road would need to be coordinated and completed prior to the completion of the reconstruction of Marlborough Road. • The applicant will need to comply with Phase 11 Stormwater Regulations ■ A feasibility study regarding utility capacity will need to be completed. V t 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 • WWW.SALEM.COM • Comments From the Conservation Agent: ■ The applicant will need to file a Notice of Intent with the Conservation Commission ■ The increase in surface area may create an increase in the volume of Strong Brook and cause flooding downstream. ■ The adjacent wetlands may be a tributary to the Peabody Reservoir and therefore, water quality may be an issue. The applicant proposes a sewer pump next to a possible water reservoir. ■ The lots next to the wetlands should be eliminated to create a greenspace buffer zone. ■ There is a steep slope at the beginning of Barcelona Avenue and a retaining wall may be needed. Amendment to Site Plan Review and Wetlands and Flood Hazard District Special Permit— Pickering Wharf Hotel-223-231 Derby Street and 23 Congress Street. The applicant has requested to amend the site plan review decision for the Pickering Wharf Hotel to show the expansion of the footprint of the building to house a stairwell. The addition to the footprint is indicated on the included plan. • 2 • Denise McClure updated the Board on the progress of this application. She explained that she met with Attorney Jack Keilty this week and he indicated that it has been a long negotiation process with the owners. She explained that they have not reached agreement with all parties concerned and she advised them to work it out among all of the parties. Denise McClure explained that they have installed jersey barriers with a fence on the top of it and they are looking at that. Ellen DiGeronimo asked if the legal department has resolved the question of who owns the property. She also questioned how the utilities got installed. Denise McClure stated that she does not know the answers to that at this point and noted that the lawyers have to determine ownership. She noted that it is not a public right of way. Chuck Puleo noted his concern about how the city can enforce a plan and make sure that it is done. He also questioned the occupancy of the building. -He suggested giving them a date as a deadline to resolve all of this. Denise McClure stated that Atty. Keilty has been in contact with Building Inspector Tom St. Pierre and from looking at the plan he does not think that the building is encroaching the other property. AAnoroval of Minutes • The minutes of the Planning Board meeting held on December 18, 2003 were presented for approval. Chuck Puleo moved to approve the minutes of December 18, 2003 as amended, seconded by Ellen DiGeronimo and approved. Old/New Business O'Rourke Memorials David Weiner expressed his concerns about the elevation of the building at O'Rourke Brothers Memorial on North Street. Valerie Gingrich will look into that. Conservation Overlay District-Salem Woods Denise McClure informed the Board that they have received notification from the City Council of the receipt of the Conservation Overlay District. She explained the purpose of the overlay district and noted that the Planning Board has 65 days in which to schedule the public hearing. She also explained that historically the Board has held joint public hearings with the City Council but the board can hold their own public hearing. Walter Power noted that John Moustakis is not present at tonight's meeting but noted that he has a concern regarding whether something that is allowed in the underlying district could be denied in the overlay district. Christine Sullivan expressed her concern. She attended the first public hearing in the • City Council Chambers after hearing about it in the newspaper and the Planning Board was never notified of it. She also noted that everyone should understand that this issue should make a powerful statement to dedicate open space. 3 Salem Planning Board Minutes of Meeting Thursday, March 18, 2004 A regular meeting of the Salem Planning Board was held on Thursday, March 18, 2004 in the third floor conference room at 120 Washington Street, Salem, Massachusetts at 7:00 p.m. Those present were: Chairman Walter Power, Paul Durand, Chuck Puleo, Ellen DiGeronimo, John Moustakis, Pam Lombardini and Christine Sullivan. Also present were Staff Assistant Valerie Gingrich, and Eileen Sacco, Clerk. Members Absent: David Weiner Continuation of Public Hearing - Form C - Definitive Subdivision - Saunders & Pearl Streets Chairman Walter Power read a letter from Attorney Jack Keilty requesting that the matter be continued to April 26, 2004. Gene Collins moved approval seconded by Chuck Puleo and approved. Form B - Marlborough Road - Osborne Hill Realty Trust - Paul DiBiase Trustee Atty. Brian McGrail addressed the Board and stated that Chris Mello is unavailable to attend the meeting this evening. . Atty. McGrail stated that in response to the Board's desire to look at the Cluster model they would agreed to look at that and are willing to sit down with the Planning Department on that. He also noted that they are willing to work with the Planning Board and are amenable to extending the date beyond the 45 days allowed by law for this Form B process. He noted that the law is clear on the time frame and it is unusual for extension to be granted but they would consider it in this case. Walter Power asked Attorney McGrail to issue a letter to the Planning Board granting the extension. Gene Collins addressed the Board and noted that if there is no appetite for the plan as presented, why continue the process. He recommended that the Board deny the plan and have the applicant come back at a later time with a different plan. Walter Power explained that the input from the Planning Board during this Form B process will enable the developer to save time and money by conferring with the Board. Walter Power suggested that the developer take his plan and the Conservation Commission wetland maps and compare them, noting that some of those lots may not be buildable. Valerie Gingrich noted that the Conservation Commission is in the process of reviewing the delineation of the wetlands and have retained an expert to do a peer review of the applicants delineation. She explained that when that process is complete and the wetlands are officially delineated the applicant can lay out the rest of his lots. Walter Power noted that it would behoove the developer to let the Board know what his intended access is. He urged that they pick the best way to access rather than settling for what is available. 1 • Attorney McGrail addressed the Board and stated that they can not penalize the owner for owning a large parcel of land. Walter Power acknowledged that and noted that it is the desire of the Planning Board to the future an assess the impact on the remaining property and he is hopeful that the developer will work with them. John Moustakis addressed the Board and noted that he feels that the developer knows how many homes they can potentially build on that site and the one in Peabody. He stated that he would like to see a complete traffic study based on the number of units they are eligible to build. Attorney McGrail stated that he would hesitate to agree to a traffic study on whole lots which are not before the Board. Christine Sullivan addressed the Board and referred to a newspaper article from the Lynn Item on March 15, 2004 which reported that the developer eyes 1000 units of senior housing on 70 acres of land in Peabody. She also noted that Councillor O'Leary had a copy of an 11 page document submitted to the Peabody City Council and at the last meeting the developer was distinctly asked what his plans were for the remaining land and we were told he had no plans at this time. Atty. McGrail responded that he was not aware that this Board had jurisdiction in Peabody. John Moustakis stated that it is incumbent upon this Board to plan ahead and we know what the possibility of what can go on those lots. He stated that the build out could be calculated within 5 houses. • Paul Durand addressed the applicant and stated that he has a problem looking at planning a road when a traffic study should be included and take the worst case scenario of the future into account. He requested that they look beyond the demarcation that is in the purview of the Planning Board and include some information about the plans for the Peabody side of the property. He also noted that is they are looking for another access point in Salem that is the jurisdiction of the Planning Board, noting that if they need access from Marlborough Road they will need approval from Salem. Walter Power stated that he was unclear as to whether or not the Board could talk about a cluster subdivision at this time. Atty. McGrail stated that there are no plans for a cluster subdivision at this time. He also noted that there would be no one plan that would make everyone happy and that is why there is a planning process. Walter Power stated that he felt that we would get a better land use by clustering it and save money on infrastructure etc. He stated that the developer has a right to develop his land, however the Planning Board has to try to get a meaningful development for the city. Christine Sullivan referred to the memo to the Peabody City Council and stated that she is sure that the City of Peabody is interested in what is going to happen in Salem. Denise McClure stated that Peabody has requested to see the Salem plans and Salem has requested to see the Peabody plans. Walter Power opened the hearing up for public comment at this time. Leona Budka of Home Street, Peabody, addressed the Board and expressed her concerns about flooding in the area. 2 Ward Four Councillor Leonard O'Leary addressed the Board and expressed his concerns that he just got this information and noted that the Peabody public hearing is scheduled for April 15, 2004. He also noted that the last house on Home Street is owned by the developer and he heard that it is included in the plan and is to be demolished. Charles Roberts of 7 Home Street addressed the Board and stated that in the past the developer has tried to access the property from Home Street and he has been denied. He also stated that he is concerned about traffic and noted that McGrath park is very busy during the soccer season. He noted that this would impact Ravenna Avenue, Barcelona Avenue, and Home Street. Kathy Santos of 6 Barcelona Avenue addressed the Board and expressed her concerns about traffic. Former Ward Five Councillor Kim Driscoll of 6 Glenn Avenue addressed the Board and noted that she is new to the neighborhood having moved there this past fall. She expressed her concerns about the impact of the development including the Peabody portion. She noted that other developers have been asked to contribute neighborhood improvements noting that the Corcoran Developers contributed $150,000 for the pumping station. She also noted that there would be an impact on the schools and other city services. She also questioned when the developer anticipated filing the Form C for the project and when construction would start. Atty. McGrail stated that they would be filing when the plan is ready. . Roger Leger of Marlborough Road addressed the Board and asked if the developer ever considered meeting with both cities regarding this development. Walter Power stated that he would like to talk more about that. Mr. Leger also expressed his concerns about grinding that has been taking place on the site that starts at 7:00 a.m. Denise McClure informed the residents that if work is taking place before 8:00 a.m. they should call the police department and the engineering department and report it. Denise McClure addressed the Board and stated that she has had a conversation with Mr. DiBiase regarding cluster development and recommend that the matter be continued. She stated that if the applicant is willing to give some thought to the lay out that would be helpful. Walter Power agreed and suggested that the matter be continued to allow the Planning Board to continue a dialog with the developer. Atty. McGrail addressed the Board and stated that they want to keep the lines of communication open with the Planning Board. He also noted that they are going back to the Conservation Commission on April 8, 2004 and they can't make a determination on the layout until the wetland delineation is approved. Ellen DiGeronimo expressed her concerns about runoff and drainage and noted there is no underground drainage system. Denise McClure stated that she will look into that further. • There being no further questions or comments regarding this matter a motion was made by Gene Collins to continue the public hearing to April 1, 2004, seconded by Ellen DiGeronimo and approved. 3 Amendment to Site Plan Review and Wetlands and Flood Hazard District Special Permit - Pickering Wharf Hotel - 223-231 Derby Street and 23 Congress Street Atty. Joseph Correnti addressed the Board and explained that the Board is very familiar with this project. He noted that owner Hillary Rockett is present this evening and great progress has been made on the site. He explained the improvements to the site and noted that DEP asked for more open space and one parking space was moved to provide that. He also noted that the cross walk has been relocated. He also noted that some adjustments have been made to the handicapped parking spaces. Hillary Rockett explained the changes to the building that have been made. He explained that the function room has been moved out and is 200 s.f. Chuck Puleo questioned if the changes made to the plans affected any other permits. Atty. Correnti stated that none of the permits are affected. Christine Sullivan asked when they expect the hotel to open. Mr. Rockett stated that they are accepting reservations for August. There being no further questions or comments regarding this matter a motion was made by Gene Collins to approve the changes to the amended site plan for the Pickering Wharf Hotel, seconded by Ellen DiGeronimo and approved. Old/New Business . Gene Collins addressed the Board and thanked Chuck Puleo for the great job he did in chairing the last meeting in the absence of Mr. Power. There being no further questions or comments regarding this matter a motion was made by John Moustakis to adjourn the meeting, seconded by Pam Lombardini and approved. The meeting was adjourned at 8:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Planning Board PB031804 •1- 4 0 �v CITY OF SALEM PLANNING BOARD MEMORANDUM TO: Planning Board Members FROM: Valerie Gingrich Department of Planning & Community Development DATE: February 26, 2004 RE: Agenda–March 4, 2004 The following is a brief description of the items, which are listed on the attached agenda. Please contact me at the Department of Planning & Community Development at 978-745-9595, extension 311, if you have any questions pertaining to the agenda items. Form A-11 '/z-13 Albion Street—Mr.John Derby This Form A plan divides the existing parcel, into two new lots (Lot A and Lot B). The parcel contains two primary structures, which were built prior to the adoption of the subdivision regulations. • According to the subdivision regulations, "The division of a tract of land on which two or more buildings were standing when the subdivision control law went into effect in the City of Salem in separate lots on each of which one of such buildings remains standing, shall not constitute a subdivision." Therefore, the parcel can be divided as shown on the attached Form A plan and does not have to meet the zoning requirements. Form A—Marlborough Road—Mr. Paul DiBiase,Trustee of Osborne Hills Realty Trust This Form A plan divides the existing lot (map 9, lot 1), which is located along Marlborough Road, into seven new lots, all of which front on Marlborough Road. Lot 1 has approximately 18,684 square feet and is 100 feet in width at the 15-foot setback. Lot 2, which is adjacent to Lot 1 has approximately 19,317 square feet and also has adequate width. Lot 3 has approximately 67.66 acres and the required . 100-foot lot width. Lots 4, 5, and 6 are all over the required 15,000 square feet of area and all are 100, feet at the setback. Lot 7 is approximately 168.87 acres and also has the required 100-foot lot width. Updated Information: Revised, stamped plans were submitted to the DPCD, which include lot width measurements for each of the lots. Comments From Engineering: ■ Lots 4, 5 and 6 are numbered differently on the Form B subdivision plan. This should be cleared up for referencing purposes. • ■ All work on or adjacent to Marlborough Road must be coordinated with NU-M's contractor so as not to interfere with the reconstruction of Marlborough Road. All utility, roadway/sidewalk I 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 0 WWW.SALEM.COM or related work must be completed prior to the resurfacing of Marlborough Road. There will be • either a 3 or 5 year moratorium on excavating the finished roadway work. ■ Because these lots did not exist prior to the start of work on Marlborough Rd, the developer will need to comply with the new design of the roadway and be responsible for adding granite curbing and concrete sidewalks. • The plans need to reflect the changes in roadway configuration and be so noted. The plans do not seem to take into consideration that there are roadway alignment changes, added concrete sidewalks and added granite curbing. Form B—Marlborough Road—Mr. Paul DiBiase, Trustee of Osborne Hills Realty Trust The applicant is proposing a 74-lot subdivision, which would be located between Marlborough Road and Barcelona Avenue. The 74 lots include the 5 lots along Marlborough Road, which are being divided in the Form A. The proposed subdivision would connect Marlborough Road and Barcelona Ave and would potentially be a cut-through for motorists. Numerous lots abut resource areas and wetlands. A force sewer system is proposed for the subdivision and it would connect at the end of Barcelona Ave. Of the 74 lots, 20 of the lots have an area that is exactly 15,000 square feet (the minimum required area). Comments From Engineering: ■ Additional survey is need in and around the location of proposed lots 28 and 29. ■ Again, the lot numbering does not correspond on the Form A and the Form B. • The applicant needs to reflect the recent changes to Marlborough Road. ■ Runoff from the proposed lots, which are adjacent to the resource areas, will not be permitted to flow into resource areas. ■ Runoff will not be permitted to flow onto abutter's properties (Lot 29 slopes toward the abutting parcel). ■ No drainage will be permitted to go to Marlborough Road. ■ All work off of Marlborough Road would need to be coordinated and completed prior to the completion of the reconstruction of Marlborough Road. ■ The applicant will need to comply with Phase B Stormwater Regulations ■ A feasibility study regarding utility capacity will need to be completed. Comments From the Conservation Agent: • The applicant will need to file a Notice of Intent with the Conservation Commission ■ The increase in surface area may create an increase in the volume of Strong Brook and cause flooding downstream. • The adjacent wetlands may be a tributary to the Peabody Reservoir and therefore, water quality may be an issue. The applicant proposes a sewer pump next to a possible water reservoir. ■ The lots next to the wetlands should be eliminated to create a greenspace buffer zone. ■ There is a steep slope at the beginning of Barcelona Avenue and a retaining wall may be needed. • 2 0 CITY OF SA`L�,R1 .j1A CITY OF SALEM GL..E:RVS- 0) - CE PLANNING BOARD , IOWA - P 3122 Notice of Meeting You are hereby notified that the Salem Planning Board will hold its regular meeting on Thursday, March 4, 2004, at 7:00 PM in Room 313,Third Floor at 120 Washington Street. Walter B. Power, III Chairman Tentative Agenda: 1. Form A-11 I/2-13 Albion Street=Mr. John Derby • 2. Form A—Marlborough Road—Mr. Paul DiBiase, Trustee of Osbome Hills Realty Trust I Form B—Marlborough Road—Mr. Paul DiBiase,Trustee of Osborne Hills Realty Trust 4. Continuation of Public Hearing--Site Plan Amendment—Stutz Volvo-309 Highland Avenue/4-5 Greenledge Street-Stutz Plaisted 5. Approval of Minutes 6. Old/New Business Thla rlotice Posted on Official BulletM Board" Clty Mall Ave., Salem, Mass. on 'A,,_ r :� at J'a��p in accordan., � w�h Chap. 38 .� 23A A Nd Of M.G.L. 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 WWW.SALEM.COM �v CITY OF SALEM f PLANNING BOARD MEMORANDUM TO: Planning Board Members FROM: Valerie Gingrich Department of Planning & Community Development DATE: February 12, 2004 RE: Agenda–February 19, 2004 The following is a brief description of the items, which are listed on the attached agenda. Please contact me at the Department of Planning & Community Development at 978-745-9595, extension 311, if you have any questions pertaining to the agenda items. Form A—Marlborough Road—Mr. Paul DiBiase,Trustee of Osborne Hills Realty Trust • This Form A plan divides the existing lot (map 9, lot 1), which is located along Marlborough Road, into seven new lots, all of which front on Marlborough Road. Lot 1 has approximately 18,684 square feet and is 100 feet in width at the 15-foot setback. Lot 2, which is adjacent to Lot 1 has approximately 19,317 square feet and also has adequate width. Lot 3 has approximately 67.66 acres and the required 100-foot lot width. Lots 4, 5, and 6 are all over the required 15,000 square feet of area and all are 100 feet at the setback. Lot 7 is approximately 168.87 acres and also has the required 100-foot lot width. All of the lots meet the requirements of lot area and lot width. All lots front on the existing Marlborough Road. This Form A is appropriate for the Board to sign. • t 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM • Salem Planning Board Minutes of Meeting Thursday, March 4, 2004 A regular meeting of the Salem Planning Board was held on Thursday, March 4, 2004in the third floor conference room at 120 Washington Street, Salem, Massachusetts at 7:00 p.m. Those present were:, John Moustakis, Gene Collins, Paul Durand, Pam Lombardini, Chuck Puleo, Ellen DiGeronimo, David Weiner and Christine Sullivan. Also present were Staff Assistant Valerie Gingrich, and Eileen Sacco, Clerk. Members Absent: Chairman Walter Power In the absence of the Chairman Walter Power, Chuck Puleo assumed the chair. Form A - 11 1/2 -13 Albion Street - Mr. John Derby Mr. John Derby addressed the Board and explained his Form A plan. He stated that the property consists of two existing buildings that were built prior to the Subdivision Control Law. Chuck Puleo stated that the plan is in order. Ellen DiGeronimo noted that access is proper. • There being no further questions or comments regarding this plan a motion was made by Pam Lombardini to approve the Form A for 11 1/2 -13 Albion Street, seconded by Ellen DiGeronimo and approved. Form A - Marlborough Road - Mr. Paul DiBiase, Trustee, Osborne Hills Realty Trust Assistant City Planner Denise McClure addressed the Board and explained that the applicant has filed both a Form A and a Form B for his property. She noted that the Form A, Approval Not Required is for lots that are on an approved public way and have frontage between 15,000 - 18,000 s.f. Mrs. McClure explained that the Form B allows the applicant or property owner to show the plans to the Planning Board for comment from the Board and the Board can approve or deny the plan. The applicant has to file a Form C Definitive Subdivision plan, which his a fully engineered plan and approval of that plan would give the applicant the right to build. Attorney Brian McGrail of 599 North Avenue, Wakefield, MA., addressed the Board on behalf of his client, Paul DiBiase. Atty. McGrail stated that it is important to stress that the Approval Not Required is a non discretionary event and the applicant is entitled to approval. He noted that the plans for the Form A were presented to the Planning Board two weeks ago. Chuck Puleo noted that at the last meeting a concern of the Board was to try and do something that would reduce the entry points along Marlborough Road. He recalled • that Chairman Walter Power had suggested that leaving space for additional access at Lot 3 would be a solution. Atty. McGrail stated that they would consider that as 1 • they go into the building process, noting that he has no authority to make any commitments at this time. Ellen DiGeronimo addressed the applicant and noted that we have the potential for the highway project and the development of this property and questioned if they are coordinating with the state on this project. Atty. McGrail stated that they would have to coordinate with the highway department. Chris Mello, of Eastern Land Survey addressed the Board and stated that they have been in contact with the contractor for the Marlborough Road project. He explained the locations of the utilities on the plan and stated that they expect to have the installation of the utilities completed before the completion of the Marlborough Road Project. Atty. McGrail stated that they are not making any commitment on this Approval Not Required filing. Christine Sullivan referred to comments from the City Engineer and noted that being a good citizen is not precluded by this being a Form A. Ellen DiGeronimo noted that it is important for people to hear what she considers to be common sense ideas from the Board. Chris Mello noted that they have resubmitted the plans showing the setbacks as requested by the Planning Board. There being no further questions or comments regarding this matter a motion was made by Ellen DiGeronimo to approve the Form A for Osborne Hills Realty Trust, seconded by John Moustakis and approved. Chuck Puleo noted that the Planning Board recognizes that they are legally responsible to recognize the law and he hopes that the developer will look at ways to reconfigure the design of the project to allow shared driveways on lots 4, 5, and 6. Form B - Marlborough Road - Mr. Paul DiBiase Trustee, Osborne Hills Realty Trust Attorney Brian McGrail addressed the Board and explained the Form B process as stated in Massachusetts General Laws. He noted that this is a preliminary process and not a public hearing. He further explained that the Planning Board has 45 days to act on the plan and in reality the decision made on the plan has no relevance as the applicant will have to file a Form C - Definitive Subdivision Plan for the review of the Board. Ward Four City Councillor Leonard O'Leary addressed the Board and stated that it seems that the Attorney does not want to grant any extensions in the process, should the Planning Board find that they need more time to act on this plan. Atty. McGrail stated that the law does not allow for extensions in this process and recited the law to the Planning Board. He stated that it is not his intention to put pressure on the Board and he would be willing to talk about an extension at the appropriate time. 2 • Chris Mellow of Eastern Land Survey addressed the Board and explained the Form B Plan to the Board. David Weiner questioned the radius of the cul-de-sac. Mr. Mello stated that it is 60 feet with sidewalks on both sides. Chuck Puleo questioned if the plan reflects the topography. Mr. Mello stated that the plan shows the existing topography for the entire site. Christine Sullivan addressed the applicant and stated that this is a lackluster, uninspired, cookie cutter plan and there are lots of other options for land planning that can be looked at such as a cluster subdivision. She also questioned why they would submit a drab plan and stated that she would like to see a plan that is less dense in area and provides for more open space. Atty. McGrail stated that he appreciated the honesty of the members of the board and noted that this is what the process is for and allows the Planning Board to suggest what they would like to see. He also noted that by filing this plan the applicant is afforded zoning protection should any changes be made to the zoning in that area. Ellen DiGeronimo asked what their time frame is for the project. Atty. McGrail stated that Mr. DiBiase is looking to build quickly. John Moustakis addressed Atty. McGrail and asked what their plans are for the other two lots owned by Mr. DiBiase including the land in Peabody. He noted that as a Planning Board they should be looking at the big picture. He stated that he would like to see a plan that shows the whole area including the property in Peabody. Gene Collins agreed and noted that the Board has to look at what is being developed and how it will impact the community. He stated that he is hoping that Mr. DiBiase will work with the Planning Board to methodically come up with a plan that can take us well into the future and take the concerns of the neighbors very seriously during the planning process. John Moustakis stated that traffic and drainage seem to be the two main concerns. Paul Durand stated that he would like to see much more preserved open space on the plan. Christine Sullivan stated that she felt that this is a unique opportunity to do something good and she would expect better from the developer. Atty. McGrail addressed the Board and stated that the Subdivision process is not designed as a friendly process. He stated that he appreciates the comments made this evening and he hopes that the Planning Board will recognize that it is virtually impossible to make everyone happy from their side of the table. Ellen DiGeronimo stated that she is concerned about aesthetics and also the issue of safety. She particularly noted lots 4,5, and 6 and noted that she would think that • anyone who purchase them would be concerned about that as well. 3 Chuck Puleo, notice that this is not a public hearing, opened the meeting up for public comment at this time. Councillor O'Leary addressed the Board and expressed his concerns about the location of his property on the plan. He also noted that the applicant will be before the Conservation Commission next week and there are the same issues present that existing during the Steadman application. He stated that he is going to request that the Conservation Commission get a peer review of the wetland delineation. Councillor O'Leary also expressed his disappointment that the developer is not present at the meeting to hear the concerns of the neighbors. A resident of Scenic Avenue addressed the Board and expressed his concerns about additional traffic. He stated that a development of this size could produce an additional 250 cars on Marlborough Road which is already heavily traveled. Chip Roberts of 7 Home Street addressed the Board and expressed his concern about heavy rains and flooding problems that already exist. He noted that the water table has risen dramatically since the new homes on Marlborough Road have been built. He also noted that there are several rotten trees that need to be removed. Mr. Roberts also expressed concern about the location of the access road across from McGrath Park. George Gauthier of 85 Marlborough Road addressed the Board and expressed his concerns about drainage. He noted that there are flooding problems in the area and he would like to see more information on the their plans for drainage. Chuck Puleo noted that the Conservation Commission would be addressing that issue and would review the drainage calculations thoroughly. Elizabeth Rutkowski of Barcelona Avenue addressed the Board and expressed her concerns about the potential increase in traffic on Barcelona Avenue. She noted that the neighbors were disrupted when the EPA did the clean up back there and 20 wheel trucks were going through the neighborhood. Gladys Broughton of Peabody addressed the Board and stated that she is concerned about the impact on the neighborhood. She also noted that the developer owns a rental property at the end of Home street that is rumored to be slated for demolition as part of this project. Councillor At Large Kevin Harvey addressed the Board and thanked them for their comments. He stated that this kind of massive development makes no sense and questioned what rights we have for additional information regarding this project. He noted that the most important delineation of the wetlands is critical.and stressed that if they can't please everyone they should at least try to please someone. John Moustakis asked if the Board could request a traffic study on the area. He noted that the next phase includes a study but that could be too late to look at what he foresees as serious traffic problems. Christine Sullivan asked Attorney McGrail and Mr. Mello if there were any plans for . any other parts of this land owned by the developer. Mr. Mello stated that there were no plans right now for further development by the owner and noted that he should know because he does all of his plans. Atty. McGrail stated that at some 4 point all of the property would be developed and he respects the Board's desire to • know what is going on, however they should respect his client's rights under the law. Christine Sullivan stated that the developer should be a good neighbor to these people and work with them. Chuck Puleo stated that the Board is responsible to minimize the impact that this project will have on the neighborhood. Mario Rosa of 141 Marlborough Road addressed the Board and expressed his concern about drainage going into the brook and the river and the erosion that will occur. Chuck Puleo noted that the developer cannot increase the runoff or the affect the quality of water and that will be addressed by the Conservation Commission. Terry Walker of Appleby Road addressed the Board and expressed her concerns about the increase in traffic and the affect on the children in the neighborhood. She noted that there is a bus stop in the area and many kids wait there for the bus. Jerry Irish of Sophia Road addressed the Board and expressed his concerns about runoff in the Highland Avenue area. He noted that Ravenna Avenue and Pyburn Avenue are all wetlands and this development is not going to solve the water problems that they already have. He also noted that the area has changed since the completion of the Peabody Golf Course. A resident of 43 Homes Street addressed the Board and expressed his concerns about blasting noting that the area is all ledge up there. • Roger Leger of 64 Marlborough Road addressed the Board and noted that the neighbors should have been notified about this meeting. Atty. McGrail stated that that since this is not a public hearing, notification was not required. Ron Christianson of Sherwood Avenue in Peabody addressed the Board and expressed his concerns that he has flooding problems that he has never had before. He also expressed his disappointment that Mr. DiBiase is not here this evening. Councillor At Large Joan Lovely addressed the Board and stated that it is not unreasonable for the City of Salem to ask what is going to happen on the Peabody side of the property. She also asked if they could project how many houses they can build at full build out of the project, noting that there is no appetite on the city council to change the zoning up there. Councillor At Large Arthur Sargent addressed the Board and expressed his concerns about the effects a project of this size will have on water and sewer. He also noted that is seems that we are having 100 year storms every five years or so. There being no further questions or comments regarding this matter a motion was made by Gene Collins to continue the matter to March 18, 2004, seconded by Ellen DiGeronimo and approved. Continuation of Public Hearing - Site Plan Amendment - Stutz Volvo - 309 Highland Avenue/4-5 Greenledge Street -Stutz Plaisted John Moustakis addressed the Board and stated that he thinks that the Board should set a deadline with Stutz Volvo as this matter has been continued for sometime. 5 • Valerie Gingrich stated that the Attorney for the project, lack Keilty has stated that they are coming back with a plan that does not include the Greenledge property. Chuck Puleo read a letter into the record from Atty. Keilty requesting that the matter be continued to April 1, 2004. Gene Collins moved to continue the public hearing for Stutz Volvo to April 1, 2004, seconded by Christine Sullivan and approved. Old / New Business David Weiner noted that he was surprised by the final site plan of O'Rourke Brothers Monuments on North Street, noting a fence that was put up. Valerie Gingrich will check on that and report back to the Planning Board. There being no further business to come before the Planning Board at this meeting a motion was made by Ellen DiGeronimo to adjourn the meeting, seconded by Paul Durand and approved. The meeting was adjourned at 9:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Planning Board • PB030404 • 6 CITY OF SALEM G►TY of SA1,A PLANNING BOARD Ci,�li. . 7 .J i' Notice of Meeting. You are hereby notified that the Salem Planning Board will hold its regular meeting on Thursday, February 19, 2004, at 7:00 PM in Room 313,Third Floor at 120 Washington Street. Walter B. Power, II1 Chairman Tentative Agenda: • 1. Form A—Marlborough Road—Mr. Paul DiBiase,Trustee of Osbome Hills Realty Trust 2. Old/New Business This notla® posted on "official Bulletin Boards CRY all AVG., Salem, Niass. on 17f0 at 19 P accort�ane3 lug Ct 4p. 39 . 23A Z3�. ®P BVI.inG.L. 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 °TEL: 978.745.9595 FAx: 978.740.0404 ° WWW.SALEM.COM Salem Planning Board Minutes of Meeting Thursday, February 19, 2004 A regular meeting of the Salem Planning Board was held on Thursday, February 19, 2004 in the third floor conference room at 120 Washington Street, Salem, Massachusetts at 7:00 p.m. Those present were: Chairman Walter Power, Paul Durand, Chuck Puleo, Ellen DiGeronimo, David Weiner, John Moustakis, Pam Lombardini and Christine Sullivan. Also present were Staff Assistant Valerie Gingrich, and Eileen Sacco, Clerk. Members Absent: Gene Collins Form A - Marlborough Road - Paul DiBiase Chris Mello of Eastern Land Survey addressed the Board and explained the plan. He noted that they filed additional plans with the Salem Conservation Commission as well. Denise McClure addressed the Board and explained that the applicant has filed a Form A and they do conform to the requirement of a Form A, noting that these lots are not included in the Preliminary Subdivision that the applicant expects to file for 74 lots and that will be before the Board at the next meeting. She also noted that this is separate from the Form B. • Christine Sullivan addressed the applicant and stated that she felt that it makes more sense to look at the whole project rather than in pieces. Walter Power agreed but noted that the applicant has a right to do this. He also noted that access to the entire site is a concern and noted that the Planning Board should look at this carefully. David Weiner stated that if the Planning Board is going to see the other plans in two weeks the Board should be able to see them all together. Walter Power noted there is a 21 day period for the Board to act on the plan once it is filed. Christine Sullivan stated that she has concerns that the Board should see all of the project to see that it fits into the area. Chris Mello stated that this plan is being presented because the lots conform and they have the right to divide them and build on them right away. Denise McClure addressed the Board and cautioned that this is a Form A application and that full review is not appropriate. She noted that it is his right as a property owner to come in for a Form A. She also noted that the lots meet the frontage requirements and have frontage on a public way. Walter Power agreed and noted that he feels strongly that access to the entire area is going to be a major issue. Chuck Puleo stated that he would like to see an assessors map and noted that • Barcelona Avenue extends to the Britton property. He also asked how the development would be accessed. Chris Mello stated that the plan is to exit the development across from the soccer field on Marlborough Road. . Christine Sullivan noted that because this is a preliminary plan the neighbors do not have to be notified. She suggested that the applicant take the concerns of the Board into consideration and come back with the subdivision plan. Chris Mello explained that the applicant has filed this preliminary plan to freeze the zoning to R1 which allows 15,000 s.f. of frontage Walter Power noted that the Planning Board is interested in cluster zoning throughout which would save infrastructure and provide more open land. He also noted that it would increase the number of lots for the developer. Chuck Puleo stated that the road way system for the development would be his biggest concern and recommended that they be flexible on that. Chris Mello stated that if the Planning Board wants two cul-de-sacs they would be agreeable to that. Chuck Puleo stated that he is concerned with what the neighbors think and noted that he is concerned about approving a plan with no neighbors present. Walter Power noted that he will not be present at the next meeting. He reviewed the proposed entrances on Marlborough Road and expressed his concern about the size of the road. Chris Mello stated that he would discuss the concerns with his client. Walter Power stated that he would like to hear from the developer on the issue of access before approving the A&R. He suggested that they should combine the entrance lots 1 and 2 and provide shared driveways to minimize the number of curb cuts in the road and make Marlborough Road a little safer. He also noted that he would like Mr. DiBiase's assurance that he would be willing to do that. He recommend that the matter be continued to the next meeting. He asked the developer to consider rear entrances for those five lots to reduce curb cuts on Marlborough Road. Ellen DiGeronimo questioned requiring the rear entrance to the property would diminish the value of the property. She stated that she would be concerned if the requirement would diminish the property for the home owners. Walter Power stated that he did not think it would affect the values of the property. Denise McClure addressed the Board and reported that the only concern of the Building Department is the Marlborough Road project. She noted that the new project will have curb cuts etc. and that needs to be considered so as not to disturb the construction work being done on Marlborough Road. There being no further questions or comments regarding this matter this evening a motion was made by Christine Sullivan to continue the Public Hearing to March 4, 2004, seconded by Ellen DiGeronimo and approved. Old / New Business • Denise McClure addressed the Board and reported on the progress of the proposed Conservation Overlay District. She reviewed the history of it and explained the 1 process to the Board. She stated that she has not scheduled the public hearing yet and noted that the Planning Department will provide a staff report for the Board. Christine Sullivan stated that she would like to see the original act or legislation that created the Salem Woods and also the document that granted control of it to the Salem Park and Recreation Department. She stated that she would also like to see an analysis of what it means if it is included in the overlay district. John Moustakis stated that he would like to have City Solicitor John Keenan meet with the Planning Board on the matter. There being no further questions or comments regarding this matter a motion was made by John Moustakis to adjourn the meeting, seconded by Pam Lombardini and approved. The meeting was adjourned at 8:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Planning Board PB021904 • • CtCLfRTX OF'Jf SAS. .M. :j- • CITY OF SALEM -SOW-1i, � PLANNING BOARD .100U.JAN ! .., 13--P,2-,;381 Notice of Meeting You are hereby notified that the Salem Planning Board will hold its regular meeting on Thursday, January 15, 2004, at 7:00 PM in Room 313,Third Floor at 120 Washington Street. Walter B. Power, III Chairman Tentative Agenda: 1. Approval of Minutes 2. Form A-136 Highland Avenue—City of Salem • 3. Continuation of Public Hearing-Site Plan Review-210 Essex Street/One Salem Green-Salem Five Cent Savings Bank 4. Continuation of Public Hearing--Site Plan Amendment—Stutz Volvo-309 Highland Avenue/4-5 Greenledge Street-Stutz Plaisted 5. Old/New Business -Parlee Street Subdivision-Release of Funds This notice posted on "Official B4letin Board' City Fall Ave., Salem, Mass. on J�N 13 2004 at 38 19M in accordance with Chap. 39 3®0. 41 3A d 23B of M.G.L. 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM V CITY OF SALEMerLEf s A PLANNING BOARD Notice of Meeting You are hereby notified that the Salem Planning Board will hold its regular meeting on Thursday, February 5, 2004, at 7:00 PM in Room 313, Third Floor at 120 Washington Street. Walter B. Power III Chairman Tentative Agenda: 1. Continuation of Public Hearing—Form C—Definitive Subdivision—Saunders &Pearl Streets • 2. Form A-5-7 Liberty Hill Avenue—Mr.Paul Michaud 3. Continuation of Public Hearing-Site Plan Review=210 Essex Street/One Salem Green-Salem Five Cent Savings Bank 4. Continuation of Public Hearing=-Site Plan Amendment—Stutz Volvo-309 Highland . Avenue/4-5 Greenledge Street-Stutz Plaisted 5. Approval of Minutes 6. Old/New Business This Cty HailcAve., Salem, Mosted on ass. on rP6.tla®CB0101' at J! 13PM in accordance with Chap. 39 fte, 23A & 238 of M.G.L. 1'20 WASHINGTON .STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 • WWW.SALEM.COM CITY OF SALEM PLANNING BOARD MEMORANDUM TO: Planning Board Members FROM: Valerie Gingrich Department of Planning & Community Development DATE: January 29, 2004 RE: Agenda–February 5, 2004 The following is a brief description of the items, which are listed on the attached agenda. Please contact me at the Department of Planning & Community Development at 978-745-9595, extension 311, if you have any questions pertaining to the agenda items. Continuation of Public Hearing—Form C—Definitive Subdivision—Saunders Street & Pearl Street The applicant will be requesting a continuation until the meeting to be held on Thursday, March 18, • 2004. Form A-5-7 Liberty Hill Avenue—Mr. Paul Michaud This Form A plan divides the existing parcel, into two new lots (Lot A and Lot B). The parcel contains two primary structures, which were built prior to the adoption of the subdivision regulations. According to the subdivision regulations, "The division of a tract of land on which two or more buildings were standing when the subdivision control law went into effect in the City of Salem in separate lots on each of which one of such buildings remains standing, shall not constitute a subdivision." Therefore, the parcel can be divided as shown on the attached Form A plan and does not have to meet the zoning requirements. The plan shows a proposed 3' easement between the two proposed lots. Continuation of Public Hearing-Site Plan Review-210 Essex Street/One Salem Green-Salem Five Cent Savings Bank The Salem Five Cent Savings Bank recently purchased One Salem Green, and they are currently using the building for offices. The applicant proposes to construct a two-story pedestrian bridge between One Salem Green, which is five stories, and 210 Essex Street, which is three stories, for security and operational reasons. The proposed bridge is 720 square feet in area, 12'6" above the ground, supported by two columns on the southerly end, and would connect the second and third floors of the two buildings. Updated Information • The Board suggested that snow guards be placed on the roof to prohibit snow from falling on the parking lot below. The board suggested a condition in the decision, which addressed a future problem of snow falling from the bridge because of the shape of the roof. t 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM • The applicant has submitted the revised plans, which were presented to the board at their meeting on January 15, 2004. The applicant has also been asked to submit a construction management plan. The applicant will present their proposal to the SRA on February 11, 2004 for final approval. Continuation of Public Hearing--Site Plan Amendment—Stutz Volvo-309 Highland Avenue/4-5 Greenledge Street-Stutz Plaisted Updated Information The applicant and the abutters have met several times since the last Planning Board meeting to discuss a resolution to the issues on Green Ledge Street. Once a resolution is agreed upon, the applicant will present it to the Planning Board. I recommend that the Board incorporate the resolution into an amended site plan review decision. • 2 • Salem Planning Board Minutes of Meeting Thursday, February 6, 2004 A regular meeting of the Salem Planning Board was held on Thursday, February 6, 2004in the third floor conference room at 120 Washington Street, Salem, Massachusetts at 7:00 p.m. Those present were: Chairman Walter Power, Gene Collins, Paul Durand, Chuck Puleo, Ellen DiGeronimo, David Weiner and Christine Sullivan. Also present were Staff Assistant Valerie Gingrich, and Eileen Sacco, Clerk. Members Absent: John Moustakis, Pam Lombardini Continuation of Public Hearing - Definitive Subdivision Plan - 24 Saunders and Pearl Streets - Julianna Tache Walter Power read a letter from Attorney Jack Keilty requesting that the matter be continued to March 12, 2004. Gene Collins moved to continue the matter to the March 18, 2004 meeting, seconded by Christine Sullivan and approved. Form A - 5/7 Liberty Hill Avenue The applicant addressed the Board and explained that he is requesting approval of a Form A to subdivide his lot into two lots, which has two primary structures on it, • which have been there since 1890, prior to the subdivision control law. He reviewed the plan. Walter Power noted that there is a right of way noted on the plan to provide access to the lot in the rear and to provide a walkway. There being no further questions or comments regarding this plan a motion was made by Ellen DiGeronimo to approve the Form A for 5/7 Liberty Hill Avenue, seconded by Gene Collins and approved. Continuation of Public Hearing - Site Plan Review - Salem Five Cent Savings Bank - Construction of a Pedestrian Bridge Paul Durand recused himself from discussion of this matter. Atty. George Atkins addressed the Board and explained that they have completed their review with the Design Review Board and the DRB will be making a recommendation for approval to the Salem Redevelopment Authority. Atty. Atkins recalled that at the last meeting the Planning Board had two issues regarding the pedestrian bridge. He explained that the Board requested that the final plans show the change in the drainage pipe. The second issue that Atty. Atkins discussed was the matter of all of the storage of construction equipment being on bank property. He explained that the bank has an • agreement that was in place years ago when One Salem Green first opened that calls for a portion of land along the side of the building to be use by the city for parking �v CITY OF SALEM PLANNING BOARD MEMORANDUM TO: Planning Board Members FROM: Valerie Gingrich Department of Planning & Community Development DATE: January 8, 2004 RE: Agenda–January 15, 2004 The following is a brief description of the items, which are listed on the attached agenda. Please contact me at the Department of Planning & Community Development at 978-745-9595, extension 311, if you have any questions pertaining to the agenda items. Form A-136 Highland Avenue—City of Salem • The parcel at 136 Highland Avenue is a City owned lot. The City Solicitor has reviewed the parcel and has determined that a portion of it is surplus property. The purpose of this Form A is to subdivide the existing lot to allow the City to go out to bid to sell the lots. The Form A will divide the existing lot (Assessor's map 14, lot 242) into three new lots. The existing lot has a total area of 8,778 square feet, and it will be divided into lot 242A with a total area of 4,557 square feet, lot 242B with a total area of 3,167 square feet, and lot 242C with a total area of 1,054 square feet. All of the three new lots are not buildable lots. This Form A is appropriate for the board to sign. Public Hearing-Site Plan Review-210 Essex Street/One Salem Green-Salem Five Cent Savings Bank The Salem Five Cent Savings Bank recently purchased One Salem Green, and they are currently using the building for offices. The applicant proposes to construct a two-story pedestrian bridge between One Salem Green, which is five stories, and 210 Essex Street, which is three stories, for security and operational reasons. The proposed bridge is 720 square feet in area, 12'6" above the ground, supported by two columns on the southerly end, and would connect the second and third floors of the two buildings. Updated Information The Board reviewed the proposal and suggested that snow guards be placed on the roof to prohibit snow from falling on the parking lot below. The applicant will present the project to the SRA on January 14, 2004. • 1'20 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 0 11EL: 978.745.9595 FAX: 978.740.0404 ♦ WWW.SALEM.COM • Continuation of Public Hearing--Site Plan Amendment—Stutz Volvo-309 Highland Avenue/4-5 Greenledge Street-Stutz Plaisted Updated Information The applicant and the abutters have met several times since the last Planning Board meeting to discuss a resolution to the issues on Green Ledge Street. Once a resolution is agreed upon, the applicant will present it to the Planning Board. I recommend that the Board incorporate the resolution into an amended site plan review decision. • 2 • Salem Planning Board Minutes of Meeting Thursday,January 15, 2004 A regular meeting of the Salem Planning Board was held on Thursday,January 15, 2004in the third floor conference room at 120 Washington Street,Salem, Massachusetts at 7:00 p.m. Those present were: Chairman Walter Power,John Moustakis, Pam Lombardin Gene Collins, Paul Durand, Chuck Puleo, Ellen DiGeronimo, David Weiner and Christine Sullivan. Also present were Staff Assistant Valerie Gingrich, and Eileen Sacco, Clerk. Members Absent: None Form A—Highland Avenue Valerie Gingrich explained that the parcels are surplus property and in order to put them out to bid the city would like to subdivide the existing lots into A,B and C. John Moustakis asked if the city is planning to sell the lots to the abutters. Valerie Gingrich stated that technically the city has to put them out to bid, but none are buildable lots and most likely will be purchased by the abutters. Christine Sullivan asked if they were not subdivided would it be a buildable lot. Valerie stated that she did not think that lot A was going to be sold and the back two lots have no access. • Walter Power noted that it raises the question of whether the city owned land gives another lot frontage. He also asked what the zoning is. Chuck Puleo stated that he thought that the zoning was Rl. Valerie Gingrich stated that it is her understanding that it has to be a public way to have frontage. There being no further questions or comments regarding this matter, John Moustakis moved approval of the Form A, seconded by Christine Sullivan and approved. Walter Power introduced City Councillor Matt Veno, the Council Liaison to the Planning Board. Continuation of Public Hearing — Site Plan Review — Salem Five Cent Savings Bank — 210 Essex Street Construction of a Pedestrian Bridge Paul Durand recused himself from discussion of this matter. Atty. George Atkins addressed the Board and explained that they have been to the Salem Redevelopment Authority and they have sent the drawings to the Design Review Board. He explained a few things that have developed due to their meetings with them. He reviewed a rendering of the pedestrian bridge and noted that there aSe metered parking spaces on the site and private parking for The Salem Five Cents Savings Bank. He stated that they do not expect to disrupt the parking during construction. He also stated that years ago the Salem Five did a project involving the installation of a large HVAC unit and they were able to do that project without disruption of parking. He noted that the Salem Five parking will be disrupted but they will make • other arrangements for those affected, such as parking in the Museum Place garage. l • Mark Meche addressed the Board and reviewed the drawings and the changes that have been made as the result of input from the Board and the SRA. He explained the construction and noted it is a relatively small building and explained the work that will be done. Mr. Meche explained that they have made very few changes to the design of the walkway. He explained the design and explained the glass and features of the fa4ade. He also noted the fighting for the plan and located it on the plan. He also stated that the fighting will not be intrusive to the residents of The Essex. Ellen DiGeronirno asked how the roof drainage would work. tvfx. Meche explained that the roof is curved and noted that gutters on the plan as well as the catch basins on the site. Walter Power noted that it could be dangerous if snow piles up on the roof and questioned if the gutters would handle that. Mr. Meche stated that the gutters and the snow guards would keep the snow piled up and explained if necessary they could block it off. He also noted that the drainage would handle snow during a thaw. Arty. Atkins noted that Salem Five is there all the time and cleans up the area all the time. He stated that he would think that they would be cautious about that. Chuck Puleo suggested that a condition could be included requiring them to address excessive snow if it is found to be a problem, noting that there is a lot of pedestrian traffic in that area. Mr. Meche stated that he has no problem with that. Airy. Atkins also stated that he felt that the insurers of Salem Five would be concerned with that as well. • Ellen DiGeronimo asked when they expect to start construction. Atty.Atkins stated that they expect to Finish with the SRA in February and start construction in the spring. Walter Power opened the hearing up for public comment at this time. There was no one present who wished to speak on the matter. John Moustakis moved to continue the public hearing to February 6, 2004, seconded by Ellen DiGeronimo and approved. Continuation_of Public Hearing—Amendment to Site Plan Review Decision—Stutz Volvo Walter Power read a letter from Atty.Jack Keilty requesting that the Public Hearing be continued to February 6,2004. John Moustakis moved approval, seconded by Christine Sullivan and approved. Old/New Business Walter Power invited City Planner Joseph Walsh to address the Planning Board. Mr. Walsh addressed the Board to brief them on the Market Place area and the North River Canal Master Plan process. Denise McClure updated the Board on the North River Master Plan and stated the Board members would get a copy of the master plan. Mr. Walsh explained that the Master Plan process resulted from the controversy over the OSCO Drug at the corner of Boston and Bridge Streets. He explained the process that was undertaken to • start the working group and what the goals of the group would be. The Board made suggestions as to what they would like to see incorporated in the process such as comprehensive traffic studies etc. Walter Power also advocated for institutional master planning for the city. Mr. Walsh noted that the 2 • Mayor would be submitting a version of a comprehensive institutional master plan that will require that at a minimum Salem Hospital and Salem State College for example should be able to tell the city where they intend to go with their development plans, noting that Salem State is not subject to zoning. Mr. Walsh stated that he has had conversations with Salem Hospital officials and officials from the College and they have expressed a willingness 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 Chuck Puleo and approved. The meeting was adjourned at 10:00 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Planning Board PBO11504 • • 3 CITY OF SALEM " CdTY OF SALEM. MA :- PLANNING BOARD eeER�c s ®FFICE. ZBOUAN -b P 3 00 NOTICE OF CANCELLATION OF MEETING You are hereby notified that the Salem Planning Board meeting scheduled to be held on Thursday, January 8, 2004, at 7:00 PM in Room 313,Third Floor at 120 Washington Street has been cancelled. The next regular Planning Board meeting will be held on Thursday, January 15, 2004. �ju. �.� X- v6 .� Walter B. Power, III } Chairman This Protice postod on "Official Bulletin Board" City Mall Ave., Salem, Mass. on Sm. 6 pooq at J3 ao Pm in accordance with Chap. 39 Sec. 23A A 23B of M.G.L. 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 WWW.SALEM.COM