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2005-PLANNING BOARD
. � IC�,�l �li nQ �� ������ � 5 J a�� - a�� M CITY OF SALE - CITY OF SALEM, MA CLERK'S OFFICE PLANNING BOARD 'OE - y, You are hereby notified that the Salem Planning Board will hold its regularly scheduled meetings for 2005 at 7:00 PM, in Room 313, Third Floor at 120:.Washington Street. Walter B. Power, III Chairman January July January 6, 2005 July 7, 2005 January 20, 2005 July 21, 2005 February September February 3, 2005 September 1, 2005 February 17, 2005 _ . September. 15, 2005 September 29, 2005 March October March 3, 2005 October 20, 2005 March 24, 2005 April November Apri1 7, 2005 November 3, 2005 April 21, 2005 November 17, 2005 May December May 5, 2005 December 1, 2005 May 19, 2005 December 15, 2005 June June 2, 2005 This notice posted on "Oficial Bulla in B ard" June 16, 2005 Cit Hall AVG.,City Salem, Russ. on /� 6 a at 5jo H i l l in a=rda= wit i S. 23 $t 238 of M.G.L. *No meetings scheduled for the month of August: 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWWSALEM.COM J . CITY OF SALEM CITY OF SALEM. MA CLERKS- ©FFiCE. PLANNING BOARD T You are hereby notified that the Salem Planning Board will hold its regularly scheduled meetings for 2004 at 7:00 PM, in Room 313,Third Floor at 120 Washington Street. Walter B. Power, III Chairman January July C N0) January 8, 2004 July 1,2004 W C"ch January 15, 2004 July 15, 2004 s" February September February 5, 2004 September 2, 2004 j February 19, 2004 September 16, 2004 0 March October Cr W March 4, 2004 October 7, 2004 O m '2 March 18, 2004 October 21, 2004 April November April 1, 2004 November 4, 2004 April 15, 2004 November 18, 2004 � 0 0 o< May December o_ May 6, 2004 December 2, 2004 Cd May May 20, 2004 December 16, 2004 Ix- • 46 co >90< Fune U to tune 3, 2004 June 17, 2004 A *No meetings scheduled for the month of August. 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 . TEL: 978.745.9595 FAX: 978.740.0404 WWW.SALEM.COM CITY OF SALEM CITY OF SALEM: MA CLERK'S OFFICE PLANNING BOARD 1094 KG ; A 38 You are hereby notified that the Salem Planning Board will hold its regularly scheduled meetings for 2005 at 7:00 PM, in Room 313, Third Floor at 120 Washington Street. Walter B. Power, III Chairman o 0° gag January July c , January 6, 2004 July 7, 2004 January 20, 2004 July 21, 2004 February September to February 3, 2004 September 1 2004 February 17, 2004 September 15, 2004 ca I September 29, 2004 _ MarchOtoer ® March 3, 2004 y October 20, 2004 -0 csc(7 ®(n 2 March 24, 2004 U) o ® o April November QcaApril 7, 2004CD November 3, 2004 o KC4 April 21, 2004 November 17, 2004 cd May December z=.,cy May 5, 2004 December 1, 2004 ~U ro May 19, 2004 December 15, 2004 June June 2, 2004 June 16, 2004 *No meetings scheduled for the month of August. m 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 0 WWW.SALEM.COM OF �g LICLER( SAOFFIC.E A CITY OF SALEM PLANNING BOARD 1005 DEC I b A 10: 1 b You are hereby notified that the Salem Planning Board will hold its regularly scheduled meetings for 2006 at 7:00 PM, in Room 313,Third Floor at 120 Washington Street. 44"e,&-0 -4,M16 L-- Walter B. Power, III Chairman January July January 5, 2006 3 t-, ;�5 January 19, 2006 July 20, 2006 February September February 2, 2006 September 7, 2006 February 16, 2006 September 21, 2006 • March October March 2, 2006 October 19, 2006 March 16, 2006 April November April 6, 2006 November 2, 2006 April 20,2006 November 16, 2006 May December May 4, 2006 December 7, 2006 May 18, 2006 December 21, 2006 June June 1, 2006 June 15, 2006 *No meetings scheduled for the month of August. Thl¢ notice posted on "Official BtIn Board" �� City Hall Ave., Salem, Mass, on 1 6 2005 • at i0 . /641" in accordance vviih Chap. 19 23A A 23B of &4.01. 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM • CITY OF SALEM Ci y PLANNING BOARD CL ERi{ s�oFFiCEA,. Notice of Meeting DEC -q q 8, 52 You are hereby notified that the Salem Planning Board will hold its regular meeting on Thursday, December 15, 2005, at 7:00 PM in Room 313,Third Floor at 12c0 Washington Street. I�GLr, 7V_A, ZL'�p� Walter B. Power, III Chairman 1. Form A Application For Endorsement of Plan Believed Not to Require Approval— , 144R North Street/5 Dearborn Street(Map 27, Lots 250 and 255)—John Locke 2. Public Hearing- Wireless Communications Facility Special Permit- 1 Carol Way— Nextel Communications of the Mid-Atlantic, Inc.—Agent Debra Sharkey 3. Public Hearing- Wireless Communications Facility Special Permit—320 Lafayette Street-New Cingular Wireless PCS, LLC—Agent Scott Lary,Anderson & Kreiger 4. Confirmation of Planning Board Schedule of Meetings for 2006 • 5. Approval of Minutes ■ November 17, 2005 meeting " December 1, 2005 meeting 6. Old/New Business This notice posted on "Official Bul tin Boa " City Hall Ave., Salem, Mass. on 9 oq, at in a=rvanca will Chap. 39 Slc. 23A & 236 of M.G.L. �-J 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 • WWW.SALEM.COM 1 � Please Sign-In Planning Board Meeting December 15, 2005 Name Mailing Address Phone Email CITY OF SALEM. MA CLERK'S OFFICE o, • Salem Planning Board Minutes of Meeting Thursday, December 15, 2005 200b JAN 23 P 12: 02 A regular meeting of the Salem Planning Board was held on Thursday, December 15, 2005 in the third floor conference room at 120 Washington Street, Salem, Massachusetts at 7:00 p.m. Those present were: Walter Power, Chuck Puleo, Gene Collins, Paul Durand, John Moustakis, Pam Lombardini, Christine Sullivan, Tim Kavanagh, and Tim Ready. Also present were Staff Planner Dan Merhalski and Eileen Sacco, Clerk. Members Absent: None Form A Application For Endorsement of Plan Believed Not to Require Approval-144R North Street / 5 Dearborn Street - John Locke (Map 27 Lots 250 - 255) The Board considered the Form A application of Harry Andrews for Endorsement of Plan Believed Not to Require Approval for 144R North Street / 5 Dearborn Street - (Map 27, Lots 250 - 255). Mr. Locke addressed the Board and explained the Form A plan and noted that he recently inherited the property and his intention is to clarify the lot lines. There being no further questions or comments regarding this matter, a motion was made by John Moustakis to approve the Form A for 144R North Street / 5 Dearborn • Street, seconded by Paul Durand and approved (9-0). Public Hearing - Wireless Communications Facility Special Permit - 1 Carol Way - Nextel Communications of the Mid Atlantic, Inc Brendan Sharkey addressed the Board and noted that he is representing Nextel in their application to install antennas for wireless communication at the Archestone Condominiums located at 1 Carol Way. Mr. Sharkey explained that they plan to install 12 antennas in three sectors of four on the roof, seven feet off the rear. He explained that they will be connected via cables that will run along the roof line and will not be visible. He also noted that the equipment will be housed in the basement of the building. Mr. Sharkey showed photos of the building as it is exists and simulating the appearance of the building after the antennas are installed. He noted that the views are looking south on Loring Avenue and a view from Carol Way. Mr. Sharkey explained that this installation is necessary to improve the gap in coverage for service in the area. He noted locations on a map that showed the coverage in the area for Nextel. He further noted that this has been designed to be less visible and unobtrusive as possible. John Moustakis asked what the reason for the three groupings of antennas was as opposed to just installing one group. He noted that there is a flag pole antenna on the top of the Hawthorne Hotel and suggested that he would rather see a design like • that. Mr. Sharkey explained that they have designed this in three sectors to provide 1 • 3600 of coverage. He also noted that typically a roof cannot handle the weight of a flag pole structure. Michael Hawthorne addressed the Board and noted that a flagpole would have the antennas stacked and would have to be 11-12 feet high. He stated that it was doable but it would be a large flagpole. Deborah Sharkey addressed the Board and noted that one single flagpole would have to be in the middle of the roof and would be more visible. Walter Power asked if there were any existing structures on the roof now. Mr. Sharkey stated that there is a penthouse for the elevator shaft up there now. He also noted that a flagpole could only provide scattered coverage. He also noted that ballast mounts can be placed closer to the roofline and they can be pointed in the right direction. Christine Sullivan noted that the residents of the condo development up the hill will have to look at this when it is installed. Walter Power opened the public hearing for comment at this time. Joe Palooza a resident of the Village at Vinnin Square addressed the Board and expressed his concern that the pictures shown do not depict the view the residents of the Village at Vinnin Square will have. He stated that he is opposed to this. Mrs. Sharkey stated that as a wireless carrier Nextel is mandated to provide • coverage to its subscribers. She stated that they will look into the concerns of the residents of the Village at Vinnin Square. She also noted that the nice clean lines can be painted to blend in and will not be as intrusive as one might think they would be. Deanna Lehman addressed the Board and suggested that they put something around the antennas so that they will not be visible. Mr. Sharkey stated that they would look at that. He noted that stealth screening has been used to screen antennas on other projects, noting that he would hesitate to do that due to wind loads, noting it would have to be big enough to handle the wind. Patrice McGovern of Weatherly Drive addressed the Board and read a letter from the residents objecting to the project. She stated that the towers as proposed will have an adverse effect on their view. She also requested a photo of what their view will be from their building. Paul Durand noted that the abutters would like something that is screened and questioned if the applicant has any methods of disguising the antennas that would be agreeable to the neighbors. Mr. Sharkey stated that there were options but he was not sure it would make it less obvious. Walter Power suggested that they come back with some suggested screening for the antennas that would be agreeable to the neighbors. He also noted that he is not happy with all of the hardware that is planned for the rooftop. Mr. Sharkey stated • that they are open to looking at alternatives. 2 • Patrice McGovern addressed the Board and stated that 50% of the residents of the Village at Vinnin Square are away in Florida for the months of January through March and requested that the matter be continued until they return in April. Mr. Sharkey stated that they will have some alternatives prepared for the next meeting of the Planning Board. Tim Ready addressed the Board and suggested that Nextel meet with the neighbors before the next meeting to discuss alternatives before the next meeting of the Planning Board. Mr. Sharkey stated that he will provide photos of both proposals so that the residents can compare them. Mr. Palooza addressed the Board and requested that the matter be continued to April so that the residents who are away can be present for the meeting. Mr. Sharkey explained that the Planning Board has 65 days to act on the application once the public hearing is opened. Doris Malone of 18 America Way addressed the Board and stated that Archestone Condominiums has an agreement with the condo association that they have to agree with all phases of the development on proposals that affect the residents. Jackie Derosher of 13 America Way addressed the Board and questioned why they are proposing this location when the coverage is for areas in Swampscott and • Marblehead. She requested that this be looked into and not be brushed under the carpet. Christine Sullivan addressed those present and noted that this is a public hearing and nothing is being brushed under the carpet. She requested that the applicant include a rendering of the antennas painted on the side of the building that would blend into the building so the Board can see how it blends in. Tim Ready suggested that the applicant bring a sample of an antenna to the Planning Board meeting so the Board can see what they look like. Polly Wilbur addressed the Board and questioned how much equipment would be on the roof. Mr. Sharkey stated that the equipment would be located in the basement. There being no further questions or comments regarding this matter a motion was made by Tim Ready to continue the public hearing to the next meeting of the Planning Board at 7:00 pm on Thursday, January 5, 2006, and that Nextel meet with the neighbors prior to that to address their concerns, seconded by Christine Sullivan and approved (9-0). Public Hearing - Wireless Communications Facility Special Permit - 320 Lafayette Street- T-Mobile Communications Walter Power read a letter from the applicant requesting that the matter be continued to January 5, 2006. • Christine Sullivan moved to continue the public hearing to January 5, 2006, seconded by Paul Durand and approved (9-0). 3 • Approval of the Planning Board Meeting Schedule for 2006 Dan Merhalski addressed the Board and reviewed the proposed Planning Board meeting schedule for 2006. Christine Sullivan moved to approve the Planning Board meeting schedule for 2006, seconded by Paul Durand and approved (9-0). Approval of Minutes The minutes of the meeting held on November 17, 2005 were presented for approval. Christine Sullivan moved approval as amended, seconded by Paul Durand and approved (9-0). The minutes of the meeting held on December 1, 2005 were presented for approval. John Moustakis moved approval, seconded by Chuck Puleo and approved (9-0). Old / New Business 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 Pam Lombardini and approved (9-0). The meeting was adjourned at 9:00 p.m. • Respectfully submitted by: Eileen M. Sacco, Clerk Salem Planning Board PB121505 • 4 3 Cr;' OF • CITY OF SALEM CIERK'ALEM, M4 OFFICE 0 PLANNING BOARD 1005 DFr Sq December 16, 2005 Form A — Decision 144R North St./5 Dearborn St. John Locke 144R North Street Salem, MA 01970 Dear Mr. Locke: The Salem Planning Board voted on December 15, 2005 by a vote of eight (8) in favor and none opposed to endorse "Approval Under Subdivision Control Law Not Required" on the following described plan: • 1. Applicant: John Locke, 144R North St. and 5 Dearborn St., Salem, MA 01970 2. Location: The parcels are located at 144R North St. and 5 Dearborn St, assessors map 27, parcel 250 and parcel 255, respectively. 3. Project Description: This Form A requested to divide a portion of 5 Dearborn St, with an area of approx. 2,303 sq. ft., and combine said portion with abutting 144R North St. No change in frontage or access was proposed on these existing non-conforming lots. Sincerely, Walter B. Power, III Chairman Cc: Cheryl LaPointe 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 0 WWW.SALEM.COM • CITY OF SALEM �IRK S',OFFICE A CLE . PLANNING BOARD ZOOS.NOV 23 P I: 54 Notice of Meeting You-are hereby notified that the Salem Planning Board will hold its regular meeting on Thursday, December 1, 2005, at 7:00 PM in Room 313,Third Floor at 120 Washington Street. Walter B. Power, III Chairman 1. Form A Application For Endorsement of Plan Believed Not to Require Approval- 4 Franklin Street (Map 26, Lot 407)—Harry Andrews 2. Form A Application For Endorsement of Plan Believed Not to Require Approval- 16, 18 and 20R Franklin Street (Map 26, Los 400-402)—Edward Ferris 3. Continuation of Public Hearing—Site Plan Review-50 Palmer Street—Salem Harbor CDC -Madeline Nash, CDC Director of Real Estate Development;Attorney William • Quinn,Tinti, Quinn, Grover &Frey. 4. Continuation of Public Hearing-Wireless Communications Facility Special Permit-320 Lafayette Street—Omnipoint Holdings, Inc., a wholly owned subsidiary of T- Mobile—Agent Kristen LeDuc r 5. Continuation of Public Hearing- Definitive Subdivision, Cluster Residential Development, Wetland Special Permit-57 Marlborough Road—Osbome Hills Realty Trust—Attorney Brian McGrail 6. Approval of Minutes ■ November 17, 2005 meeting 7. Old/New Business • Signing of ANR plan— 8, 10, 12 and 14 Franklin St. - approved November 17, 2005 This notice postid on "Offielal 811 ardor City 1 all Ava., cnG� �� L G�.I a/a' � �/��f.��[// // pp t1S W 9�� 1 WJD. 1f • 2�' A dd0 of 120 WASHINGTON STREET, SALEM, MASSACHuSETrs 01970 •TEL: 978.745.9595 FAx: 978.740.0404 0 WWW.SALEM.COM 1 Please Sign-In Planning Board Meeting December 1, 2005 Name Mailing Address Phone Email "3AJA Z:-Tb j - kw+ A of rd F-790-3/17 C Q ni S F 45 ,n -5Q1,em P-� w o 9 7 4 C,-1 Oo a 016 O! �2_4�-YL %- +wLaMA z S /J /Loity"t t orinra � �� I FP art- Qd�IU (al7(04(na118 `�rGo�,ti,Cok _S7r i9NT/� Glr�slDli/1 fT `SGS((i r//9 7 79---7v v - 6e. s- a L Q S 6 Please Sign-In Planning Board Meeting December 1, 2005 Name Mailing Address Phone Email r CITY OF SALEM. MA CLERK'S OFFICE -v • Salem Planning Board Minutes of Meeting Thursday, December 1, 2005 1005 OEC I b A 10: 1 b A regular meeting of the Salem Planning Board was held on Thursday, December 1, 2005 in the third floor conference room at 120 Washington Street, Salem, Massachusetts at 7:00 p.m. Those present were: Walter Power, Chuck Puleo, Gene Collins, Paul Durand, John Moustakis, Pam Lombardini, Christine Sullivan, Tim Kavanagh, and Tim Ready. Also present were city Planner Lynn Duncan and Staff Planner Dan Merhalski. Members Absent: None Form A Application For Endorsement of Plan Believed Not to Require Approval-4 Franklin Street (Map 26, Lot 407) —Harry Andrews The Board considered the Form A application of Harry Andrews for Endorsement of Plan Believed Not to Require Approval for 4 Franklin Street (Map 26 Lot 407). Dan Merhalski explained this application and noted that this is a Form A plan for protection in use only and is the same as the applications considered by the Board at the last meeting for other lots in the same area. Christine Sullivan questioned when this application was filed and what would happen • if the Board took no action on it. Dan Merhalski explained that the application was filed with the Planning Department on November 21, 2005 and if the Board chooses not to take action it would pass on December 12, 2005. Christine Sullivan noted that at the last meeting there was a question of ownership of a parcel in that area. Lynn Duncan noted that this is a surveyed and stamped plan certified as belonging to Harry Andrews. Christine Sullivan noted that if this is an effort to have the zoning frozen in light of the North River Canal Corridor pending with the City Council she did not see the point to this exercise. Jim Treadwell addressed the Board and referred to Section 23 and stated that the Board has ignored that. He also noted that at the November 3, 2005 meeting the Board requested the genesis of the B5 rezoning and noted that they have not received that. He also noted that the ownership of parcel 20-20R Franklin Street has not been addressed. Lynn Duncan stated that the history of the B5 zoning district is not relevant to Planning Board approval of this and she noted that she talked with former City Planner Bill Luster who recalled that the zoning was changed to encourage a higher and better use of the property. She also noted that the Planning Board has no discretion in this matter as it is established by state law. John Moustakis stated that he feels that there is more to this than meets the eye and that there is an ulterior motive for this action. Christine Sullivan agreed and noted that she resents having to approve this when there are a lot of other reasons behind it. • Mike Powell of 18 Southwick Street addressed the Board and questioned what would happen if the Board passes this tonight and the City Council approves the NRCC next week. Dan Merhalski explained that this action freezes the use only for three years 1 • and anything built must be built in accordance with the NRCC regulations for density. He further noted that the parcel gets protection for use only. There being no further questions or comments regarding this matter, a motion was made by Gene Collins to approve the Form A for 4 Franklin Street, seconded by Paul Durand and approved (9-0). Form A Application For Endorsement of Plan Believed Not to Require Approval— 16, 18. and 20R Franklin Street (Mao 26. Lots 400-402) —Edward Ferris Dan Merhalski reviewed the application with the Board. Mr. Treadwell addressed the Board and referred to an email from Councilor Bencal that indicated there was no frontage for the rear lot in this application. Lynn Duncan explained that the consolidation of the 3 lots to 2 lots would cause 20R Franklin Street to have frontage on Franklin Street. There being no further questions or comments regarding this matter, a motion was made by Gene Collins to approve the Form A for 16, 18 and 20R Franklin Street, seconded by Paul Durand and approved (9-0). Continuation of Public Hearing - Site Plan Review - Salem Harbor CDC - 50 Palmer Street Madeline Nash addressed the Board and explained that they are hoping for a decision • this evening. She asked if the Board has any additional questions regarding this plan. The Board reviewed the draft decision for 50 Palmer Street. Gene Collins referred to item #5 of the draft decision and expressed concern that the decision holds the developer responsible for getting City Council approval for the no parking designation recommended by the Planning Board. He noted that in the past the city council has not always accepted the recommendations of the Planning Board citing the Walgreens on Boston Street and Essex Street by the Peabody Essex Museum. Madeline Nash addressed the Board and noted that she has been informed by Ward One Councilor Lucy Corchardo that the City Council has approved the order for the no parking. Paul Durand expressed his concern that the time for construction to occur is too open ended and leaves too much leeway for working all night in a residential neighborhood. Madeline Nash explained that the request was recommended by the architect for the purpose of interior painting. Walter Power suggested that is should be governed by the definition of noise. There being no further questions or comments regarding this decision a motion was made by Christine Sullivan to approve the draft decision as amended, seconded by Chuck Puleo and approved (9-0). • Madeline Nash thanked the Board and noted that a Ground Breaking Ceremony will be held next week. R � 2 • Public Hearing - Wireless Communications Facility Special Permit - 320 Lafayette Street- T-Mobile Communications Atty. Ricardo Sousa addressed the Board and reviewed the project. He noted that the property has been visited by city inspectors however those findings have no merit towards this application. Walter Power agreed and noted for those present that the Board has gone as far as it can regarding the alleged violations on the property. He also noted that another company has filed an application for a Wireless Permit that will be heard at the next meeting of the Planning Board. Marilyn Depase the Engineer for T-Mobile addressed the Board and explained that they are pursuing this site to improve the gaps in coverage for their customers in the area. She reviewed the coverage areas on the plan. Kristen LeDuc of T-Mobile reviewed the site selection process for the Board. She noted that they first contacted Salem State College and the college had no interest in hosting the site. She also noted that other sites looked at in the area require mono poles to satisfy the coverage area. She noted that the Park Towers and the nature of the architecture of the building and elevator penthouse is appealing to them and the antennas will blend in well. Walter Power expressed his concern about another company coming in for an application for the same location and questioned if there was any possibility that the two companies could work together on the design. Atty. Sousa explained that the • usual process is for the first carrier to do a design and the second carrier would provide a design that will be compatible. He noted that each carrier has unique equipment and that would have to be considered. He suggested language that could be incorporated into the decision as follows regarding the location of additional antennas on the property: "T-Mobile agrees to cooperate with any future carriers intending to locate facilities on the subject building at 320 Lafayette St., provided that such future carrier's installation does not interfere with T-Mobile's antennas." Walter Power opened the hearing up for public comment at this time. Polly Wilbur of 7 Cedar Street addressed the Board and noted that this application and the application being considered on the 15`h will add volume and questioned at what point does the volume become an issue. Walter Power noted that the Board has the discretion to review each application on its own merits and the zoning ordinance gives direction regarding antenna installations on apartment buildings. He noted that if the Planning Board feels that there are too many antennas on a building from a design perspective they could deny an application. Ms. Wilbur recalled that the Board requested a photo that would simulate the antennas and asked if they received that. Walter Power noted that the Board did receive the information. There being no further questions or comments regarding this matter a motion was made by Gene Collins to close the public hearing, seconded by Pam Lombardini and approved (9-0). • Gene Collins moved to approve the Wireless Communications Facility Special Permit for 320 Lafayette Street, T-Mobile Communications, seconded by Paul Durand and approved (9-0). 3 • Continuation of Public Hearing - Definitive Subdivision - Cluster Residential Development, Wetland Special Permit - 57 Marlborough Road - Osborne Hills Realty Trust - Attorney Brian McGrail Walter Power read a letter from the applicant requesting that they be allowed to withdraw the application without prejudice. Walter Power explained that the applicant has made this request and has re-filed his application and start the process again. He noted that the limited number of Board members eligible to participate in the process prompted this action and this way all members can participate. Gene Collins moved to allow the applicant to withdraw the application without prejudice, seconded by Christine Sullivan and approved (9-0). Public Hearing - Definitive Subdivision - Cluster Residential Development Wetland Special Permit - 57 Marlborough Road - Osborne Hills Realty Trust - Attorney Brian McGrail A discussion was held on whether this application should proceed this evening. Councilor O'Leary addressed the Board and questioned whether the public hearing was properly advertised and if all of the abutters were properly notified. Lynn Duncan noted that the hearing was duly advertised in the Salem News and also noted that the filing fees for this application are substantial and the applicant has paid the fees again instead of asking for a waiver. • Christine Sullivan noted that the agenda indicates that this is a continuation of the public hearing and a new hearing is not listed. Lynn Duncan agreed that the situation is confusing at best and noted that the applicant was trying to make up their minds which direction to go in. Councilor O'Leary noted that the residents who are present are here for the continuation of the public hearing and noted that there would be more residents in attendance if they had been notified. Atty. McGrail stated that adequate notice was given and explained that only direct abutters have to be notified. Christine Sullivan noted that in this day and age of technology it should be simple to notify people via e-mail of meetings. Lynn Duncan apologized for the confusion and noted that the Planning Department has gone above and beyond in notifying the residents. She noted that the email list was supposed to be used to notify the residents of cancellations of meetings so that they don't attend meetings that they don't have to. Gene Collins moved to open the public hearing for the Definitive Subdivision - Cluster Residential Development, Wetland Special Permit - 57 Marlborough Road - Osborne Hills Realty Trust, seconded by Tim Ready and approved (9-0). Atty. Brian McGrail addressed the Board and reviewed the history of the project for the benefit of the new members. He noted that the Planning Board and the Planning • Department have worked hard and diligently on this project for over a year. He noted that the change in the make up of the Board with new members and the resignation of David Weiner prompted them to start all over again. 4 • Atty., McGrail reviewed the plan and noted that the access for the site will be Marlborough Road as recommended by the traffic consultant hired for the city. Atty. McGrail noted that 96 acres of the site will be open space that will be controlled by the homeowners association or the City of Salem. He noted that if the city does not accept it, the homeowners will be responsible. He also noted that Mr. Myggat of Epsilon is present this evening to review the open space. Atty. McGrail noted that a site visit was held and they would be happy to schedule another one for the new members of the Board. Atty. McGrail explained that during the previous process there was concern that his client owns 34 acres of land in Peabody that abuts the Peabody golf course and there was concern about the access for a proposed subdivision of it. He also noted that his client has agreed to build no more than 35 homes on that property. Atty. McGrail explained that his client has agreed to provide 2 tot lots in the area although he did not think it would be in the best interest of the city and they would discuss that in more detail at a later time. He also noted that there is land set aside for a convenience store at the suggestion of the Planning Board. Atty. McGrail noted that extensive discussions were held regarding traffic in the area and it was suggested that an exclusive left hand turn lane off Marlborough Road would ease the traffic. He explained that they are contemplating moving the • entrance to the subdivision to accommodate the left hand.cue lane. Atty. McGrail noted that his client paid significant fees for consultants in the first round and their findings would be carried over to this new filing. Christine Sullivan questioned whether the access for the 35 houses in Peabody would be from Salem. Atty. McGrail stated that the homes on the other side would have access through Salem. Christine Sullivan noted that by right they could build 112 homes and they could also build 70 homes in Peabody. She noted that the Planning Board spent a lot of time on the numbers and stated that she feels the compromise is a good one. Gene Collins stated that he does not feel that the Board ever got a handle on whether any affordable housing is included in the proposal. Atty. McGrail stated that all of the units would be market rates. John Petroski addressed the Board and suggested that they buy a lot in Peabody on a dead end street and use that for access. Atty. McGrail introduced Mr. Myggat from Epsilon to review the open space plan for the project. Mr. Myggat addressed the Board and explained the open space trails plan. He noted that the area is beautiful and has vistas and a great view of the Boston Skyline. He • reviewed the proposed conditions for the project regarding the open space and noted that the open space will be permanently protected as required by Section 7:14(f) of the Planning Board Bylaw, by conveyance of the land to the City of Salem or the 5 • Homeowners Association. He also noted that the trail network as shown on the plan will be laid out and flagged by the owner and the trail sections on house lots will be protected by easements. Mr. Myggat stated that the to the maximum extent practicable the existing trails will remain "as is". New trail segments will be cleared by manually cutting of brush and tree saplings to facilitate passage. No earthmoving, grading *or mowing will occur. Small brush will be cut and dispersed into the underbrush or left in windrows for wild life habitat value. There will be no chipping, and no tracked vehicles or mechanical equipment (other than clippers, loppers, and small chain saws for the clearing) will be employed. All of the work described is only required upon approval of the Salem Conservation Commission before work in or near the wetland resource areas is performed. Mr. Myggat noted that it is the Board's intention that the trail "settle in" and become accepted or modified based on user experience. Mr. Myggat described the rustic bridges/crossings that will be placed where crossings of streams or wetlands only upon approval of the Conservation Commission and in accordance with applicable Wetlands Protection Act performance standards such that they permit the reasonably unobstructed flow of water and provide adequate light to maintain vegetation. He also noted that the final height will be determined in the field by the owner and the approximate locations of such crossings are shown on the site plan. • Mr. Myggat also noted that the proposed footbridges will likely consist of pressure treated wood or recycled material framed across shore pilings driven into the substrate or simply laid in-place. He noted that it is the Boards intention that the bridges will not involve masonry or concrete abutments and plans will be prepared and submitted to the Conservation Commission for approval. Mr. Myggat stated that the trails will be permanently marked by metal disks similar to those utilized by the Salem Conservation Commission and shall bear the legend of the "City of Salem - Osborne Hills Open Space Trail." Mr. Myggat concluded his presentation noting that these trails shall be for passive recreation, and use by motorized vehicles, including snowmobiles and all-terrain vehicles shall be prohibited. Paul Durand referred to the matter of prohibiting motorized vehicles on the open space trails and noted that heavy mountain biking can take a toll on the trails. Mr. Myggat noted a location on the plan that could accommodate bikes and noted that they would look into that. Lynn Duncan stated that she was hoping that they talk more about the maintenance of the trails that will be necessary and noted that the city does not have a lot of funds for maintenance. Mr. Myggat stated that light maintenance would take place once a year, perhaps on a volunteer basis and overgrown brush and fallen branches etc. would be cleared from the trails. • Paul Durand suggested that kiosks be placed at trailheads with maps available for hikers. Atty. McGrail stated that he felt that his client would commit to the kiosks. 6 • Tim Ready stated that he felt that this is an excellent resource and asked that they show proposed parking on the plan for hikers who do not live in the area. Chris Mello located the parking areas on the plan. Gene Collins questioned how many homeowners will be burdened by people using the trails. Mr. Myggat stated that they don't know that yet and it is hard to predict how much use the trails will get. Lynn Duncan stated that she feels that the trail system is good but noted that she is bothered by having the trails on easements and noted that she thought that the developer was going to stay away from that. Chris Mello stated that he expects to revise the plans to comply with what the developer agreed to. Walter Power opened the hearing up for public comment at this time. John Sasta addressed the Board and expressed his concern for the wild animals in the area noting that there are coyotes in the area. ]an Corbett addressed the Board and expressed her concern about the drain that the development will have on city services. She also expressed her concerns about traffic noting that it takes about 20 minutes to get downtown. Christine Sullivan explained that the developer by right can build 112 homes in Salem and 70 in Peabody for a total of 182 and that with the cluster plan they are agreeing to limit the Peabody development to 35 homes and that with the 131 units • in Salem would only allow building 166 homes combined, noting that the Board is conscious of the impact the development will have on city services. Mrs. Corbett also questioned if there are water problems up there in 10 years if the developer would come back and pay for it. Lynn Duncan noted that the Planning Board examined the numbers thoroughly and the numbers were arrived at after careful consideration. Tony Germainne of 50 Ravenna Avenue addressed the Board and expressed his concerns about the open space and the use of it. Walter Power stated that the trails would be quite away from the homes. Patricia Libertie addressed the Board and noted that she was involved with the Planning Board on the approval of the self-storage facility on Highland Avenue and noted that the plantings that were required make a big difference. Lynn Duncan introduced Ken Petraglia the traffic consultant for the city to review his findings on the traffic study submitted by the applicant. The applicant's traffic consultant Michael Abend was also present at the meeting. Mr. Petraglia explained that he reviewed the most recent report dated June 16, 2005. He noted that Marlborough Road traffic backs up at peak travel times and it is difficult for oncoming traffic to cross over Marlborough Road in to the development. He stated that there is potential for a cue lane eastbound. • Mr. Petraglia noted that he looked at the possible use of Barcelona Avenue for access to the development and concluded that he is concerned because of the nature of the 7 • neighborhood and there are safety issues and lifestyle issues. He also noted that there is sign clutter on Highland Avenue that is confusing to motorists. He stated that he proposed that the secondary access be abandoned. Mr. Petraglia also explained that the location of the new traffic signal on Marlborough Road is problematic and it is unfortunate that they were placed where they are. He explained that the proposed access for the subdivision and the location of the traffic signal is a problem. He stated that he met at the site with Mr. Abend the applicant's traffic consultant, and considered the options. He explained that they looked at leaving the proposed driveway where it is and moving the traffic signals. Christine Sullivan questioned who controls that noting that the Marlborough Road project was done by the state. Chuck Puleo noted that the traffic signals are in that location because they were moved from an alternate location due to problems with it. He stated that he suspects that if they are moved the recommended 15-20 feet it would be the original location from which they were moved. Mr. Abend noted that they have discussed having the lights be actuated, noting that they would change when necessary. Gordon Ryan addressed the Board and expressed his concern about traffic on Highland Avenue noting that the additional cars will add to the existing problems. • Jim Corbett addressed the Board and noted that there are serious problems up there with cut through traffic to Peabody. Mr. Abend noted that his client is considering funding a 25% design phase for Highland Avenue at a cost of $40,000.00 John Moustakis stressed that Highland Avenue needs a redesign. Atty. McGrail noted that Highland Avenue has been a concern all along and his client is willing to take a condition to fund a plan that the city can take to the state for redesign. He also noted that his client is not interested in committing to pay for the relocation of the traffic signal. He estimated that the cost of moving the signals would be $100,000 - $150,000. Christine Sullivan suggested that she would like to have someone from Mass Highway attend a Planning Board meeting to discuss the problems on Highland Avenue. Walter Power noted that the Planning Board has secured the complete funding of a deceleration lane on Highland Avenue and the state has not acted on that. John Moustakis suggested contacting State Representative John Keenan and have him contact Mass Highway about making a presentation the Board. Atty. McGrail stated that he does not want to get wrapped up in Mass Highway issues • noting that they have committed to the 25% design. 8 A discussion was held on a date to continue the public hearing to. Lynn Duncan noted that the Engineering Department needs time to review the plans and they will not be ready by December 15`h, the date of the next meeting. Atty. McGrail stated that they would like to continue to December 15`h anyway and if need be they will continue the public hearing at that time. He suggested that at the next meeting a discussion could be held on the need to hire additional consultants for the project if needed. There being no further questions or comments regarding this matter a motion was made by Gene Collins to continue the public hearing to December 15, 2005, seconded by Pam Lombardini and approved (9-0). Approval of Minutes The minutes of the meeting held on November 17, 2005 were presented for approval. Walter Power suggested that the approval of the minutes be tabled until December 15, 2005. Pam Lombardini moved approval, seconded by Gene Collins and approved (9-0). Old / New Business 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 Pam • Lombardini and approved. The meeting was adjourned at 10:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Planning Board PB120105 9 'i CITY OF SALEM PLANNING BOARD rn .- �, o r- December 2, 2005 !! c- rn Decision For The Petition of Omnipoint Holdings, Inc. , a Wholly Owned Subsidiary of T- r--) Mobile For The Property Located At 320 Lafayette Street r A Public Hearing on this petition was opened on September 29, 2005. The following Planning Board members were present: Walter Power, Gene Collins, Paul Durand,John Moustakis,Tim Ready and Christine Sullivan. The Public Hearing was continued to October 20, 2005, November 3, 2005, November 17, 2005, and December 1, 2005. The Public Hearing was closed on December 1, 2005. Notice of this meeting was sent to abutters and notice of the hearing was properly published in the Salem Evening News. The petitioner is requesting a Wireless Communication Facility Special Permit under Section 5-3, Special Permit Uses, of the City of Salem Zoning Ordinance, to allow the installation of three panel antennas within a 13' faux chimney on the roof of the building located at 320 Lafayette Street, Salem, MA. The project will also include the installation of a 10' 8"x 8' equipment shelter in a penthouse space, located within the building. Additionally, one 19" GSM antennae and one 3 7/8" GPS antennae will be located on the rooftop to allow for FCC mandated E911 capabilities. • The Planning Board reviewed the application and plans submitted and found that the petitioner addressed the requirements of this section for the issuance of a Special Permit. On December 1, 2005, the Board closed the Public Hearing and voted by a vote of six (G) in favor (Power, Collins, Durand, Moustakis, Ready and Sullivan), none opposed, to grant the Wireless Communication Facility Special Permit for the location stated above,in accordance with the application (dated September 1, 2005) and site plan dated August 10, 2005, entitled"Park Towers, 320 Lafayette Street, Salem,MA 01970, 4BS-0200-B, Rooftop" sheets T-1 and Z-1 through Z-4, and drawn by Aerial Spectrum, Inc.., submitted and now part of the file, subject to the following condition: 1. T-Mobile agrees to cooperate with any future carriers intending to locate facilities on the subject building at 320 Lafayette St.,provided that such future carrier's installation does not interfere with T-Mobile's antennas. This endorsement shall not take effect until a copy of the decision bearing certification of the City Clerk that twenty (20) days have elapsed and no appeal has been filed or that if such appeal has been filed that it has been dismissed or denied,is recorded in the Essex South Registry of Deeds and is indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for recording or registering shall be paid by the owner or applicant. • I hereby certify that a copy of this decision is on file with the City Clerk and that a copy of the decision and plans is on file with the Planning Board. 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 0 WWW.SALEM.COM Walter B. Power, III Chairman • • CITY OF SALEM PLANNING BOARD Site Plan Review Decision 50 Palmer Street e � December 2, 2005 c m � � � I i rn r._• Salem Point Rental Properties Corporation T r• Madeline Nash w �. 102 Lafayette Street ro m?' D Salem, MA 01970 Cr ;-_ RE: 50 Palmer Street, Site Plan Review • On Thursday, October 20, 2005, the Planning Board of the City of Salem opened a Public Hearing regarding the application of Salem Point Rental Properties Corporation, 102 Lafayette Street, Salem, MA, for the property located at 50 Palmer Street. The proposed project includes the demolition of the existing structure and the construction of a new three-story residential structure with a footprint of 7,300 square feet. The new structure will include 15 units of affordable housing, which will consist of six two-unit townhouses and three attached single- family condominium units. The Public Hearing was continued to November 3, 2005, November 17, 2005 and December 1, 2005. The Public Hearing was closed on December 1, 2005. At a regularly scheduled meeting of the Planning Board held on December 1, 2005, the Planning Board voted by a vote of six (6)in favor(Power, Moustakis, Puleo, Sullivan,Ready and Lombardini), none opposed to approve the Site Plan Review application subject to the following conditions: 1. Conformance with the Plan Work shall conform to the plans entitled, "Attached Housing Development Located in Salem, Massachusetts Applicant and Developer Salem Harbor Community Development Corporation" Sheets 1-6 and E-1, prepared by Merrimack Engineering Services, 66 Park Street, Andover, MA 01810, dated 10-13-05. Revised Plans reflecting all conditions must be submitted and approved by the City Planner prior to the issuance of a building permit. • 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 0 WWW.SALEM.COM 2. Amendments Any amendments to the site plan shall be reviewed by the City Planner and if deemed • necessary by the City Planner, shall be brought to the Planning Board. Any waiver of conditions contained within shall require the approval of the Planning Board. 3. Construction Practices All construction shall be carried out in accordance with the following conditions: a. Construction work shall not be conducted between the hours of 5:00 PM and 8:00 AM the following day on weekdays or at any time on Sundays or Holidays. b. All reasonable action shall betaken to minimize the negative effects of construction on abutters. Advance notice shall be provided to all abutters in writing at least 72 hours prior to commencement of construction of the project. c. Drilling and blasting shall be limited to Monday-Friday between 8:00 AM until 5:00 PM. There shall be no drilling or blasting on Saturdays, Sundays, or holidays. Blasting shall be undertaken in accordance with all local and state regulations. d. All construction vehicles shall be cleaned prior to leaving the site so that they do not leave dirt and/or debris on surrounding roadways as they leave the site. e. All construction shall be performed in accordance with the Rules and Regulations of the Planning Board, and in accordance with any and all rules, regulations and ordinances of the • City of Salem. f. All construction vehicles left overnight at the site, must be located completely on the site g. A Construction Management Plan and Construction Schedule shall be submitted by the applicant prior to the issuance of a building permit. Included in this plan, but not limited to, shall be a demolition plan, information regarding how the construction equipment will be stored, a description of the construction staging area and its location in relation to the site, and where the construction employees will park their vehicles. The plan and schedule shall be submitted and approved by the City Planner prior to the issuance of a Building Permit. 4. Clerk of the Works A Clerk of the Works shall be provided by the City, at the expense of the applicant, his successors or assigns, as is deemed necessary by the City Planner. 5. Utility Poles a. The developer must relocate one utility pole at Naumkeag and Palmer Streets, and straighten the other utility pole on Naumkeag Street, as required by the Fire Department. b. The developer must pay for the relocation/alteration of the utility poles. 6. Proposed Recharge Facility • 2 Developer must verify that water levels for groundwater, including during high tide, will not come into contact with the proposed recharge facility to verify that the facility will function • unimpeded. A written report,including the data collected and describing the data collection method, must be submitted to the City Planner and the City Engineer prior to issuance of all Building and Street Opening permits. 7. Sewer Service a. The location of the prior sewer service will be determined during construction and should be included on revised plans to be submitted to the City Planner b. The existing sewer service will either be cut and capped at the City's Main if to be abandoned, or it will be cleaned and taped by CCTV with a video tape copy and report of structural condition submitted to the City Engineer—to be completed prior to issuance of a building permit. 8. Pavement Treatment Final repair of existing roads and sidewalks to be approved by Bill Merrill, Assistant Director of Public Services. Existing conditions shall be documented prior to the start of construction by the city. Infrared treatment of pavement will be completed if requested by the city. 9. Fencing a. The applicant shall submit specifications for the fence to be placed along the property line to the City Planner for review and approval prior to the issuance of a Building Permit. 10. Fire Department • All work shall comply with the requirements of the Salem Fire Department. 11. Building Inspector All work shall comply with the requirements of the Salem Building Inspector. 12. Utilities Utility installation shall be reviewed and approved by the City Engineer prior to the issuance of a Building Permit. Utilities shall be underground utilities, including electric. 13. Department of Public Properties All work shall comply with the requirements of the Department of Public Properties. 14. Department of Public Services The applicant, his successors or assigns shall comply with all requirements of the Department of Public Services 15. Lighting a. No light shall cast a glare onto adjacent parcels or adjacent rights of way. b. A final lighting plan, particularly showing the rear parking lot, shall be submitted to the City Planner for review and approval prior to the issuance of a building permit. • 3 c. After installation, lighting shall be reviewed and approved by the City Planner, prior to the issuance of a Certificate of Occupancy. • 16. HVAC If an HVAC unit is located on the roof or site, it shall be visually screened. The method for screening the unit shall be submitted to the City Planner for review and approval prior to installation. 17. Noise Following occupancy of the building, if the Health Department receives any complaints concerning noise emanating from the air conditioner units, the applicant shall be required to conduct a noise test at 2 AM on a date specified by the City Planner. If the test determines that the decibel level is three (3) or more decibels (dB(A)) higher than the level at pre- development, the applicant shall make improvements as required by the City Planner to reduce the decibel level below 3 dB(A). The applicant shall submit a plan for review and approval by the City Planner to make any improvements necessary. 18. Landscaping a. All landscaping shall be done in accordance with the approved set of plans. b. Trees shall be a minimum diameter of 3 '/2"caliper, as measured at the trunk. c. Maintenance of landscape vegetation shall be the responsibility of the developer, his successors or assigns. • d. Any street trees removed as a result of construction shall be replaced. The location of the trees shall be approved by the City Planner prior to replanting. All requirements e. Final completed landscaping shall be subject to approval by the City Planner prior to the issuance of a Certificate of Occupancy. 19. Maintenance a. Refuse removal, ground maintenance and snow removal shall be the responsibility of the developer, his successors or assigns. b. Winter snow in excess of snow storage areas on the site shall be removed off site. c. Maintenance of all landscaping shall be the responsibility of the applicant, his successors or assigns. The applicant, his successors or assigns, shall guarantee all trees and shrubs for a two- (2) year period. 20. Certification by City Engineer No permits shall be issued for construction until all of the site utilities, including but not limited to drainage, have been addressed and resolved to the satisfaction of the City Engineer. This requirement shall include, but not be limited to, issuance of all Building and Street Opening permits. 4 21. As-built Plans As-built plans, stamped by a Registered Professional Engineer, shall be submitted to the Planning Department and Engineering Department prior to the issuance of the final Certificate of Occupancy. 22. Violations Violations of any condition shall result in revocation of this permit by the Planning Board, unless the violation of such condition is waived by a majority vote of the Planning Board. I hereby certify that a copy of this decision and plans has been filed with the City Clerk and copies are on file with the Planning Board. The Special Permit shall not take effect until a copy of this decision bearing the certification of the City Clerk that twenty (20) days have elapsed and no appeal has been filed or that if such appeal has been filed, and it has been dismissed or denied, is recorded in the Essex South Registry of Deeds and is indexed under the name of the owner of record is recorded on the owner's Certificate of Title. The owner or applicant,his successors or assigns, shall pay the fee for recording or registering. • Walter B Power, III Chairman 5 • • CITY OF SALEM CLERK'S OFFICE PLANNING BOARD 1005 DEC -2 A 11: 00 December 2, 2005 Form A — Decision 4 Franklin Street Harry Andrews 3 Hemlock Street Beverly, MA 01915 Dear Mr. Andrews: The Salem Planning Board voted on December 1, 2005 by a vote of nine (9) in favor(Power, • Puleo, Durand, Lombardini, Sullivan, Ready, Kavanagh, Moustakis, Collins) and none opposed to approve "Approval Under Subdivision Control Law Not Required" for the property located at 4 Franklin Street and filed on the following described plan: 1. Applicant: Harry Andrews, 3 Hemlock Street, Beverly, MA 01915 2. Location: The parcel is located at 4 Franklin St., assessors map 26, parcel 407. 3. Project Description: This Form A showed a perimeter plan. Sincerely, Walter B. Power, III Chairman Cc: Cheryl LaPointe • 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM a i Lb1. to CITY OF SALEM aE,2it s OFFICE ` PLANNING BOARD 1805 DEC -2 A ii: O1 December 2, 2005 Form A — Decision 16, 18 and 20R Franklin Street Edward Ferris 21 Naples Rd. Salem, MA 01970 Dear Mr. Ferris: The Salem Planning Board voted on December 1, 2005 by a vote of nine (9) in favor (Power, Puleo, Durand, Lombardini, Sullivan, Ready, Kavanagh, Moustakis, Collins) and none opposed to approve "Approval Under Subdivision Control Law Not Required' for the property located at • 16, 18 and 20R Franklin Street and filed on the following described plan: 1. Applicant: Edward Ferris, 21 Naples Rd., Salem, MA 01970 2. Location: The parcel is located at 16, 18 and 20R Franklin St., assessors map 26, parcels 400-402. 3. Project Description: The Form A plan shows consolidation of two lots, 18 and 20R Franklin Street, and a change in the boundaries of 16 and 20R Franklin Street which creates two lots from the original three lots. Sincerely, WYw A,. -A 4.4 Walter Power III Chairman Cc: Cheryl LaPointe • 1'20 WASHINGTON .STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAX: 978.740.0404 • WWW.SALEM.COM imi CITY OF SALEM L�c'� HK'S OFFICE PLANNING BOARD zags Nov 14 P 33 05 Notice of Meeting You are hereby notified that the Salem Planning Board will hold its regular meeting on Thursday, November 17, 2005, at 7:00 PM in Room 313,Third Floor at 120 Washington Street. Wal&11 T .µ -P /6a.. Walter B. Power, III Chairman Toe 1. Form A Application For Endorsement of Plan Believed Not to Require Approval- 10� 12 Franklin Street (Map 26 Lot 404)—Sally Byors 7�) 2. Form A Application For Endorsement of Plan Believed Not to Require Approval- 14 Franklin Street(Map 26, Lot 403)—Franklin Realty Trust In 7"00 3. Form A Application For Endorsement of Plan Believed Not to Require Approval- 16, 18, 20 Franklin Street (Map 26,Lots 400,401, 402)—Edward Ferris and Ferris Trust 0 W T B-�°4. Form A Application For Endorsement of Plan Believed Not to Require Approval- 141 8, 10 Franklin Street (Map 26, Lots 405, 406)—Fred and Deborah Kozlowski m � 8.ie 5. Cancelled, Continued to December 1,2005 - Continuation of Public Hearing-Definitive CO c S) Subdivision, Cluster Residential Development,Wetland Special Permit-57 Marlborough Road—Osborne Hills Realty Trust—Attorney Brian McGrail cv; 8�)6. Cancelled, Continued to December 1,2005 - Continuation of Public Heating—Site Plan O Review-50 Palmer Street—Salem Harbor CDC—Madeline Nash, CDC Director of Real Estate Development;Attorney William Quinn,Tinti, Quinn, Grover& Frey. E 0 ® m cC7 (I�7. Cancelled, Continued to December 1, 2005 - Continuation of Public Heating- Wireless CO ; Communications Facility Special Permit-320 Lafayette Street—Omnipoint Holdings, Inc., 0m O a wholly owned subsidiary of T-Mobile—Agent Kristen LeDuc > c- oo 4C n M 94It 8. Public Hearing—Wetlands and Flood Hazard Special Permit - Loring Avenue Water 040 ('4) Project–Pierce Road– Isabel Simoes–Environmental Scientist, Camp,Dresser&McKee, C Z ad Inc. (CDM), Bruce Thibodeau - City Engineer a �0' —y N a m 9. Approval of Minutes August 18, 2005–joint City Council /Planning Board meeting 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 .TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM C � 1 { • 4 s) November 3, 2005 Planning Board meeting q ie 10. Old/New Business • • Please Sign-In Planning Board Meeting November 17, 2005 Name Mailing Address Phone Email r, i✓/2 /5 V--j— XL6 s d Af-& of 7cA0a11S ,N ,� 2 /h, n tz o/ eillo p71fl., ;d Q ce .c g v _V� 2 L 7 9 7 qF _ n 6 - 60$0 i r X17e 7y,5-- � 741y— 31j r T 7�3 `1� o ASL 6S comer S4 e CRS i Please Sign-In Planning Board Meeting November 17, 2005 Name Mailing Address Phone Email crI Y OF SALEM, MA CLERKS OFFICE • Salem Planning Board Minutes of Meeting Thursday, November 17, 2005 Zoos. OEC 16 A, 10 Ib A regular meeting of the Salem Planning Board was held on Thursday, November 17, 2005 in the third floor conference room at 120 Washington Street, Salem, Massachusetts at 7:00 p.m. Those present were: Walter Power, Chuck Puleo, Gene Collins, Paul Durand, Pam Lombardini, Christine Sullivan, Tim Kavanagh, and Tim Ready. Also present were city Planner Lynn Duncan and Staff Planner Dan Merhalski. Members Absent: John Moustakis Form A Application For Endorsement of Plan Believed Not to Require Aoproval- 16.18, 20 Franklin Street (Map 26, Lots 400, 401. 402) —Edward Ferris and Ferris Trust The Board considered the Form A application of Edward Ferris and the Ferris Trust for Endorsement of Plan Believed Not to Require Approval for 16, 18 and 20 Franklin Street (Map 26 Lots 400, 401 and 402). Gene Collins moved approval seconded by Paul Durand and the vote was tied 4-4 with Walter Power, Tim Ready, Gene Collins and Paul Durand voting in favor and Christine Sullivan, Pam Lombardini, Tim Kavanagh, and Chuck Puleo opposed. The • application was denied on the basis that the application and plan depicted differing lots and that 20 Franklin Street as identified in the application was a city-owned lot, not a lot owned by Mr. Ferris. Form A Application For Endorsement of Plan Believed Not to Require Approval-14 Franklin Street (Map 26, Lot 403) —Franklin Realty Trust The Board considered the Form A application of Franklin Realty Trust for Endorsement of Plan Believed Not to Require Approval for 14 Franklin Street (Map 26 Lot 403). Dan Merhalski explained this application. Gene Collins moved approval seconded by Chuck Puleo. The motion was approved (8-0). Form A Application For Endorsement of Plan Believed Not to Reauire Approval - 12 Franklin Street (Map 26 Lot 404) —Sally Byors The Board considered the Form A application of Fred and Deborah Kozlowski for Endorsement of Plan Believed Not to Require Approval for 12 Franklin Street (Map 26 Lots 405, 406). Gene Collins moved approval seconded by Chuck Puleo. . The motion was approved (8-0). • 1 a • Form A Application For Endorsement of Plan Believed Not to Require Al2proval-8, 10 Franklin Street (Mao 26, Lots 405. 406) —Fred and Deborah Kozlowski The Board considered the Form A application of Fred and Deborah Kozlowski for Endorsement of Plan Believed Not to Require Approval for 14 Franklin Street (Map 26 Lot 404) Franklin Realty Trust. Gene Collins moved approval seconded by Chuck Puleo. The motion was approved (8-0). Continuation of Public Hearing - Form C Definitive Subdivision - Cluster Residential Subdivision - Wetland Special Permit - Request for Continuation to October 20, 2005 Chuck Puleo read a letter from Atty. Brian McGrail requesting that the matter be continue to December 1, 2005 and to extend the time for which the Board has to approve the plan to December 1, 2005. Pam Lombardini moved to continue the public hearing to December 1, 2005, seconded by Tim Ready and approved (8-0). Pam Lombardini moved to extend the time for the approval of the application to December 9, 2005, seconded by John Moustakis and approved (8-0). Continuation of Public Hearing - Site Plan Review - Salem Harbor CDC - 50 Palmer • Street - Request for Continuation to December 1. 2005 Pam Lombardini moved to continue the public hearing to December 1, 2005, due to a lack of a quorum to hear this matter, seconded by Paul Durand and approved (8-0). Public Hearing - Wireless Communications Facility Special Permit - 320 Lafayette Street- T-Mobile Communications Pam Lombardini moved to continue the public hearing to December 1, 2005, due to the lack of a quorum to hear this matter, seconded by Tim Ready and approved (8- 0). Pam Lombardini questioned whether the Board would be getting an update on the alleged violations on that property. Dan Merhalski reported that the Board of Health has looked into the matter and has found that there are violations there, however because of the way that the ordinance is written regarding the Planning Board approval of this application the Board cannot hold up the application because of the violations. He noted that the Board could deny the application if they so choose but it cannot be due to the violations. Public Hearing - Wetlands and Flood Hazard Special Permit -City of Salem Loring Avenue Water Project - Pierce Road - Isabel Simoes - Environmental Scientist - Camp Dresser and McKee, Inc. - Bruce Thibodeau, City Engineer Joe Nerden, Assistant City Engineer addressed the Board. He noted that this is one • several projects that were presented to the City Council several years ago regarding a 12 million dollar bond. He explained that the project will span south Salem all the way to Vinnin Square and Lafayette Street toward Marblehead. He noted that in 2 • particular there have been several water main breaks on Loring Avenue that shut people down. He explained that the MWRA services Marblehead and the chemistries are a problem. He explained the replacements to the system that will be made and noted that there are several problems and a lot of the city system is like fingers and explained the problems that have been encountered. He also noted that in addition to Loring Avenue they have to cross over the river front to connect some fingers in the Sunset Road area and create a substantial water system. He noted that they have been before the Salem Conservation Commission and received an Order of Conditions. He noted that the city's consultant is present to answer any questions the Board may have. Walter Power suggested that they make a more detailed presentation so that the Board can ask informed questions. Joe Nerden explained that the main part of the project will be on Loring Avenue and connect all the way to Jefferson Avenue. Christine Sullivan asked if the road would be torn up in the middle of the road or off to the side. Isabel Simoes stated that they would be digging up the middle of the street and they have a traffic management plan that will be implemented. Christine Sullivan asked if this will be done during the day. She expressed concern that she has never seen the traffic management plan and expressed concern about the Enterprise Center at Salem State College. She also asked if this would be done in • the summer. She noted that in terms of traffic mitigation the college is much less busy in the summer. Joe Nerden noted that there are moratoriums on opening streets in the winter time. Christine Sullivan requested that the traffic plan be submitted to the Planning Board for their information. Joe Nerden noted that this application is tied to the wetlands and they were not required to submit the traffic plan but they would provide that for the Board. He noted that they are talking about a temporary situation in order to construct something and it would not be ongoing. Mr. Nerden noted that if this project is not completed the residents of Loring Avenue will still experience water problems and the residents of Sunset Road will continue to have water quality issues. He explained the installation of the pipes and process that will be used. He also explained the water quality issues regarding chlorine and water sitting in the pipe too long. He noted that the size of the pipes and their connections are the problems and along the way there have been a series of tie ins and the number of them and the condition of them is what is causing the problems out there. He noted that this will solve a lot of the problems that they have out there. He explained that the city does have a connection to the Marblehead pumping station for emergencies but it takes a while to get that going. Walter Power noted that on Loring Avenue to Vinnin Square there is a lot of bad road and questioned if the state was going to resurface the whole road when this is done. Joe Nerden noted that the construction work is only as good as the contractor doing it and the person over seeing it. Walter Power asked if there was a penalty to the contractor if the road goes bad after the construction. Mr. Nerden explained that • there is usually a bonding process and explained what the options would be. 3 • Tim Ready asked if the city would have a clerk of the works for this job. Mr. Nerden stated that the city would more than likely contract with an agent of the city to clerk this job, noting that the state provided a clerk for the Marlborough Road job. Christine Sullivan noted that this project is essential, noting that she knows how bad the water breaks have been in that area. Mr. Nerden explained the process that would be used to install the pipes and noted that there would be no disturbance to the river way area. Walter Power opened the hearing up for public comment at this time. A resident of Loring Avenue addressed the Board and questioned if there would be an interruption to service during the project. Joe Nerden stated that there would be interruptions to service during this project but in the long run it would be worth it. Mr. asked if the interruptions would be for a day at a time or intermittent. Mr. Nerden explained that they would try to keep the interruptions to a minimum and the residents will be notified in a timely manner. Mr. McCarthy of Buchanan Road asked for a clarification on the Pierce Road location. Isabel Simoes explained the location and the work that will be done in that area. She explained that the process that they will use is less intrusive to the wetlands. A resident of Sunset Road addressed the Board and asked how they will be affected. Mr. Nerden explained that the pipes on Sunset Road will be cleaned and lined and explained the process that would be used. He explained that they will be digging holes for that process that would be a 6x6 square and noted the locations. Tim Ready asked if there was any reason that the Planning Board should deny this project. He asked that when the specifications for the project go out that rodent control areas be noted in them. Gene Collins noted that the Board of Health has a condition regarding this and would be in their approval. Walter Power recalled that some work done on Lafayette Street affected water pressure and suggested that they inspect that pipe to see how it held up. Tim Ready moved to close the public hearing, seconded by Paul Durand and approved (8-0) Dan Merhalski reviewed a draft decision with the Board. Walter Power requested that a traffic mitigation plan and staging plan be submitted to the Planning Department. Christine Sullivan agreed and noted that there have been violations in the past that have been a concern to the Board and particularly noted the closing of streets. Joe Nerden explained that the location of the staging are is the responsibility of the contractor. Dan Merhalski suggested a condition that the contractor will have the staging area approved by the city engineer and the city planner. Walter Power noted that traffic in the area of the college is bumper to bumper throughout the day. • 4 n There being no further questions or comments regarding this matter a motion was made by Christine Sullivan to approve the draft decision for the City of Salem Loring Avenue Water Project as amended, seconded by Pam Lombardini and approved. Approval of Minutes The minutes of the Planning Board / City Council Joint Public Hearing held on August 18, 2005 were presented for approval. Tim Ready moved to approve the minutes of the Joint Public Hearing of the Planning Board as amended held on August 18, 2005, seconded by Pam Lombardini and approved (7-0). The minutes of the meeting held on November 3, 2005 were presented for approval. Christine Sullivan offered an amendment. Pam Lombardini moved to approve the minutes of November 3, 2005 as amended, seconded by Paul Durand and approved (7-0). Old / New Business 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 Pam Lombardini and approved. The meeting was adjourned at 9:30 p.m. • Respectfully submitted by: Eileen M. Sacco, Clerk Salem Planning Board PB111705 • 5 r Cli i �F SALEM, MA CITY OF SALEM C' :RK'S OFFICE PLANNING BOARD Ike 2005 N0V 22 P 3. 20 Decision Wetlands and Flood Hazard District Special Permit Loring Avenue Area Water System Improvements End of Pierce Road November 17, 2005 City of Salem —Department of Public Services 120 Washington Street Salem, MA 01970 A public meeting was held on November 17, 2005 regarding the application of the City of Salem, Department of Public Services,120 Washington Street, Salem, MA for a Wetlands and Flood Hazard Special Permit(pursuant to Section 7-16 of the Zoning Ordinance of the City of • Salem) for installation of an underground water line within existing roadways, to be routed beneath the waters of the Forest River. The parcel is located within the right-of-way at the end of Pierce Road and connects to the right-of-way at the end of Sunset Road. At the November 17, 2005 public meeting, the Board voted by a vote of eight(8) in favor (Power, Durand, Sullivan, Lombardini,Puleo, Kavanagh, Ready, Collins), and none opposed, to approve the application for a Wetlands &Flood Hazard District Special Permit with the following conditions: 1. Conformance with the Plan Work shall conform with the plans entitled, "Loring Avenue Area Water System Improvements"prepared by CDM , One Cambridge Place, 50 Hampshire Street, Cambridge, MA 02139, and dated October 26, 2005. 2. Utilities a. Utility installation shall be reviewed and approved by the City Engineer. b. All utilities shall be installed underground. 3. Board of Health All requirements of the Board of Health shall be strictly adhered to; with specific • 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 • WWW.SALEM.COM attention to rodent control. • 4. Fire Department The applicant shall comply with all requirements of the Salem Fire Department. 5. Building Inspector The applicant shall comply with all requirements of the City Building Inspector. 6. City Engineer The applicant shall comply with all requirements of the City Engineer. 7. Conservation Commission The applicant shall comply with the attached Order of Conditions as approved by the Conservation Commission. 8. As-built Plans As-built plans, stamped by a Registered Professional Engineer or Land Surveyor, shall be submitted to the Planning Department and Engineering Department. 9. Construction Practices All construction shall be carried out in accordance with the following conditions: a. No work shall continence before 8:00 AM on weekdays and Saturdays. No work • shall continue beyond 5:00 PM. There shall be no work conducted on Sundays or holidays. Inside work of a quite nature may be permitted at other times. b. All reasonable action shall be taken to minimize the negative effects of construction on abutters. Advance notice shall be provided to all abutters in writing at least 72 hours prior to commencement of construction. c. Drilling, blasting and pre blast survey work shall be limited to Monday—Friday between 8:00 AM and 5:00 PM. There shall be no drilling or blasting on Saturday, Sundays,or holidays. d. All construction shall be carried out in accordance with the Rules and Regulations of the Planning Board, and in accordance with any and all rules, regulations, and ordinances of the City of Salem. e. The applicant shall conduct street sweeping on Pierce Road and Sunset Road, as deemed necessary by the City Planner. f. The contractor will be responsible for providing the location(s) of all staging areas to the City Engineer for approval, prior to the start of construction. g. Amendments • Any further amendments to the site plan shall be reviewed by the City Planner and if deemed necessary by the City Planner, shall require approval of the r/ Planning Board. Any waiver of conditions contained within shall require the approval of the Planning Board. • h. Violations Violations of any condition shall result in revocation of this permit by the Planning Board, unless the violation of such condition is waived by a majority vote of the Planning Board. I hereby certify that a copy of this decision and plans has been filed with the City Clerk and copies are on file with the Planning Board. The Special Permit shall not take effect until a copy of this decision bearing the certification of the City Clerk that twenty(20)days have elapsed and no appeal has been filed or that if such appeal has been filed, and it has been dismissed or denied, is recorded in the Essex South Registry of Deeds and is indexed under the name of the owner of record is recorded on the owner's Certificate of Title. The owner or applicant, his successors or assigns, shall pay the fee for recording or registering. Walter B Power, III Chairman • • CITY OF SALEM 4� PLANNING BOARDIRAN papV 18 A ta- 39 November 17, 2005 Form A — Decision 16, 18 and 20 Franklin Street Edward Ferris 21 Naples Rd. Salem, MA 01970 Dear Mr. Ferris: The Salem Planning Board voted on November 17, 2005 by a vote of four(4) in favor(Ready, Power, Collins,Durand) and four(4)opposed (Sullivan, Lombardini, Kavanagh, Puleo), to • approve the Form A Application. The motion failed for lack of a majority vote and therefore constitutes a denial of the application under"Approval Under Subdivision Control Law Not Required" for the properties located at 16, 18 and 20 Franklin Street and filed on the following described application/plan: 1. Applicant: Edward Ferris, 21 Naples Rd., Salem, MA 01970 2. Location: Plan shows 16, 18 and 20R. Application states 16, 18 and 20 Franklin St. 3. Project Description: The Form A plan shows consolidation of two lots, 18 and 20R Franklin Street. The basis for the denial was that the application was inaccurate as it should have included parcel 20R, not parcel 20. Sincerely, V_ a.xh Walter Power III Chairman Cc: Cheryl LaPointe • 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 • WWW.SALEM.COM V'..,.. Y I CLQ-, I : CITY OF SALEM ""` PLANNING BOARD 1GtiS i!OV 18 A 2: 39 November 17, 2005 Form A - Decision 8 and 10 Franklin Street Fred and Deborah Kozlowski 11 Winter Street Salem, MA 01970 Dear Mr. And Mrs.Kozlowski: • The Salem Planning Board voted on November 17, 2005 by a vote of eight (8) in favor(Power, Puleo, Durand, Lombardini, Sullivan, Ready, Kavanagh) and none opposed to approve "Approval Under Subdivision Control Law Not Required" for the properties located at 8 and 10 Franklin Street and filed on the following described plan: 1. Applicant: Fred and Deborah Kozlowski, 8 and 10 Franklin Street, Salem, MA 01970 2. Location: The parcels are located at 8 and 10 Franklin St., assessors map 26, parcel 405 and 406. 3. Project Description: This Form A showed a perimeter plan. Please be advised that the Planning Board was unable to endorse the plan because the Board did not approve the application for Lots 1 and 2. You will need to have a plan endorsed for your parcel. Sincerely, 4'&-Z� 7Q 4r/d Walter Power III Chairman • Cc: Cheryl LaPointe 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 4 WWW.SALEM.COM � CLi=i3t( S�OFFICEIa . � CITY OF SALEM - a PLANNING BOARD 2M NOV 18 A 10: 38 November 17, 2005 Form A — Decision 12 Franklin Street Sally Byors 27 Haley Rd. Marblehead, MA 01945 Dear Mrs. Byors: The Salem Planning Board voted on November 17, 2005 by a vote of eight (8) in favor(Power, • Puleo, Durand, Lombardini, Sullivan, Ready, Kavanagh) and none opposed to approve "Approval Under Subdivision Control Law Not Required" for the property located at 12 Franklin Street and filed on the following described plan: 1. Applicant: Sally Byors, 27 Haley Rd., Marblehead, MA 01945 2. Location: The parcel is located at 12 Franklin St., assessors map 26, parcels 404. 3. Project Description: This Form A showed a perimeter plan. Please be advised that the Planning Board was unable to endorse the plan because the Board did not approve the application for Lots 1 and 2. You will need to have a plan endorsed for your parcel. Sincerely, Walter Power III Chairman • Cc: Cheryl LaPointe 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAX: 978.740.0404 0 WWW.SALEM.COM ' .�'1, i•iA • OFFICE CITY OF SALEM a PLANNING BOARD 1065 t,@1118 A 10: 38 November 17, 2005 Form A — Decision 14 Franklin Street Franklin Realty Trust Craig Burnham 14 Franklin St. Salem, MA 01970 • Dear Mr. Burnham: The Salem Planning Board voted on November 17, 2005 by a vote of eight (8) in favor(Power, Puleo, Durand, Lombardini, Sullivan, Ready, Kavanagh) and none opposed to approve "Approval Under Subdivision Control Law Not Required" for the property located at 14 Franklin Street and filed on the following described plan: 1. Applicant: Franklin Realty Trust, 14 Franklin Street, Salem, MA 01970 2. Location: The parcel is located at 14 Franklin St., assessors map 26, parcel 403. 3. Project Description: This Form A showed a perimeter plan. Please be advised that the Planning Board was unable to endorse the plan because the Board did not approve the application for Lots 1 and 2. You will need to have a plan endorsed for your parcel. Sincerely, Walter B. Power, III ° Chairman • Cc: Cheryl LaPointe 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM U! r i?F `ALLt9. MA • CITY OF SALEM CLERK'S OFFICE PLANNING BOARD 1005 NOV -2 P 12: 10 Notice of Meeting You are hereby notified that the Salem Planning Board will hold its regular meeting on Thursday, November 3,2005, at 7:00 PM in Room 313,Third Floor at 120 Washington Street. Walter B. Power, III Chairman 1. Form A Application For Endorsement of Plan Believed Not to Require Approval- 8-20R Franklin Street (Map 26,Lots 400–406)—Sally Byors 2. Form A Application For Endorsement of Plan Believed Not to Require Approval- 12 Franklin Street (Map 26 Lot 404)—Sally Byors • 3. Form A Application For Endorsement of Plan Believed Not to Require Approval- 14 Franklin Street (Map 26, Lot 403)—Franklin Realty Trust 4. Form A Application For Endorsement of Plan Believed Not to Require Approval- 16, 18, 20 Franklin Street (Map 26,Lots 400, 401, 402)—Edward Ferris and Ferris Trustor 5. Form A Application For Endorsement of Plan Believed Not to Require Approval- 8, 10 Franklin Street (Map 26, Lots 405,406)—Fred and Deborah Kozlowski U 6. Cancelled, Continued to Nov. 17, 2005 - Continuation of Public Hearing- Definitive ® p Subdivision, Cluster Residential Development, Wetland Special Permit-57 Marlborough Road—Osborne Hills Realty Trust–Attorney Brian McGrail O h M 7. Cancelled, Continued to Nov. 17,2005 - Continuation of Public Hearing—Site Plan O� Review-50 Palmer Street—Salem Harbor CDC –Madeline Nash, CDC Director of Real O E J Estate Development;Attorney William Quinn,Tinti, Quinn, Grover& Frey. g 8. Cancelled, Continued to Nov. 17,2005–Continuation of Public Hearing -Wireless fN Communications Facility Special Pemvt-320 Lafayette Street—Omnipoint Holdings, Inc.$119 0 a wholly owned subsidiary of T-Mobile—Agent Kristen LeDuc `mac 9. Release of Funds -Parlee Street Extension– Paul DiBiase 10.Approval of Minutes ,C�_� t h0 Nh 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 0 WWW.SALEM.COM • • December 16, 2004 • May 19, 2005 ■ August 18, 2005 ■ October 20,2005 11. Old/New Business • w Please Sign-In Planning Board Meeting November 3, 2005 Name Mailing Address Phone Email - 5- (o079. ti u- - y _:ati zt, 97 �-- 7Y- k - 76 G 2-- T 0. 3& f=elt St 418-IL(4-60o (U s- 3 ��I��VI Ic rc. L`'a (• �" 1 .A Please Sign-In • Planning Board Meeting November 3, 2005 Name Mailing Address Phone Email w 44 MA C1 ERK'S OFFICE • Salem Planning Board Minutes of Meeting Thursday, November 3, 2005 S NOV 21 A 8: 48 A regular meeting of the Salem Planning Board was held on Thursday, November 3, 2005 in the third floor conference room at 120 Washington Street, Salem, Massachusetts at 7:00 p.m. Those present were: Chuck Puleo, Gene Collins, Paul Durand, John Moustakis, Pam Lombardini, Christine Sullivan, and Tim Ready. Also present were Staff Planner Dan Merhalski. Members Absent: Walter Power In the absence of Chairman Walter Power Chuck Puleo assumed the chair. Dan Merhalski addressed the Planning Board and explained that the first five items on the agenda are Form A applications and they all have to do with the same properties and noted that item number one was submitted on October 1g`h and items 2-5 were submitted on October 28`h. He explained that the first submittal was for all of the properties and the second four submittals were submitted by the individual owners because it was determined at the time of the application that the applicant did not have ownership of all of the properties they wished to have combined. He also noted that on the first application for a Form A they were looking to combine lots on the applicants statement but the plans did not reflect that. He also noted • that the Board would deal with item number one separately from items 2-5 even though they are dealing with the same properties they are overlapping applications so they have to be dealt with separately. Dan Merhalski also informed those present that the Board would not be dealing with the North River Canal Corridor issue this evening noting that the deliberation wont be dealing with any application for that and noted that the reason that the Form A is on here is that they are trying to freeze the zoning for this area. He noted that the current zoning is B5 and if the NRCC were to be passed it would be a different type of zoning for that area and city staff is currently conferring with the Assistant City Solicitor for an opinion regarding the second set of Form A applications. Form A Aoolication for Endorsement of Plan Believed Not to Require Approval - 8- 20R Franklin Street (Mao 26. Lots 400-406) Sally Byors Dan Merhalski addressed the Board and recommended that the Board deny this application due to the lack of owership and the lack of conformity with the plan. He also noted that the Planning Board is required to act on this because of the 21 day period from which it was submitted. He also noted that the other applications were submitted later and the Planning Board is not required to act on them this evening. He also noted that the staff is recommending that items 2-5 be tabled until the next Planning Board meeting on November 17, 2005 since they have not received the opinion from the Assistant City Solicitor. Paul Durand moved to deny the Form A Application for Endorsement of Plan Believed • Not to Require Approval - 8-20R Franklin Street (Map 26, Lots 400-406), seconded by Christine Sullivan and approved (6-1) with Gene Collins opposed. I • Chuck Puleo noted that since there are several residents present this evening regarding items 2-5 the Planning Board will hear questions and comments from the audience and noted that the Board would be continuing the matter to the next meeting so there will be plenty of time for comment. He opened the meeting up for public comment at this time. Jim Treadwell addressed the Board and expressed his concerns about the zoning issues regarding this. He noted that the zoning was changed 20 years ago and noted that he is looking for documentation on the changes. He stated that he does not think that this area is part of the downtown area. He urged the Board to research that further for that information. He noted that this has been considered by the NRCC group. John Moustakis agreed that the Board should find out when the zoning changed. Patricia Donahue of Dearborn Lane addressed the Board and expressed her concerns about review by the City Solicitor and asked if they would have them look into the setbacks and make sure they are in accordance with the zoning. Dan Merhalski noted that the Planning Department is only looking at the legality of this being a Form A application and if the Board is required to approve the application. He explained that it is open for interpretation. He noted that the general law does not specifically state this circumstance for having an Approval Not Required division. Mrs. Donahue also noted that this area is in a flood plane and special permits are required. • Mr. Treadwell addressed the Board and noted that he has the requirements for the combining of lots and reviewed them with the Board. Dan Merhalski noted that they have to meet frontage and access requirement for emergency vehicles. He explained that the Planning Board must approve that application if those requirements are met. Mr. Treadwell pointed out that the Master Plan of 1996 adopted by the Planning Board calls for the expansion of Furlong Park as an RC district. He suggested that the Board research this as well. He also noted that the NRCC calls for the expansion of Furlong Park. Gene Collins noted that Park and Recreation has jurisdiction over Furlong Park and that would have to go through the City Council. Mr. Treadwell noted that a subdivision has to show park land on the plan. John Moustakis noted that a while back there was a problem with lot 1 with junk cars being on city property. Mr. Ferris noted that he is paying taxes on that land. Chuck Puleo clarified the question and asked if Mr. Ferris has all of his cars on his own property. John Moustakis explained that he recalled that awhile back there was a question of where the park ended and Mr. Ferris's property began and it was discovered that Mr. Ferris was keeping junk cars on city property. Mr. Ferris stated that this is incorrect. John Moustakis disagreed and noted that it was in the paper that there was a dispute. Mr. Ferris again noted that his cars are not on city property. The Board reviewed the plan and Mr. Ferris located his property. He noted • that he owns a piece of property by adverse possession. Mr. Ferris noted that he is paying taxes on this. Mr. Treadwell stated that he researched this in the assessors office and he believes that there is some usage of lot 270471 Furlong Park. He 2 J • noted that Ferris property is 20R Franklin and the assessors map shows that as 3 acres. He stated that if the assessors map shows the Ferris property as 1.68 acres it does appear that they are paying taxes on the land they are occupying. Patricia Murphy of 27 Foster Street addressed the Board and asked for development in that area that will be considerate of the neighbors. Christine Sullivan addressed the Board and stated that she hopes that the Board gets a good opinion on this. Mr. Blake of Dearborn Street addressed the Board and asked if the Board looks at the effect of the traffic etc. on the neighborhood when they consider a project. Chuck Puleo explained that the Board would look at the impact of the whole neighborhood. Kim Driscoll addressed the Board for a clarification on the action of the Board this evening. John Moustakis addressed the Board and noted that if Mr. Ferris is paying taxes on property, he does not think the boundary lines are accurately represented on the plan. Pam Lombardini moved to table items 2-5, described below, until the Planning Board meeting scheduled for November 17, 2005 seconded by Tim Ready and approved. • 2. Form A Application For Endorsement of Plan Believed Not to Require Approval-12 Franklin Street (Map 26 Lot 404) —Sally Byors 3. Form A Application For Endorsement of Plan Believed Not to Require Al2proval-14 Franklin Street (Map 26, Lot 403) —Franklin Realty Trust 4. Form A Application For Endorsement of Plan Believed Not to Require Approval-16, 18, 20 Franklin Street (Map 26, Lots 400, 401 402) —Edward Ferris and Ferris Trust 5. Form A Application For Endorsement of Plan Believed Not to Require Approval-8, 10 Franklin Street (Mai) 26. Lots 405 406) —Fred and Deborah Kozlowski Pam Lombardini addressed the Board and noted that flyers were distributed to Ward Six residents about an emergency meeting and that there are 300 condos proposed. She questioned if we are aware of this. Chuck Puleo explained that the developer wants to build down the road and freezing this zoning would allow that with no parking. Continuation of Public Hearing - Form C Definitive Subdivision - Cluster Residential Subdivision - Wetland Special Permit - Request for Continuation to October 20 2005 Chuck Puleo read a letter from Atty. Brian McGrail requesting that the matter be • continue to November 17, 2005 and to extend the time for which the Board has to approve the plan to December 9, 2005. 3 • Pam Lombardini moved to continue the public hearing to November 17, 2005, seconded by Tim Ready and approved (7-0). Pam Lombardini moved to extend the time for the approval of the application to December 9, 2005, seconded by John Moustakis and approved (7-0). Continuation of Public Hearing - Site Plan Review - Salem Harbor CDC - 50 Palmer Street - Request for Continuation to October 20, 2005 Pam Lombardini moved to continue the public hearing to November 17, 2005, seconded by Paul Durand and approved (7-0). Public Hearing - Wireless Communications Facility Special Permit - 320 Lafayette Street- T-Mobile Communications Pam Lombardini moved to continue the public hearing to November 17, 2005, seconded by Tim Ready and approved (7-0). Release of Funds - Parlee Street Extension Dan Merhalski addressed the Board and noted that there is a balance of $10,835 plus interest since the date of the bond. He noted that the City Engineer has signed off on the project and Planning Board approval is required to release the funds. • Chuck Puleo asked if all of the issues there are in compliance. Dan Merhalski stated that the engineer found that everything that was asked was done. Gene Collins moved to release the funds for Parlee Street Extension, seconded by John Moustakis and approved (7-0). Approval of Minutes The minutes of the Planning Board meetings held on December 16, 2004, May 19, 2005, August 18, 2005, October 20, 2005 were presented for approval. Tim Ready moved to approve the minutes of October 20, 2005, seconded by Pam Lombardini and approved (7-0). Christine Sullivan moved for reconsideration of the approval of the minutes of October 20, 2005 seconded by Pam Lombardini and approved. Christine Sullivan moved to approve the minutes of the meeting of October 20, 2005 as amended, seconded by Tim Ready and approved. Tim Ready moved to table the minutes of the Joint Public Hearing of the Planning Board and the Salem City Council held on August 18, 2005, seconded by John Moustakis and approved. Pam Lombardini moved to approve the minutes of the meeting held on May 19, 2005, seconded by Gene Collins and approved. • The minutes of the meeting held on December 16, 2004 were presented for approval. Christine Sullivan offered an amendment. Pam Lombardini moved to 4 • approve the minutes of December 16, 2004 as amended, seconded by Paul Durand and approved (7-0). Old / New Business Pam Lombardini thanked Dan Merhalski for looking into O'Rourke Brothers and A&A Services. The Board held a discussion on the issues that were of concern. No action was taken. It was noted that the plans did not address the height of the building and they put a full story on the existing building. Gene Collins noted that the application before the Board was a Wetlands Special Permit. John Moustakis asked about the property of A&A Services. Dan Merhalski noted that he has been unable to find a decision. Pam Lombardini noted that it never came before the Planning Board. John Moustakis noted that there is a huge metal trailer on the site. Pam Lombardini noted that the foliage hides it during the summer but when the leaves started falling it became very visible. Christine Sullivan expressed her concern about this building on North Street and it being in an Entrance Corridor. Dan Merhalski will check with the Building Inspector and see how they got a building permit for it. 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 Pam Lombardini and approved. • The meeting was adjourned at 8:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Planning Board PB110305 5 S ALE � s CITY OF SALEM Ci-cRl( s OFFICE PLANNING BOARD 1035 NOV -4 AID I I Form A — Decision 8-20R Franklin Street Sally Byors 27 Haley Rd. Marblehead, MA 01945 Dear Mrs. Byors: The Salem Planning Board voted on November 3, 2005 by a vote of six (6)in favor(Puleo, Durand,Moustakis,Lombardini,Sullivan, Ready) and one(1) opposed(Collins)to deny • "Approval Under Subdivision Control Law Not Required"for the properties located at 8-20R Franklin Street on the basis that the applicant is not the owner of all of the parcels that they wish to consolidate, and the applicant's plans as submitted showed individual parcels of land,not a single consolidated plan as requested in their application and filed on the following described plan: 1. Applicant: Sally Byors, 27 Haley Rd.,Marblehead, MA 01945 2. Location: These parcels are located at 8-20R Franklin St., assessors map 36,parcels 400- 406. 3. Project Description: This Form A requested to combine the above lots into a single parcel of land. Sincerely, Chuck Puleo Acting Chairman • Cc: Cheryl LaPointe 120 WASHINGTON .STREET, SALEM, MASSACHUSETTS 01970 9 TEL: 978.745.9595 FAx: 978.740.0404 WWW.SALEM.COM CITY OF SALEJNI DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT STANLEY J. USOVIC7.,JR. MAYOR 120 %Qq IINGTON STRIT.T•SALEM,MASS\C.I RrIi.TTS 01970 LYNN GOONIN DINCAN,AICP TEL:978-745-9595 •FAX:978-740-0404 DIRECTOR November 14,2005 Banknorth, N.A. Atm: Kerin Green 175 Cabot Street Beverly, MA 01915 RE: Security Release for Parlee Street Extension Subdivision—Mr. Paul DiBiase Dear Ms. Green: The Planning Board voted unanimously at their November 3, 2005 meeting to release the remainder of funds held by the City for the completion of the Parlee Street Extension Subdivision by Mr. Paul DiBiase. The funds were held in a Commercial High Rate Money Market Account with account • number #15-8001389. As of the October 2005 statement, there was $10,907.26 in the account. This letter gives authorization from the City of Salem Planning Board for Mr. DiBiase to withdraw the remaining funds, held in the Banknorth Commercial High Rate Money Market account. Please contact me in the Department of Planning&Community Development at (978) 745-9595, extension 311,if you need any additional information. Sincerely, Cy G. Duncan, ]CP iD for of Planning and Community Development Cc: Paul DiBiase Anne Busteed, City Treasurer Bruce Thibodeau, Director of Public Services • CITY OF S CITY OF SALEM CCf�� S C 6f A ,, PLANNING BOARD 1p®5ocr � � q a n�� Notice of Meeting You are hereby notified that the Salem Planning Board will hold its regular meeting on Thursday, October 20, 2005, at 7:00 PM in Room 313,Third Floor at 120 Washington Street. Walter B. Power, III Chairman 1. Public Hearing–Waiver of Frontage–7 Mall Street–Wendi Goldsmith, Sally Calhoun, Arty. 2. Form A Approval–7 Mall Street–Wendi Goldsmith, Sally Calhoun,Arty. 3. Continuation of Public Hearing- Definitive Subdivision, Cluster Residential • Development,Wetland Special Permit-57 Marlborough Road—Osbome Hills Realty Trust–Attorney Brian McGrail 4. Public Hearing—Site Plan Review-50 Palmer Street—Salem Harbor CDC–Madeline Nash, CDC Director of Real Estate Development;Attorney William Quinn,Tinti, Quinn, Grover& Frey. 5. Public Hearing-Wireless Communications Facility Special Permit-320 Lafayette Street—Omnipoint Holdings, Inc., a wholly owned subsidiary of T-Mobile—Agent Kristen LeDuc 6. Approval of Minutes • March 24, 2005 • June 16, 2005 • July 21, 2005 ■ September 15, 2005 –joint City Council/Planning Board Meeting ■ September 29, 2005 7. Old/New Business This notice posted on "Official Bulletin Board" City Hall Ave., Salem, Mass. on OCT 17 2005 • at /o�oj ,.Ig in accordance viii CW. 39 1�n 23A OL 2 of M.G.L. 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 0 WWW.SALEM.COM VA Please Sign-In • Planning Board Meeting October 20, 2005 Name Mailing Address Phone Email 4�) ai T N'R 6 /S Tt K fA S7 -�f�s�0s Nl /.IAsh N � c c PC, l,on 5 Lc A. _ : -757- (�6 <_r_a,u�r 94/ 'dara A7dibA vAQ Aar gs a� -va al A a 1912 cl.� I_AV L Mt 46> kt l ee_vt. /!✓e 751- 'iSS- Ssl sr � r .r Please Sign-In Planning Board Meeting October 20, 2005 Name Mailing Address Phone Email �v� W CITY OF SALEM PLANNING BOARD Notice of Meeting You are hereby notified that the Salem Planning Board will hold its regular meeting on Thursday, October 20, 2005, at 7:00 PM in Room 313,Third Floor at 120 Washington Street. Wa&� X'1-1 W74w Walter B. Power, III Chairman 1. Public Hearing–Waiver of Frontage–7 Mall Street–Wendi Goldsmith, Sally Calhoun, Arty. 2. Form A Approval– 7 Mall Street–Wendi Goldsmith, Sally Calhoun,Atty. 3. Continuation of Public Hearing- Definitive Subdivision, Cluster Residential • Development,Wetland Special Permit-57 Marlborough Road—Osborne Hills Realty Trust–Attorney Brian McGrail 4. Public Hearing—Site Plan Review-50 Palmer Street--Salem Harbor CDC –Madeline Nash, CDC Director of Real Estate Development;Attorney William Quinn, Tinti, Quinn, Grover& Frey. 5. Public Hearing-Wireless Communications Facility Special Permit-320 Lafayette Street—Omnipoint Holdings, Inc., a wholly owned subsidiary of T-Mobile—Agent Kristen LeDuc 6. Public Hearing–Site Plan Review Special Permit–440 Highland Avenue–Walmart Stores, Inc. –Atty. Brian Lambert 7. Approval of Minutes • March 24, 2005 ■ June 16, 2005 • July 21, 2005 ■ September 15, 2005 –joint City Council/Planning Board Meeting ■ September 29, 2005 • 8. Old/New Business 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 WWW.SALEM.COM • Salem Planning Board Minutes of Meeting Thursday, October 20, 2005 A regular meeting of the Salem Planning Board was held on Thursday, October 20, 2005 in the third floor conference room at 120 Washington Street, Salem, Massachusetts at 7:00 p.m. Those present were: Walter Power, John Moustakis, Pam Lombardini, Christine Sullivan, Chuck Puleo and Tim Ready. Also present were Staff Planner Dan Merhalski, and Eileen Sacco, Clerk. Members Absent: Gene Collins and Paul Durand Public Hearing - Waiver from Frontage Requirements and Form A - 7 Mall Street - Wendi Goldsmith Atty. Sally Calhoun addressed the Board and explained that she represents Mr. Ted Angelakis of 9 Mall Street. She explained that Mr. Angelakis was under the impression that his lot was bigger than it actually is and has maintained it as his own since he purchased the property. She noted that when Mr. Angelakis realized this he conferred with his neighbor, Wendi Goldsmith of 9 Mall Street, and they reached an agreement for him to purchase 113 s.f. She also noted that the Zoning Board of Appeal has granted a variance for this. • Walter Power opened the hearing up for public comment at this time. There was no one present who wished to comment on the matter. There being no further questions or comments regarding this matter a motion was made by Pam Lombardini to close the public hearing, seconded by John Moustakis and approved (6-0). John Moustakis moved to grant the Waiver from Frontage for 7 Mall Street, seconded by Christine Sullivan and approved (6-0). Tim Ready moved to approve the Form A for 7 Mall Street, seconded by Chuck Puleo and approved (6-0). Continuation of Public Hearing - Form C Definitive Subdivision - Cluster Residential Subdivision - Wetland Special Permit - Request for Continuation to October 20 2005 Walter Power read a letter from Atty. Brian McGrail requesting that the matter be continue to November 3, 2005 and to extend the time for which the Board has to approve the plan to December 9, 2005. John Moustakis moved to continue the public hearing to November 3, 2005, seconded by Christine Sullivan and approved (6-0). Pam Lombardini moved to extend the time for the approval of the application to December 9, 2005, seconded by John Moustakis and approved (6-0). • 1 • Continuation of Public Hearing - Site Plan Review - Salem Harbor CDC - 50 Palmer Street - Request for Continuation to November 3. 2005 Madeline Nash addressed the Board and explained the project with the Board. She noted that there will be 9 owner units and 6 rental units, noting that there will be 3 units that will not have rentals to go with them. She also noted that the project has wide community support in the neighborhood and they are hoping for approval of this project at the next meeting. Walter Power noted that the Board held a site visit for this project and he thinks it is a great project. Christine Sullivan stated that she feels that this is a wonderful project and she likes the ability of having extended families being able to stay together. Walter Power opened the hearing up for public comment at this time. Mr. Goggin asked what the height of the building would be. Ms. Nash stated that it would be 35 feet. There being no further questions or comments regarding this matter a motion was made by Christine Sullivan to continue the public hearing to November 3, 2005, seconded by Pam Lombardini and approved (6-0). Public Hearing - Wireless Communications Facility Special Permit - 320 Lafayette • Street- T-Mobile Communications Kristen LeDuc addressed the Board and explained the proposal for the installation of equipment and three antennas on the penthouse at 320 Lafayette Street. She explained that T-Mobile is looking to expand their services and the height of this building is the right height for this location. She also explained that the equipment will be enclosed and painted to match the building and showed photos of the proposed location. She also noted that they approached Salem State College for a possible location and they were not interested. Walter Power noted that there are some problems with violations in that building and he feels that any approval should be subject to the owner taking care of those violations. He also stated that he would like to see detailed photos of the property that would show before pictures and a simulation of what the building will look like after the installation of the equipment. John Moustakis agreed and advised Ms. LeDuc to contact the building owner and let him know that the Planning Board is not happy with the code violations. Tim Ready stated that he feels that these are long standing violations that need to be addressed. Dan Merhalski noted that the city inspectors will be investigating the code violations. Walter Power opened the hearing up for public comment at this time. • Councillor Matt Veno addressed the Board and expressed his concern about the location of the antennas and the line of site of the neighbors on Charles Street. He st ,y 2 • requested that they provide a visual of the back of the building as well as what has been requested by the Planning Board. Ms. LeDuc stated that they would provide that as well. She explained that the bylaw states the nearest public way should be shown and they used Lafayette Street. She noted that she would provide both. Steve Kapantis of Wisteria Street addressed the Board and expressed his concerns about the location and asked if they are still considering the Gardner Mattress building. Ms. LeDuc stated that they would have to install a pole on that location. Polly Wilbur of the South Salem Neighborhood Association addressed the Board and noted that she has observed what appears to be cable piracy in the proposed location and cautioned T-Mobile that their property may be at risk also. Steve Kapantis of Wisteria Street addressed the Board and expressed his concerns about the cable piracy as well. He noted that there are wires draped all over that building and he thinks it is a hazard. He also noted that he has concerns about the appearance of the building and the code violations. Bob Burns of 21 Wisteria Street addressed the Board and expressed his concerns about the fence on the property. There being no further questions or comment regarding this matter a motion was made by Chuck Puleo to continue the public hearing to November 3, 2005, seconded by Christine Sullivan and approved (6-0). • Walter Power asked Dan Merhalski to check on the code violations with the city inspectors and report back to the Planning Board on this. Pam Lombardini suggested that T-Mobile should not come back to the Planning Board until the code violations are resolved. Public Hearing - Site Plan Review Special Permit - Walmart Stores Inc 440 Highland Avenue Mrs. Sara Bailey addressed the Board and explained the plans for the construction of a 395 s.f. produce cooler in the back of the Walmart Building located at 440 Highland Avenue. She explained that the cooler will not be visible from the front of the building and there will be no grading or blasting for the project. Mrs. Bailey also noted that the Zoning Board of Appeals granted a variance for this project. Walter Power asked if there are any residential abutters to this location. Mrs. Bailey explained that the area behind the building is woods and wetlands. John Moustakis asked if there was any noise associated with this cooler. Mrs. Bailey stated that the noise is minimal and not something that would bother anyone. Walter Power opened the hearing up for public comment at this time. The owner of the Storage Facility across the street addressed the Board and stated that Walmart is a good neighbor and they are in favor of the project. • Christine Sullivan addressed the Board and noted that she finds Walmart appalling. 3 • Joanne McGrane of Charles Street addressed the Board and echoed Christine Sullivan's comment about Walmart. There being no further questions and comments regarding this matter a motion was made by John Moustakis to close the public hearing, seconded by Pam Lombardini and approved (6-0). Dan Merhalski reviewed a draft decision for the project with the Planning Board. Pam Lombardini moved to approve the Site Plan Review Special Permit for Walmart Stores Inc., 440 Highland Avenue, Salem, MA., with conditions, seconded by Tim Ready and approved (6-0). Approval of Minutes The minutes of the Planning Board meetings held on March 24, 2005, June 16, 2005, July 21, 2005, September 15, 2005, and September 29, 2005 were presented for approval. Christine Sullivan moved approval as amended, seconded by Pam Lombardini and approved (6-0). Old/New Business Pam Lombardini addressed the Board and stated that they are still waiting for the information regarding O'Rourke Brothers Memorials and the building that they constructed. She noted that she did not think that what was built is what the Board • approved. Dan Merhalski said he will look into that. Pam Lombardini suggested that the Board look at reducing the threshold for review from 10,000 s.f. in an entrance corridor. John Moustaks also suggested that the Board look at how far back from the street the requirement goes noting that there is a metal storage building at A&A Services that does not go with the neighborhood. There being no further business to come before the Planning Board at this meeting a motion was made by John Moustakis to adjourn the meeting, seconded by Pam Lombardini and approved. The meeting was adjourned at 8:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Planning Board PB102005 • 4 "i JALc(1, ?1A a.'ERK S OFFICE CITY OF SALEM PLANNING BOARD t065 OCT 21 A 9- 20 Form A — Decision 7 Mall Street Sally J. Calhoun, Atty. One Essex Green Drive Peabody, MA 01960 Dear Ms. Calhoun: The Salem Planning Board voted on October 20, 2005 by a vote of six (6) in favor and none opposed to endorse "Approval Under Subdivision Control Law Not Required" on the following described plan: • 1. Applicant: Wendi Goldsmith, 7 Mall Street, Salem, MA 01970 2. Location: The parcel is located at 7 Mall Street, assessors map 35, parcel 131. 3. Project Description: This Form A requested to divide a portion of 7 Mall Street with an area of approx. 113 sq. ft., and combine said portion with abutting 9 Mall Street, for an undisclosed purchase price. Sincerely, Walter B. Power, III Chairman Cc: Cheryl LaPointe • 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAX: 978.740.0404 ♦ WWW.SALEM.COM Cii Gr SAL'LM. ?IA CITY OF SALEM C'- M'S oFricE PLANNING BOARD 1085 OCT 21 A 9: 20 Decision - Waiver From Frontage For The Petition Of Wendi Goldsmith For A Waiver From Frontage At 7 Mall Street A Public Hearing on this petition was held on October 20, 2005. The Public Hearing was dosed on October 20, 2005 with the following Board members present Walter B. Power, III, Chairman; Christine Sullivan,Tim Ready, Chuck Puleo,John Moustakis,Pam Lombardini. Notice of this meeting was sent to abutters and notice of the hearing was properly published in the Salem Evening News. Wendi Goldsmith, owner of the property,is requesting a waiver from frontage requirements from the Subdivision Regulations and under MGL Chapter 41, Section 81R, to allow the property located at 7 Mall Street to be subdivided into two lots. This section states that"A Planning Board may in any particular case,where such action is in the public interest and not inconsistent with the intent and purpose of the subdivision control law,waive strict compliance with its rules and regulations, and with frontage or access requirements specified in the law...." The waiver from frontage is being granted for the property located at 7 Mall Street,as shown on the plans titled, "Subdivision Plan of Land, 7 Mall Street, Salem," dated July 1, 2004, upon the findings • by the Board that: 1. Special circumstances exist which especially affect the land and structures involved and which are not generally affecting other land and structures involved; 2. Literal enforcement of the provisions of the Regulations would involve substantial hardship, financial or otherwise, to the petitioner; and Therefore, the Planning Board voted by a vote of six (6) (Power, III, Chairman;Sullivan, Ready, Puleo, Moustakis,Lombardini) in favor, none opposed, to grant the waiver from frontage requirements for 7 Mall Street. This endorsement shall not take effect until a copy of the decision bearing certification of the City Clerk that twenty (20) days have elapsed and no appeal has been filed or that if such appeal has been filed that it has been dismissed or denied, is recorded in the Essex South Registry of Deeds and is indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The owner or applicant shall pay the fee for recording or registering. I hereby certify that a copy of this decision is on file with the City Clerk and that a copy of the Decision and plans is on file with the Planning Board. Walter B Power, III • Chairman 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAX: 978.740.0404 0 WWW.SALEM.COM " �MLE11. 11A "S OFFICE • CITY OF SALEM PLANNING BOARD 1005 OCT 21 A 9: 20 Site Plan Review Decision October 20, 2005 Wal-Mart Stores, Inc. c/o Bryan Lambert APD Engineering 3445 Winton Place, Suite 208 Rochester, NY 14623 RE: 440 Highland Avenue, Site Plan Review • On Thursday, October 20, 2005, the Planning Board of the City of Salem opened a Public Hearing regarding the application of Wal-Mart Stores, Inc. c/o Bryan Lambert APD Engineering 3445 Winton Place, Suite 208, Rochester, NY, for the property located at 440 Highland Avenue. The proposed project involves installation of a 395 sq. ft. cooler addition and surrounding fence. Access to the unit will be from inside the existing structure. The Public Hearing was closed on October 20, 2005. At a regularly scheduled meeting of the Planning Board held on October 20, 2005, the Planning Board, based on the information contained in the application and presented at the hearings, voted by a vote of six (6) in favor, none (0) opposed to approve the application as complying with the requirements of Site Plan Review, subject to the following conditions: 1. Conformance with the Plan Work shall conform to the plans entitled, "Proposed Convenience Addition to Wal-Mart Store #2640, Salem, MA" Sheets CS, C1, C2 and A2, prepared by APD Engineering, 3445 Winton Place, Suite 208, Rochester, NY 14623, dated 03-07-05 and revised in accordance with the decisions and requirements of all other applicable Boards and Commission in the City of Salem. Revised Plans reflecting these changes must be submitted and approved by the City Planner prior to the issuance of a building permit. • 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 0 WWW.SALEM.COM 2. Amendments • Any amendments to the site plan shall be reviewed by the City Planner and if deemed necessary by the City Planner, shall be brought to the Planning Board. Any waiver of conditions contained within shall require the approval of the Planning Board. 3. Construction Practices All construction shall be carried out in accordance with the following conditions: a. Work shall not be conducted between the hours of 5:00 PM and 8:00 AM the following day on weekdays or at any time on Sundays or Holidays. b. All reasonable action shall be taken to minimize the negative effects of construction on abutters. Advance notice shall be provided to all abutters in writing at least 72 hours prior to commencement of construction of the project. c. Drilling and blasting shall be limited to Monday-Friday between 8:00 AM until 5:00 PM. There shall be no drilling or blasting on Saturdays, Sundays, or holidays. Blasting shall be undertaken in accordance with all local and state regulations. d. All construction vehicles shall be cleaned prior to leaving the site so that they do not leave dirt and/or debris on surrounding roadways as they leave the site. e. All construction shall be performed in accordance with the Rules and Regulations of the • Planning Board, and in accordance with any and all rules, regulations and ordinances of the City of Salem. f. All construction vehicles left overnight at the site, must be located completely on the site 4. Clerk of the Works A Clerk of the Works shall be provided by the City, at the expense of the applicant, his successors or assigns, as is deemed necessary by the City Planner. 5. Fire Department All work shall comply with the requirements of the Salem Fire Department. 6. Building Inspector All work shall comply with the requirements of the Salem Building Inspector. 7. Exterior Elevations a. Elevations shall be in keeping with the approved plans. b. Final elevations, brick type, and other building materials shall be reviewed and approved in writing by the City Planner prior to the issuance of a Building Permit. 8. As-built Pians • As-built plans, stamped by a Registered Professional Engineer, shall be submitted to the Planning Department and Engineering Department prior to the issuance of the final Certificate of Occupancy. 9. Violations Violations of any condition shall result in revocation of this permit by the Planning Board, unless the violation of such condition is waived by a majority vote of the Planning Board. I hereby certify that a copy of this decision and plans has been filed with the City Clerk and copies are on file with the Planning Board. The Special Permit shall not take effect until a copy of this decision bearing the certification of the City Clerk that twenty (20) days have elapsed and no appeal has been filed or that if such appeal has been filed, and it has been dismissed or denied, is recorded in the Essex South Registry of Deeds and is indexed under the name of the owner of record is recorded on the owner's Certificate of Title. The owner or applicant, his successors or assigns, shall pay the fee for recording or registering. Walter B Power, III • Chairman • m 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 29, 2005, at 7:00 PM in Room 313,Third Floor at 120 Washington Street. Walter B. Power, III Chairman 1. TO BE CONTINUED TO OCTOBER 20, 2005 - Definitive Subdivision, Cluster Residential Development, Wetland Special Permit-57 Marlborough Road—Osborne Hills Realty Trust–Attorney Brian McGrail • Request to Extend Deadline for Planning Board Final Action • Request for Continuation of Public Hearing to October 20, 2005 2. Continuation of Public Hearing—Site Plan Review-50 Palmer Street—Salem Harbor CDC –Madeline Nash, CDC Director of Real Estate Development;Attorney William Quinn, Tinti, Quinn, Grover& Frey. 3. Public Hearing- Wireless Communications Facility Special Permit-320 Lafayette Street—Omnipoint Holdings, Inc., a wholly owned subsidiary of T-Mobile—Agent Kristen LeDuc 4. Approval of Minutes ■ July 7, 2005 ■ August 11, 2005 • September 15, 2005 5. Old/New Business • 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 TEL: 978.745.9595 FAx: 978.740.0404 0 WWW.SALEM.COM Please Sign-In Planning Board Meeting September 29, 2005 Name Mailing Address Phone Email G /�/ /�/S CCK T hEN C 9 /S A ms zEt,4 5 -7`/`/ Sad S-rEfN6N C. KorPvoTAvs Z- GJ ST s -33 22 • Salem Planning Board Minutes of Meeting Thursday, September 29, 2005 A regular meeting of the Salem Planning Board was held on Thursday, September 29, 2005 in the third floor conference room at 120 Washington Street, Salem, Massachusetts at 7:00 p.m. Those present were: Walter Power, Paul Durand, John Moustakis , Christine Sullivan, Gene Collins. Also present were City Planner Lynne Duncan, Staff Planner Dan Merhalski, and Eileen Sacco, Clerk. Members Absent: Pam Lombardini, David Weiner, Chuck Puleo and Tim Ready Continuation of Public Hearing - Form C Definitive Subdivision - Cluster Residential Subdivision - Wetland Special Permit - Reauest for Continuation to October 20, 2005 Walter Power read a letter from Atty. Brian McGrail requesting that the matter be continue to October 20, 2005. John Moustakis moved to continue the public hearing to October 20, 2005, seconded by Christine Sullivan and approved (5-0). Paul Durand moved to extend the time for the approval of the application to November 22, 2005, seconded by John Moustakis and approved (5-0). Continuation of Public Hearing - Site Plan Review - Salem Harbor CDC - 50 Palmer • Street - Request for Continuation to October 20. 2005 Walter Power read a letter from the Atty. William Quinn requesting that the matter be continued to October 20, 2005. Paul Durand moved to continue the public hearing for Site Plan Review - Salem Harbor CDC - 50 Palmer Street - Request for Continuation to October 20, 2005, seconded by Christine Sullivan and approved (5-0). Public Hearing - Wireless Communications Facility Special Permit - 320 Lafayette Street- T-Mobile Communications Walter Power read a letter from the applicant requesting that the public hearing be continued to October 20, 2005. John Moustakis moved to continue the public hearing to October 20, 2005, seconded by Paul Durand and approved (5-0). Approval of Minutes The minutes of the Planning Board meetings held on July 7, 2005, August 11, 2005, September 15, 2005 were presented for approval. John Moustakis moved approval as amended seconded by Christine Sullivan and approved (5-0). Old New Business Walter Power stated that he has been concerned about the marshalling of building materials and drop sites in the downtown and has talked with Lynn Duncan about that and she suggested that he wait until Dan Merhalski was on board. He • suggested that he would like Dan to draft some language that could be inserted into Planning Board appffovals regarding that. � l • John Moustakis stated that he thinks that is an enforcement issue that should be addressed by the Police Department. He recalled that there was a situation involving a pick up truck parking on lower Lafayette Street and noted that it was unfair to the businesses in the downtown. Paul Durand noted that this aspect of the work is In construction and suggested that the intent can be recorded here but the enforcement of that be with the building department. Lynn Duncan noted that the Planning Department crafts the decision and suggested that a logistics plan be required to the Board and have a safety officer or the building Inspector review It and enforce it. She noted that with the Police Department it is an operational Issue. John Moustakis stated that there is something that can be done and noted that his son owns the Mexican Restaurant and allow contractors working on the Bleachers building to park in his parking area during the day. Christine Sullivan suggested that Planning Board decisions should be online for the public to access and be better Informed. Dan Merhalski stated that he thought it would be cost prohibitive to do that. John Moustakis suggested Inviting Captain Callahan to a Planning Board meeting to address their concerns. Walter Power suggested that the Board think about this and make some suggestions • on how to Include this in the decision and create a process for flow of information to the business community on a day to day basis. He also noted that there should be a liaison to address these Issues. Gene Collins stated that he agrees with Walter Power but added that some of the things that the Board tries to initiate should be left to other people to do. Walter Power suggested that perhaps the Chamber of Commerce would be a venue to keep the businesses Informed. Paul Durand agreed and noted that construction Is a dynamic process and people should be able to contact the Mayors office etc. and get some help with their concerns. Christine Sullivan stated that she would like to see the Board require a logistics plan and also that the Board create some relationship with the Chamber of Commerce and that a copy of the decisions go to the Chamber to assist businesses with this. Christine Sullivan suggested that the agenda for the meeting on October 2e have time limits on it for the items on the agenda, noting that she is concerned about the amount of work on the agenda that evening. John Moustakis also suggested that the audience members be allowed to speak once on an Issue. A discussion was held on the management of meetings during controversial Issues. Christine Sullivan noted that It is Important to hear the concerns of the public, but there Is not a lot of new information being Introduced at this point. • 2 Dan Merhalski cautioned that if times are put on the official agenda it has to be . followed and if the Board finishes something at 7:30 and the next Item is scheduled for 8:00 they would have to wait until 8:00 to hear that item. 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 Paul Durand and approved. The meeting was adjourned at 8:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Planning Board PB09290S 3 • Joint Public Hearing of Salem Planning Board and Salem City Council Minutes of Meeting Thursday, September 15, 2005 A joint public hearing of the Salem Planning Board and the Salem City Council was held on Thursday, September 15, 2005 in the Salem City Council Chambers, 93 Washington Street, Salem, MA. 01970 at 6:00 p.m. The purpose of this hearing was to discuss Municipal and Religious Properties Reuse Development District zoning. Planning Board Members present were: Walter Power, John Moustakis , Christine Sullivan, Gene Collins, Tim Ready. Also present were City Planner Lynn Duncan, Staff Planner Dan Merhalski, and Eileen Sacco, Clerk. Planning Board Members Absent: Pam Lombardini, David Weiner, Chuck Puleo, and Paul Durand Salem City Councillors Present: Councillor At Large Joan Lovely, Ward Five Councillor Matt Veno, Ward Two Councillor Michael Sosnowski, and Councillor At Large Tom Furey. Councillor Lovely called the meeting to order at 6:20 p.m. She noted that there are • several councilors absent this evening and proposed that the hearing be opened and comments taken this evening and continue the public hearing to a future meeting. Councillor Lovely called on City Planner Lynn Duncan to explain the proposal. Ms. Duncan addressed the Council and explained the ordinance. She noted that she has contacted the City of Peabody as they have used this zoning for one of their developments. She explained that she would like to look at their ordinance further and see if there is anything she would change or do differently from Peabody. She stated that it is worth further research and discussion. Walter Power expressed his concerns about the City Council being the granting authority for the special permit, noting that the Planning Board traditionally grants these permits and thoroughly reviewed them with the expertise of the Board. Christine Sullivan stated that she considers this a working document and expressed her concern about the 21 day time frame that the Planning Board would have to make a recommendation. She noted that the Board had a problem with that recently on the recommendation for the North River Canal Corridor Zoning. She stated that she did not feel that the Board had enough time to seek expert advice and they do not have the opportunity to make a considered decision with a 21 day time frame. John Moustakis stated that he liked the fact that the city will get a chance to weigh in on the reuse of these properties. • Councillor Tom Furey stated that he feels that the city lost an opportunity on the St. Mary's Church property and he would support this. 1 • Barbara Cleary addressed the Council and suggested that the proposal needs a lot more work. She noted that what has been presented are minimum standards which are low and would open the doors for huge amounts of changes, noting that there are no density requirements, for example. She suggested that public discussion take place on this similar to what was done with the North River Canal Corridor. David Hart addressed the Council and expressed his concerns about the provision to have the City Council grant the special permit rather than the Planning Board. Councillor Sosnowski addressed the Council and stated that he would like to see a provision that would put certain properties back on the tax roles. He stated that it would be good if there was a little power to it. He also agreed with Christine Sullivan that the 21 day time frame should be looked at. Bill Luster addressed the Council and stated that he briefly looked at the document and agreed it is a working document and offered his comments in that spirit. He stated that the timing needs to be looked at. He also noted that it is an opportunity to look at a number of desperate buildings in the city and encourage creativity with increased public participation. Councillor Veno addressed the Council and stated that he appreciates this opportunity and questioned the permit granting authority by the City Council. He noted that he did not think that the City Council would have the expertise or the qualifications to properly review them, noting that there might not be the right skill set on the Council. • Councillor Lovely noted that it was getting late and suggested that the public hearing be continued to a future meeting since the Planning Board has a scheduled meeting at 7:00 p.m. this evening. There being no further questions or comments regarding this matter this evening a motion was made by Councillor Sosnowski to continue the public hearing, seconded by Councillor Furey and approved. The meeting was adjourned at 6:50 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Planning Board PB/Council 091505 • 2 �v 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 15, 2005, at 7:00 PM in Room 313,Third Floor at 120 Washington Street. b�Zee- V -7do..K .27TAh Walter B. Power, III Chairman Reminder: 6:00 p.m. –Joint Public Hearing with City Council - Municipal and Religious Properties Reuse Development District. 1. Continuation of Public Hearing—Form C–Definitive Subdivision, Cluster Residential Development,Wetland Special Permit—Request For Continuation to Sept. 29, 2005 - 57 Marlborough Road—Osborne Hills Realty Trust . 2. Form A Application For Endorsement of Plan Believed Not to Require Approval- 319 Highland Avenue—Loyal Order of Moose, Inc., Salem Lodge No.218—Attorney Joseph C. Correnti 3. Form A Application For Endorsement of Plan Believed Not to Require Approval — 430-436 Essex Street—Charles River Properties–Wayne Scott, Broker. 4. Form A Application For Endorsement of Plan Believed Not to Require Approval - Request For Extension of Final Action to Oct. 24, 2005–7 Mall Street–Lot Split 5. Continuation of Public Hearing—Site Plan Review–Request For Continuation to Sept. 29, 2005-50 Palmer Street—Salem Harbor CDC–Madeline Nash, CDC Director of Real Estate Development; Attorney William Quinn, Tinti, Quinn, Grover&Frey. 6. Continuation of Public Hearing—Site Plan Review-276 Highland Avenue— Centercorp Retail Properties & Citizens Bank– Andrew Rose, Manager; Attorney George W. Atkins, Ronan, Segal & Harrington. 7. Approval of Minutes • June 2, 2005 • • September 1, 2005 8. Old/New Business 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 . TEL: 978.745.9595 FAx: 978.740.0404 0 WWW.SALEM.COM Please Sign-In • Planning Board Meeting September, 2005 -IS Name Mailing Address Phone Email y� 7yy:,29y 1 • Salem Planning Board Minutes of Meeting Thursday, September 15, 2005 A regular meeting of the Salem Planning Board was held on Thursday, September 15, 2005 in the third floor conference room at 120 Washington Street, Salem, Massachusetts at 7:00 p.m. Those present were: Walter Power, Paul Durand, John Moustakis , Christine Sullivan, Gene Collins, Tim Ready and Chuck Puleo. Also present were City Planner Lynne Duncan, Staff Planner Dan Merhalski, and Eileen Sacco, Clerk. Members Absent: Pam Lombardini and David Weiner Continuation of Public Hearing - Form C Definitive Subdivision - Cluster Residential Subdivision - Wetland Special Permit - Request for Continuation to September 29 2005 Walter Power read a letter from Atty. Brian McGrail requesting that the matter be continue to September 29, 2005. John Moustakis moved to continue the public hearing to September 29, 2005, seconded by Christine Sullivan and approved (7-0) Form A - Application for Endorsement of Plan Believed Not to Require Approval - 319 Highland Avenue - Loyal Order of Moose. Inc - Salem Lodge 218 • Atty. Joseph Correnti addressed the Board and explained the Form A. He explained that the Moose Lodge property is the site for the new proposed Irving Oil site and North Shore Bank Branch. Atty. Correnti noted that the proposed Form A clarifies the boundary lines due to several takings of portions of the property over the years by Mass Highway and the City. He explained that those takings resulted in slight discrepancies in the boundary lines and they have been working with land court engineers to resolve them. He noted that this plan is the result of the recommendation by the land court engineers and redefines the boundaries. Gene Collins asked if this change in the boundaries would affect the lane changes that were talked about during the approval process for the project. Atty. Correnti stated that these changes to the boundaries will make those lane changes possible. There being no further questions or comments regarding this matter a motion was made by Gene Collins to approve the Form A Application for Endorsement of Plan Believed Not to Require Approval - 319 Highland Avenue - Loyal Order of Moose, Inc. - Salem Lodge 218, seconded by Paul Durand and approved (7-0). Form A - Application for Endorsement of Plan Believed Not to Require Approval - 430-436 Highland Avenue - Charles River Properties Christine Sullivan recused herself from discussion of this matter. • Scott Petrowicz addressed the Board and explained that the original lot was divided off two years ago. He explained that through this process they are combining them again. 1 • John Moustakis noted that he was not present at the meeting when the project was approved and expressed his concerns about the proposed parking plans for the site. There being no further questions or comments regarding this matter a motion was made by Gene Collins to approve the Form A Application for Endorsement of Plan Believed Not to Require Approval - 430-436 Highland Avenue - Charles River Properties, seconded by Paul Durand and approved. Christine Sullivan returned to the meeting at this time. Form A - Application for Endorsement of Plan Believed Not to Require Approval - 7 Mall Street - Lot Split - Request for Extension of Final Action to October 24, 2005 Walter Power explained that both lots are non conforming and they have to get a Waiver From Frontage before the Form A is approved. In order for the Form A Application to be approved, the request for a Waiver of Frontage must first be approved, and there is not enough time in the current period for this to occur. He noted that if the Board extends this to September 29, 2005 the 21 day period for the Form A will be up. He recommended that the Board deny the request for the Form A at this time and the applicant can file for it again when they have the Waiver from Frontage. There being no further questions or comments regarding this matter a motion was made by John Moustakis to deny the Form A for 7 Mall Street, seconded by Christine Sullivan and approved. • Continuation of Public Hearing - Site Plan Review - Salem Harbor CDC - 50 Palmer Street - Request for Continuation to September 29 2005 Walter Power read a letter from the Atty. William Quinn requesting that the matter be continued to September 29, 2005. Tim Ready moved to continue the public hearing for Site Plan Review - Salem Harbor CDC - 50 Palmer Street - Request for Continuation to September 29, 2005, seconded by Gene Collins and approved (7-0). Continuation of Public Hearing - Site Plan Review - 276 Highland Avenue - Centercoro Retail Properties and Citizens Bank Walter Power read a letter from Atty. George Atkins requesting that the applicant be allowed to withdraw the application without prejudice as their request for a variance was denied by the Salem Board of Appeal. Gene Collins moved to allow Centercorp Retail Properties and Citizens Bank to withdraw the application for Site Plan Review without prejudice, seconded by Chuck Puleo and approved (7-0). Approval of Minutes The minutes of the Planning Board meeting held on June 2, 2005 were presented for approval. John Moustakis moved approval, seconded by Paul Durand and approved (7-0). • 2 • The minutes of the Planning Board meeting held on September 1, 2005 were presented for approval. Gene Collins moved approval, seconded by Tim Ready and approved (7-0). Old New Business John Moustakis informed the Board that he intends to ask Osborne Hills Realty Trust for a mitigation package to help with the redesign of the intersection of Highland Avenue and Marlborough Road. He also noted that the Board should ask the same of all developers in that area. Paul Durand recalled that the developer offered to provide a design to be used as a tool by the city to take to the state for that intersection. He noted that we need to be clear on what we are looking for noting that survey work etc. may be required for work of this scope. Lynn Duncan explained the process for Mass Highway projects and noted that it would be the city initiating the project and the city will have to fund it and there is no money at this time for the redesign of that intersection. Christine Sullivan stated that she feels that there is a crisis on Highland Avenue and it is a political problem and suggested that the Board contact the State Representative, Congressman and City Councillors and demand action. • 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 Paul Durand and approved. The meeting was adjourned at 8:15 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Planning Board PB091505 • 3 OF ea CITY OF SALEM CI CLERK'SALE PLANNING BOARD Form.A - Decision Serafini, Serafini, Darling& Correnti,LLP Joseph C. Correnti, Esq. 63 Federal Street Salem, MA 01970 Dear Ms. LaPointe: The Salem Planning Board voted on September 15, 2005 to endorse "Approval Under Subdivision Control Law Not Required"on the following described plan: • 1. Applicant: Loyal Order of Moose, Inc., Salem Lodge No. 218,319 Highland Avenue, Salem, MA 01970 2. Location: These parcels are located at 319 Highland Avenue, assessors map 8, parcel 145, including: Lot 675 on Land Court Plan 11802-33, Cert,No. 44569, Lot 504 on Land Court Plan 11802-D, Cert, No. 29365, Lot 505 on Land Court Plan 11802-D, Cert, No. 29365, Lot 506 on Land Court Plan 11802-D, Cert, No. 29365, and Lot 507-A on Land Court Plan 11802-M, Cert,No. 29365. 3. Project Description: This Form A Combines the above listed Land Court Lots into one continuous parcel. Sincerely, V4&0-L !J.�aecas+ T1L�d Walter B. Power, III Chairman Cc: Cheryl LaPointe • 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 . WWW.SALEM.COM • CITY OF SALEM PLANNING BOARD Form A — Decision C^ M N CA N D or 3s Wayne Scott �n n 140 Humphrey Street o y Swampscott, MA 01907 cr Dear Mr. Scott: The Salem Planning Board voted on September 15, 2005 to endorse "Approval Under Subdivision Control Law Not Required"on the following described plan: 1. Applicant: Wayne Scott, Charles River Properties, 140 Humphrey Street., Swampscott, • MA 01907 2. Location: These parcels are located at 430-436 Essex Street, assessors map 25, parcel 30. 3. Project Description: This Foran A combines the two lots into one contiguous lot with an area of 24,418 sq. ft. Sincerely, W4141 7d_ 4411-IL 47 �p Walter B. Power, III Chairman Cc: Cheryl LaPointe Cc: Scott Patrowicz • 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 0 WWW.SALEM.COM CITY OF SALEM CITY CLERKSAOFfICE A PLANNING BOARD 1115 SFP 20 A 8: 4b Form A — Decision Sally J. Calhoun, Atty. One Essex Green Drive Peabody, MA 01960 Dear Ms. Calhoun: The Salem Planning Board voted on September 15, 2005 by a vote of five in favor and one opposed to deny"Approval Under Subdivision Control Law Not Required" on the basis that the resulting lots would not meet the minimum frontage requirement of 100 feet for the R-2 (Two- Family Residential) Zoning District, on the following described plan: • 1. Applicant: Wendi Goldsmith, 7 Mall Street, Salem, MA 01970 2. Location: These parcels are located at 430-436 Essex Street, assessors map 35, parcel 131. 3. Project Description: This Form A requested to divide a portion of 7 Mall Street with an area of approx. 113 sq. ft., and combine said portion with abutting 9 Mall Street, for an undisclosed purchase price. Sincerely, Walter B. Power, III Chairman Cc: Cheryl LaPointe • 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 . TEL: 978.745.9595 FAx: 978.740.0404 . WWW.SALEM.CONI -11 CITY OF SALEM Iiffa ,,� PLANNING BOARD September 22, 2005 _® cn Centercorp Retail Properties &Citizens Bank H C) C/o George W. Atkins,III, Esquire Ronan, Segal & Harrington rNv -N 59 Federal Street or- Salem, MA 01970 "3 4n c� ^}3 Dear Mr. Atkins: Cr D On September 15, 2005, the Salem Planning Board voted by a vote of six (6) in favor(Power, Durand, Moustakis, Collins, Sullivan, Ready), none opposed, to accept your request for withdrawal of Special Permit for Site Plan Review, without prejudice, for the property at 276 Highland Avenue, Salem, MA 01970, and as requested by your office in a letter dated September • 15, 2005. Sincerely, Walter B. Power, III Chairman Cc: Cheryl LaPointe 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 .TEL: 978.745.9595 FAX: 978.740.0404 0 WWW.SALEM.COM �� � , � . . . -���► lam`- 1:Q��. • NOW • • PAWFAFIM 1W • • , r• i MEMO d►lf�//1./: AN MA / t MOWf � 1 Please Sign-In • Planning Board Meeting September 1, 2005 Name Mailing Address Phone Email 02021 Cq7 awO rs aol.w y/ ,Wi A4 T VYl 4 32 UtLLia &W6 /k,-fis RECEIVED SEP 0 8 2005 • Salem Planning Board Minutes of Meeting DEPT. OF PLANNING& Thursday, September 1, 2005 COMMUNITY DEVELOPMENT A regular meeting of the Salem Planning Board was held on Thursday, September 1, 2005 in the third floor conference room at 120 Washington Street, Salem, Massachusetts at 7:00 p.m. Those present were: Walter Power, Paul Durand, Pam Lombardini, David Weiner, Christine Sullivan, Gene Collins, Tim Ready and Chuck Puleo. Also present were City Planner Lynn Duncan, and Eileen Sacco, Clerk. Members Absent: John Moustakis Recommendation to the Salem City Council on the North River Canal Corridor Neighborhood Mixed Use District Lynn Duncan addressed the Board and explained that a joint public hearing was re- opened on August 16, 2005 with the Salem City Council and the Salem Planning Board regarding this matter. She noted that the Board has 21 days from the close of the hearing to give a recommendation to the City Council. She also noted that this is not a formal public hearing and therefore public comment is not usual but that the Board may entertain some comments from the public if they so choose. Ms. Duncan distributed copies of the revised North River Canal Corridor • Neighborhood Mixed Use District Plan. She explained that her recommendation to the Board is to approve the ordinance as drafted and recommend revisions to the City Council for discussion. Paul Durand stated that he likes the proposed changes, however as an architect he has some experience in trying to come up with a project in keeping with the spirit of an ordinance and he feels that the density requirement as proposed is too strict. He noted that there are many types and sizes of parcels to consider. He cited the Flynn Tan property on Boston Street as an example, noting that it is a site that would be expensive to redevelop because of the cost of the clean up. He stated that the development proforma needs to be considered relative to density. He further noted that he feels that the intent of the ordinance is good, but the allowable density may be problematic and suggested that someone with knowledge of the supply side of the issue should be involved in this. He suggested that the City Council engage in a further review of section 7-20 (1). Chuck Puleo noted that the minimum lot requirement is 15,000 s.f. and questioned if there are other lots that are 15,000 s.f. in the area. Lynn Duncan stated that she did not know off hand. Chuck Puleo noted that the Flynn Tan site and 28 Goodhue Street are sizeable properties. Rita Markunas addressed the Board and noted that she chaired the NRCC committee. She explained that it was the intent of the committee to ensure quality of life with regard to density. She noted that there are a lot of brownfield sites and the regulations do not allow for residential development on those sites. She stressed • that the intent was always to maintain the quality of life for the existing neighborhoods. 1 • Christine Sullivan praised the Committee for a thoughtful, articulate, and balanced document. She cautioned that there may be issues that have unintended consequences. Walter Power noted that in hindsight, the Planning Board should have had a special meeting to review this. Rita Markunas suggested that in light of the short amount of time, the Planning Board should consider holding a special meeting on September 8`". Lynn Duncan suggested that a special meeting would still limit the time for the Board to consider this proposed rezoning and noted that she is not sure that the issues could be resolved in a week. She suggested that if people have concerns should attend the City Council Committee meetings on the rezoning. Gene Collins addressed the Board and stated that he felt that the area for the district is much too large and should not go beyond North Street. He noted that most of Mason Street is residential. Walter Power stated that he has an issue with the Webb Plumbing building. He noted that he attended several meetings of the NRCC and he feels that this is a great document and a great example of how a community can participate. He noted that the Webb building stands alone and his reading of the document indicates that nothing could be built in the district unless it is a two family. He suggested that this site would be a great site for multi-family units as it has access to the train and the court and he did not feel that it would serve the city well to prevent that. He noted • that the Board has been careful in the past to design projects in that area that include plenty of landscaping treatments etc. to address conflicts with the neighbors. He also noted that this building is down hill from Federal Street and any developer for the site would have to work with the neighbors. He stated that he would like the Board and the Council to consider the right zoning for that parcel. He also noted that it is more a part of the downtown and that overall area. If the building were torn down the City would lose quite a piece of history. Jim Treadwell addressed the Board and noted that the committee was trying to encourage artist workspace type developments. He also noted that the intent of the committee with regards to the Webb building was to include the building next to it as well. He also noted that the committee was concerned about parking. Mr. Treadwell also noted that density standard is according to existing zoning for multi family housing. He also noted that Mason Street was rezoned to R2 and that is being recommended for the south side of Mason Street, and that would encourage a good quality mixed use development. Charlie Ferris of Franklin Street addressed the Board and noted that there is no density bonus in the plan for Franklin Street. He questioned if the Planning Board members received both documents, the Neighborhood Master Plan and the zoning ordinance regarding this. Several members stated that they did not have both documents. Lynn Duncan explained that the Planning Board role is to make a recommendation to the City Council on the zoning ordinance itself. She stated that she would get copies of the Neighborhood Master Plan completed in 2003 for the • members who do not have one. 2 • Gene Collins expressed concern that the master plan and what is being proposed are two different things. Ms. Markunas addressed the Board and explained that the Committee took into consideration all of the properties in the area that need attention. Gene Collins stated that he is opposed to spot zoning. Walter Power read a letter from Attorney Liacos regarding property located at 53 Grove Street and noted that he is concerned about the grandfathering of the property and the potential loss of the use if the property is vacant for two years. He stated that it would be a hardship and this needs to be thought about. Lynn Duncan, City Planner, explained that existing property owners and uses are grandfathered as long as they are in use. She noted that if the use is abandoned after two years they lose that protection by state statute. Patricia Donahue addressed the Board and stated that an industrial or commercial building that is not rented for two years creates a negative impact on the neighborhood. She also stated that the Committee had a mandate to look at the entire area to work out the district and they created a connection to the district. She noted that Franklin Street is a combination of residential and commercial and they are concerned with what is appropriate for the neighborhoods. Paul Durand referred to the density of the JPI site and explained that the build out there is 24 units per acre. He noted that under this plan that development would have been 13 units per acre. Tim Ready noted that there seems to be three issues that are of concern to some • members of the Board that need resolution before a recommendation can be made to the City Council. He suggested that they be outlined for subsequent consideration as the Council deliberates on the matter. He also suggested that the Planning Board participate in those discussions. Paul Durand stated that he felt that the density bonus language is terrific and will help with the basic requirement for density for a larger project. Lynn Duncan explained that the Planning Board makes a recommendation to the City Council and the Council will then deliberate on it further. She noted that Councillor Bencal has stated that he intends to have a meeting of the Committee of the Whole on this proposed rezoning and noted that when the Planning Board makes its recommendation to the Council the formal role of the Planning Board ends. Sally Buyers of Franklin Street addressed the Board and stated that she has owned her property for 20 years and over the years she has brought developers in and has had little success. She stated that she feels that this is spot zoning and it is illegal. Walter Power suggested that Ms. Buyers address her concerns to the City Council. Patricia Donahue addressed the Board and stated that she has been a life long resident of the city and her participation in this process was because she wanted the best for Salem. She stated that she feels that the problem with density is that it is too much for Salem. Paul Durand noted that he understands the intent of the NRCC mixed use, and noted • that he would urge the City Council to review the issue of density to assure the quality of life, noting that it can be obtained by smart growth. He further noted that he feels that the expertise of an Attorney and a Financial Consultant are necessary in 3 l • this process. He also noted that without a review of the density the intent would not be carried out. Christine Sullivan stated that she is struggling to be clear on this with such a short period of time to act on this. She suggested that the city should take a longer time to get some expert opinions. She also stated that she would like to vote on the issues separately. Paul Durand made a motion that the Planning Board recommend approval of the proposed North River Canal Corridor Mixed Use Ordinance subject to further study and expert guidance on Section 7-20 (L) Density Regulations and Boundaries of the proposed district; seconded by David Weiner and approved (7-1) with Gene Collins opposed. Continuation of Public Hearin - Site Plan Review - Salem Harbor CDC - 50 Palmer Street Atty. Bill Quinn addressed the Board and noted that a site visit was held this evening. He introduced Madeline Nash to address any issues that the Board may have. Madeline Nash addressed the Board and noted that this is the third meeting held for this project. She reviewed the process that they have used to develop this project. She noted that the design will strengthen the streetscape along Congress Street and • afford people already living in the area to participate in the lottery to select buyers. She also noted that they have received positive support from the neighbors. Lynn Duncan noted that there are unresolved issues and that revised plans need to be prepared. She noted that Ward One Councillor Lucy Corchardo submitted a letter in support of the project. noting the issues of fire access on Naumkeag Street and parking issues. Ms. Duncan also noted that the Fire Department is recommending no parking on either side of Naumkeag Street and the neighbors are not opposed. Councilor Corchado has agreed to bring the no parking issue before the City Council for adoption. Walter Power read a letter from the Fire Department regarding the parking and fire access issues. He noted that the concerns are 1. that no parking be allowed on either side of Naumkeag Street, corner to corner to allow turning access for the fire trucks 2. the telephone pole is kicking out into the street and needs to be straightened. 3. A fire hydrant needs to be added to the plan. Lynn Duncan stated that if the project were to be approved, City Council approval of a "no parking zone" could be incorporated as a condition. Ms. Duncan also noted that suitable snow storage on the site is a concern. Madeline Nash located the proposed area on the plan. Atty. Quinn stated that they would accept a condition with suitable language regarding snow storage. • Ms. Duncan also noted that the stormwater management plan needs to be stamped by a licensed PE. Madeline Nash stated that they have plans to submit to Joe Nerdon in the Engineering Department. 4 • Madeline Nash addressed the issue of the condition of the sidewalks. She stated that they would do whatever they could not to further damage them, and noted that they have no money to rebuild sidewalks. She explained that they are at the maximum that they can afford for this project on their funding sources and are on a shoestring budget. Gene Collins noted that the condition of the existing sidewalks is poor. Walter Power noted that the Board always insists on new sidewalks for projects and he understands their situation. He suggested that he would like a commitment from them that they will go to the city and see if they can get the area on the list for the sidewalk improvement program done by the city. Christine Sullivan suggested that they should ask the contractor for the project to donate the sidewalks. Madeline Nash stated that they would be negotiating a lot with the contractor for this project noting there is not a lot of"fluff" in this project. David Weiner suggested that they should get a commitment from the City Engineer to provide the sidewalks. Lynn Duncan noted that the Board cannot make a commitment on behalf of the city to reconstruct the sidewalks. She noted that it might be possible to get funding through next year's Community Development Block Grant. Christine Sullivan noted that there is community reinvesting for banks and suggested • that they should look into that as well. Gene Collins expressed his concerns about the Planning Board conditioning a project with a no parking stipulation, noting that they have made conditions on other projects and the City Council did not approve the suggestions. He also noted that it is beyond the purview of the Board. There being no further questions or comments regarding this matter a motion was made by Gene Collins to continue the public hearing to September 15, 2005, seconded by Paul Durand and approved (8-0). Continuation of Public Hearing - Site Plan Review - 276 Highland Avenue - Centercorp Retail Properties and Citizens Bank Walter Power read a letter from the applicant requesting that the matter be continued to September 15, 2005. Christine Sullivan moved to continue the public hearing for 276 Highland Avenue - Centercorp Retail Properties and Citizens Bank, seconded by Chuck Puleo and approved (8-0). Public Hearing Wireless Communications Facility Special Permit - 448 Rear Highland Avene - Bell Atlantic of Massachusetts Cora Ltd D/b/a Verizon Wireless Atty. Carl Gehring addressed the Board and explained the plans for the installation of additional antenna units on existing towers on the Camp Lion Property. He explained that they are not increasing the height of the existing towers and reviewed the • location on the site plan. 5 • Lynn Duncan stated that she felt that the plan is straightforward and noted that they are really only placing one antenna between two others. Walter Power opened the hearing up for public comment at this time. There was no one present who wished to comment on the matter. There being no further questions or comments regarding this matter, a motion was made by Gene Collins to approve the special permit application plan for Wireless Communications Facility Special Permit - 448 Rear Highland Avene - Bell Atlantic of Massachusetts Corp., Ltd. D/b/a Verizon Wireless, seconded by Pam Lombardini and approved (8-0). AAporoval of Minutes The minutes of the Planning Board meeting held on May 6, 2004 were presented for approval. Pam Lombardini moved approval, seconded by Chuck Puleo and approved (8-0). The minutes of the Planning Board meeting held on June 3, 2004 were presented for approval. There was one amendment. Chuck Puleo moved approval as amended, seconded by Paul Durand and approved (8-0). The minutes of the Planning Board meeting held on July 15, 2004 were presented for approval. David Weiner moved approval, seconded by Christine Sullivan and approved (8-0). • Old New Business Lynn Duncan informed the Board that the Planning Department has received notification of the submittal of the Notice of License Application pursuant to MGL Chapter 91 for Massachusetts Electric Company and for the City of Salem MA for the water main improvements on Loring Avenue. Continuation of Public Hearing - Site Plan Review - Charles River Properties - 430- 436 Essex Street Christine Sullivan and Pam Lombardini recused themselves from discussion of this matter. Scott Petrovicz addressed the Board and noted that since the last meeting they have made changes to the plans. He explained that the fire access issue has been resolved to include a fire lane through an easement with the property owner next door. He noted that they would be grading to take care of drainage as well. He also explained that they have located a snow storage area in the rear of the property, and they have removed a proposed wall and have agreed to install a fence similar to the one constructed at CVS as well as continue the lighting style used at CVS to keep the continuity of the streetscape. Walter Power noted that the Board insisted on no left turn out of the CVS parking lot and noted that their property would exacerbate the situation, noting that there would . be a constant cue trying to cross over and go right. The owner of the property stated that he would have no problem with a right turn only. 6 • Chuck Puleo noted that they are providing 1-1/2 parking spaces for each unit for a total of 20 parking spaces. He questioned how they are going to make sure that the people in the front building don't use-the spaces. Mr. Petrovicz stated that they would deed spaces and designate them for the units. The Board reviewed the landscaping plan for the project. Walter Power opened the hearing up for public comment at this time. Ron Czarnecki of 14 Highland Avenue addressed the Board and expressed his concern about the location of the proposed dumpster. He also noted that he is concerned about wildlife and the possibility of rodents from the dumpster. He requested that they move the location of the dumpster to the back of the property. Charles Jellison of Highland Avenue addressed the Board and expressed his concerns about drainage on his property. Scott Petrovicz noted that they have looked at Mr. Jellison's property and they are proposing to pick up the grade and carry it though and bring Mr. Jellison's drainage to the site and drain it through the site. There being no further questions of comments regarding this matter a motion was made by David Weiner to close the public hearing, seconded by Paul Durand and approved (6-0). Lynn Duncan reviewed a draft decision with the Planning Board. • David Weiner moved to approve the draft decision as amended for Site Plan Review, - Charles River Properties - 430-436 Essex Street, seconded by Paul Durand and approved (6-0). The decision is hereby attached and made a part of these Minutes. Old/New Business 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 Paul Durand and approved. The meeting was adjourned at 10:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Planning Board PB090105 7 CITY OF SALE41 Y C-E: SALEM. MA • CLERK'S 0010E • DEPARTMENT OF PLANNING AND COMMUNITY DE V E LWARItoQ -A 11: 39 STANLEY J. USOVICZ,JR. MAYOR 120 WAST IINGTJN STRL'1'3 •SALIM,MAS,\uIUiInTTs 01970 LYNN GOONIN DUNCAN,AICP TEL:978-745-9595•FAX:978-740-0404 DIRECTOR Decision On The Special Permit Petition of Verizon Wireless For Co-Location of Antennas on The Property Located At 488 Highland Avenue A Public Hearing on this petition was held on September 1, 2005. Notice of this meeting was sent to abutters and notice of the hearing was properly published in the Salem Evening News. The petitioner is requesting a Wireless Communication Facility Special Permit under Section 5- 3, Special Permit Uses,of the City of Salem Zoning Ordinance, to allow the installation of up to twelve (12) antennas, and an 11.5'x 30' accessory equipment container at the base of the tower located at 488 Highland Avenue, Salem, MA. The Planning Board reviewed the application and plans submitted and found that the petitioner • addressed the requirements of this section for the issuance of a Special Permit. On September 1, 2005, the Board closed the Public Hearing and voted by a vote of eight(8)in favor(Power, Collins, Puleo, Lombardini,Sullivan,Durand, Weiner,Ready), none opposed, to grant the Wireless Communication Facility Special Permit for the location stated above, in accordance with the applications (dated July 1, 2005) and site plan dated April 5, 2005 and revised April 20, 2005, titled "Lynn III, Salem, Massachusetts, Verizon Wireless," sheets T-1, C-1, C-1, C-2, A-1, and drawn by Bergman and Associates, Inc., submitted and now part of the file. This.endorsement shall not take effect until a copy of the decision bearing certification of the City Clerk that twenty (20) days have elapsed and no appeal has been filed or that if such appeal has been filed that it has been dismissed or denied, is recorded in the Essex South Registry of Deeds and is indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for recording or registering shall be paid by the owner or applicant. I hereby certify that a copy of this decision is on file with the City Clerk and that a copy of the decision and plans is on file with the Planning Board. w y� • Walter B. Power, III Chairman 1.• `C1TY`Of` 5 ALEM. MA CITY OF SALEM CLERK'S PLANNING BOARD :1005 SEP 12 P 3: 03 DECISION September 12, 2005 Charles River Properties C/o Scott Patrowicz 10 Derby Square,4°i floor Salem, MA 01970 RE: 430-436 Essex Street, Chestnut Square Site Plan Review Special Permit At a regularly scheduled meeting of the Planning Board of the City of Salem held on September 1, 2005,the Board voted to approve with conditions and by a vote of six (6) in favor and none opposed, the Site Plan Review application of Charles River Properties for the project at 430-436 Essex Street, also know as Chestnut Square, for demolition of the existing two-story garage and the construction of a new 4,200 square-foot building with twelve(12) new residential units. The • Public Hearing was opened on July 7, 2005, continued on July 21, 2005,and closed on September 1, 2005. The approval is subject to the following conditions: 1. Conformance with the Plan Work shall conform with the plans entitled, "Site Plan for Chestnut Square, 12 New Residential Units at#430-436 Essex Street, Salem,Mass.,"prepared by Patrowicz Land Development Engineering, 10 Derby Square, Salem,MA 01970,dated July 7,2005 and revised July 20,2005, including pages 1-6; and the elevations entitled, "Front Elevation (A-4),Right Elevation (A-5), Rear Elevation(A-6),Left Elevation (A-7),"prepared by CAS Partners, 37 Water Street, Wakefield, Mass 01880, dated June 13, 2005. 2. Amendments Any amendments to the site plan shall be reviewed by the City Planner and if deemed substantial by the City Planner, shall be brought to the Planning Board for a vote. Any waiver of conditions contained within shall require the approval of the Planning Board. 3. Landscaping a. Any proposed landscaping shall be done in accordance with the approved set of plans. • b. The applicant shall coordinate with the City of Salem Cemetery& Shade Tree Department for the selection of street trees. The selection and placement of street trees shall be reviewed and approved by the Department of Planning& Community 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 . TEL: 978.745.9595 FAX: 978.740.0404 0 WWW.SALEM.COM ' J • Development prior to installation.The final landscaping plan shall be approved by the City Planner prior to the issuance of a building permit. 4. HVAC If an HVAC unit is located on the roof or site, it shall be visually screened. The method for screening the unit shall be submitted to the City Planner for review and approval prior to installation. 5. Easement on Abutting Parcel The applicant shall obtain an easement from the abutting landowner(Map 25, Lot 19)to allow emergency access to the proposed building, grading and snow storage on the abutting land. The agreement shall be submitted to the DPCD; determined to be satisfactory; and recorded at the Registry of Deeds prior to the issuance of a building permit. Grading plan to be submitted to DPCD and the City Engineer for approval prior to any work and the issuance of a building permit 6. Essex Street Wall The existing stone and masonry retaining wall on Essex Sheet shall be removed. The area shall be regraded and the applicant shall install a four-foot fence inside the property line. The fence to be a continuation of the same type of fence as at CVS. The applicant shall extend the city concrete sidewalk to the property line. The location and specifications for the fence shall be submitted to the DPCD for review and approval prior • to the issuance of a building permit. The specifications for the city concrete sidewalk shall be submitted to the Office of the City Engineer and the DPCD for review and approval prior to the issuance of a building permit. 7. Dumpster The dumpster to be relocated to the other side of the property and screened. Revised plans showing the new location of the dumpster and the proposed screening to be submitted to DPCD for approval and determined satisfactory prior to issuance of a building permit. 8. Right Turn Only Right turns only are allowed from the site and the applicant to install a right turn only sign and pavement marking at the end of the driveway. 9. Stockade Fence A stockade fence to be constructed on the property line with 14 Highland Avenue subject to the approval of the abutter N/F Ronald Czarnecki. Revised plans to be submitted to DPCD for approval showing location and type of fencing, and fence to be constructed prior to issuance of certificate of occupancy. 10. Fire Lane The applicant shall install pavers in the fire lane that are rated to support a fire truck. The specifications for the pavers shall be submitted to the DPCD and Fire Prevention for • review and approval prior to the issuance of a building permit. 11. Master Boa The applicant shall install a fire Master box on the building. 2 • 12. Sewer a. The applicant shall locate and inspect the existing sewer service with CCTV. The results shall be submitted to the DPCD and the Office of the City Engineer for review and approval. Additional improvements may be required depending on the condition of the utilities. b. The old sewer service, if abandoned, shall be cut and capped at the City's main. 13. Noise Following occupancy of the building, if the Department of Planning& Community Development receives any complaints conceming noise emanating from the air conditioner units,the applicant shall be required to show that the decibel level is no higher than the pre-development level and if not, shall submit a plan for review and approval by the City Planner to make any improvements necessary. 14. Form A Plan combining the two lots to be submitted for Planning Board endorsement prior to issuance of the building permit. 15. Signage All proposed signage shall be reviewed and approved by the City Planner prior to the issuance of a sign permit. • 16. Lighting a.No light shall cast a glare onto adjacent parcels or adjacent rights of way. b. The applicant shall install four light fixtures consistent with the light fixtures on the adjacent CVS property that will be owned and maintained by the Condominium Association. The final location of the lights shall be reviewed and approved by the Department of Planning&Community Development prior to the issuance of a building permit c.A final lighting plan shall be submitted to the City Planner and the City Electrician for review and approval prior to the issuance of a building permit. d. After installation, lighting shall be reviewed by the City Planner and the City Electrician prior to the issuance of a Certificate of Occupancy. 17. Construction Practices All construction shall be carried out in accordance with the following conditions: a. The operation of tools or equipment used in construction or demolition work shall occur in accordance with Salem Ordinance Section 22-2(5): Construction and Blasting • and between the hours of 8:00 AM and 5:00 PM on weekdays and Saturdays. No work shall take place on Sundays or holidays. The Planning Board will agree to changes in the starting time,at the request of the applicant and if approved by a formal vote of the City Council, as per the ordinance. 3 • b. Any blasting,rock crushing,jack hammering,hydraulic blasting, or pile driving shall occur in accordance with Salem Ordinance Section 22-2(5): Construction and Blasting and be limited to Monday-Friday between the hours of 8:00 AM and 5:00 PM. There shall be no blasting, rock crushing,jack hammering, hydraulic blasting, or pile driving on Saturdays, Sundays, or holidays. c. Blasting shall be undertaken in accordance with all local and state regulations. d. All reasonable action shall be taken to minimize the negative effects of construction on abutters. Advance notice shall be provided to all abutters in writing at least 72 hours prior to commencement of construction of the project. e. All construction vehicles and equipment shall be cleaned prior to leaving the site so that they do not leave dirt and/or debris on surrounding roadways as they exit the site. f. The applicant shall abide by any and all applicable rules,regulations and ordinances of the City of Salem. g. All construction vehicles and equipment left overnight at the site must be located completely on the site. • h.No Street shall be closed without prior approval of the Department of Planning and Community Development,unless deemed an emergency by the Salem Police Department. 18. Construction Traffic& Phasing a. All construction will occur on site; no construction will occur or be staged within City right of way. Any deviation from this shall be approved by the Department of Planning&Community Development prior to construction. b. A construction trafclphasing management plan and schedule shall be submitted to the Department of Planning&Community Development for review and approval prior to the issuance of a building permit. c. Any roadways, driveways,or sidewalks damaged during construction shall be restored to their original condition by the applicant. d. The applicant shall clean construction vehicles before they exit the construction site, and clean and sweep all streets affected by their construction truck traffic as necessary. 19. Clerk of the Works A Clerk of the Works shall be provided by the City, at the applicant, his successors or • assigns' expense,as is deemed necessary by the City Planner. 20. Board of Health All work shall comply with the requirements of the Salem Board of Health. 4 • 21. Salem Health Department All work shall comply with the requirements of the Salem Health De applicable. 22. Office of the City Engineer The applicant, his successors or assigns shall comply with all requir- Engineer. 23. Fire Department All work shall comply with the requirements of the Salem Fire Depa 24. Office of the Building Commissioner All work shall comply with the requirements of the office of the Sale Commissioner. 25. Utilities Any utility installation shall be reviewed and approved by the City Et issuance of a Building Permit. 26. Drainage a. The applicant shall submit(1)calculations for 10, 25 and 100— and(2)a capacity analysis of the proposed new storm pipe fio3 to the site, including peak flows from each of the above noted flow reductions from the proposed on-site infiltration chamber Office of the City Engineer. Present runoff from the embankn_ to Essex Street through the storm drain system. Drainage syste satisfactory by the City Engineer based on this information pri- of a building permit. b. The proposed stormwater system shall be privately owned and condominium association. This is to be so noted on the desig3 plans of record prior to the issuance of a building permit. 27. Maintenance a. Refuse removal, ground maintenance and snow removal shall be the the applicant,his successors or assigns. b. Winter snow in excess of snow storage areas on the site shall be ren applicant,his successor or assigns shall ensure that snow storage does emergency access from abutting parcel. c. Maintenance of any landscaping shall be the responsibility of the apo successors or assigns. The applicant, his successors or assigns, shall g • and shrubs for a two-year period. 28. As-built Plans As-built plans, stamped by a Registered Professional Engineer, shall bw 5 . Department of Planning and Community Development and Department of Public Works prior to the issuance of the final Certificate of Occupancy. 29. Violations Violations of any condition shall result in revocation of this permit by the Planning Board, unless the violation of such condition is waived by a majority vote of the Planning Board. I hereby certify that a copy of this decision has been filed with the City Clerk and copies are on file with the Planning Board. The Special Permit shall not take effect until a copy of this decision bearing the certification of the City Clerk that twenty(20)days have elapsed and no appeal has been filed, or that if such appeal has been filed, it has been dismissed or denied; is recorded in the Essex South Registry of Deeds and is indexed under the name of the owner of record as recorded on the owner's Certificate of Title. The owner or applicant,his successors or assigns, shall pay the fee for recording or registering. alter B Powef, III Chairman • • 6 i CIs' MA CLERK'S OFFICE Joint Public Hearing of • Salem Planning Board and Salem City Council .2.0.0.5 NOV 21 A 8: 41 Minutes of Meeting Thursday, August 18, 2005 A joint public hearing of the Salem Planning Board and the Salem City Council was held on Thursday, August 18, 2005 in the Salem City Council Chambers, 93 Washington Street, Salem, MA. 01970 at 7:00 p.m. The purpose of this hearing was to discuss the proposed zoning changes for the North River Canal Corridor. Planning Board Members present were: Walter Power, John Moustakis , Christine Sullivan, Gene Collins, Pam Lombardini, and Tim Ready. Also present were City Planner Lynne Duncan, Staff Planner Valerie Gingrich, and.Eileen Sacco, Clerk. Planning Board Members Absent: David Weiner, Chuck Puleo, and Paul Durand Salem City Councillors Present: Council President Mike Bencal, Councillor At Large Kevin Harvey, Councillor At Large Joan Lovely, Councillor At Large Tom Furey, Ward One Councillor Lucy Corchardo, Ward Two Councillor Michael Sosnowski, Ward Three Councillor Jean Pelletier, Ward Four Councillor Leonard O'Leary, Ward Five Councillor Matt Veno, Ward Seven Councillor Joe O'Keefe. Councillor Harvey moved to reopen the public hearing. • Councillor Bencal explained that this document is the result of many hours of work by the North River Canal Corridor Committee and thanked them for their hard work. Councillor Bencal opened the hearing up for public comment at this time. Jim Treadwell of Felt Street addressed the Council and noted that he was on the committee. He noted that the proposed ordinance will compliment the master plan and noted that it is the responsibility of the Planning Board to insure that any proposal in the area is consistent with the master plan and consistent with the zoning. He reviewed the plan and noted that it is not based on a certain knowledge as opposed to normal planning practice. He noted that knowledge of subsurface material and contaminants must be considered. He also noted that the area is in a flood plain and it has not been revised by the city since the 1980's. Mr. Treadwell also suggested that the Council and the Planning Board should determine if parking is adequate for projects. Mr. Treadwell noted that bonuses are proposed in the ordinance for historic preservation, artist lofts and open space or 1 extra unit and should be seriously considered when increasing density. A letter was read from Patricia Donahue of 12 Dearborn Street who was also a member of the committee. A letter was read from LTW Management Associates of 63 Grove Street. Lynne Duncan addressed the Council and gave an overview of the proposed planning • document. She noted that the process predated her term as City Planner but explained that the idea was to be in keeping with abutting neighborhoods and the 1 zoning was intended to create an urban village and be compatible with the • neighborhoods as well as to enhance the gateway to the Salem downtown. Walter Power introduced the members of the Planning Board present. He noted that he attended many of the meetings that were held as did other members of the Planning Board. He noted that Rita Marcounis the Chair of the Committee is away and unable to be here this evening. He also thanked her for her hard work and dedication to the committee. He noted that she made sure that everyone was heard and this is a document that is the product of input from many residents as well as the committee. Chairman Power was concerned that the Webb property was not correctly zoned to allow developers enough money to repair the building. Christine Sullivan addressed the Council and stated that she feels that the proposed zoning and the master plan will accomplish the work of the Committee. Mr. Ferris addressed the Council and stated that he feels that the proposed zoning is spot zoning and he is opposed to that. Cathy Ben of Franklin Street addressed the Council and stated that she is concerned about traffic in the neighborhood. She noted that she is particularly concerned about kids walking from Franklin Street to Mason Street. Gene Collins addressed the Council and stated that he has lived in the area and questioned why the corridor is extended beyond North Street. He stated that he is • concerned about turning the area into a commercial or industrial zone. He also noted that he is concerned about open space. Councillor O'Keefe asked what the current zoning on Franklin and Mason Street is. City Planner Lynne Duncan noted that it is B5. She also noted that the Building Department is responsible for enforcing zoning. Morton Imm addressed the Council and explained the intent of the NRCC when establishing the area for the plan. Councillor Veno addressed the Council and stated that he felt that it was an excellent process and he attended many of the meetings. He stated that he felt that it is incumbent on the City Council to give this a thorough review. Councillor Bencal explained the process that he intends to use for the review of this document. He stated that he intends to have a special meeting so that the City Council can give this proposal deliberate thought. Councillor O'Keefe asked if the proposal would go to the Committee on Licenses< Ordinances and Legal Affairs. Councillor Bencal explained that this would be reviewed by the City Council Committee of the Whole. Councillor O'Keefe noted that the flood plain issues need to be addressed and questioned who was going to study the water from Peabody that is going into the North River. • 2 • Councillor Sosnowski addressed the Council and stated that he would like to see more tax revenue realized from this proposal. He also noted that this is a prime example of what should be happening in all wards in the city. Councillor Harvey assumed the Chair of the Council President. Council President Mike Bencal addressed the Council and stated that echo's Councillor Sosnowski's comments. He noted that 1400 units of housing in that neighborhood would be devastating and we need a handle on what is going on there. He stated that we need to protect the community without sacrificing the people who are already there. He urged the councilors to study the document and have knowledge of it and stated that he would move the process along while allowing time for the members to digest the material. He also thanked the NRCC for all of the hard work they put into this document. He particularly thanked Rita Marcounis, the Chiar of the Committee. Councillor Lovely addressed the Council and thanked the Committee and noted that this was a great example of good government and neighborhood participation. She also stated that she agreed that this is a good model for other neighborhoods. Councillor Sargent addressed the council and thanked the Committee for their work. He stated that he would like to see the existing neighborhoods protected and referred to the development built on the IPI site and Bridge Street traffic. There being no further questions or comments regarding this matter a motion was made by Councillor Corchardo to close the public hearing, seconded by Councillor • Veno and approved. Councillor O'Keefe moved to refer the matter of the zoning change for the North River Canal Corridor to the Salem Planning Board for a recommendation, seconded by Councillor Sosnowski. Discussion: There was no additional discussion. City Clerk Cheryl LaPointe called the roll and the vote was as follows: Councillor Corchardo yes Councillor Sosnowski yes Councillor Pelletier yes Councillor Veno yes Councillor O'Keefe no Councillor Harvey yes Councillor Lovely yes Councillor Sargent yes Councillor Bencal yes The motion carried (8-1) with Councillor O'Keefe opposed. Councillor Harvey called for immediate reconsideration in the hopes that it will not prevail, seconded by Councillor O'Keefe. The motion failed. • 3 • There being no further business to come before the council and the Planning Board this evening a motion was made by Councillor Harvey to adjourn the meeting, seconded by Councillor O'Leary and approved (9-0). The meeting was adjourned at 7:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Planning Board PB/Council 081805 • • 4 • Salem Planning Board Minutes of Meeting Thursday, August 11, 2005 A special meeting of the Salem Planning Board was held on Thursday, August 11, 2005 in the third floor conference room at 120 Washington Street, Salem, Massachusetts at 7:00 p.m. r Those present were: Walter Power, Paul Durand, John Moustakis, Pam Lombardini, David Weiner, Christine Sullivan, Gene Collins and Chuck Puleo. Also present were City Planner Lynn Duncan, and Eileen Sacco, Clerk. Members Absent: Tim Ready Continuation of Public Hearing - Form C - Definitive Subdivision Cluster Residential Development. Wetland Special Permit - Osborne Hills Realty Trust - 57 Marlborough Road Atty. Brian McGrail addressed the Board and thanked the Planning Board for holding this special meeting. Atty. McGrail informed the Board that his client has authorized additional funding for the review of the traffic study in the amount of $1,400.00. He stated that he has contacted Mr. Abend and instructed him to provide the additional information to the Planning Board's traffic consultant. • Atty. McGrail noted that the density issue was brought up at the last meeting and they have addressed that by reducing the density. He explained that since the last meeting they have met with the City Planner and other city officials and they have reduced the number of units for the project. Bill Luster addressed the Board and noted that as they have moved through the public hearing process for this project they have had a number of suggestions that they are proposing to incorporate into their proposal. He noted that the suggestions come from numerous public meetings, the public hearings and their interaction with City of Salem department heads and team meetings held by the development team. He highlighted the following suggestions: Unit Reduction In Salem Mr. Luster explained that they propose to reduce the number of units in the cluster from 148-138. Increase Lot Sizes Mr. Luster explained that with the reduction of the density they will add the additional square footage to a number of lots rather than to increase the open space. He noted that this responds to a request made by several members of the community throughout the review process to increase lot size. Unit Reduction of the Peabody Parcel Mr. Luster also noted that they have analyzed the traffic impacts and assumed a • development of up to 70 new residential units on the Peabody parcel that exists on the western side of the development. He noted that in response to comments regarding the amount of traffic entering onto and off Marlborough Road they are 1 • offering to cap the number of units at this site at 35 rather than the 70 that was assumed in all of the traffic analysis to date. Elimination of Barcelona and Ravenna as Entry/Egress Mr. Luster explained that in response to the analysis done with the peer review funding provided by the developer, they have determined that the best traffic plan foregoes the use of Barcelona Avenue and Ravenna Avenue and utilizes only Marlborough Road. He noted that this will cause the construction of approximately 1000 linear feet of additional roadway without adding any density yield. Removal of Connection to Peabody Mr. Luster also explained that in response to concerns raised by the Planning Board the developer will eliminate any connection between the new cluster and the eastern Peabody land parcel. Boulevard Roadway Mr. Luster explained that in order to accommodate the road length that supports the cluster proposal the developer has agreed to construct a boulevard type roadway that will include two 16-foot roadways separated by an 8 foot planting strip. Left Hand Turn Lane Mr. Luster explained that the peer review consultant has opined that a left hand turn lane will be required to safely accommodate the passage of vehicles into the subdivision from Marlborough Road (westbound), and stated that the developer has agreed to construct this amenity, as long as all state and local approvals are granted • to allow construction. Sewer Capacity Study Mr. Luster noted that the city engineer has requested that the developer fund a portion of a sewer capacity study and the parties have agreed on an amount of $60,000 to be paid to the city upon approval of state and local permits. 5000 (Approximate) S.F. Lot for Prospective Convenience Store Mr. Luster noted that the developer had been asked to set aside a parcel within the development for potential use as small neighborhood convenience store. He noted that this is not an allowed use under existing zoning, however, the developer will set aside a parcel for use as a convenience store with all permitting to be accomplished by the City of Salem. Walter Power suggested that a location near the tot lot would be a good spot for this. Two Tot Lots Mr. Luster stated that the developer will construct two tot lots within the development. Trail System Mr. Luster explained that the developer has retained the services of Epsilon Associates to assist in the completion of the MEPA process. He noted that as part of Epsilon's product the developer will create a plan that keeps in place several of the existing trails, shows locations for new trails, and will link all trails to allow public passive enjoyment of the open space that is being created by the cluster • development. He further explained that the developer has agreed to deed all open space to the Salem Conservation Commission, if desired by the City. 2 • Open Space Dedicated to Conservation Commission Mr. Luster explained that the developer would agree to deed all open space to the Salem Conservation Commission. He noted that this has not been discussed with the Commission and their approval is required in order for this to take effect. Peer Reviews Mr. Luster also explained that the developer has agreed to peer reviews in the areas of traffic, water and sewer. He noted that such reviews are either complete or are now being completed. Walter Power opened the hearing up for comments from the Planning Board members. Christine Sullivan stated that she feels that the reduction in units is a good thing and noted that we need to make the open space portion of the project work. David Weiner noted the reduction of units on the Peabody side and asked for clarification on the plan. Bill Luster noted that there are two parcels on the Peabody side and located the area where they reduced the units on the plan. David Weiner also expressed concern about additional traffic from the possible convenience store. John Moustakis expressed concern about the open space. Lynn Duncan stated that how you access open space is an issue, and noted that we need to see the trail system and insure that there is continuity. She noted the areas on the plan that need to be looked at to improve the quality of the open space. • Bill Luster stated that they would look at that and see if they can reconfigure it if possible. Paul Durand suggested possible locations that could be looked at where changes could be made to improve the open space configuration. Seven lots were proposed to be eliminated to enhance the open space. Christine Sullivan noted that she walked the land at the site visit and it is a beautiful area, noting that a traditional subdivision plan would require a large amount of bull dozing. Paul Durand stated that he is disappointed that there is opposition to what he feels is a better plan that everyone would benefit from, noting that the developer has gone to great lengths to accommodate the requests of the Planning Board and the community. Gene Collins stated that he is concerned about lot size and privacy and stated that he would like to see a way that both could be accomplished. John Moustakis expressed concern that we are talking about reducing the size of the lots when the big issue is traffic. Paul Durand agreed and noted that traffic should be the next issue that the Board discusses. He noted that the design of the intersection is a concern as there are • other projects going on in the area as well. 3 • Lynn Duncan noted that less homes means less traffic and fewer vehicles. She also noted that Mass Highway has done significant studies on Highland Avenue and she will look into that for the next meeting. John Moustakis stated that he would like to revisit the design of the intersection of Highland Avenue and Marlborough Road noting that he is concerned that the traffic from the Peabody side will eventually come through Salem. Gene Collins agreed that traffic is a concern. Atty. McGrail noted that by right they can build 112 homes and with this cluster plan they are proposing 138. David Weiner stated that the number of houses makes no difference and noted that traffic is still going to be an issue. Walter Power noted that the entrance to McGrath Park is near the proposed location for the road into the development. It was noted that the distance between the two entrances would be about 40 feet. He suggested that the entrances should be wide enough for three cars and should be made to line up with the pedestrian light and crosswalk. Walter Power opened the hearing up for public comment at this time. Councillor At Large Joan Lovely addressed the Board and noted that Mass Highway plans for Highland Avenue are not new and she reviewed the 25% plans years ago. • She also noted that they are waiting for funding for that project and have not received it. Councillor Kevin Harvey addressed the Board and noted that he submitted a council resolution that was adopted by the City Council for the recommendation to the Planning Board that they take off from the table the idea of a cluster development for the DiBiase property known as Osborne Realty Trust. He also suggested that the Salem City Council should work with the Peabody City Council on this issue. He noted that the reduction in units on the Peabody side is good news and suggested that the Boards and Commissions in both cities work cooperatively to find a creative solution to this. In respect to a question from the audience Lynn Duncan clarified that if you include the homes on the "landlocked" Peabody parcel, the total units under the conventional scenario would be 182 homes, (112 plus 70) and under cluster, assuming 131 homes, the total would be 166 (131 plus 35 on the Peabody parcel with the deed restriction). Mike Kennedy of 4 Orleans Avenue addressed the Board and expressed his concerns about storm drainage from the project. Donald Massella of 37 Marlborough Road addressed the Board and expressed his concerns about traffic. Kim Driscoll of 16 Glenn Avenue addressed the Board and expressed her concerns • about the lack of mitigation proposed for the city, noting that the city is entitled to that. She suggested that the project should be looked at holistically noting that we 4 • should be looking at the number of units the city can maintain and the impact on city services and the schools etc. Bill Luster noted that they have not yet submitted a mitigation package to the city. Patricia LiBerti addressed the Board and expressed her concerns about the possibility of Lowe's Home Improvement Center opening down the street in Lynn and the additional traffic that will result from that. She stated that she is worried about the effects all of this will have on the quality of life in the area. Councillor Tom Furey addressed the Board and expressed his concerns about the impact of this project on the city. He stated that he agrees with Ms. Driscoll's suggestion that a holistic approach be taken to this. He noted that no matter how many units there are they are going to be creating two "dead man's curves." Councillor Arthur Sargent addressed the Board and expressed his concerns about the size of the lots and suggested that he would like to see more opportunity for upscale housing in Salem. Roger Leger of 64 Marlborough Road addressed the Board and expressed his opposition to the cluster development and suggested that the officials in Salem and Peabody should work together on this. Gene Collins addressed the Board and questioned if the Planning Board was expected to respond to the City Council Order regarding the cluster plan. • Christine Sullivan noted that by right the applicant can build 112 units on the Salem site. Councillor Harvey explained that his intent with the Council order was to insure the minimum possible impact on the area. Lynn Duncan explained that she is concerned that if the developer comes back with 112 units that we would lose the willingness of the developer to place the deed restriction that would reduce the units on the Peabody side from 70 to 35. Bill Luster explained that if this is a conventional plan they are not going to negotiate as if it were a cluster plan, and the deed restriction for the Peabody parcel would not be agreed to. He also noted that Barcelona Avenue is only off the table as an access to the subdivision if it is a cluster development. Gene Collins noted that this has been a long process and it seems that the Board has to decide which plan they are going to champion. Councillor O'Leary stated that he would like to see a meeting devoted to traffic issues noting that it is a big issue that needs a lot of discussion. Mrs. LiBerti addressed the Board and stated that she feels that the city will gain more with the cluster plan. • Atty. McGrail addressed the Board and stated that he has advised his client many times that he should move forward with a conventional plan by right and noted that 5 • his client has refused to do that and wants to work with the city cooperatively on this. Christine Sullivan stated that the Board should give the developer direction on this issue of conventional vs. cluster. Pam Lombardini agreed and made a motion to support the cluster plan of not more than 131 units, with a deed restriction for 35 units in Peabody, and that a modified plan shall be submitted and presented at the next meeting, seconded by Christine Sullivan and approved (7-1) with Gene Collins opposed. There being no further comments or questions regarding this matter a motion was made by Gene Collins to continue the public hearing to September 15, 2005, seconded by Christine Sullivan and approved (8-0). Old/New Business There was no old or new business this evening. 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 PB081105 • 6 � -CITY CLERK S SALEM, fFICEA • CITY OF SALEM t PLANNING BOARD ,1005, jut 19 P-0 00 Notice of Meeting You are hereby notified that the Salem Planning Board will hold its regular meeting on Thursday, July 21, 2005, at 7:00 PM in Room 313,Thud Floor at 120 Washington Street. Walter B. Power, III Chairman 1. Continuation of Public Hearing—Form C–Definitive Subdivision, Cluster Residential Development, Wetland Special Permit-57 Marlborough Road—Osbome Hills Realty Trust This item will be continued. Date to be determined at July 21, 2005 meeting. 2. Public Hearing—Amendment to Site Plan and Business Park Special Permit-440 • Highland Avenue—Wal-Mart Stores, Inc This item wig be continued to September 29, 2009.. 3. Continuation of Public Hearing—Site Plan Review-50 Palmer Street—Salem Harbor CDC 4. Continuation of Public Hearing—Site Plan Review-430-436 Essex Street—Charles River Properties 5. Continuation of Public Hearing—Form C Definitive Subdivision Plan and Wetlands & Flood Hazard District Special Permit-485 Lafayette Street—Glover Estates, LLC 6. Form B-57 Marlborough Road—Paul DiBiase,Trustee, Osborne Hills Realty Trust 7. Approval of Minutes ■ May 6, 2004 ■ June 3, 2004 • July 15, 2004 8. Old/New Business YAIa "Nee posted on "Official Bulletin Board. Cl@y Heil Ave., Salem' Mass. on W /11'd0Pin in atxordancq %Pith Chap. � %C, 23A A 296 of M.G.L. 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 4 WWW.SALEM.COM r • Salem Planning Board Minutes of Meeting Thursday, July 21, 2005 A regular meeting of the Salem Planning Board was held on Thursday, July 21, 2005 in the third floor conference room at 120 Washington Street, Salem, Massachusetts at 7:00 p.m. Those present were: Paul Durand, John Moustakis, Pam Lombardini, David Weiner, Christine Sullivan, Tim Ready and Chuck Puleo. Also present were City Planner Lynn Duncan, Staff Planner Valerie Gingrich, and Eileen Sacco, Clerk. Members Absent: Walter Power and Gene Collins In the absence of Chairman Walter Power, Chuck Puleo chaired the meeting. Continuation of Public Hearing - Form C - Definitive Subdivision, Cluster Residential Development Wetland Special Permit - Osborne Hills Realty Trust - 57 Marlborough Road Chuck Puleo addressed the Board and noted that the Board is trying to schedule a special meeting to devote to this project. He explained that Valerie Gingrich is trying to schedule it for August 11, 2005. He suggested that the Board continue the public hearing to August 11, 2005 and if we are unable to have a meeting Valerie will notify the applicant. • Paul Durand moved to continue the public hearing to August 11, 2005, seconded by Pam Lombardini and approved (7-0). Chuck Puleo read a letter from the Atty. Brian McGrail on behalf of Mr. DiBiase which granted an extension of the time for the approval of the definitive subdivision to September 30, 2005. Christine Sullivan moved to approve the request to extend the time for Planning Board action on the Osborne Hills Realty Trust project until September 30, 2005, seconded by Pam Lombardini and approved unanimously. Public Hearing - Amendment to Site Plan Review and Business Park Special Permit - 440 Highland Avenue - Walmart Stores, Inc. Chuck Puleo read a letter from the applicant requesting that the Public Hearing be continued to September 21, 2005, noting that they are in the process of seeking a variance from the ZBA. John Moustakis made a motion to continue the public hearing to .September 21, 2005, seconded by Pam Lombardini and approved (7-0). Continuation of Public Hearing - Site Plan Review - Salem Harbor CDC - 50 Palmer Street • Madeline Nash addressed the Board and explained that since the last meeting they have met with the Planning Department and the SRA and the DRB have reviewed the 1 • project as well. Ms. Nash noted that they will be getting state financing for the project, as well as some CDBG money. Chuck Puleo questioned who would maintain the property and how would maintenance be controlled. Ms. Nash stated that Salem Harbor Community Management will manage the property for the first year and the condo association will have to decide if that will continue. She noted that they would manage the snow removal and landscaping for the property. Ms. Nash noted that this will be long term affordable housing. Paul Durand stated that he feels that they have done a good job with the project, noting that the architects did a great job designing the buildings for the neighborhood. John Moustakis stated that he would like to have a site visit. He noted that this is a great opportunity to do something in the neighborhood. Paul Durand asked when they will start construction. Ms. Nash stated that they would like to start construction by the end of the year and break ground before winter. Christine Sullivan stated that she feels that this is a great project and asked if they envision extended family living there, noting that there is not much opportunity for people to do that anymore. Ms. Nash stated that they hope for that as well. • Chuck Puleo opened the hearing up for public comment at this time. There was no one present who wished to comment on the matter. Valerie Gingrich noted that the outstanding issues are fire access and the engineering department is reviewing the utilities. The Planning Board scheduled a site visit for Thursday, September 1, 2005 at 6:00 p.m. There being no further questions or comments regarding this matter a motion was made by John Moustakis to continue the public hearing to September 1, 2005, seconded by Paul Durand and approved. Continuation of Public Hearing - Site Plan Review - Charles River Properties - 430- 436 Essex Street Christine Sullivan and Pam Lombardini recused themselves from discussion of this matter. Chuck Puleo noted that since two members are absent and two members recused themselves from this matter there is no quorum of the Planning Board to hear this project this evening. Scott Petrowicz addressed the Board and stated that he understood, and requested • that the Board hold a special meeting for his client in August. A discussion was held on the request and Chuck Puleo stated that he could not give the applicant an 2 J • answer this evening as all members are not present. Valerie Gingrich will check with the members and see if a meeting can be arranged. David Weiner moved to continue the Public Hearing to September 1, 2005, seconded by Paul Durand and approved (5-0). Continuation of Public Hearing - Form C Definitive Subdivision Plan and Wetlands & Flood Hazard District Special Permit - 485 Lafayette Street - Glover Estates, LLC Chuck Puleo read a letter from Fred Harney regarding his concerns about the project. He noted that his concerns are about the proposed raised island on Lafayette Street. Atty. Atkins noted that they did not propose that, the Planning Board did and they have no preference on the matter. Atty. Atkins explained that the City Engineer decided which sections of sidewalk should be replaced and noted that at the very least concrete sidewalks will be inserted where there are none presently. A discussion was held on the sidewalk issue and it was suggested that sidewalks will be installed from Tides Lane to the limit of the pedestrian crossing. Christine Sullivan stated that she is troubled by this project and noted that this is a beautiful piece of land and she is concerned about what is in this for Salem. Atty. Atkins noted that the safety improvements, the pedestrian crossing, and the traffic calming measures will increase safety northerly down Lafayette Street. He also noted that they are providing an emergency tie in to the water supply for Salem and • Marblehead. He also noted that as required by Chapter 91, they are building a walkway to give public access to the bike path. David Weiner requested a copy of the Chapter 91 license. Chuck Puleo questioned how the remainder of lot 1 will be treated. Atty. Atkins stated that they will have to get an Order of Conditions from the Conservation Commission on that, and they will be applying for that. John Moustakis stated that there could be a benefit with the clean up of the river and if the gate works, he recommended that they leave it open noting that the city used to close the gate on Friday and open it up again on Sunday. He requested that the Planning Department check into the opening and closing of the tidal gate at Forest River. Paul Durand stated that he feels that this is a huge safety improvement and the lead cleanup is big and is a tremendous perk for Salem. Christine Sullivan asked if there was a way to eliminate some of the proposed asphalt. Atty. Atkins explained that the asphalt is needed on the site because of the lead clean up. Christine Sullivan stated that her main concern is that we end up with something that people can enjoy because it is such a special and beautiful area. • Lynn Duncan suggested that they should submit a landscaping plan to the Planning Department for review and approval by the Planning Board, if that is the wish of the Board. 3 r • A discussion was held on the matter of a raised island vs. a non raised island. Peter Ogren stated that neither the Salem Police Department or the Marblehead Police Department have a preference. He noted that a raised island may impede plowing etc. Paul Durand suggested that perhaps flushed scored concrete in addition to paint striping would be a middle ground solution, noting that it may be a better and safer proposal. Lynn Duncan stated that she agreed that the flush scored concrete island would be appropriate. Tim Ready asked Mr. Harney if the Board has addressed all of his concerns. Mr. Harney informed the Board that the closing of the tidal gates is a state law and the city did it up until a few years ago and stopped for some reason. He noted that there is a lot of history on the opening and closing of the tidal gates. Chuck Puleo opened the hearing up for public comment at this time. Sandra Osatin of Marblehead addressed the Board and stated that she is confused about the remediation work and asked that the Board wait on the approval of this until the Chapter 91 license is granted, as suggested by Councillor O'Keefe at the last meeting. She also stated that she has concerns about traffic on Lafayette Street. Lynn Duncan stated that she concurs with Councillor O'Keefe that the approval should be conditional upon the receipt of a Chapter 91 license. • Atty. Atkins stated that they have agreed to that in the past, and noted that they cannot apply for the Chapter 91 license until they get approval of the Planning Board and the Conservation Commission. Bob Fraser of 254 Lafayette Street addressed the Board and expressed his opposition to the project. There being no further questions or comments regarding this matter a motion was made by Pam Lombardini to close the public hearing, seconded by Paul Durand and approved. Valerie Gingrich reviewed the draft decision for the project. Atty. Atkins suggested amendments to some of the conditions. He noted that there is an error in the language of the Board of Health decision and suggested that he would go back to them for clarification and come back to the Board. There being no further questions or comments regarding this matter a motion was made by Pam Lombardini to approve the draft decision for Tides Lane Definitive Subdivision, seconded by Paul Durand and approved (7-0). See decision dated June 16, 2005 attached hereto and hereby made a part of these minutes. Preliminary Subdivision Plan Aoplication - Form B - 57 Marlborough Road - Paul DiBiase Trustee - Osborne Hills Realty Trust • Paul Durand moved to table this matter, seconded by John Moustakis and approved unanimously (7-0) 4 • Old/New Business Valerie Gingrich announced that she will be leaving the Planning Department to go back to school and get a Masters Degree in City Planning at MIT. Chuck Puleo and members of the Board thanked her for her service to the Planning Board. 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 Tim Ready and approved unanimously. The meeting was adjourned at 10:00 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Planning Board PB072105 • • 5 Cl T Y CSF r • CITY OF SALEMRIf'ptEMMq CtE OFFIC. E • PLANNING BOARD zoo JUL 2 Form G-Definitive Subdivision and Wetlands & Flood Hazard District Special Permit Decision July 25, 2005 Glover Estates,LLC C/o Arty. George W.Atkins Ronan, Segal&Harrington 59 Federal Street Salem, MA 01970 • RE: Tides Lane-485 Lafayette Street Form C--Definitive Subdivision and Wetlands & Flood Hazard District Special Permit Decision On Thursday,June 16, 2005, the pig Board of the City of Salem opened a Public Hearing regarding the application of Glover Estates,LLC to allow the construction of a roadway, which will end in a cul-de- sac on the parcel located at 485 Lafayette Street. The public hearing was continued to July 7, 2005,and July 21,2005. The Public Hearing was closed on July 21, 2005. At the regularly scheduled meeting of the Planning Board held on July 21, 2005, the Board dini, Ready, Wullivan voted by a vote of seven in favor (Puled, Durand,Moustakis,Lombaz ), opposed, to approve the Form C-- Definitive Subdivision and Wetlands & Flood Hazard District Special einer, Snone Permit subject to the following conditions: L Conformance with the Plan Work shall conform with the plans entitled, "Definitive Plan,Tides Lane, Salem& Marblehead, Mass.,"prepared by Hayes Engineering, Inc., 603 Salem Street, Wakefield, MA, 01880, dated April 26, 2005, including pages 1-4 revised June 1, 2005;and the sheet entitled, "Roadway Improvement Plan," dated April 26, 2005 and revised June 1,2005. 2. Amendments Any modification to the approved plans must receive the prior approval of the Planning Board unless deemed insignificant by the City Planner. Any waiver of conditions contained within shall require the approval of the Planning Board. • 3. Subdivision Regulations 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 . TEL: 978.745.9595 FAx: 978.740.0404 • WWW.SALEM.COM f ' w • 12. Pedestrian Signal Provided the project on the Marblehead parcel is approved, and as agreed, the applicant shall construct the pedestrian crossing signal on Lafayette Street as shown on the plans and specifications entitled, "Salem—Marblehead Branch Bike/Pedestrian Facility,Signalized Pedestrian Crossing,"prepared by C&C Consulting Engineers,LLC, 214 Lincoln Street, Boston, MA 02134, dated January 2005,including drawings 1-6 prior to the start of construction. 13. Building Permit The applicant shall obtain approval of the comprehensive permit to build the proposed structures from the Town of Marblehead prior to the start of construction. 14. Curb cuts The applicant, if the property abuts a state highway,shall obtain a curb-cut permit from Mass Highway prior to the commencement of any work. 15. Drainage The applicant shall submit a revised drainage plan and detail of the proposed drainage facility to the Department of Planning&Community Development and the Office of the City Engineer for review and approval prior to the endorsement of the plans. 16. Environmental. Cleanup Provided the project on the Marblehead parcel is approved, and as agreed, the applicant shall • remediate the lead contaminated soils including but not limited to the site,harbor, beach, bike path, and parcels owned by the Salem Conservation Commission (Assessors map 31,Lots 235 and 236). A detailed remediation plan shall be submitted to the Planning Board prior to the start of any work 17. Lafayette Street Improvements a. Provided the project on the Marblehead parcel is approved, and as agreed, the applicant shall construct roadway improvements to Lafayette Street as shown on the sheet entitled, "Roadway Improvement Plan,Tides Lane,Salem&Marblehead,Mass," dated April 26, 2005 and revised June 1,2005,prior to the start of construction. The roadway improvement plan shall be revised to show the changes below. Final plans shall be reviewed and approved by the Department of Planning&Community Development, the Office of the Salem City Engineer, and the Marblehead Town Engineer prior to the endorsement of the plans. b. The applicant shall install a crosswalk across Tides Lane. c. The applicant shall install a new concrete sidewalk along Lafayette Street from the pedestrian signal to Tides Lane and on both sides of the roadway along the entire length of Tides Lane. d. Flush scored concrete islands and striping to be installed on Lafayette Street and Tides Lane. • 18. Salem Conservation Commission a. All work shall comply with the requirements of the Salem Conservation Commission. 3 • ti. c.. A final lighting plan shall be submitted to the City Planner and the City Electrician for • review and approval prior to the issuance of any building permits for the proposed dwellings. d. After installation,fighting shall be reviewed by the City Planner and the City Electrician, prior to the issuance of any Certificates of Occupancy. 23. Construction Practices All construction shall be carried out in accordance with the following conditions: a. The operation of tools or equipment used in construction or demolition work shall occur in accordance with Salem Or mance Section 2-2 (2, Construction and Blas ing and between the hours of 8:00 AM and 5:00 PM on weekdays and Saturdays. No work shall take place on Sundays or holidays. The Planning Board will agree to changes in the starting time, at the request of the applicant and if approved by a formal vote of the City Council, as per the ordinance. b. Any blasting,rock crushing,jack hammering,hydraulic blasting,or pile driving shall occur r + in accordance with Salem Onan coon 2-2 (Z• Construction and Blasting and be limited to Monday-Friday between the hours of 8:00 AM and 5:00 PM. There shall be no blasting,rock crushing,jack hammering, hydraulic blasting, or pile driving on Saturdays, Sundays, or holidays. c. Blasting shall be undertaken in accordance with all local and state regulations. • d. All reasonable action shall be taken to minimize the negative effects of construction on abutters. Advance notice shall be provided by the applicant to all abutters in writing at least 72 hours prior to commencement of construction of the project. e. All construction vehicles and equipment shall be cleaned prior to leaving the site so that they do not leave dirt and/or debris on surrounding roadways as they exit the site. f. The applicant shall abide by any and all applicable rules,regulations and ordinances of the City of Salem. g. All construction vehicles and equipment left overnight at the site must be located completely on the site. h. No Street shall be closed without prior approval of the Department of Planning and Community Development,unless deemed an emergency by the Salem Police Department. 24. Blasting The applicant shall distribute the flyers entitled,"Facts for Massachusetts Property Owners About Blasting" to all abutters within three hundred (300) feet of the blasting area. 25. Conveyance of Easements and Utilities The applicant shall submit an acceptable form of conveyance of casements and utilities prior to the • endorsement of the plans. 26. Construction Traffic & Phasing 5 L The developer shall submit to the Health Agent a written plan for containment and removal of debris,vegetative waste,and unacceptable excavation material generated during demolition and/or construction. j. The Fire Department must approve the plan regarding access for fire fighting. L Noise levels from the resultant establishment(s) generated by operations,including but not limited to refrigeration and heating,shall not increase the broadband sound level by more than 10 dB(A) above the ambient levels measured at the property line. L The developer shall disclose in writing to the Health Agent the origin of any fill material needed for the project. m. The developer shall notify the Health Agent when the project is complete for final inspection and confirmation that above conditions have been met. 30. Health Department All work shall comply with the requirements of the Salem Health Department. 31. Fire Department All work shall comply with the requirements of the Salem Fire Department. 32. Office of the Building Commissioner • All work shall comply with the requirements of the office of the Salem Building Commissioner. 33. Utilities a. Any utility installation shall be reviewed and approved by the City Engineer prior to the issuance of a Building Permit. b. All site utilities shall be installed underground. 34. Maintenance a. Refuse removal,ground maintenance and snow removal of Tides Lane and associated sidewalks shall be the responsibility of the condominium association. The applicant shall submit condominium association documents containing this provision to the DPCD prior to the start of construction. b. Maintenance of any landscaping shall be the responsibility of the applicant, his successors or assigns. The applicant, his successors or assigns, shall guarantee all trees and shrubs. 35. As-built Plans As-built plans,stamped by a Registered Professional Engineer,shall be submitted to the Department of Planning and Community Development and Department of Public Services. The cost of the as-built plans will be included in the performance surety and the funds will not be released until satisfactory as-built plans are submitted. • 36. Violations Violations of any condition shall result in revocation of this permit by the Planning Board,unless the violation of such condition is waived by a majority vote of the Planning Board. 7 CIT . "F SALEM, MA e s CITY OF SALEM CLERK'S OFFICE PLANNING BOARD 1005 JUL - I A 10: 5L! Notice of Meeting You are hereby notified that the Salem Planning Board will hold its regular meeting on Thursday, July 7, 2005, at 7:00 PM in Room 313,Thud Floor at 120 Washington Street. tiles^ $p�1y- vb Walter B. Power, III Chairman 1. Recommendation to the City Council on Zoning Amendment ■ Old Salem Jail Property-50 St. Peter's Street 2. Continuation of Public Hearing—Form C–Definitive Subdivision, Cluster Residential Development,Wetland Special Permit-57 Marlborough Road—Osbome • Hills Realty Trust • Traffic Peer Review • Sewer Capacity Study 3., Continuation of Public Hearing—Site Plan Review,Wetland Special Permit-319 Highland Avenue—The Richmond Company, Inc. 4. Continuation of Public Hearing—Form C Definitive Subdivision Plan and Wetlands & Flood Hazard District Special Permit-485 Lafayette Street—Glover Estates,LLC 5. Public Hearing—Site Plan Review-276 Highland Avenue—Centercorp Retail Properties &Citizens Bank 6. Public Hearing—Site Plan Review-430-436 Essex Street—Charles River Properties 7. Approval of Minutes ■ May 6, 2004 ■ June 3, 2004 ■ July 15, 2004 8. Old/New Business -Release Covenant for Cedarc su 6f R06t®d on *official BuZ!IJI,�;9.6— � • atltY O: s Av , Sa}em, hAass. on / o m in axordarte withems, Z9A • 2311 of ►b.4i.L. _ 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 ♦ TEL: 978.745.9595 FAX: 978:740.04.04.s WW.W,SALEM.COM 3v� CITY OF SALEM ' PLANNING BOARD MEMORANDUM TO: Planning Board Members FROM: Valerie Gingrich, Staff Planner Department of Planning&Community Development DATE: June 28, 2005 RE: Agenda July 7, 2005 The following is a brief description of the items,which are listed on the attached agenda. Please contact Lynn Duncan at the Department of Planning&Community Development at 978-745-9595,extension 311,if you have any questions pertaining to the agenda items,as I will be on vacation next week. Recommendation to the City Council on Zoning Amendment—Old Salem]ail Property-50 St. Peter's Street As you know, the Planning Board and City Council held a Joint Public Hearing on June 30, 2005 to discuss the proposed amendment to the City of Salem Zoning Map by extending the B-5 Central • Development District to include the Old Salem Jail parcel located at 50 St. Peter Street. Said property would be rezoned from R-3 Residential to B-5 Central Development District (see attached map). The range of uses allowed in the B-5 District corresponds exactly to the range of uses that the Salem Redevelopment Authority has considered for the reuse of the Old Salem Jail complex based on public input received during the reuse planning process. As you aware, the B-5 District allows a vital mix of commercial and residential uses compatible with this location, such as retail, commercial space, offices, and restaurants, as well as residential. The change in zoning will open up the possibilities for redevelopment and revitalization of this vacant parcel. Continuation of Public Hearing—Form C—Definitive Subdivision, Cluster Residential Development, Wetland Special Permit-57 Marlborough Road—Osborne Hills Realty Trust The traffic engineer,Ken Petraglia of HDR,will be at the meeting to present his findings of the peer review of the traffic study. The traffic report is included in this packet (the report was also distributed at the last meeting). Included in this packet is the Scope of Services for the Sewer Capacity Analysis that will be done in the area of the proposed subdivision. The capacity of the sewer system from the proposed development to the "end of the line" at South Essex Sewer System in Fort Avenue is in question. The study will cost $113,750 and the consultants,Metcalf&Eddy, have advised us that the developer of Osborne Hills should be responsible for approximately 60-65%of the cost ($68,250 to $73,937.50). The Board can require this fee under Chapter 44 Section 53G (hiring of outside Consultants). This study will determine the capacity of the sewer system and determine if/what improvements need to be made prior to the • construction of the proposed subdivision. Approval of the subdivision ultimately depends upon there being sufficient sewer capacity. 1 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 . TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM • Continuation of Public Hearing—Site Plan Review,Wetland Special Permit-319 Highland Avenue—The Richmond Company, Inc. The proposed project includes the demolition of the existing buildings (Moose Lodge and Tony Lena's) and the construction of a retail building with a footprint of 5,534 square feet. The retail building will consist of a convenience store and a bank branch with drive-thru window. The project includes the construction of six fuel-dispensing islands with a canopy located overhead. The project also includes the construction of a right turning lane from Highland Avenue onto Swampscott Road. The applicant has revised the entrance to the site by adding a divider island. The plan is included in this packet for your review. In addition,a letter containing comments from the Office of the City Engineer is included in this packet. The following comments were submitted: 1. A Letter from Mass Highway, which indicates that they have reviewed and approved the roadway project is required prior to approval. 2. A Detail of granite curbing needs to be shown on the plans (a concrete curb detail is shown). 3. More information is needed regarding the proposed Rodent guard. Please submit a detail that shows the device and how it will function. 4. A handicap ramp should be installed on DiPietro Avenue as part of the roadway project. 5. The proposed chain link fence along the rear of the property should be extended to Swampscott Road to prohibit illegal dumping of white goods. In addition, the blank panels shown on the proposed freestanding sign on sheet six should be removed from the drawing. The blank panels will not be permitted because the sign has utilized the • allowed square footage allowance and there are only three uses on the site. I have included a draft decision for the project in this packet. The applicant intends to submit revised plans prior to the meeting, but we have not yet received them. The comments listed above are included as conditions in the draft decision. Public Hearing—Form C Definitive Subdivision Plan and Wetlands & Flood Hazard District Special Permit—485 Lafayette Street—Glover Estates,LLC This Form C—Definitive Subdivision Plan subdivides the parcel into two new parcels along the city/town boundary. The plan also shows the construction of a new roadway. At the last meeting, the applicant indicated that they would provide the following: • Concrete sidewalk up to Rosedale Avenue • Roadway design for Lafayette that includes the proposed improvements • Emergency water tie in at the town line The following comments from the Office of the City Engineer were forwarded to the applicant(the correspondence is included in this packet): • As agreed, an emergency water inter-connect (dry connection) will be installed across the Lafayette Street bridge to the Salem/Marblehead line with hydrant or valve (This will be coordinated with City Engineer). • Funds will need to be provided for repaving in the area. • The location of the proposed stormceptor is not clear. The stormceptor needs to be • downstream of the proposed connections. • The roadway improvements for Lafayette Street need to be reviewed and approved prior to 2 • the approval of the subdivision. • An area needs to be designated for snow storage from plowing Tides Lane. Also included in this packet is a letter from an abutter regarding the proposed subdivision. I forwarded the following comments to the applicant regarding the proposed subdivision: 1. The Subdivision Regulations require a statement describing conformance with the Master Plan or reasons for nonconformity [Section III (B)(2)(s)]. Please submit the required information to the Planning Board. 2. The Subdivision Regulations require a certified statement as to encumbrances existing upon the land at the time of filing. 3. There is no street fighting shown on the plans. Please provide the Board with a fighting plan. 4. There are no fire alarm boxes shown on the plan. Please provide the Board with a revised plan. 5. The proposed drainage system for the roadway is not shown in detail. Please submit a detail of the proposed roadway drainage for the Board and the office of the City Engineer to review. 6. The application for a Wetlands &Flood Hazard District Special Permit requires a Est of Federal, State, and other local permits required by the applicant [Application Section II (D)]. Please submit the information to the Planning Board for thea review. 7. The Form B Decision issued by the Planning Board requires that the following materials be submitted with the Definitive Plan for the Board's review: • A detailed plan describing proposed roadway improvements be submitted. • A detailed plan of the proposed cleanup of the parcels • A construction traffic management plan • Public Hearing—Site Plan Review-276 Highland Avenue—Centercorp Retail Properties & Citizens Bank The proposed project includes the demolition of the existing 8,300 sq. ft. building located at the corner of Highland Avenue and Marlborough Road to construct a 3,500 sq. ft. bank facility with a two lane drive thru. The application and plans are included in this packet. The following comments from the Office of the City Engineer were forwarded to the applicant (the correspondence is included in this packet): • The Entrance Corridor Overlay District [Section 7-19 of the Salem Zoning Ordinance] requires that landscaping include one tree of 3 1/2-4" caliper for each three parking spaces. Trees are to be planted in plant beds bounded by six-inch granite curbing. However, the site plan that was submitted to the Planning Board shows 2-2 'h" caliper trees. In addition, the plans show sloped granite curbing in some locations instead of vertical granite curbing,which has become the standard curbing required. Please revise the plans accordingly. • Site Plan Review requires the location and dimensions of adjacent public roadways. Please show this information on the plans. • The lighting plan does not show details of the proposed lighting fixtures. Please revise the plans accordingly. • The Fire Department has commented that the access lane around the building needs to be eighteen (18) feet wide in order to provide adequate access in emergencies. • Public Hearing—Site Plan Review-430-436 Essex Street—Charles River Properties 3 The proposed project includes the demolition of the existing two-story garage and the construction of a three story modular building with twelve condominium units. The proposed building will have a footprint of 4,200 square feet. The application is included in this packet. The following comments from the Office of the City Engineer were forwarded to the applicant (the correspondence is included in this packet): • Site Plan Review (Article VII, Section 7-18 of the Salem Zoning Ordinance) requires that the site plan submitted to the Planning Board show the location and dimensions of all buildings, walkways and driveways. However, the site plan that was submitted does not show all of these dimensions. Please provide updated plans, which show the necessary information. • Site plan review requires that the plans show the location and type of external lighting. Please revise the plans accordingly. • Site plan review requires that the site plan show the location, type, dimensions and quantities of landscaping and screening. Please submit a landscaping plan to the Planning Board. • Site plan review requires the location and dimensions of utilities, gas, telephone, electrical, communications, water, drainage, sewer and other waste disposal. Please provide this information along with details of the utility connections. • Site plan review requires the plans to show the location of snow storage areas. Please include this information on the revised plans. • • Site plan review requires that the plans show the topography of the site with two-foot contours. Please revise the plans accordingly. ■ Drainage calculations must be submitted to the Planning Board and the Office of the City Engineer. • Site Plan Review (Article VII, Section 7-18 of the Salem Zoning Ordinance) requires that the application include a brief narrative concerning buildings, parking & loading, traffic flow & circulation, external lighting, landscaping & screening, utilities, snow removal, natural area protection &enhancement, and compatibility of the architecture of the proposed development with existing architecture of the surrounding area. Please submit the narrative to the Planning Board for their review. Old/New Business -Release Covenant for Cedarcrest Subdivision Paul Cassell the developer who is constructing the extension of Cedarcrest Avenue has submitted a bond in the amount of$200,000 for the work to be completed. The Board will need to vote to release the covenant that was previously placed on the land. • 4 Salem Planning Board Minutes of Meeting Thursday, July 7, 2005 A regular meeting of the Salem Planning Board was held on Thursday, July 7, 2005 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, John Moustakis, Pam Lombardini, David Weiner, Gene Collins, Christine Sullivan, Tim Ready and Chuck Puleo. Also present were City Planner Lynn Duncan, Staff Planner Valerie Gingrich, and Eileen Sacco, Clerk. Members Absent: None Recommendation to the Salem City Council on Zoning Amendment - Old Salem Jail Property - 50 St. Peter Street Walter Power noted that a joint public hearing was held on June 30, 2005 regarding this matter, which calls for the inclusion of the Old Salem Jail property in the B5 zoning district. He recalled that the RFP process for the site was reviewed at the public hearing and the process they intend to implement to attract developers for the site. Gene Collins suggested that the PUD process might better suited to this site and aid in attracting developers. • Christine Sullivan noted that she is also a member of the SRA and explained that the Board was very conscious of the need to attract the best development for this site in establishing the RFP process. She also noted that they felt that the zoning change would present the least obstacles for attracting developers. Lynn Duncan stated that she felt that the zoning change is a straightforward way to proceed and is very clear to prospective developers. There being no further questions or comments regarding this matter, a motion was made by Christine Sullivan to recommend approval of the zoning change to B5 for the Old Salem Jail site to the Salem City Council, seconded by Tim Ready and approved by the Planning Board by a vote of eight in favor and one opposed. Continuation of Public Hearing - Form C - Definitive Subdivision. Cluster Residential Development Wetland Special Permit - Osborne Hills Realty Trust - 57 Marlborough Road Atty. Brian McGrail addressed the Board and noted that Michael Abend, the traffic engineer, is present this evening, as is Ken Petraglia, the consultant hired for the city. He stated that they will review the findings of the peer review of the traffic study with the Board. Mr. Petraglia addressed the Board and reviewed the peer review of the traffic study. He noted that the proposed Barcelona / Ravenna access for the site would negatively • impact the safety and quality of life of the residents and it is not a proper use for a second exit for the development. He also noted that a queue analysis should be I • done to show impact. He also noted that the original traffic study indicated that the use of Barcelona and Ravenna would improve safety. He stated that he does not agree. Mr. Petraglia noted that the traffic study does not include mitigation. He noted that he visited the site three times and the intersection of Highland Avenue and Marlborough Road is a concern. He stated that the traffic on Marlborough Road can back up to and past the proposed site access and drivers taking a left into the site will often be blocked. John Moustakis noted that last Friday there were 38 cars cued from the corner out to Highland Avenue. Mr. Petraglia stated that his recommendation would be for Barcelona and Ravenna to only be used as an emergency access. He also stated that a left hand turn lane should be built for Marlborough Road to avoid blocking through traffic. Walter Power questioned how many cars would use the left lane. Mr. Petraglia stated that he estimated about 100 cars during peak hours with 3-4 vehicles using the queue lane. Walter Power noted that when the Peabody parcel is developed they may be using this route as well. David Weiner questioned what else could be done to make the Highland Ave./Marlborough Rd. intersection work better. John Moustakis stated that the intersection is in failure and we need to solve it before we have major problems. • Chuck Puleo asked if they looked at the possibility of widening the road. Mr. Petraglia addressed the Board and stated that he did consider it, but the roadway right-of-way is not sufficient. He also stated that he would be satisfied with striping with no taking of property. He noted that if there was another development he would suggest that the right-of-way width be looked at, at that time. Christine Sullivan noted that this discussion shows the limitations of the jurisdiction of Planning Board and stressed that this intersection needs to be looked at. Lynn Duncan stated that the Planning Board could not require any taking of property as part of a decision. Christine Sullivan noted that we should not be allowing a development that makes the intersection worse. David Weiner noted that the Highland Ave. Marlborough Rd. intersection is collapsing and suggested that we need to know to what degree is this development making that intersection worse. Bill Luster addressed the Board and noted that the developer will be submitting a mitigation package that can include some of the items discussed. He suggested that short-term striping could be done and they would consider preparing a design that the city could take to the state to do major improvements to that intersection. Walter Power noted that the city has been deeded land along Highland Avenue for a • lane widening with the exception of the Taco Bell site. He also suggested that the next step would be for the developer to do a queue analysis and plan for a left turn lane off Marlborough Road into the development. 2 • Atty. McGrail suggested that the mitigation package could be a condition of approval. He noted that they are making a good faith effort on this and want to work with the city cooperatively. A discussion was held on the possible dates for the next meeting. Walter Power stated that he would like to have a special meeting for this and noted that the Planning Board usually takes the month of August off. Valerie Gingrich will contact members of the Board to set up a date for the meeting. Atty. McGrail stated that they would like some direction from the Board on whether or not to abandon the plan for access from Barcelona and Ravenna Avenue. David Weiner made a motion to accept the recommendation of the traffic consultant not to use Barcelona and Ravenna Avenue for access into the development, seconded by Christine Sullivan and approved unanimously. Walter Power opened the hearing up for public comment at this time. Kim Driscoll addressed the Board and expressed her concern about the impact of this development on city services. She noted traffic, trash collection, impact on the schools and public safety and suggested that the number of units be decreased. She stated that it is incumbent on the city, the Planning Board and the City Planner to take those things into consideration. She also noted that the City of Peabody is talking to the developer about purchasing the property for open space and suggested • that Salem should look at that area for the preservation of open space. Ms. Driscoll also suggested that building a conventional single-family home subdivision should be looked at rather than the proposed cluster development. Kevin Harvey addressed the Planning Board and stated that he agrees with Kim Driscoll and asked that the cluster development be taken off the table and noted that the neighborhood does not want it. Councillor Joan Lovely addressed the Board and expressed her concern about density noting that Highland Avenue is congested and Mass Highway plans to improve traffic flow from the Walmart to Salem Hospital have been on the table for years with no funding. Ward Seven Councillor Joe O'Keefe informed the Board that he heard that Lowe's Home Improvement is planning to build in Lynn behind Camp Lion and he is concerned that will bring additional traffic to the area as well. Councillor at Large Tom Furey addressed the Board and expressed his concerns about traffic and safety on Marlborough Road. There being no further comments or questions regarding this matter a motion was made by John Moustakis to continue the public hearing to July 21, 2005, seconded by Christine Sullivan and approved unanimously. Continuation of Public Hearing - Site Plan Review - Wetland Special Permit - 319 • Highland Avenue - The Richmond Company 3 • Atty. Joseph Correnti addressed the Board and reported that they have reviewed the curb cut and they have revised the plans to show that the driveway has been widened. Frank Montero addressed the Board and reviewed the revised plans. He noted that they will use raised granite sloped bituminous concrete with an island in the driveway if that is acceptable to Mass Highway. Mr. Montero reviewed a letter from the Staff Planner dated June 28, 2005. He noted that they have addressed those issues and details of the granite curb changes are on the plan, more information on the inspection of the drain line has been added, additional information on the handicapped ramp on DiPietro Avenue has been added to the plan, and the blank panels have been eliminated from the proposed signage. He noted that they would rather leave the sign as it is and not illuminate it and explained that they designed the sign that way for future signage if needed. Christine Sullivan stated that she feels that this is a good project. 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 Paul Durand to close the public hearing, seconded by John Moustakis and approved. • City Planner Lynn Duncan reviewed a draft decision for the project. John Moustakis moved to approve the site plan review application with conditions for the Richmond Company - 319 Highland Avenue, seconded by Paul Durand and approved unanimously. See decision dated July 11, 2005 attached hereto and hereby made a part of these Minutes. Public Hearing - Site Plan Review - 276 Highland Avenue - Cetercorp Retail Properties and Citizens Bank Atty. George Atkins addressed the Board and explained the proposed plans for the demolition and construction of a new building on the site that will house a Citizens Bank and another retail use that is to be determined. He noted that this use will actually decrease the 8,300 s.f. existing non conforming use in a B2 zone. He explained that the Planning Department asked them not to use the entrance on Highland Avenue. Atty. Atkins noted that there is not much land available for a land donation but they would take a look at that and review the plan. Jesse Kohler reviewed the plans with the Board. He stated that the plans will reduce the untreated runoff on the site by 50% and explained the system that they plan to install. Walter Power reviewed the comments made by the Planning Department. The • comments suggest that 3 '/z - 4 inch caliper trees be planted at the entrance and 8 trees are proposed. Sloped granite curbing is also recommended, noting that it will be an important feature of the site. 4 • The lighting plan was reviewed. The fire department has some concerns about the north side of the building and access lanes in the rear of the building. They will talk to Erin Griffin at the Fire Department about that. Atty. Atkins noted that this proposal is to build less than half of the footprint that is currently there and open space will be 23%, which is currently 5%. Walter Power opened the hearing up for public comment at this time. Mike Kennedy of Orleans Avenue addressed the Board and expressed his concerns about traffic. Councillor Joe O'Keefe addressed the Board and noted that the state regulations require 18 feet on two sides of the building for fire access. There being no further questions or comments regarding this matter a motion was made by Paul Durand to continue the public hearing to July 22, 2005, seconded by Christine Sullivan and approved. Public Hearing - Form C Definitive Subdivision Plan and Wetlands & Flood Hazard District Special Permit - 485 Lafayette Street - Glover Estates, LLC Atty. George Atkins addressed the Board and explained the plans for the benefit of those who were not present at the last meeting. He noted that the estimated cost • for the suggested mitigation improvements in Salem is between $80,000 -$150,000 and with improvements to the water main that would bring the cost to a half million or more as well as the cost of the clean up of the contamination, which is estimated at a million dollars or more. Peter Ogren reviewed the entrance way design with the Board. He noted that there are two turning lanes north and south for safety and the turning lane and sidewalk are proposed. He noted that they met with the city engineers in Salem and Marblehead and they have amended the plan. Bob Michaud addressed the Board and explained that they have agreed to the emergency water connection and they will cross connect between the systems in the event of a major water break. He explained that the connection will be with gate valves and a dry pipe to eliminate any concerns of freezing. Walter Power opened the hearing up for public comment at this time. Mr. Kalas of 84 Robert Road in Marblehead addressed the Board and expressed his concern about the bike path being owned by the Town of Marblehead and noted that it is in use. He noted that the beach is really a mud flat. He cautioned that none of this will happen unless they get approval of the 40B project in Marblehead. Peter Beasley of 150 Lafayette Street addressed the Board and expressed his concern about abutters in Marblehead not being notified of this meeting. He stated that the proposed location of the island goes across his driveway. Atty. Atkins noted that the location of the island still has to be determined and clarified that the • abutters list is determined by the City of Salem Assessors. 5 • Fred Harney of 474 Lafayette Street addressed the Board and expressed his concerns about snow removal and snow storage on the site, noting that he would not like to see the snow pushed out onto Lafayette Street. Atty. Atkins stated that the snow would be stored on site. Florrie Dehard of 38 Robert Road addressed the Board and expressed her concerns about the integrity of the sea wall. Atty. Atkins stated that they will be required to repair the seawall. Maggie Lemelin of 100 Federal Street, Salem addressed the Board and requested that the Board deny this project at this time but continue to work with the Town of Marblehead on the issues in that area. John Moustakis suggested that the Board plan a site visit. The Board discussed possible dates and decided to visit the site on July 11, 2005 at 6:00 p.m. Kim Driscoll addressed the Board and expressed her concerns about the contamination on the site and the cleanup of that. Mr. Orgen explained the clean up process and the stabilization of the site. Councillor Joe O'Keefe addressed the Board and presented a letter outlining his concerns and su99estions for the project. He suggested that final approval for the project should be subject to Glover Estates receiving a Chapter 91 License as most of this property is filled tidelands and nothing can be built there without such a license form Massachusetts DEP. He also suggested that final approval should be subject to them receiving a valid building permit from the Town of Marblehead. Mr. O'Keefe • also noted that final approval should be subject to Glover Estates receiving state and local approval for curb cuts. Mr. O'Keefe also expressed concern that during the discussions of another use of the property the city was told that the lead contamination on this property was as much as 16 feet deep and that this lead was being transferred into the harbor by ground water which could have accounted for the high levels of lead found in the river bed. He questioned if the proposed road and cul-de-sac is to be used as a cap on the contaminated soil. He suggested that the Board should make the approval conditional on the removal of the contaminated lead soil and replaced with clean fill. Mr. O'Keefe also noted that the final design of the roadways, traffic mitigation and traffic calming issues on Lafayette Street have not been satisfactorily addressed by Glover Estates and questioned who is going to pay for the maintenance, repair or any roads and the cul-de-sac which is proposed for Salem. Councillor Tom Furey addressed the Board and stated that this is a once in a lifetime opportunity to solve some of the problems in that area. He urged the Board to take their time and do a thorough review of this. There being no further questions or comments regarding this matter a motion was made by John Moustakis to continue the public hearing to July 21, 2005, seconded by Paul Durand and approved. • Site Plan Review - Charles River Properties - 430-436 Essex Street 6 • Christine Sullivan and Pam Lombardini recused themselves from discussion of this matter. Scott Petrowicz addressed the Board and reviewed the plans for the proposed rehab of Creedons Garage on Essex Street. He stated that they are proposing 12 new residential units of housing on the site with associated grading and utilities. Chuck Puleo noted that the Board has previously approved a Form A for this property. Mr. Petrowicz explained that if this gets approved they will file to combine the property again. Mr. Petrowicz stated that they are providing for 1 1/2 parking spaces per unit for a total of 20 parking spaces. He noted that by ordinance only 18 are required. John Moustakis questioned why they were only providing parking for the new units. Mr. Petrowicz explained that the Building Inspector only required it for the new units. John Moustakis requested a letter from the Building Inspector explaining his decision. He expressed his concern that there will be two buildings on one lot and the over flow parking will be all over the neighborhood. Walter Power opened the hearing up for public comment at this time. Ward Two Councillor Mike Sosnowski addressed the Board and expressed his concern about the location of the curb cut. He noted that CVS moved their driveway and no • left turn is allow out of their parking lot. He also stated that he is concerned that with 18 units there is not enough parking. Charlie Jellison of 16 Highland Avenue addressed the Board and expressed his concern about the impact of this project on a drain he has on his property. Scott Petrowicz stated that they would take a look at that. Walter Power suggested that they take a look at moving the house up to the street and take a look at providing parking under the building. There being no further questions or comments regarding this matter a motion was made by Chuck Puleo to continue the public hearing to July 21, 2005, seconded by Paul Durand and approved. Old/New Business Release of Covenant for Cedarcrest Subdivision Valerie Gingrich addressed the Board and explained that it is appropriate to approve the release of the covenant for the Cedarcrest Subdivision based on submittal of a satisfactory performance guarantee. Paul Durand moved to approve the release of the covenant for the Cedarcrest Subdivision, seconded by John Moustakis and approved. • 7 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 Tim Ready and approved. The meeting was adjourned at 11:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Planning Board PB070705 • • 8 .t7 AI • Joint Public Hearing of o� Salem Planning Board and m Salem City Council z Mo Minutes of Meeting Thursday, June 30, 2005o> A joint public hearing of the Salem Planning Board and the Salem City Council wa&, c�3 held on Thursday, June 30, 2005 in the Salem City Council Chambers, 93 Washington Street, Salem, MA. 01970 at 7:00 p.m. �n D The purpose of this hearing was to discuss the proposed zoning change for the former Salem Jail Property. Planning Board Members present were: Walter Power, John Moustakis, Christine Sullivan, Gene Collins, Tim Ready, Chuck Puleo, and Paul Durand. Also present were City Planner Lynn Duncan, Staff Planner Valerie Gingrich, and Eileen Sacco, Clerk. Planning Board Members Absent: David Weiner, Pam Lombardini. Salem City Councilors Present: Council President Mike Bencal, Councillor At Large Kevin Harvey, Councillor At Large Joan Lovely, Councillor At Large Tom Furey, Ward One Councillor Lucy Corchardo, Ward Two Councillor Michael Sosnowski, Ward Three Councillor Jean Pelletier, Ward Four Councillor Leonard O'Leary, Ward Five Councillor Matt Veno, Ward Seven Councillor Joe O'Keefe. • Councillor Bencal opened the hearing at 7:00 p.m. He called on City Planner Lynn Duncan to address the Council and explain the proposed rezoning ordinance. Ms. Duncan addressed the Council and introduced Mike Brennan the Chairman of the Salem Redevelopment Authority. She thanked the City Council for showing confidence in the SRA by transferring the Salem Jail property to them. Ms. Duncan explained that the SRA held seven meetings in eleven weeks on this proposal. She noted that they received input from residents regarding this property and the Salem Historic Commission and Historic Salem Inc. provided great insight into the preservation of the historic buildings. Ms. Duncan explained that they hired the Cecil Group to do a reuse study and the preparation of the RFP. She also noted that a marketing proposal was done to determine the best fit for the downtown. She noted that the recommendation was made that it would be best to change the zoning from R3 to B5 for the Old Salem Jail parcel. Councillor Bencal called on Planning Board Chairman Walter Power to comment on the proposal. Mr. Power introduced the members of the Planning Board present this evening. He noted that he was pleased with the range of uses recommended by the study and the possibility of a mixed use. Mike Brennan addressed the Council and explained the plan. He noted that various possibilities were considered and a mixed use was what people were looking for and noted it was more logical for the site to be part of the downtown. Mr. Brennan • reviewed the proposed drawing. Councillor Bencal opened the hearing up for public comment at this time. 1 • Gene Collins addressed the Council and stated that there are two churches on the other side and asked if they would be included. Ms. Duncan noted that the proposal is to extend the B5 to the jail property only. Councillor Jean Pelletier addressed the Council and thanked the SRA and the Planning Board and noted that he wholeheartedly supports the project. Barbara Cleary addressed the Council and noted that Historic Salem Inc. has been working with the SRA. She noted that HSI feels that this is important and it is going to be a challenging project. She stated that a more flexible development has to be consistent with the downtown. She also stressed that people want a more active use on the site. She encouraged the council to support this proposal. Councillor Sosnowski addressed the Council and stated that this property is on the entrance corridor to the city and stated that the end result of this project should be a trophy building. Councillor at Large Arthur Sargent addressed the council and stated that he wanted to be sure that the concerns of the neighbors are taken into consideration during this process. Councillor Joseph O'Keefe addressed the Council and questioned if the developer is held to the reuse of the existing building or would they be allowed to demolish a part of it. He also questioned where the weathervane that was on the building is. Lynn • Duncan stated that there is a preservation restriction that would govern how the property is redeveloped. Councillor Lovely addressed the Council and stated that she feels that this plan preserves the historical integrity of the city and thanked the SRA, HSI, the Planning Board and the Planning Department for all the hard work that was done on this proposal. Councillor Veno addressed the Board and expressed his concerns about parking in the downtown and noted that flexible off street parking presents a challenge. He suggested that there should be some mechanism for the SRA to require adequate parking. Lynn Duncan noted that there is a series of criteria in the RFP regarding parking on site. Lynn Duncan explained the RFP process and noted that it is an ambitious time frame that they are entertaining. She noted that the Cecil Group and the SRA will review a lot of information including financial information from proposed developers. She noted that financial information is important in the consideration of the financial stability of the developer and will be kept confidential. She noted that the interviews with developers will be done in a public forum. Councillor Pelletier noted that the land in front of the jail property is owned by the State and asked if they have conveyed that property to the city yet. Ms. Duncan referred the Cecil Group site design plan and noted that the plan was based on the bypass road plan and showed how it will be reconfigured. • 2 There being no further questions or comments regarding this matter a motion was made by Councillor Harvey to close the public hearing, seconded by Councillor Veno and approved. Councillor Harvey moved to refer the matter of the zoning change for the Salem Jail Property to the Salem Planning Board for a recommendation, seconded by Councillor Sosnowski. Discussion: Councillor Harvey addressed the Council and stated that he has had several discussions with Russ Vickers and expressed his concerns about planning, traffic and a construction plan. He stated that he feels that if this project is done correctly he is optimistic that this will be a good project. Councillor O'Keefe moved to call the question, seconded by Councillor Pelletier. City Clerk Cheryl LaPointe called the roll and the vote was as follows: Councillor Corchardo yes Councillor Sosnowski yes Councillor Pelletier yes Councillor O'Leary yes Councillor Veno yes Councillor Harvey yes • Councillor Lovely yes Councillor Sargent yes Councillor Bencal yes The motion carried (9-0) Councillor Harvey called for immediate reconsideration in the hopes that it will not prevail, seconded by Councillor O'Keefe. The motion failed. There being no further business to come before the council and the Planning Board this evening a motion was made by Councillor Harvey to adjourn the meeting, seconded by Councillor O'Leary and approved (9-0). The meeting was adjourned at 7:50 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Planning Board PB/Council 063005 • 3 3v� CITY OF SALEM PLANNING BOARD Notice of Meeting You are hereby notified that the Salem Planning Board will hold its regular meeting on Thursday, June 16, 2005, at 7:00 PM in Room 313,Third Floor at 120 Washington Street. vvo�e)T&��/V& Walter B. Power, III Chairman 1. Continuation of Public Hearing—Form C—Definitive Subdivision, Cluster Residential Development, Wetland Special Permit-57 Marlborough Road—Osbornc Hills Realty Trust (This item will be continued to the meeting on July 7, 2005) 2. Continuation of Public Hearing—Site Plan Review,Wetland Special Permit-319 •. Highland Avenue—The Richmond Company, Inc. 3. Public Hearing—Form C Definitive Subdivision Plan and Wetlands & Flood Hazard District Special Permit-485 Lafayette Street—Glover Estates,LLC 4. Public Hearing—Site Plan Review-50 Palmer Street—Salem Harbor CDC 5. Public Hearing—Wireless Communication Facility Special Permit-1000 Loring Avenue—Bell Atlantic Mobile of Massachusetts Corporation, LTD. d/b/a Verizon Wireless 6. Public Hearing—Amendment to Site Plan Review-2&5 Waters Street—North River Redevelopment Trust 7. Old/New Business Witch Hill Subdivision (Dell Street)--Signing of Covenant, Conveyance of Easements, Mylar Cedarcrest Extension Subdivision—Signing of Covenant, Conveyance of Easements & Utilities,Mylar • 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 4 WWW.SALEM.COM 3v A CITY OF SALEM PLANNING BOARD MEMORANDUM TO: Planning Board Members FROM: Valerie Gingrich, Staff Planner Department of Planning&Community Development DATE: June 7, 2005 RE: Agenda June 16, 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 311,if you have any questions pertaining to the agenda items. ■ I have enclosed an updated member list and a list of the current projects that are under construction. • • At the last meeting, the Board discussed the rule that members have to attend every session of a public hearing to vote on a special permit. I have included Chapter 40A, section 9 that talks about special permits and a portion of Mark Bobrowski's Handbook of Massacbusetts Land Use and Planning Law for your review. This attendance requirement is a result of case law and it would take legislative action to change it. Lynn Duncan has informed me that Bob Ritchie, of the Municipal Law Division at the Attorney General's Office,is working on such legislation. Continuation of Public Hearing—Form C–Definitive Subdivision, Cluster Residential Development,Wetland Special Permit-57 Marlborough Road—Osborne Hills Realty Trust The traffic engineer, Ken Petraglia of HDR,will be at the meeting to present his findings of the peer review of the traffic study. In addition, the applicant has indicated that the team xvill be prepared to speak to the reasonable yield of a conventional subdivision plan. The conventional layout that was submitted to the Board is included in this packet. I have also included information regarding the superfund site from the EPA website for your review. Continuation of Public Hearing—Site Plan Review,Wetland Special Permit-319 Highland Avenue—The Richmond Company, Inc. The proposed project includes the demolition of the existing buildings (Moose Lodge and Tony Lena's) and the construction of a retail building with a footprint of 5,534 square feet. The retail building will consist of a convenience store and a bank branch with drive-thru window. The project • includes the construction of six fuel-dispensing islands with a canopy located overhead. The project l 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 0TEL: 978.745.9595 FAx: 978.740.0404 • www.SALEM.COM • also includes the construction of a right turning lane from Highland Avenue onto Swampscott Road. The applicant has made changes to the plans, but the revised plans have not yet been submitted to the Board. Public Hearing—Form C Definitive Subdivision Plan and Wetlands & Flood Hazard District Special Permit—485 Lafayette Street—Glover Estates, LLC This Form C—Definitive Subdivision Plan subdivides the parcel into two new parcels along the city/town boundary. The plan also shows the construction of a new roadway. Revised plans, an Environmental Impact Statement and a traffic study are included in this packet. I forwarded the following comments to the applicant regarding the proposed subdivision: 1. The Subdivision Regulations require that an Environmental Impact Statement be submitted for the Board's review. 2. The Subdivision Regulations require a statement describing conformance with the Master Plan or reasons for nonconformity [Section III (B)(2)(s)]. Please submit the required information to the Planning Board. 3. The Subdivision Regulations require a certified statement as to encumbrances existing upon the land at the time of filing. 4. The Subdivision Regulations require that the plan show the location, names, and present • widths of streets bounding, approaching or within reasonable proximity of the subdivision. Please show the width of Lafayette Street on the plans. 5. The Subdivision Regulations require dead-end streets to have a turnaround having a curb- face to curb-face roadway diameter of at least ninety (90) feet. The cul de sac shown on the submitted plans is less than the required ninety feet. 6. The submitted plans do not clearly show what material is proposed for the sidewalk along Tides Lane. Concrete sidewalks have become a standard requirement for sidewalks. 7. There is no street lighting shown on the plans. Please provide the Board with a lighting plan. 8. There are no fire alarm boxes shown on the plan. Please provide the Board with a revised plan. 9. The proposed drainage system for the roadway is not shown in detail. Please submit a detail of the proposed roadway drainage for the Board and the office of the City Engineer to review. 10. The application for a Wetlands & Flood Hazard District Special Permit requires a fist of Federal, State, and other local permits required by the applicant [Application Section 11 (D)]. Please submit the information to the Planning Board for their review. 11. The Form B Decision issued by the Planning Board requires that the following materials be submitted with the Definitive Plan for the Board's review: • The plan should show the access way(s) off of the proposed cul de sac. • The plan should show the proposed buildings • The houses on the other side of Lafayette Street should be shown on the plan • • A detailed plan describing proposed roadway improvements be submitted. A detailed plan of the proposed cleanup of the parcels ■ A traffic study, which includes information concerning the traffic impacts on the area 2 • from development of the entire site. • A construction traffic management plan Public Hearing—Site Plan Review-50 Palmer Street—Salem Harbor CDC The proposed project includes the demolition of the existing structure and the construction of a new three-story residential structure with a footprint of 7,300 square feet. The new structure will include 15 units of affordable housing, which will consist of six two-unit townhouses and three single-family condominium units. The Fire Department has expressed concern regarding fire truck access to the rear of the site. The Fire Prevention Office will be sending correspondence outlining their concern. The following comments were forwarded to the applicant from the Department of Planning& Community Development and the Office of the City Engineer: ■ Site Plan Review, Section 7-18 of the Salem Zoning Ordinance,requires that the type of lighting be shown on the plan. A lighting plan is referred to on the plans, but no lighting plan was provided. Please submit the plan for the Board's review. • Site Plan Review requires the plans to show the location of snow storage. The location is mentioned in the narrative, but it also needs to be shown on the plans. Please revise the plans accordingly. ■ The trash enclosure shown on the plans is not labeled as to material, height, etc. Please revise the plans and include a detail of the proposed trash enclosure. • ■ The Environmental Impact Statement states that trash will be picked up weekly. Will the municipal trash service be used, or will a private contractor pick up the trash? Please provide this information for the Board to review. ■ The narrative states that the stormwater drainage from the parking lot will be directed to the subsurface drainage facility, but this is not shown on the plans that were submitted. Please revise the plans accordingly. ■ The plans do not refer to the maintenance of the subsurface drainage facility. Please provide a maintenance plan for the drainage facility for the Board and the City Engineer to review. Site Design Report • The document needs to be stamped and signed by a MA Civil PE. Merrimack Plans--Title Page • Note 5--72 hours notice is required. • Note 10--Final repair of road and sidewalk to be approved by Bill Merrill,Assistant Director of Public Services. He may require infrared treatment of pavement. Page 2 --Existing Conditions • Existing utilities research not adequate. • Where is the existing sewer service? If abandoned, it will have to be cut& capped at the City's main. If intending to reuse the service for the new project,it must be cleaned and CCTV,with a tape and report of the structural condition submitted to the City Engineer. Page 4 --Grading and Utilities • A capacity analysis of existing drainage is required • • More information is needed regarding how the proposed recharge facility will function (related to the drain MH) 3 • • Snow storage need to be shown • Ownership and maintenance plan for the on lot drainage needs to be provided. This is to be documented both on the design plans and the deeded documents for each owner. • What is the sump pump for? • A domestic valve is needed in the sidewalk on the water line. It must be on the public space side of the property line and in an area maintained during the winter months for emergency access. • Two new valves are needed on the water main one on each side of the new water services (fire and domestic). • A shut-off valve is needed at the new fire service water line adjacent to the connection to the City's water main. • Proposed sewer service profile--will require support connection detail(s). Show detail of new service and existing sewer main. Page 5 --Details • Will filter fabric be used with the subsurface stormwater facility?is the facility draining or recharging the water table? • Drain Manhole--will the inflow and outflow be at the same elevation? How will that work? Need details. • Driveway aprons need to be concrete cement--G inches thick with reinforcement wire. • The ends of the curb cut on the street need to be radius granite--not sloped granite. • How does overflow outlet work? • • Provide a detail of recharge area and drain manhole as a system. How does it work hydraulically? Public Hearing—Wireless Communication Facility Special Permit-1000 Loring Avenue— Bell Atlantic Mobile of Massachusetts Corporation, LTD. d/b/a Verizon Wireless This project includes the installation of eighteen (18) panel antennas on the exterior rear and sides of the building located at 1000 Loring Avenue (Loring Towers). The antennas will be painted to match the exterior color of the building and will be connected via co-axial cabling inside a cable tray that will run along the rooftop of the building to the proposed ground based equipment shelter. The ground-based shelter will be a 12' wide x 30' long equipment shelter enclosed by six-foot chain link fence with 12" of barbed wire barrier. The plans for the equipment shelter show the building as a prefab concrete structure that will stand a little over ten feet high. The plans do not specify which foundation type will be constructed for the prefab concrete equipment shelter. The plans (sheet 3) show the equipment shelter on top of an existing 12" drain line. I will be talking to the City Engineer to see if the equipment shelter will affect the drain line. Public Hearing—Amendment to Site Plan Review-2&5 Waters Street—North Rivet Redevelopment Trust The proposed amendment includes the change in material for the driveway for the units at 2 Waters Street. The change would be from concrete pavers to bituminous concrete pavement. In addition, the applicant proposes to install stamped concrete pavement for the entrance walks and install bituminous pavement for the portion of sidewalk on Buffum Street to match the existing sidewalk on Buffum Street. 4 • Salem Planning Board Minutes of Meeting Thursday, June 16, 2005 A regular meeting of the Salem Planning Board was held on Thursday, June 16, 2005 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, John Moustakis, Pam Lombardini, Gene Collins, Christine Sullivan, Tim Ready and Chuck Puleo. Also present were City Planner Lynn Duncan, Staff Planner Valerie Gingrich, and Eileen Sacco, Clerk. Members Absent: David Weiner Continuation of Public Hearing - Form C - Definitive Subdivision Cluster Residential Development, Wetland Special Permit - Osborne Hills Realty Trust - 57 Marlborough Road Walter Power read a letter from the applicant requesting that this matter be continued to July 7, 2005. Paul Durand moved to continue the public hearing to July 7, 2005, seconded by Christine Sullivan and approved. Continuation of Public Hearing - Site Plan Review - Wetland Special Permit - 319 Highland Avenue - The Richmond Company • Atty. Joe Correnti addressed the Board and explained the project. He stated that both buildings on the site, the Moose Lodge and Tony Lenas Sub shop, will be demolished. He noted that drainage on the site will change and will be in compliance with oil and gas traps proposed and there will be a higher quality of runoff as a result. He reviewed the plans for the site and the traffic circulation and parking. Frank Montero addressed the Board and stated that they have made some revisions to the plans and have extended the sidewalk to the property line and have increased the size of the trees they will plant. He also stated that they are now proposing to use vertical granite curbing on the site. Mr. Montero reviewed the elevations of the building and the proposed color scheme for the site, which will be yellow clap board. Tim Ready noted that the landscaping for the site is impressive and asked if they are planning for underground sprinklers. Mr. Montero stated that there will be sprinklers. John Moustakis asked if Irving Oil was going to run the proposed convenience store on the site. Mr. Montero stated that they would be running it. Chuck Puleo noted that the back portion of the site was a filling station for the city at one time and noted that some cleanup may be needed there. Atty. Correnti explained that a legal determination is needed and the applicant is aware of the • previous dumping on the site. He noted that Green Environmental was hired to do a phase 1 and 2 investigation and they are completing their reports now. 1 • Walter Power stated that a draft decision should be ready for the next meeting. He expressed concern about the location of the entrance and suggested bringing the driveway back, noting that he feels that there should be a separate entrance and exit. He noted that there is no left turn allowed out of Walgreens on Boston Street. Atty. Correnti noted that they will have to work with Mass Highway on that and see if they can get a larger driveway. Walter Power asked how frequently the tanker service would deliver on the site. Atty. Correnti explained that the terminal is in Revere and they will be receiving 20,000 gallons at a time with 6 deliveries per week. Chuck Puleo noted that off peak times would be preferable for a delivery schedule. Mr. Montero stated that they prefer that as well and no deliveries will be accepted during peak business hours. Walter Power questioned how many employees would be working on the site. Mr. Montero stated that they tend to over staff and that there would be no less that two people at any time with 5-6 employees during the busy times. There being no further questions or comments regarding this matter a motion was made by John Moustakis to continue the public hearing to July 7, 2005, seconded by Pam Lombardini and approved. Public Hearing - Form C Definitive Subdivision Plan and Wetlands & Flood Hazard District Special Permit - 485 Lafayette Street - Glover Estates LLC • Atty. George Atkins addressed the Board and reviewed the history of the property. He explained that they are proposing a 40B project in Marblehead of 44 units. He explained that the project will impact Salem and they are proposing improvements to Lafayette Street that will calm traffic and speed. Paul Durand suggested that a pedestrian activated light would be preferable at the intersection. Atty. Atkins stated that they are looking into the possibility of a contribution that they could make towards that. He also noted that a vehicle activated light has been requested by the Ward Councillor. Atty. Atkins stated that they have met with the City Engineer and he requested an emergency tie in for water in case of an emergency. He also noted that the Town of Marblehead and their engineer will be looking at the plan and there may be some language regarding that needed. Peter Ogden, the engineer for the project, explained the plans and noted that they would be using Marblehead sewer services on the site and the water will be looped back through Marblehead. He also explained that there will be public access to the bike path and the beach and a stone dust path will lead to the beach. Walter Power asked what kind of traffic separators they propose. Mr. Ogden stated that they are proposing a raised island with granite curbing. Bob Michaud the Traffic Consultant for the project addressed the Board and reviewed • his traffic study. He stated that a speed study showed that 30 mph is posted and people travel faster than that, (40 mph) coming into Salem. He reviewed the peak 2 • traffic times for the Salem side of the project and noted that Raymond Road has the highest amount of traffic with 200 cars in the morning and 300 cars in the evening. Lynn Duncan addressed the developer and suggested that the proposed access road be designed in consultation with Salem and Marblehead and they should sit down with both communities. Walter Power suggested that they install a tear drop island in front of the queue for left turn traffic. Mr. Ogden stated that Mass Highway standards will call for 50 feet for lane vehicles. Christine Sullivan expressed her concern that Salem is taking a burden and getting no compensation for that. Atty. Atkins noted that the traffic improvements will be a significant contribution to the City of Salem. He also noted that the number of units they are talking about is the maximum they can build and the number could go down, but will not increase. Walter Power suggested that they think about creating a pocket parking lot for the bike path noting that it is a good location for the use of people utilizing the bike path. Atty. Atkins noted that they need a Chapter 91 License for this project and it may be hard to convince the state of the need for a parking lot. Paul Durand noted that the plans call for a cul-de-sac on the Salem property and he suggested that he would rather see a park or some other nice amenity on that side. Atty. Atkins stated that they know that there is going to be an appeal and explained • that they have taken a different approach to designing this to minimize the issues on appeal. John Moustakis asked if the site has been cleaned up. Mark Roberts addressed the Board and explained the history of the contamination on the site. He estimated that the cost to clean up the site will be $3-4 million dollars and explained the process they will use to clean it up. He noted that they are dealing with the agencies and the permitting process for the cleanup. He stated that there will be stairs to the beach and will connect to the bike path along Forest River. Atty. Atkins referred to the cul-de-sac and noted that if they reach an agreement that the City will not accept the roadway, the homeowner's association will maintain it. Walter Power opened the hearing up for public comment at this time. Robert Kalas addressed the Board and expressed concern about the subdivision and approval of the road. Walter Power noted that further presentations will be made regarding this. Tim Ready addressed those present and stated that it would be helpful to the Board if people made comments. Mr. Kalas reviewed the history of the property and the contamination on the site and noted that an agreement had been made with the previous owners of the site that • their land would be cleaned by National Lead. He suggested that approval should only be granted if they meet the criteria for a Chapter 91 license, and if final approval is granted for a building permit by the Town of Marblehead and subject to 3 • the final approval of the curb cut and design of the road. He also stated that he would like to see a peer review of the traffic study. Richard Hannah, of 11 Sunset Road, addressed the Board and expressed his concern about Salem giving away quite a lot for very little compensation. He noted that traffic is a concern and stated that there are a lot of accidents, fatalities and near fatalities in that area. Fred Harney of 474 Lafayette Street addressed the Board and expressed concern about the extension of the sidewalk to Rosedale and suggested that no parking be allowed along that area of Lafayette Street. Mr. Harney also questioned whether the traffic study was done while Salem State College is in session. It was noted that the traffic study was done during exam time at Salem State College. Christine Sullivan noted that the peak traffic time in Salem is between 2:00-3:30 p.m: Sandra Austin addressed the Board and noted that this is a lengthy process and she has been through it before with the Banes and now they are going through it all over again. She cautioned the Board that this may be premature. Mark Roberts explained the process of stabilizing and removing the lead in response to Mr. Kalas' comments. 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 July 7, 2005, seconded by Christine Sullivan and approved. • Public Hearing - Site Plan Review - 50 Palmer Street - Salem Harbor CDC Atty. Bill Quinn addressed the Board and presented the plans for 15 units of housing to be constructed at 50 Palmer Street. Madeline Nash, of Salem Harbor CDC, reviewed the drawings and a rendering of the site. She explained that they are proposing townhouses with one parking space per unit. Ms. Nash explained that Salem Harbor CDC owns and manages 148 rental units in the Point Neighborhood. She noted that this is the first new construction project they have undertaken and they are proposing affordable units, which will be ownership with some rental units. The home-owners would rent the apartments to eligible tenants. Gene Collins stated that it is a refreshing approach and he likes the rental units with the ownership. Ms. Nash stated that local preference would be given for 70% of the units. Walter Power reviewed the comments from other Boards and Commissions. He noted that the fire department is concerned about rear access to the property. Atty. Quinn stated that they will be meeting with the fire department to work on that. There being no further questions or comments regarding this matter a motion was made by Gene Collins to continue the public hearing to July 21, 2005, seconded by • Christine Sullivan and approved. 4 • Public Hearing - Wireless Communications Facile Special Permit - 1000 Loring Avenue - Bell Atlantic Mobile of Massachusetts Corporation LTD d/b/a Verizon Wireless A representative of Verizon Wireless addressed the Board and made a Power Point presentation on their proposal. He explained that they propose to install a telecommunications facility at 1000 Loring Avenue. He reviewed the elevations of the building and noted that T-Mobile currently has a facility on the building as well as AT&T and wireless. He explained the system that they plan to install on the building. He stated that they feel that their system will be less intrusive than what is there now and reviewed the proposed equipment shelter and equipment. He showed a rendering of the elevation showing all of the antennas, as well as a roof top prospective of the building. He noted that the antennas will be attached to the equipment shelter and will blend in with the building, and noted the location on the plans. He also reviewed the existing conditions of the site and showed the area with the new equipment with photo simulations. Chuck Puleo asked if they have a simulation of the 12x30 facility. Walter Power referred to page 6 of the presentation and noted that it faces southwest. Chuck Puleo stated that he is concerned about visibility and noted that the others have fences around them. The representative explained that each company has their own technology requirements and noted that he did not think that what is proposed will be overly visible. He reviewed the location with the Board. • Walter Power expressed concern about the barb wire that they intend to use. The representative explained that it would be the same type that is used around power lines. He stated that he felt that this is consistent with the approved plan for AT&T. John Moustakis suggested that the Board make a condition of approval that they provide some sort of landscaping around the facility that will be subject to the approval of the city planner. Walter Power agreed and noted that he would like a condition regarding the 12-inch storm drain that crosses under the building and suggested a condition that would require approval from the engineering department. Walter Power also noted that they have a lot of electronics on that building and questioned if they have laid out what the radiation field is on that building when all equipment will be running at the same time. He also asked if anyone would be allowed on the building. The representative noted that their antennas will be mounted and people would have to be suspended to work on that. He stated that anyone who works on that will be properly equipped. Walter Power expressed concern about roofers working on the building. The representative stated that it would be posted that this is an RF Controlled area and the proper precautions will need to be taken. Walter Power asked if the precautions will be posted and the representative stated that the regulations of the FTC will be enforced and the workers should be familiar with them. • Walter Power opened the hearing up for public comment at this time. There was no one present who wished to comment on the matter. 5 • Their being no further questions or comments regarding this matter, a motion was made by Chuck Puleo to close the public hearing, seconded by John Moustakis and approved. Tim Ready moved to approve the Wireless Communications Facility Special Permit - 1000 Loring Avenue - Bell Atlantic Mobile of Massachusetts Corporation LTD, d/b/a Verizon Wireless, with the suggested conditions regarding landscaping and approval of the engineering department seconded by John Moustakis and approved unanimously. See decision dated June 16, 2005 attached hereto and hereby made a part of these minutes. Public Hearing - Amendment to Site Plan - 2&5 Water Street - North River Redevelopment Trust Atty. George Atkins addressed the Board and explained that he made a mistake and noted that the approval process was lengthy and substantial changes were made to the plan along the way. He explained that they never submitted a plan that called for an asphalt surface on the driveway and recalled that discussions were held about an inner court yard, which has been changed to a driveway. He explained that the paving system was not necessary with the revised plan and they are now asking to have that corrected in the decision to allow for the asphalt paving. The Board reviewed the proposal. Atty. Atkins noted that the pavers could cause drainage issues on the site as well. Christine Sullivan stated that this development is a spectacular development and • they should be proud of it. Atty. Atkins stated that he has heard a lot of positive comments about this project. Walter Power noted that he is still concerned about the lack of a sidewalk on the Salvation Army side of the property. He noted that they have contacted Atty. Correnti who represents them and he has brought it to the attention of the Salvation Army. He noted that the city is looking for a couple of feet from the Salvation Army. Atty. Atkins stated that his client is willing to continue the pavement along there. Valerie Gingrich reported that she talked to Atty. Correnti today and he stated that he talked with the Salvation Army and they would like a sketch of what is being proposed so that they can see what they are being asked to do and how much of their land they are being asked to give up. Walter Power asked if someone in the engineering department could do a sketch. Atty. Atkins suggested using the plan that the Salvation Army submitted and show it on there. Valerie Gingrich will work on that. Walter Power suggested that they look into a different kind of hot top that is permeable and it is called open grade. He noted that it allows a lot of percolation into the ground. He noted that the state is using it on state highways now. 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 at this time a motion was made by Christine Sullivan to approve the amendment to site plan to • allow asphalt paving in the courtyard parking area instead of pavers for 2 & 5 Water Street, seconded by John Moustakis and approved unanimously. Old/New Business 6 • Walter Power reminded the Planning Board members that a Joint Public Hearing will be held with the Salem City Council on the Rezoning of the Salem Jail parcel on June 30, 2005. Witch Hill Subdivision - Dell Street and Cedarcrest Extension Subdivision The Planning Board signed the covenants, the conveyance of easements, and the mylar for the Witch Hill Subdivision and the Cedarcrest Extension Subdivision. Atty. Atkins explained that there is a conveyance of utilities and a covenant as requested by the Planning Department and they will be recorded at the Registry of Deeds. Valerie Gingrich noted that no action is required by the Board except to sign them. 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 Tim Ready and approved. The meeting was adjourned at 11:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Planning Board PB061605 • • 7 Cl i-Y OF SALEM, MA • CITY OF SALEM CLERK'S OFFICE PLANNING BOARD INS 111W .2_3 A EN 89 Decision For The Petition of Bell Atlantic Mobile of Massachusetts Corporation d/b/a Verizon Wireless For The Property Located At 1000 Loring Avenue A Public Heating on this petition was held on June 16, 2005. The following Planning Board members were present: Walter Power, Chuck Puleo, Gene Collins,Tim Ready, Paul Durand,John Moustakis, Pam Lombardini, and Christine Sullivan. Notice of this meeting was sent to abutters and notice of the heating was properly published in the Salem Evening News. The petitioner is requesting a Wireless Communication Facility Special Permit under Section 5-3, Special Permit Uses,of the City of Salem Zoning Ordinance, to allow the installation of eighteen panel antennas and a vertical cable tray on the exterior of the building located at 1000 Loring Avenue, Salem,MA. The project will also include the installation of a 12'x30'equipment shelter on the ground adjacent to the structure. The Planning Board reviewed the application and plans submitted and found that the petitioner addressed the requirements of this section for the issuance of a Special Permit. On May 6, 2004, the Board closed the Public Hearing and voted by a vote of eight (8) in favor, none opposed, to grant the Wireless Communication Facility Special Permit for the location stated above, • in accordance with the applications (dated May 18, 2005) and site plan dated April 4, 2005, entitled "Verizon Wireless Proposed Cell Site, 1000 Loring Avenue,Salem, MA 01970," sheets 1-5, and drawn by Greenman-Pedersen, Inc., submitted and now part of the file with the following conditions: 1. The applicant shall provide a landscaping/screening plan for the equipment shelter to be approved by the City Planner prior to the issuance of a building permit. 2. The applicant, his successors or assigns shall comply with all requirements of the City Engineer. This endorsement shall not take effect until a copy of the decision bearing certification of the City Clerk that twenty (20) days have elapsed and no appeal has been filed or that if such appeal has been filed that it has been dismissed or denied,is recorded in the Essex South Registry of Deeds and is indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for recording or registering shall be paid by the owner or applicant. I hereby certify that a copy of this decision is on file with the City Clerk and that a copy of the decision and plans is on file with the Planning Board. a WAS*ib lwal& • Walter B. Power, III Chairman 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 • 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, June 2, 2005, at 7:00 PM in Room 313, Third Floor at 120 Washington Street. VjAV?~1T4 Walter B. Power, III Chairman 1. Form A—Lovett Street—Foster Court Condominiums LLC 2. Continuation of Public Hearing—Form C–Definitive Subdivision, Cluster Residential Development, Wetland Special Permit-57 Marlborough Road—Osbome Hills Realty Trust (This item will be continued to June 16, 2005) • 3. Continuation of Public Hearing—Site Man Review, Wetland Speeia! Permit-319 Highland Avenue—The Richmond Company, Inc. (This item will be continued to June 16, 2005) 4. Public Hearing—Form C Definitive Subdivision Plan and Wetlands & Flood Hazard District Special Permit-485 Lafayette Street—Glover Estates, LLC (This item will be continued to June 16, 2005) 5. Public Hearing—Site Plan Review-50 Palmer Street—Salem Harbor CDC (This item will be continued to June 16, 2005) 6. Public Hearing—Waiver from Frontage Requirements-69 Boston Street—George Van Cott, Trustee of the 69 Boston Street Realty Trust 7. Public Hearing---Wetlands & Flood Hazard District Special Permit-20 Pierce Avenue—Massachusetts Electric Company 8. Approval of Minutes -April 7, 2005 -April 21, 2005 • 9. Old/New Business 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, Staff Planner Department of Planning& Community Development DATE: May 26, 2005 RE: Agenda June 2, 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. Form A—Lovett Street—Foster Court Condominiums LLC This Form A divides an existing non-buildable lot into three new lots that will be combined with adjacent lots. The Form A also combines lot Z (which contains a drainage facility and easement) with lot 2A. • Continuation of Public Hearing—Form C–Definitive Subdivision, Cluster Residential Development,Wetland Special Permit-57 Marlborough Road—Osborne Hills Realty Trust Continuation of Public Hearing—Site Plan Review,Wetland Special Permit-319 Highland Avenue—The Richmond Company, Inc. The proposed project includes the demolition of the existing buildings (Moose Lodge and Tony Lena's) and the construction of a retail building with a footprint of 5,534 square feet. The retail building will consist of a convenience store and a bank branch with drive-thru window. The project includes the construction of sic fuel-dispensing islands with a canopy located overhead. The project also includes the construction of a right turning lane from Highland Avenue onto Swampscott Road. A copy of the traffic assessment is included in this packet. Review: The following comments were submitted to the applicant from the Department of Planning& Community Development: • The Entrance Corridor Overlay District [Section 7-19 of the Salem Zoning Ordinance] requires that landscaping include one tree of 3 1/2-4" caliper for each three parking spaces. Trees are to be planted in plant beds bounded by six-inch granite curbing. However, the site plan that was submitted to the Planning Board shows 2-2 '/z" caliper trees. In addition, the plans show concrete curbing stead of vertical granite curbing. Please revise the plans • accordingly. 1 1'20 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM • accordingly. • The Environmental Impact Statement that was submitted to the Planning Board refers to a traffic study that was done for the site. Please submit copies of the traffic study to the Board for review. • The submitted plans show landscaping along Swampscott Road with the sidewalk ending at the corner of Highland Avenue and Swampscott Road. However, the concrete sidewalk should wrap around the entire site continuing along Swampscott. The sidewalk should include handicap ramps at the access drive off of Swampscott Road. ■ The three parking spaces closest to Highland Avenue at the customer service area should be eliminated in order to provide increased vehicular safety. Cars backing out of those spaces will contest with cars entering the site from Highland Avenue. The area should be added to the landscape area. In addition, the tree shown on the corner of the property at Highland Avenue should be moved back off the street to provide better site distances for the drivers turning into the site from Highland Avenue. ■ The submitted plans do not show the location of the bank drive thru window. Please show the location on the site plan in order for the Board to determine whether there is adequate area for cars queuing for the drive thin. • The elevations that were submitted to the Board show glass panels for the lower portion of • the fa4ade of the convenience store. Since these areas tend to be filled with displays and merchandise, the glass panels should be replaced with clapboard to be consistent with the building design. ■ The plans show the proposed site fighting, but they do not show the lighting that will be affixed to the building. Please include this information on the plans in order for the Board to determine whether the parking areas and walkways around the building are adequately lit. ■ The detail sheets that were submitted do not specify colors for the proposed bollards, light fixtures, etc. Please include proposed colors on the revised plans. Public Hearing—Form C Definitive Subdivision Plan and Wetlands & Flood Hazard District Special Permit—485 Lafayette Street—Glover Estates, LLC This Form C—Definitive Subdivision Plan subdivides the parcel into two new parcels along the city/town boundary. The plan also shows the construction of a new roadway. The plans for this application were sent to you in the previous packet. I forwarded the following comments to the applicant regarding the proposed subdivision: 1. The Subdivision Regulations require that an Environmental Impact Statement be submitted for the Board's review. • 2. The Subdivision Regulations require a statement describing conformance with the Master Plan or reasons for nonconformity [Section III (B)(2)(s)]. Please submit the required 2 • information to the Planning Board. 3. The Subdivision Regulations require a certified statement as to encumbrances existing upon the land at the time of filing. 4. The Subdivision Regulations require that the plan show the location, names, and present widths of streets bounding, approaching or within reasonable proximity of the subdivision. Please show the width of Lafayette Street on the plans. 5. The Subdivision Regulations require dead-end streets to have a turnaround having a curb- face to curb-face roadway diameter of at least ninety (90) feet. The cul de sac shown on the submitted plans is less than the required ninety feet. 6. The submitted plans do not clearly show what material is proposed for the sidewalk along Tides Lane. Concrete sidewalks have become a standard requirement for sidewalks. 7. There is no street lighting shown on the plans. Please provide the Board with a lighting plan. 8. There are no fire alarm boxes shown on the plan. Please provide the Board with a revised plan. 9. The proposed drainage system for the roadway is not shown in detail. Please submit a detail of the proposed roadway drainage for the Board and the office of the City Engineer to • review. 10. The application for a Wetlands & Flood Hazard District Special Permit requires a list of Federal, State, and other local permits required by the applicant [Application Section II (D)]. Please submit the information to the Planning Board for their review. 11. The Form B Decision issued by the Planning Board requires that the following materials be submitted with the Defirritive Plan for the Board's review: • The plan should show the access way(s) off of the proposed cul de sac. ■ The plan should show the proposed buildings ■ The houses on the other side of Lafayette Street should be shown on the plan ■ A detailed plan describing proposed roadway improvements be submitted. ■ A detailed plan of the proposed cleanup of the parcels ■ A traffic study, which includes information concerning the traffic impacts on the area from development of the entire site. • A construction traffic management plan Public Hearing—Waiver from Frontage Requirements-69 Boston Street—George Van Cott, Trustee of the 69 Boston Street Realty Trust This request for a waiver from Frontage Requirements includes dividing the existing parcel (12,009 square feet, fronting on Boston Street and Putnam Street) into two new parcels, Lot 1 and Lot 2. • Lot 1 will have 50.35 feet of frontage along Boston Street and a lot area of 4,206 square feet. Lot 2 will have 64.02 feet of frontage along Putnam Street with a lot area of 7,804 square feet. The applicant has received variances from the Zoning Board of Appeals for the proposed subdivision. 3 • Public Hearing—Site Plan Review-50 Palmer Street--Salem Harbor CDC The proposed project includes the demolition of the existing structure and the construction of a new three-story residential structure with a footprint of 7,300 square feet. The new structure will include 15 units of affordable housing,which will consist of six two-unit townhouses and three single-family condominium units. The following comments were forwarded to the applicant from the Department of Planning& Community Development and the Office of the City Engineer: • Site Plan Review, Section 7-18 of the Salem Zoning Ordinance, requires that the type of lighting be shown on the plan. A lighting plan is referred to on the plans, but no lighting plan was provided. Please submit the plan for the Board's review. • Site Plan Review requires the plans to show the location of snow storage. The location is mentioned in the narrative, but it also needs to be shown on the plans. Please revise the plans accordingly. ■ The trash enclosure shown on the plans is not labeled as to material, height, etc. Please revise the plans and include a detail of the proposed trash enclosure. ■ The Environmental Impact Statement states that trash will be picked up weekly. Will the municipal trash service be used, or will a private contractor pick up the trash? Please • provide this information for the Board to review. ■ The narrative states that the stormwater drainage from the parking lot will be directed to the subsurface drainage facility, but this is not shown on the plans that were submitted. Please revise the plans accordingly. ■ The plans do not refer to the maintenance of the subsurface drainage facility. Please provide a maintenance plan for the drainage facility for the Board and the City Engineer to review. Site Design Report • The document needs to be stamped and signed by a MA Civil PE. Merrimack Plans--Title Page • Note 5--72 hours notice is required. • Note 10--Final repair of road and sidewalk to be approved by Bill Merrill,Assistant Director of Public Services. He may require infrared treatment of pavement. Page 2 --Existing Conditions • Existing utilities research not adequate. • Where is the existing sewer service? If abandoned,it will have to be cut& capped at the City's main. If intending to reuse the service for the new project, it must be cleaned and CCTV, with a tape and report of the structural condition submitted to the City Engineer. • Page 4 --Grading and Utilities 4 • • A capacity analysis of existing drainage is required • More information is needed regarding how the proposed recharge facility will function (related to the drain MH) • Snow storage need to be shown • Ownership and maintenance plan for the on lot drainage needs to be provided. This is to be documented both on the design plans and the deeded documents for each owner. • What is the sump pump for? • A domestic valve is needed in the sidewalk on the water line. It must be on the public space side of the property line and in an area maintained during the winter months for emergency access. • Two new valves are needed on the water main one on each side of the new water services (fire and domestic). • A shut-off valve is needed at the new fie service water line adjacent to the connection to the City's water main. • Proposed sewer service profile--will require support connection detail(s). Show detail of new service and existing sewer main. Page 5 --Details • Will filter fabric be used with the subsurface stormwater facility? is the facility draining or recharging the water table? • Drain Manhole--will the inflow and outflow be at the same elevation? How will that work? • Need details. • Driveway aprons need to be concrete cement--6 inches thick with reinforcement wite. • The ends of the curb cut on the street need to be radius granite--not sloped granite. • How does overflow outlet work? • Provide a detail of recharge area and drain manhole as a system. How does it work hydraulically? Revised plans and copies of the correspondence are included in this packet. Public Hearing---Wetlands & Flood Hazard District Special Permit-20 Pierce Avenue— Massachusetts Electric Company The project involves the placement of a temporary sediment stockpile associated with the installation of three temporary test management trenches. Work also includes beach capping by placing a geo-textile material and riprap cover in the V3 zone. The applicant has fled with the Conservation Commission and the application is under review at this time. The following comments have been forwarded to the applicant: • What is the proposed timing for the project? When will it start and how long will it take? • Will there be a protective membrane to keep the stockpiled sediment from leaching into the ground? • ■ How will dust from the stockpile be controlled? A truck traffic management plan needs to be submitted to the Department of Planning& Community Development prior to any work being done. 5 . Salem Planning Board Minutes of Meeting Thursday, June 2, 2005 A regular meeting of the Salem Planning Board was held on Thursday, June 2, 2005 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, Gene Collins, Christine Sullivan, Tim Ready and Chuck Puleo. Also present were City Planner Lynn Duncan, Staff Planner Valerie Gingrich, and Eileen Sacco, Clerk. Members Absent: John Moustakis, Pam Lombardini, David Weiner Form A - Foster Court Condominiums LLC - Lovett Street Chris Mello addressed the Board and explained a Form A plan for Foster Court Condominiums LLC. He explained that endorsement of the plan would allow for lot 2B on the plan. There being no comments or questions regarding this matter a motion was made by Gene Collins to approve the Form A for Foster Street Condominiums LLC, seconded by Christine Sullivan and approved. Continuation of Public Hearing - Form C - Definitive Subdivision, Cluster Residential • Development. Wetland Special Permit - Osborne Hills Realty Trust - 57 Marlborough Road Walter Power read a letter from the applicant requesting that this matter be continued to June 16, 2005. Paul Durand moved to continue the public hearing to June 16, 2005, seconded by Christine Sullivan and approved. Continuation of Public Hearing - Site Plan Review - Wetland Special Permit - 319 Highland Avenue - The Richmond Company Walter Power read a letter from Atty. Joseph Correnti requesting that the matter be continued to June 16, 2005. Gene Collins moved to continue the public hearing to July 16, 2005 seconded by Paul Durand and approved. Public Hearing - Form C Definitive Subdivision Plan and Wetlands & Flood Hazard District Special Permit - 485 Lafayette Street - Glover Estates, LLC Walter Power read a letter from the applicant requesting that this matter be continued to June 16, 2005. Paul Durand moved to continue the public hearing to June 16, 2005, seconded by Christine Sullivan and approved. Public Hearing - Waiver from Frontage Requirements - 69 Boston Street - George Van Cott, Trustee of 69 Boston Street Realty Trust Atty. Jack Keilty addressed the Board and explained the request for a waiver from . frontage for 69 Boston Street Realty Trust. He noted that they are working with Historic Salem Inc. to preserve the house and they are seeking variances regarding setbacks as well as the Waiver from Frontage. Attorney Keilty also explained that the plans call for six parking spaces. • Christine Sullivan asked if the neighborhood is happy with these plans. Walter Power opened the hearing up for public comment at this time. A representative of the Ward Four Neighborhood Association addressed the Board and stated that neighborhood meetings have been held on this and they are in agreement with the project. Meg Twohey of Historic Salem Inc. addressed the Board and stated that the Pope House has historic significance and recommended that the owner put the project out to bid so that qualified bidders can renovate and retain the historic features of the house. There being no further questions or comments regarding this matter a motion was made by Gene Collins to close the public hearing, seconded by Paul Durand and approved. Christine Sullivan moved to grant the Waiver from Frontage for 69 Boston Street, seconded by Gene Collins and approved. Walter Power noted that this is also an application for a Form A. Christine Sullivan moved to approve the Form A for 69 Boston Street, seconded by Paul Durand and approved. • Public Hearing - Site Plan Review - 50 Palmer Street - Salem Harbor CDC Walter Power read a letter from the applicant requesting that this matter be continued to June 16, 2005. Paul Durand moved to continue the public hearing to June 16, 2005, seconded by Christine Sullivan and approved. Public Hearing - Wetlands & Flood Hazard District Special Permit - Massachusetts Electric Company - 20 Pierce Avenue Ken Fields addressed the Board and explained that this request is related to some testing that they will be doing on the site. He noted that they will be digging trenches and test pits to collect subsurface liquid as part of the ongoing clean up of the site. He further explained that the material will flow in the trenches and be collected and tested for effectiveness. The material will be dewatered before it is removed from the site and will be disposed of off site. He also noted that they will be installing hay bales and a silt fence on the site. Mr. Fields also noted that they will temporarily stockpiling for the purposes of the dewatering process prior to removal from the site. He also explained that by law the material must be removed from the site within 90 days. He,stated that the area would be returned to its normal state upon the completion of the testing. Mr. Fields noted that the Salem Conservation Commission approved this project last year. • Walter Power opened the hearing up for public comment at this time. There was no one present who wished to comment on the matter. 2 • There being no further questions or comments regarding this matter a motion was made by Gene Collins to close the public hearing, seconded by Christine Sullivan and approved. Gene Collins moved to approve the Wetlands & Flood Hazard District Special Permit for Massachusetts Electric Company site located at 20 Pierce Avenue, seconded by Christine Sullivan and approved. Approval of Minutes The minutes of the Planning Board meetings held on April 7, 2005 and April 21, 2005 were presented for approval. Chuck Puleo moved approval of the April 7, 2005 minutes, seconded by Tim Ready and approved. Christine Sullivan moved approval of the April 21, 2005 minutes as amended, seconded by Paul Durand and approved. Old/New Business Walter Power reminded the Planning Board members that a Joint Public Hearing will be held with the Salem City Council on the Rezoning of the Salem Jail parcel on June 30, 2005. Walter Power also noted that members should try to make all of the meetings, noting • that many of the items on tonight's agenda were continued because we had three members missing. He also noted that something needs to be done to address the six-member rule as there has to be an option for members who cannot make meetings. 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 Tim Ready and approved. The meeting was adjourned at 8:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Planning Board PB060205 • 3 3v� CITY OF SALEM ' PLANNING BOARD Notice of Meeting You are hereby notified that the Salem Planning Board will hold its regular meeting on Thursday, May 19, 2005, at 7:00 PM in Room 313,Third Floor �at/120 Washington Street. Walter B. Power, III Chairman 1. Form A-17 Rockdale Avenue—William & Carol Kenney 2. Continuation of Public Hearing—Form C–Definitive Subdivision, Cluster Residential Development, Wetland Special Permit-57 Marlborough Road—Osbome Hills Realty Trust • 3. Continuation of Public Hearing—Site Plan Review, Wetland Special Permit-319 Highland Avenue—The Richmond Company, Inc. 4. Public Hearing—Form C Definitive Subdivision Plan and Wetlands & Flood Hazard District Special Permit—485 Lafayette Street—Glover Estates, LLC S. Public Hearing—Waiver From Frontage Requirements-104 & 106 Bayview Avenue—Scott & Lucie Patrowicz and Gifford & Ann Scott 6. Public Hearing—Waiver From Frontage Requirements-65 Jefferson Avenue-65 R & C Realty Trust 7. Recommendation to the City Council on Zoning Amendment ■ Section 9-6 Amendments—Requirement of stamped plan 8. Approval of Minutes ■. April 7, 2005 ■ April 21, 2005 9. Old/New Business • 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, Staff Planner Department of Planning& Community Development DATE: May 10, 2005 RE: Agenda–May 19, 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 311, if you have any questions pertaining to the agenda items. Form A-17 Rockdale Avenue—William & Carol Kenney This Form A divides the existing 16,815 square foot lot into two new lots along Rockdale Avenue. Lot 1 will have an area of 10,737 square feet and Lot 2 will have an area of 6,078 square feet. The Zoning Board of Appeals granted a variance from lot size to enable the applicant to subdivide the lot. The decision is included in this packet. Both lots have adequate lot width and this plan is • appropriate for the Board to sign. The applicant has stated that the curb cut for Lot 2 will be on Rockdale Avenue and not on Marlborough Road. Continuation of Public Hearing—Form C–Definitive Subdivision, Cluster Residential Development, Wetland Special Permit-57 Marlborough Road—Osborne Hills Realty Trust The addendum to the traffic study is included in this packet. Please review the document. I have also included a parcel map of the land adjacent to the Osborne Hills parcel. Meeting Topic: We will be discussing the findings of the site visit at the next meeting. Ken Petraglia from HDR Engineering will attend the meeting to hear the Board's concerns regarding traffic issues. Public Hearing—Site Plan Review, Wetland Special Permit-319 Highland Avenue—The Richmond Company, Inc. The proposed project includes the demolition of the existing buildings (Moose Lodge and Tony Lena's) and the construction of a retail building with a footprint of 5,534 square feet. The retail building will consist of a convenience store and a bank branch with drive-thru window. The project includes the construction of sir fuel-dispensing islands with a canopy located overhead. The project also includes the construction of a right turning lane from Highland Avenue onto Swampscott Road. The plans for this application were included in the last packet. • 1 120'WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM Review: • The following comments were submitted to the applicant from the Department of Planning& Community Development: ■ The Entrance Corridor Overlay District [Section 7-19 of the Salem Zoning Ordinance] requires that landscaping include one tree of 3 '/24" caliper for each three parking spaces. Trees are to be planted in plant beds bounded by six-inch granite curbing. However, the site plan that was submitted to the Planning Board shows 2-2 '/x" caliper trees. In addition, the plans show concrete curbing stead of vertical granite curbing. Please revise the plans accordingly. ' • The Environmental Impact Statement that was submitted to the Planning Board refers to a traffic study that was done for the site. Please submit copies of the traffic study to the Board for review. ■ The submitted plans show landscaping along Swampscott Road with the sidewalk ending at the comer of Highland Avenue and Swampscott Road. However, the concrete sidewalk should wrap around the entire site continuing along Swampscott. The sidewalk should include handicap ramps at the access drive off of Swampscott Road. ■ The three parking spaces closest to Highland Avenue at the customer service area should be eliminated in order to provide increased vehicular safety. Cars backing out of those spaces will contest with cars entering the site from Highland Avenue. The area should be added to the landscape area. In addition, the tree shown on the corner of the property at Highland Avenue should be moved back off the street to provide better site distances for the drivers • turning into the site from Highland Avenue. ■ The submitted plans do not show the location of the bank drive thin window. Please show the location on the site plan in order for the Board to determine whether there is adequate area for cars queuing for the drive thru. • The elevations that were submitted to the Board show glass panels for the lower portion of the fa4ade of the convenience store. Since these areas tend to be filled with displays and merchandise, the glass panels should be replaced with clapboard to be consistent with the building design. • The plans show the proposed site lighting, but they do not show the lighting that will be affixed to the building. Please include this information on the plans in order for the Board to determine whether the parking areas and walkways around the building are adequately ht. • The detail sheets that were submitted do not specify colors for the proposed bollards, light fixtures, etc. Please include proposed colors on the revised plans. Public Hearing—Form C Definitive Subdivision Plan and Wetlands & Flood Hazard District Special Permit—485 Lafayette Street—Glover Estates,LLC This Form C—Definitive Subdivision Plan subdivides the parcel into two new parcels along the city/town boundary. The plan also shows the construction of a new roadway. • I forwarded the following comments to the applicant regarding the proposed subdivision: 2 lo • 1. The Subdivision Regulations require that an Environmental Impact Statement be submitted for the Board's review. 2. The Subdivision Regulations require a statement describing conformance with the Master Plan or reasons for nonconformity [Section III (B)(2)(s)]. Please submit the required information to the Planning Board. 3. The Subdivision Regulations require a certified statement as to encumbrances existing upon the land at the time of filing. 4. The Subdivision Regulations require that the plan show the location, names, and present widths of streets bounding, approaching or within reasonable proximity of the subdivision. Please show the width of Lafayette Street on the plans. 5. The Subdivision Regulations require dead-end streets to have a turnaround having a curb- face to curb-face roadway diameter of at least ninety (90) feet. The cul de sac shown on the submitted plans is less than the required ninety feet. 6. The submitted plans do not clearly show what material is proposed for the sidewalk along Tides Lane. Concrete sidewalks have become a standard requirement for sidewalks. 7. There is no street lighting shown on the plans. Please provide the Board with a lighting plan. • 8. There are no fire alarm boxes shown on the plan. Please provide the Board with a revised, plan. 9. The proposed drainage system for the roadway is not shown in detail. Please submit a detail of the proposed roadway drainage for the Board and the office of the City Engineer to review. 10. The application for a Wetlands & Flood Hazard District Special Permit requires a list of Federal, State, and other local permits required by the applicant [Application Section II (D)]. Please submit the information to the Planning Board for their review. 11. The Form B Decision issued by the Planning Board requires that the following materials be submitted with the Definitive Plan for the Board's review: • The plan should show the access way(s) off of the proposed cul de sac. • The plan should show the proposed buildings ■ The houses on the other side of Lafayette Street should be shown on the plan • A detailed plan describing proposed roadway improvements be submitted. • A detailed plan of the proposed cleanup of the parcels • A traffic study, which includes information concerning the traffic impacts on the area from development of the entire site. • A construction traffic management plan • Public Hearing—Waiver From Frontage Requirements-104& 106 Bayview Avenue—Scott& 3 Lucie Patrowicz and Gifford &Ann Scott • This request for a waiver from frontage requirements will correct an existing encroachment. The lot line will be shifted six inches in order for the existing house to be completely on the lot. The two lots are located in the Willows neighborhood,which is right, so the nonconforming lot width of 106 Bayview Avenue will be decreased by six inches. This will not however affect the existing access to the site. Public Hearing—Waiver From Frontage Requirements-65 Jefferson Avenue-65 R&C Realty Trust This request for a waiver from frontage requirements is to subdivide the existing lot into two new lots. Lot 1B will have an area of 62,700 square feet and as you all know will be the future home of Jeffery Brothers. Lot 1A will have an area of 16,973 square feet and a lot width of approximately 140 feet. The lot width requirement in the Industrial zone is 150 feet. The lot will be subdivided along the building line of the one-story wooden frame structure. The Board of Appeals granted variances for the property to be subdivided and the ZBA decision is included in this packet. Recommendation to the City Council on Zoning Amendment Section 9-6 Amendments—Requirement of stamped plan The proposed amendment will delete a requirement of Section 9-6 of the Zoning Ordinance. This Section of the Zoning Ordinance deals with Amendments to the Zoning Ordinance, and states that "The plan (for changing the boundary lines of zoning districts) shall be prepared by a registered land surveyor and his official stamp or seal shall be affixed to the plan." The proposed amendment to eliminate the requirement (as quoted above) was brought to the City • Council by Councilor Sosnowski. The proposed amendment eliminates the requirement of a signed and stamped plan for zoning amendments only. The planning board will continue to require plans that are signed and stamped by a registered land surveyor or professional engineer for their applications. 4 • Salem Planning Board Minutes of Meeting Thursday, May 19, 2005 A regular meeting of the Salem Planning Board was held on Thursday May 19, 2005 in the third floor conference room at 120 Washington Street, Salem, Massachusetts at 7:00 p.m. Those present were: Walter Power, Paul Durand, John Moustakis ,Pam Lombardini, Christine Sullivan, Gene Collins, Chuck Puleo, Tim Ready and David Weiner. Also present was, Staff Planner Valerie Gingrich, and City Planner Lynn Duncan. Members Absent: None Form A - 17 Rockdale Avenue - William and Carol Kenney Mr. Kenney addressed the Board and explained the Form A plan. He reviewed the plans with the Board and noted that the driveway will be facing Rockdale Avenue to alleviate the need to back out on to Marlborough Road. He also noted that they received a variance from the Board of Appeal. There being no further questions or comments from the Board a motion was made by Gene Collins to approve the Form A for 17 Rockdale Avenue, seconded by Pam Lombardini and approved (9-0). Public Hearing Form C - Definitive Subdivision Plan and Wetlands Flood Hazard • District Special Permit - 485 Lafayette Street Atty. George Atkins addressed the Board and explained that they were requesting to continue the public hearing to June 2, 2005 because there was a defect in the abutters list obtained from the Assessors office. He stated that they would be re- advertising and notifying abutters again. John Moustakis moved to continue the public hearing to June 2, 2005, seconded by Paul Durand and approved (9-0). Public Hearing - Site Plan Review - Wetland Special Permit - 319 Highland Avenue - The Richmond Company Atty. Joseph Correnti addressed the Board and explained that this is the site of the Moose Lodge and Tony Lena's Sub Shop at the corner of Highland Avenue and Swampscott Road. He noted that the corner is a much busier corner since the widening of Swampscott Road. He also noted that it is a valuable site for retailers. He explained that they are proposing demolition of both buildings and construction of a new building that will house a convenience store and bank branch with a gas station with six pumping stations owned by Irving Oil. Atty. Correnti noted that this will be the only gas station on Highland Avenue from Floating Bridge in Lynn down to this site on both sides. Atty. Correnti also explained that they are proposing the addition of a turning lane at the corner which will be a right turn lane on Highland Avenue onto Swampscott Road • to alleviate the traffic in that area. He noted that they feel that this is an improvement that the developer has been working on this for several months and 1 have held meetings with the Planning Department regarding this. He noted that the • traffic on Swampscott Road has increased significantly and will be improved by this. He noted that the traffic consultant and the civil engineer are present this evening to review the plans as well as representatives of the Richmond Company, Irving Oil, and the Bank are present as well. Atty. Correnti noted that procedurally the property was the subject of a rezoning last December from BPD to B2 Business Highway use and is suitable to the neighborhood. He noted that they have designed the project to meet B2 Highway standards. He also noted that they have filed a Notice of Intent with the Conservation Commission and the process is running simultaneously with this process. Atty. Correnti introduced Mr. David Latullip from the Richmond Company to address the Board. Mr. Latullip addressed the Board and explained their experience with development in surrounding cities and towns. He noted that Councillor Pelletier has been assisting them in getting the word out to the neighbors and the neighbors have been supportive. He noted that they met with neighbors and the condo association. Atty. Correnti introduced Mr. Harrington from Northshore Bank. Mr. Harrington addressed the Board and explained that they have been in Salem for a number of years and they are excited about having a full service branch with a drive up window and this gives them an opportunity to better serve customers in that area. Atty. Correnti introduced Frank Montero the Engineer for the project to review the project. He explained that they propose to demolish the existing buildings on the • site and construct a new building which will house the convenience store and the bank. He noted that the building will be 5500 s.f., 3,500 for the store and 2000 for the bank. He also noted that there will be a canopy out front for the 6 gas pumping stations. He noted that the design is at an angle for utilization of the gas pumps. Mr. Montero explained the parking on the site. He noted that the Convenience Store has parking directly in front of the store with additional parking elsewhere on the site for the Bank. He explained the drive up lanes and the plans for circulation on the site. He also noted that there will be vacuums on the site as well. Mr. Montero stated that they have proposed a significant increase in landscaping on the site. He explained the locations on the plan and noted that they are donating a strip of land to the state for turning lane and are proposing a landscaping strip on the corner as well. He noted that there will be a big improvement on the site. Mr. Montero explained the drainage on the site and noted that the site is presently sheet flow with no storm water management and they are proposing vertical granite curbing on the site and installing catch basins and piping the entire site through a central detention pond located under the paving which will discharge down the side to the existing embankment. John Moustakis asked if the curb cut on Swampscott Road is an in and out curb cut. Mr. Montero explained the access and the circulation of the site. David Weiner asked if they will exit on Highland Avenue. Mr. Montero explained the • access on the site. 2 Mr. Montero explained that the storm water system has two storm septor units as • part of the drainage system to contain any spillage that may happen on site. He also noted that there will be hooded outlets on each catch basin. Chuck Puleo asked what the maximum number of cars was for the cuing lane. Mr. Montero stated that the lane is 100 feet long and can cue five cars. He also noted that there is a bypass lane and an overflow lane. He noted that the traffic consultant feels that there is more than adequate space proposed compared to what is expected for traffic on the site. Chuck Puleo noted the location of the trash dumpster and asked if they plan to fence that in. Mr. Montero noted that the dumpster would be fenced in. David Weiner questioned the method of deliveries for fuel and the convenience store and the proposed circulation on the site. Mr. Montero explained that the delivery trucks would enter and go around the back of the site and off load on the passenger side of the truck. He explained that the site is designed so that the truck is shielding the site from customers using the site at that time. He estimated that fuel deliveries would be made once a week. John Moustakis asked where the snow storage locations are. Mr. Montero noted the snow storage locations on the plan and noted that they are not within the 100 foot buffer zone. Paul Durand asked if the utilities would be underground. Mr. Montero explained that the utilities on the site would be underground. • Walter Power questioned the entrance point and suggested that they move it further south for a nice curved entrance way. He also expressed his concern about the cue lane and the amount of cars that will be waiting, noting if the entrance were down further that may address that. Mr. Montero stated that they would take a look at that. Walter Power asked if there was a drive-thru proposed for the convenience store. Mr. Montero stated that you can only have one drive-thru on the site and they are proposing one for the bank. A discussion was held on the flow of the traffic on the site and the situating of the gas pumps. Christine Sullivan asked who would be building the right turn lane. Mr. Montero explained that the developer would build it. Ms. Sullivan expressed relief that we did not have to wait for the state to construct it. Atty. Correnti introduced Art Scornio to address the Board. He addressed the Board and explained the right turn lane on the corner and the proposal for that. He noted that it will be about 20 feet noting that this will be a substantial land donation. He noted that there are 5 utility poles on the site that will have to be relocated for this project. He noted that they have been working on this with Mass Highway. He also explained the cue lanes proposed and their purpose. He stated that the level of service in that area will be improved to an F to level service D. He further noted that it will be a huge improvement to the area. Mr. Scornio explained the construction of the turning lane and the impact it will have on the area. Walter Power suggested that any approval would have to coincide with 3 the construction of the proposed deceleration lane that the Board has been planning is for years. He explained that the Board has received right of ways and easements etc. from Home Depot. Mr. Scornio stated that this project does not work without this turning lane and they have submitted 100% design plans to Mass Highway and received comments back. He also noted that they have dealt with the utility companies as well. He stated that he anticipates that they will have final comments back to coincide with the approval of this project. Lynn Duncan asked them to explain the process. Mr. Scornio stated that they filed for the MEPA process and no further MEPA action is required. He explained that they are reviewing the design now. He also noted that the state looks at this as a safety improvement project which will be a benefit to their corridor and they are not paying for it. He also noted that as soon as an approval is granted they will get an access permit to construct this portion of the road and do the work. Atty. Correnti stated that they have presented this as part of their presentation for information. He noted that the only thing that can mess this up is if the Planning Board tells them they don't want it. He noted that they have gone so far down the road which is unprecedented based in informal discussions with the planning department. David Weiner asked what the width of the right turn lane is and when does the driver get into their own lane. Mr. Scornia stated that is 160 feet of left turn and a taper of 70 feet and estimated 8 cars. He explained the length of the lanes and estimated it • is an 11 foot travel lane. He noted that there will be a shorter cue than what is there today. Walter Power stated that he is concerned about people using the site as a bypass. Mr. Scornio explained how that is not possible and explained the plans. He stated that they designed this so that it is not conducive to cut through and bypass. He noted that the Moose is not occupied and people could cut through but they have made that undesirable in this plan, noting that there is no way to really prevent that. Atty. Correnti noted that they cannot solve all of the problems on Highland Avenue but they are making a significant improvement. He also noted that they have been provided with comments from the Planning Department which call for a traffic study and they will have that available at the next meeting. Ward Four Councillor Leonard O'Leary addressed the Board and noted that the Moose erected the barrier on the site out of concern for traffic leaving the site. He suggested that he would like to see the entrance on Swampscott Road. He noted that he is in favor of the plan. He also questioned what the hours of operation will be and if the customers will have to go inside to pay. A representative of Irving Oil addressed the Board and stated that they typically do not run 24 hour stores. He stated that they will probably open at 6:00 a.m. and close at 11:00 p.m. He also stated that credit and debit cards can be used at the pump but customers paying cash will be assisted by employees. 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 June 2, 2005, seconded by Gene Collins and approved (9-0). 4 Continuation of Public Hearing - Form C - Definitive Subdivision Plan - Cluster • Residential Development, Wetland Special Permit - 57 Marlborough Road - Osborne Hills Realty Trust Atty. Brian McGrail addressed the Board and thanked the Board for attending the site visit held on Saturday. He noted that many of the neighbors attended and offered to schedule another time through the Planning Department for anyone who did not have an opportunity to join them on the site visit. Walter Power noted the location of the road in relation to the wetland and asked if they show that on the plan. Atty. McGrail noted that Mr. Mello is unable to be here this evening and noted that some questions were raised at the site visit regarding how the open space will be laid out in relation to the road and deferred questions regarding that for the next meeting when Mr. Mello will be present. Walter Power asked him to let him know that it is a concern and noted that he has other concerns regarding the first cluster and the bridge proposed as well. Atty. McGrail stated that he knows that these things need to be addressed and a lot of this information depends on the layout of the roadways. Christine Sullivan stated that her memory of the original site plan was one flat piece of land with house lots and road around it. She questioned what they can really build on that land if it is not a cluster. She stated that she really feels the Board needs to use that as a reference in deliberating on this. She noted that she sees no way that they can cookie cut house lots as that land is not flat. Walter Power explained his interpretation of the site. Christine Sullivan stated that she would like Mr. Mello to determine what that plan would be if they build by right. She requested • information on the real number of lots than can be built. Paul Durand noted that the question has been asked from day one. Atty. McGrail noted that they realize there are questions regarding topography. Gene Collins noted that the original plan was not a cluster plan. Lynn Duncan noted that from an engineering prospective it can be done but the question is would the cost be feasible to do that. Christine Sullivan stated that she would like to know how many houses and what's the most profitable use of the land and how much they can do with the cluster now that the Board has all seen the land. Lynn Duncan suggested that the Board can review that plan further if the Board wishes. Atty. McGrail stated that if the Board wants more information on the cutting and filling to build the plan they can provide that. Lynn Duncan suggested that the engineering department could take a look at the plan and give an opinion of the proposed layout and the work that would need to be done. Walter Power noted that the Board has had detailed plans showing the topography and suggested that they take a red pen and superimpose the conventional plan over the cluster. Paul Durand suggested that the Board needs to discuss how much of the site they may factor down with Mr. Mello and discuss how much of the by right plan is practical. • 5 Gene Collins noted that the Board directed them to design a cluster plan. Paul • Durand agreed but noted that they also wanted a base line of what the by right plan would be so that they could have something to compare. Gene Collins stated that he did not feel that it was fair to direct them to one thing and then change it now. David Weiner suggested that they put a transparency over the plan. Christine Sullivan explained that when she voted for a cluster plan she was not voting for a cluster development and have that be final. She noted that the Board did not mandate a cluster and stated that she wanted something to compare. Paul Durand noted that the board needs to know how much practical use of the land there is. Tim Ready stated that he agreed that they need that information to make an informed decision for the neighborhood. Walter Power addressed the developer and suggested that the two clusters should be connected that go out to Marlborough Road. He noted that we have a major intersection that is being redesigned and it is an intersection that can really handle the flow. He noted that Barcelona is not appropriate for that. Lynn Duncan noted that the traffic engineer that will be doing the peer review on the traffic study and that is part of the scope of the review. • Walter Power stated that he feels that the intersection is the place that can handle the traffic. He also stated that the main road connecting the cluster will be going through the country side and suggested that the roads where there are no houses should have swales on each side of the road and sidewalk on the other side of the swale. Walter Power noted that the development is a self contained development and suggested that they reduce the traffic by proposing a 5000 s.f. lot for a possible convenience store in the development. Walter Power suggested that some small area should be set aside for cars to park so people can walk. He also suggested that there should be some onsite recreation for children as well. He also suggested that flat space be provided for people to garden. Atty. McGrail stated that he felt that the convenience store could be a zoning issue. Lynn Duncan stated that they could look into rezoning. Walter Power opened the hearing up for public comment at this time. Ward Four Councillor Leonard O'Leary addressed the Board and expressed his concerns about the project. He noted that he knows the land well and is concerned about the number of lots they can build. He also requested information regarding the status of this site as a superfund site. • Councillor At Large Arthur Sargent addressed the Board and suggested that they consider asking the developer to include some high end homes in this development 6 to allow for Salem residents who wish to move into larger homes. He suggested that • the lot sizes may need to be adjusted noting that we need a full circle of housing in this city. He noted that success should not drive residents out of town and he feels that the developer will make more money with what he termed mini mansions. Lynn Duncan noted that the peer reviewer for the traffic study is present this evening and introduced Ken Petraglia from HDR Consultants who will be doing the peer review. He explained that he has walked the streets and sidewalks in the area and he still has to review it all further but noted that he would like some input from the Planning Board on their concerns. Lynn Duncan explained that the major concern is where the access for the project should be, Marlborough Road or Barcelona Avenue and Ravenna. She also noted that the site distance on Barcelona is a problem and the adding of additional vehicles will be significant. David Weiner stated that he feels that the traffic report from Abend Associates is probably technically correct but the conclusion is troublesome. He stated that he would like them to take a look at how much more traffic Marlborough Road can handle. He stated that he would like to know what can be done to improve Marlborough Road because of the increase in traffic. John Moustakis noted that all roads in Salem lead to Highland Avenue and he wants • to know what can be done to improve the problems up there. He noted that there is a lot of construction going on up there and the additional traffic is going to make it worse. He noted that gridlock is a concern. Christine Sullivan stated that she is concerned that Highland Avenue is a major issue and she also feels that the study is technically correct. Walter Power stated that he would like to suggest a cue lane in the middle of Marlborough Road so that traffic does not interfere with traffic from Highland Avenue. He also suggested that they should talk with Mass Highway and see if it would be possible to do that. Mr. Petraglia explained that his contract is for about four weeks and he will be reviewing the plans and will forward a report to the Board. Walter Power noted that the Board is looking for a recommendation on the best possible access for the site. A resident of 27 Appleby road addressed the Board and expressed her concern about traffic back up from Swampscott Road coming from Lynn. Lucielle Civiello addressed the Board and explained that she travels Barcelona Avenue every day and the traffic on Highland Avenue is dangerous. She stressed that the addition of more traffic will be unbelievable and frightening. 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 June 2, 2005, • 7 Public Hearing - Waiver From Frontage - 65 Jefferson Avenue - 65 R&C Realty Trust Atty. Bill Quinn addressed the Board and explained that he is representing Jeffery Brothers Inc. who purchased the property 5 years ago in order to expand their business. He explained that due to financial reasons they have been unable to utilize the plans that they had approved and the permits expired. Atty. Quinn explained that they have been working to scale down the renovation plans and have sold off a parcel on the left side and are asking to subdivide lot 1A which is 16,000 s.f. Atty. Quinn explained that there was an agreement to sell the parcel to the Bouchards and it resulted in a dispute which has been settled and this action is part of the settlement which called for a good faith effort to permit the parcel and sell the lot. He stated that he hoped that the Planning Board would grant the waiver from frontage. Atty. Quinn stated that they would access the property using existing curb cuts, noting that some of them would be expanded slightly in some areas. He noted that this action is important to both parties and is not a frivolous request. He explained the setbacks on the plan. Atty. George Atkins representing the Bouchards addressed the Board and explained that the zoning requirements have a standard for lot width but not lot frontage and that is what needs to be clarified. He noted that there will be no change in the structures and the site will be used by his client for temporary parking of excess cars after repairs are made until the owners pick them up during the day and the building will be used for storage. He noted that no auto repairs will be done on the site as • required by the ZBA. Lynn Duncan noted that Jeffery Brothers will be back to the Planning Board for Site Plan Review at a future date. Walter Power noted that he is concerned about traffic and deliveries on the site. Atty. Quinn stated that when they come back for site plan review they will have details on all of that. Walter Power opened the hearing up for public comment at this time. Ward Three Councillor Jean Pelletier addressed the Board and expressed his support of the plan. He stated that they are both long standing Salem businesses and we need to help them. He noted that the plan benefits both of them and urged the Board to consider this favorably. Ward Four Councillor Leonard O'Leary addressed the Board and spoke in favor of the project. Ward Two Councillor Mike Sosnowski addressed the Board and expressed his support for the project. Gene Collins addressed the Board and commended the applicants and urged approval of the plan. • 8 . There being no further questions or comments regarding this matter a motion was made by Paul Durand to close the public hearing, seconded by Gene Collins and approved (9-0). Gene Collins made a motion to approve the Waiver from Frontage for 65 Jefferson Avenue, seconded by Christine Sullivan and approved (9-0). Public Hearing - Waiver from Frontage Requirements - 104 & 106 Bavview Avenue - Scott and Lucy Petrowicz and Gifford and Ann Scott Atty. George Atkins addressed the Board and explained that his clients purchased property at 104 Bay View Avenue and in the process of surveying the property discovered that part of the house is on his neighbors land. He explained that they have reached an agreement with the neighbors to re-establish the lot lines. Atty. Atkins noted that he has a history in the Willows and there are many errors of this kind that he has seen. He further explained that this action will change the dimensions of both lots and noted that the Zoning Board of Appeal has approved variances for these lots as well. Walter Power noted that the plan seems straight forward. He 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 Gene Collins to close the public hearing, seconded by Christine Sullivan and approved (9-0). • John Moustakis made a motion to approve the Waiver from Frontage Requirements for 104 and 106 Bay View Avenue, Salem, MA., seconded by Christine Sullivan and approved. Recommendation to the Salem City Council on Zoning Amendment The Planning Board held a discussion on the recommendation to the Salem City Council on the proposed zoning amendment to delete the text "The Plan Shall be prepared by a registered land surveyor and his official stamp or seal shall be affixed to the plan," from Section 9-6 Amendments of the Salem Zoning Ordinance. John Moustakis questioned what the definition of "description of plan" is. City Planner Lynn Duncan agreed that itis an odd term and noted that she has never heard of it. She also stated that the provision is costly and noted that the SRA was recently subject to this provision during the planning process for the old Salem Jail. She noted that the city was fortunate that the SRA had the money to do that but noted that she felt that it was a waste of money. John Moustakis suggested that the Board get an opinion from the City Solicitor. Gene Collins stated that he felt that this is channeling zoning. He stated that he feels that the stamp is important and does not allow for arbitrary rezoning and allows input from the neighbors. Paul Durand stated that he would like the boundaries of this amendment defined and • suggested that the city solicitor be asked. He noted that it is a restrictive requirement that is not in place in other communities. 9 • John Moustakis stated that he feels that the Board could be creating another problem down the road if this measure does not go far enough. Walter Power noted that this is a recommendation to the City Council and the Board has 21 days from the close of the public hearing to make it. Valerie Gingrich noted that the public hearing was two weeks ago so time is running short. Paul Durand stated that he agrees with the City Council's intent but that Section C needs to be redefined because contradictory language is the result. Lynn Duncan offered suggested language for the recommendation. She suggested that the Board recommend that the City Council approve the change to zoning with the recommendation that subsections 1-6 be deleted and that the City Council check with the City Solicitor to see if that can be done as part of this process. Lynn Duncan noted that there is a committee working on the reforming of this ordinance and Walter Power is a member of that committee. There being no further questions or comments regarding this matter a motion was made by David Weiner to recommend that the City Council approve the change to zoning with the recommendation that subsections 1-6 be deleted and that the City Council check with the City Solicitor to see if that can be done as part of this process seconded by Paul Durand and approved (8-1) with Gene Collins opposed. ADDroyal of Minutes • John Moustakis suggested that the approval of the minutes be postponed to the next meeting. There being no further business to come before the Planning Board this evening a motion was made by John Moustakis to adjourn the meeting, seconded by Pam Lombardini and approved. The meeting was adjourned at 11:00 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Planning Board PB051905 • 10 I' CITY OF SALENC-AA CITY OF SALEM CLERK'S'0 F10E PLANNING BOARD _SOS M'AY:23rP 1•,48 Decision For The Petition Of 65 R&C Realty Trust For A Waiver From Frontage At 65 Jefferson Avenue A Public Hearing on this petition was held on May 19, 2005. The Public Hearing was closed on May 19, 2005 with the following Board members present: Walter B. Power, Ul, Chairman;John Moustakis; Pam Lombardini; Gene Collins;Tim Ready; Christine Sullivan;Chuck Puleo; Paul Durand; and David Weiner. Notice of this meeting was sent to abutters and notice of the hearing was properly published in the Salem Evening News. 65 R & C Realty Trust, owner,of the property, is requesting a waiver from frontage requirements from the Subdivision Regulations and under MGL Chapter 41,Section 81R, to allow the lot to be subdivided into two lots. This section states that"A Planning Board may in any particular case, where such action is in the public interest and not inconsistent with the intent and purpose of the subdivision control law, waive strict compliance with its rules and regulations, and with frontage or access requirements specified in the law...." The waiver from frontage is being granted for the property located at 65 Jefferson Avenue, as shown on • the plans titled, "Plan of Land in Salem,"prepared for Jeffery Brothers, 65 Jefferson Avenue, Salem, dated January 31, 2005 upon the findings by the Board that: 1. Special circumstances exist which especially affect the land and structures involved and which are not generally affecting other land and structures involved; 2. Literal enforcement of the provisions of the Regulations would involve substantial hardship, financial or otherwise, to the petitioner; and Therefore, the Planning Board voted by a vote of nine(Power, Durand, Moustakis, Lombardini, Weiner, Sullivan, Ready, Puleo,Collins) in favor, none opposed, to grant the waiver from frontage requirements for 65 Jefferson Avenue. This endorsement shall not take effect until a copy of the decision bearing certification of the City Clerk that twenty (20)days have elapsed and no appeal has been filed or that if such appeal has been filed that it has been dismissed or denied, is recorded in the Essex South Registry of Deeds and is indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The owner or applicant shall pay the fee for recording or registering. 1 hereby certify that a copy of this decision is on file with the City Clerk and that a copy of the Decision and plans is on file with the Planning Board. Wj.004S'«W%Vw1L . Walter B Power, III Chairman 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 .TEL: 978.745.9595 FAX: 978.740.0404 • WWW.SALEM.COM C1T;YOF SAL- P,%-;MA GL€RW§ 0ff1tE CITY OF SALEM PLANNING BOARD 1005 MAY 23 P 1: 48 Form A - Decision Ms. Cheryl LaPointe City Clerk Salem City Hall Salem, MA 01970 Dear Ms. LaPointe: The Salem Planning Board voted on May 19, 2005 to endorse "Approval Under Subdivision Control Law Not Required" on the following described plan: • 1. Applicant: William & Carol Kenney, 17 Rockdale Avenue, Salem, MA 01970 2. Location: This parcel is located at 17 Rockdale Avenue, Assessors Map 10, lot 42. 3. Project Description: This Form A subdivides the existing lot into two new lots 1 and 2. Lot 1 has a total area of 10,737 square feet with 173.71 feet of frontage along Rockdale Avenue. Lot 2 has a total area of 6,078 square feet with 121 fee of frontage along Rockdale Avenue and Marlborough Road. Sincerely, oft ?^noviw Walter B. Power, III Chairman • 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM V{ %. I b PLAN ICU `I V V. y yl 1 Vl �:HI lil IIA r CITY OF .SALEM CLERKS OFFICE PLANNING BOARD • 1005 MAY 23 P I: 48 Decision For The Petition Of Scott & Lucie Patrowicz and Gifford & Ann Scott For A Waiver From Frontage At 106 Bayview Avenue A Public Hearing on this petition was held on May 19,2005. The Public Hearing was closed on May 19, 2005 with the following Board members present: Walter B. Power, 111,Chairman;John Moustakis; Pam Lombardini;Gene Collins;Tim Ready;Christine Sullivan;Chuck Puleo; Paul Durand; and David Weiner. Notice of this meeting was sent to abutters and notice of the hearing was properly published in the Salem Evening News. Scoit&Lucie Patrowicz and Gifford&Ann Scott,owners of the properties,are requesting a waiver from frontage requirements from the Subdivision Regulations and under MGL Chapter 41, Section 81R,to allow the lot line between the property at 104 Bayview Avenue and 106 Bayview Avenue to be shifted six inches to eliminate an existing encroachment. This section states that"A Planning Board may in any particular case, where such action is in the public interest and not inconsistent with the intent and purpose of the subdivision control law,waive strict compliance with its rules and regulations, and with frontage or access requirements specified in the law...... The waiver from frontage is being granted for the property located at 106 Bayview Avenue as shown on the plans titled, "Plan of Land in 104& 106'Bayview Avenue,Salem,Massachusetts"dated July 15, 2004 upon the findings by the Board that: • 1. Special circumstances exist which especially affect the land and structures involved and which are not generally affecting other land and structures involved; 2. Literal enforcement of the provisions of the Regulations would involve substantial hardship, financial or otherwise,to the petitioner;and Therefore,the Planning Board voted by a vote of nine(Power,Durand, Moustakis,Lombardini,Weiner, Sullivan,Ready,Puleo,Collins)in favor,none opposed,to grant the waiver from frontage requirements for 106 Bayview Avenue. This endorsement shall not take effect until a copy of the decision bearing certification of the City Clerk that twenty(20)days have elapsed and no appeal has been filed or that if such appeal has been filed that it has been dismissed or denied, is recorded in the Essex South Registry of Deeds and is indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The owner or applicant shall pay the fee for recording or registering. I hereby certify that a copy of this decision is on file with the City Clerk and that a copy of the Decision and plans is on file with the Planning Board. JUL 1 4 W���� �6 Do 2005 Walter B Power, III Chairman I hereby certify that 20 days have expired �orn the d to thi Instruipient wasso i 120 an at N TRA�Tp k Mhas�een IIIc in this �TEL: 978 745.9595 FAx: 978.740.0404 . WWW.SALEM.COM • office. EAL �1pII II II 4 �Illllll�lulllll III IIIIIIIIIIII�IIIUI ATrueCop 2005011400336 Bk:24555 Pg: 170 ATTEST_CITY LERK, Salem, Mass. 07/[3,2008 13:20:00 OTHER GO trt NO LNC._ . ' LI CLERKS OFFICER CITY OF SALEM PLANNING BOARD 1005 JUN 13 P r 4a Form A -- Decision 2005071400338 804555 Pg412 07/14/2008 13:20:00 OTHER Ps 1/1 Ms. Cheryl LaPointe City Clerk Salem City Hall Salem, MA 01970 Dear Ms. LaPointe: The Salem Planning Board voted on May 19, 2005 to endorse"Approval Under Subdivision Control Law Not Required" on the following described plan: • 1. Applicant: Scott &Lucie Patrowicz and Gifford& Ann Scott, 104 Bayview Avenue and 106 Bayview Avenue, Salem, MA 01970 2. Location: Map 44, Lots 124 and 125, 104 Bayview Avenue and 106 Bayview Avenue, Salem MA 01970. 3. Project Description: This Form A shifts the lot line between 104 Bayview Avenue and 106 Bayview Avenue six inches to correct an existing encroachment. Lot 16 (106 Bayview Avenue) will be reduced by 60 square feet and Lot 15 (104 Bayview) will gain 60 square feet. Lot 16 will have 37.10 feet of frontage and Lot 15 will have 31 feet of frontage. Both lots are nonconforming in regard to frontage, but access to the lots will not be affected. ti. JUL 14 2005_ Sincerely, t heroby oertHy that 20 deya haw axaod from the date this instrument was receh►ed, Walter B. Power, III and that NO APPEAL has been filed in this Chairman office. • ATrue Copy ATTEST:,CITY ERK, Salem, ass. 120 WASHINGTON STREET, SALEM, MASSACHuSF:TTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 . WWW.SALEM.COM r —v =Y ' iv AI 71 n vu1:'I AMl7{i,n''� ' I :JJ r } '� -xl _ h I}� !yFit1T,�y�'�I•I' � ! � � � ' t o I I , I � t DAIAND PROJECTS 4\Salem\PATROVNC2-104 BAY VIEW AVE\!04-01\d"2004-07-15-PLAN.dmg,5/192005 10:08:40 AM • � 0 q g0 -4 usol it LA oz �> c) $ mo co NOTES: 1. LOT 16 AND PARCEL A ARE SHOWN AS LOT 124 ON ASSESSORS MAP 44. 2. LOT 15 IS SHOWN AS LOT 125 ON ASSESSORS MAP 44. 3. PARCEL A IS NOT A BUILDING LOT. PARCEL A IS TO BE CONVEYED TO THE OWNERS OF LOT 15, TO BE COMBINED WITH LOT 15 TO FORM ONE CONTIGUOUS LOT HAVING AN AREA OF 4,0101 SF. 4. SEE PLAN REFERENCE: PLAN BOOK 376, PLAN 10. • PLAN OF LAND 104 & 106 Bayview Avenue Salem, Massachusetts Date: July 15.' 2004 PLDE#04-01 Scale: 1' = 10' Shat 1 of 1 Property of: SCOTT & LUCIE PATROWICZ — 104 Bayview Avenue k GU'FORD P. & ANN P. SCOTT — 106 Bayview Avenue NORTH SHORE SURVEY CORPORATION 47 Linden Street, Salam, MA 01970 (976) 744-4800 NSS#2233 CITY OF SALEM. MA CITY OF SALEM CLERK'S OFFICE Ing PLANNING BOARD 1005 MAY 9 P !- 50_ Notice of Meeting You are hereby notified that the Salem Planning Board will hold its regular meeting on Thursday, May 5, 2005, at 7:00 PM in Room 313, Third Floor at 120 Washington Street. ""Plaox/A Walter B. Power, III Chairman 6:00 PM Joint Public Hearing—Proposed Zoning Amendment—City Council Chambers The proposed zoning amendment is to delete the text, "The plan shall be prepared by a registered land surveyor and his official stamp or seal shall be affixed to the plan," from Section 9-6 Amendments of the Salem Zoning Ordinance. • 7:00 PM 1. Continuation of Public Hearing—Form C–Definitive Subdivision, Cluster Residential Development, Wetland Special Permit-57 Marlborough Road—Osborne Hills Realty Trust 2. Public Hearing-Site Plan Review, Wetland Special Permit-319 Highland Avenue—The Richmond Company, Inc. 3. Form B—Preliminary Subdivision Plan-485 Lafayette Street—Glover Estates, LLC 4. Release of Funds For Parlee Street Extension Subdivision 5. Old/New Business This nofise posted on "Ormciml Bullediv boar" City Hall AVG., Salem, Mass. on 3-glely� al 1'-# /� ir� accordance with Cid. 39 960. 23 1 A 23B of M. L. 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, Staff Planner Department of Planning& Community Development DATE: April 28, 2005 RE: Agenda–May 5, 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. 6:00 PM Joint Public Hearing—Proposed Zoning Amendment—City Council Chambers If you attended the last joint public hearing for the proposed North River Canal Corridor Mixed- Use Zoning District, you already know that at that meeting, the City Council continued the public • hearing because of a requirement of Section 9-6 of the Zoning Ordinance. This Section of the Zoning Ordinance deals with Amendments to the Zoning Ordinance, and states that "The plan (for changing the boundary lines of zoning districts) shall be prepared by a registered land surveyor and his official stamp or seal shall be affixed to the plan." The plan that was submitted to City Council for the new zoning district was not stamped and signed by a land surveyor. The plan that was submitted was part of the assessor's maps for the area in question. The proposed amendment to eliminate the requirement (as quoted above) was brought to the City Council by Councilor Sosnowski. The proposed amendment eliminates the requirement of a signed and stamped plan for zoning amendments only. The planning board will continue to require plans that are signed and stamped by a registered land surveyor or professional engineer for their applications...this amendment applies to zoning changes. NRCC update: We are in the process of getting a stamped and signed plan to submit to the City Council for the proposed North River Canal Corridor Neighborhood Mixed-Use District. We will contact the Board to schedule the next joint public hearing on this matter. 7:00 PM Continuation of Public Hearing—Form C–Definitive Subdivision, Cluster Residential Development,Wetland Special Permit-57 Marlborough Road—Osborne Hills Realty Trust • Update: Since the last Planning Board meeting, I have been informed that the current contract that the City has with the traffic engineering firm, HDR,will not allow us to complete the traffic study. 1 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 • WWW.SALEM.COM However, since that time, I have requested quotes from three traffic engineering firms. They will be received prior to our next meeting, and we will have a recommendation for the Board at the next meeting to select a firm to complete the peer review. Meeting Tom: We will be discussing the findings of the site visit and other open space issues at our next meeting. Public Hearing—Site Plan Review,Wetland Special Permit-319 Highland Avenue—The Richmond Company, Inc. The proposed project includes the demolition of the existing buildings (Moose Lodge and Tony Lena's) and the construction of a retail building with a footprint of 5,534 square feet. The retail building will consist of a convenience store and a bank branch with drive-thru window. The project includes the construction of six fuel-dispensing islands with a canopy located overhead. The project also includes the construction of a right turning lane from Highland Avenue onto Swampscott Road. Review: A letter to the applicant has been included in this packet. The letter outlines several missing elements that need to be submitted to the Board and recommendations on the submitted plans. Form B—Preliminary Subdivision Plan-485 Lafayette Street—Glover Estates,LLC A draft decision has been included in this packet for the Board to review. Release of Funds For Parlee Street Extension Subdivision The Planning Board is currently holding approximately$60,700 for the completion of the Parlee Street Extension Subdivision. The Department of Planning&Community Development and the City Engineer have verified that all work has been completed and the funds can be released. The Board will need to vote to release the funds to the developer. 2 • I CITY OF SALEM ccGeR ,s o F t Ma PLANNING BOARD F 1005 qPR / Notice of Meeting You are hereby notified that the Salem Planning Board will hold its regular meeting on Thursday, April 21, 2005, at 7:00 PM in Room 313, Third Floor at 120 Washington Street. ��F�o Walter B. Power, III Chairman 1. Form B—Preliminary Subdivision Plan-485 Lafayette Street—Glover Estates, LLC 2. Continuation of Public Hearing—Form C—Definitive Subdivision, Cluster Residential Development, Wetland Special Permit-57 Marlborough Road—Osborne • Hills Realty Trust 3. Public Hearing—Request for a Determination of Specific and Material Change-20 Savoy Road—Kim & Shane Franklin 4. Public Hearing—Amendment to Site Plan and Business Park Special Permit-440 Highland Avenue—Wal-Mart Stores, Inc. 5. Continuation of Public Hearing—Definitive Subdivision, Wetlands Special Permit— Cedarcrest Avenue Extension—Paul Cassell 6. Continuation of Public Hearing—Site Plan Review-97 Margin Street— Massachusetts Electric Company 7. Old/New Business This notioe posted on "Official Bumet 1 9op � �rd' {M City Hall Ave., Salem, ass. on APR • at I% in acwrdanw lath Chap. 3� 23A & AVof M.G.L. y 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,Staff Planner Department of Planning&Community Development DATE: April 14, 2005 RE: Agenda—April 21, 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 311, if you have any questions pertaining to the agenda items. Form B—Preliminary Subdivision-485 Lafayette Street—Glover Estates, LLC A preliminary subdivision plan entitled "Glover Estates" has been submitted for 485 Lafayette Street, known as the Lead Mills site. The 156,800 square foot parcel is located in both Salem and Marblehead, with 33,100 square feet in Salem. The preliminary plan includes two lots, Lot 1 in • Salem and Lot 2 predominantly located in Marblehead. The intent of the developer is to file an application for a Comprehensive Permit application for a 40B project in Marblehead. Chapter 40B enables developers to request waivers from local zoning bylaws/ordinances in exchange for providing a minimum of 25% affordable housing units. At this time the developer is proposing 44 units in Marblehead, which would access Lafayette Street via the proposed subdivision roadway in Salem. No dwelling units are proposed to be constructed in Salem. The preliminary plan is the fust step in the subdivision control process for the approval of the roadway and the subdivision of the land into two lots. The developer will then submit a Definitive Subdivision Plan for review and approval by the Salem Planning Board. It is noted that a preliminary plan submittal is not a requirement, but an option. Continuation of Public Hearing—Form C—Definitive Subdivision & Cluster Residential Development &Wetland Special Permit-57 Marlborough Road—Osbome 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 R1 and the remaining 116 are zoned RC. Update: • The Board will discuss and set a site visit to the property at the nest meeting. The traffic addendum has not been submitted at this time. 1 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 . TEL: 978.745.9595 FAx: 978.740.0404 4 WWW.SALEM.COM • Public Hearing—Request for a Determination of Specific and Material Change-20 Savoy Road—Kim and Shane Franklin The Franklins requested dimensional variances from the Board of Appeals at their December 15, 2004 meeting. The applicant requested a Variance from side yard setback and lot coverage to construct a two-story addition in the rear of their house,where there is an existing sun porch. However, the Board of Appeals denied the request for a Variance by a vote of 3 in favor and 2 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 by the Planning Board of whether specific and material changes have been made to the proposal. In order for the applicant to return to the Board of Appeals prior to the two-year waiting period, with the changed project, the Planning Board needs a vote with at least 8 in favor of a determination of specific and material changes. Also, the Board of Appeals will have to vote with a vote of at least 4 of the 5 members in favor that specific and material changes have been made. At that point, the applicant will be able to reapply to the Board of Appeals for their dimensional variances (M.G.L. Chapter 40A Section 16). The major change to the original project is that instead of constructing a two-story addition that would block ocean views, the applicants propose to construct a one-story addition with a deck on top of the addition. The change is most easily seen if you compare pages A2.1 and A2.2 of the plans, which show the elevations of the house. Public Hearing—Amendment to Site Plan Review and—440 Highland Avenue—Wal-mart • Stores Inc. The proposed project amends the original site plan review approval to construct a 395 square foot produce cooler in the rear of the store. Wal-mart is a non-conforming use and they will have to get approval from the Zoning Board of Appeals prior to the construction of the proposed addition. Continuation of Public Hearing—Definitive Subdivision, Wetlands Special Permit— Cedarcrest Avenue Extension—Paul Cassell This project includes the construction of three single-family homes and the extension of Cedarcrest Avenue, which is located off of Loring Avenue. The applicant is subdividing the two parcels at 31 and 33 Cedarcrest Avenue into three parcels, each having an area over 15,000 square feet and 100 feet of frontage. The applicant has proposed to build a cul de sac at the end of Cedarcrest Outstanding Issues: • The Fire Department is requesting that the cul de sac pavement be 100 feet in diameter. Public Hearing—Site Plan Review-97 Margin Street—Massachusetts Electric Company The proposed project includes the installation of two additional transformers and associated electrical equipment. The proposal includes the construction of a single story 14'x36' prefabricated metal building to house the protection and control systems for the new equipment. The area will be contained with a chain link fence, which is topped with barbed wire. • Outstanding Issues: • The applicant agreed to submit a landscaping plan to the board for review. The plan has not been submitted at this time. 2 • Salem Planning Board Minutes of Meeting Thursday,April 21, 2005 A regular meeting of the Salem Planning Board was held on Thursday,April 21, 2005 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,John Moustakis, David Weiner, Christine Sullivan, David Weiner, Gene Collins, and Pam Lombardini. Also present were City Planner Lynn Duncan, Staff Assistant Valerie Gingrich, and Eileen Sacco, Clerk. Members Absent: Tim Ready Form B —485 Lafayette Street—Glover Estates LLC Attorney George Atkins addressed the Board and explained that this project has land in both Salem and Marblehead and is the former Lead Mills site. He noted that a previous plan for the property was met with opposition and the neighbors have vowed to appeal any project on the site that is not single-family housing. Attorney Atkins explained that the proposal before the Board is for 44 units in four buildings on the Marblehead parcel and there are no plans to develop the lot in Salem at this time, but they reserve the right to develop the Salem site at a future time. He explained that • the project on the Marblehead side of the site will be a 40B project. He also noted that the proposal before the Board does not requite any waivers. Attorney Atkins noted that their traffic study shows that there will be minimal impact to traffic in Salem and noted that the Planning Department is currently reviewing a plan for pedestrian activated lights near the bike path and they are considering making a contribution towards that. He also noted that a vehicle-activated light has been requested by the ward councilor. He also stated that they have explored the idea of tying in the water lines with Salem and Marblehead for emergency access, noting that the water and sewer for the project will be in Marblehead. David Weiner noted that he is curious about the cul de sac that serves the road. It was explained that the driveways will be off the cul de sac and will two driveways with a U shaped circulation. David Weiner suggested that the Planning Board should review that. John Moustakis asked for an estimate on how many homes might be built on the Salem side of the property. Arty. Atkins stated that one home possibly two could be built on that site. Christine Sullivan noted that the neighbors were opposed to 30 units in the previous plan and questioned if the abutters were in favor of this plan. Atty. Atkins explained that the abutters have made it clear that they will appeal anything but single-family dwellings on the site. He noted that single-family homes are not economically feasible on this site. • Christine Sullivan noted that the last developer was going to clean the site up and questioned if that was still the plan. Atty. Atkins stated that they are willing to clean up the Salem side at 1 • this time as there is a concern about kids in the neighborhood. He explained that 44 units allows them to clean up the site and improve the road etc., and that would make it much less likely for the neighbors to sue successfully. Gene Collins joined the meeting at this time. Christine Sullivan questioned who would own the land in Salem and who will pay the taxes. Mr. Sawyer stated that the land would be owned by KSS Partners Realty and the taxes would be paid on the land only. He also noted that if the condo owners end up owning the land in Salem they would pay the taxes on the vacant land. The applicant explained that the proposed road will be a private road that they will maintain and own. David Weiner requested that they show the houses near the property on both sides of the street on the plan. There being no further questions or comments regarding this matter, Walter Power thanked the applicants for the presentation and recommended that they keep in touch with the Planning Department regarding their suggestions. Continuation of Public Hearing — Form C — Definitive Subdivision Cluster Residential Development, Wetland Special Permit— Osborne Hills Realty Trust— 57 Marlborough Road Atty. Brian McGrail addressed the Board and stated that they have a presentation on the open space and trail system for the cluster development. He also noted that they would like to set up a site visit this evening for the Board. Chris Mello addressed the Board and explained the breakdown of the number of homes they could build if this were a conventional subdivision. He explained that they would be able to construct 118 conventional subdivision lots, 71 Rl lots, and 47 RC lots. Jim McDowell of Eastern Land Survey addressed the Board and explained the utilities. He noted that they are working with the public works department on that plan. Mr. McDowell stated that they are proposing eight inch diameter water lines with hydrants every five hundred feet. Mr. McDowell explained that they will have two pump stations for the proposed sewer system. He stated that he will supply information on the pump types and valves as the plan progresses. Mr. McDowell explained that the storm drainage within the subdivision consists of underground pipe systems, open detention systems, vortechnic units and vegetative swales. He explained that an open detention pond would hold the water for 6-24 hours and release it slowly. He also noted that a vortex system would also be installed, noting that their • primary aspect is to maintain a zero increase in impact to the area and they are enhancing the natural ability of the wetland to store runoff for longer periods of time. He also noted that 2 • they are looking to put control structures at certain choke points in the wetlands with the ultimate goal of alleviating some flooding downstream. David Weiner asked for an update as to what is happening on the land owned by the developer in Peabody. Chris Mello explained that they had fled in Peabody for a zoning change that was denied by the Peabody City Council and they have not done anything since. He stated that he expects that they will build single-family homes as is allowed. He stated that they could build about 65-70 homes per parcel. Jeff Malloy of Epsilon reviewed a map of the open space and reviewed the habitat that was found in the area. The Planning Board scheduled a site visit for Saturday, April 30, 2005 at 9:00 a.m. The Board will meet at the end of Barcelona Avenue. Christine Sullivan asked if they found any vernal pools on the site. Mr. Mello stated that he found no vernal pool that had been mapped by the state. Walter Power stated that he would like to see the location of the different slopes on the site and what will be open land in the final design. Christine Sullivan also requested a picture of all of the wetlands, the proposed constructions sites and the open space, as well as the percentage of the open space. City Planner Lynn Duncan requested that they provide the numbers relating to unusable slope on the site. Councillor Leonard O'Leary asked if the neighbors are welcome at the site visit. Walter Power noted that the neighbors are always welcome on site visits. Lynn Duncan noted that the consultant for the peer review of the traffic study has been selected and they are in the process of executing the contract for that. She noted that the special revenue account has been established and they are ready to proceed with that. Paul Durand made a motion to approve the contract for the peer review of the traffic study, seconded by John Moustakis and approved,with Gene Collins opposed to a peer review. Atty. Brian McGrail addressed the Board and stated that a decision has to be made on the route of the traffic and if they are going to stay with the Barcelona Avenue option. Christine Sullivan stated that she is concerned about the impact on Highland Avenue and suggested that the Board discuss this with the consultant for the traffic review. Lynn Duncan stated that she would prepare questions for the consultant, noting that the peer review will note any deficiencies in the plan. She stated that she would invite the consultant to the next meeting to have the Board address their concerns up front. • Gene Collins noted that a peer review is a review of what has been proposed and is not an opportunity for the Board to change the plan. John Moustakis agreed but noted that the 3 • concerns of the Board have to do with the quality of life of the neighborhood and the Board should consider that. Councillor O'Leary noted that he has asked for the documentation of this super fund site and he has not received that. Arty. McGrail stated that they are waiting for that information. Walter Power opened the hearing up for public comment at this time. Councillor At Large Arthur Sargent addressed the Board and suggested that they consider up scale homes on this site as we are losing residents because we do not have that level of housing. City Planner Lynn Duncan stated that Councillor Sargent's point is well taken and encouraged the developer to find a balance. There being no further questions or comments regarding this matter a motion was made by Paul Durand to continue the public hearing to May 5, 2005, seconded by Pam Lombardini and approved. City Planner Lynn Duncan left the meeting at this time. Public Hearing — Request for a Determination of Specific and Material Change — 20 Saves Road—Kim and Shane Franklin • Mr. Franklin addressed the Board and explained that they were denied a variance by the Board of Appeals and reviewed the proposed changes to the plans. He noted that the neighbors were concerned that the proposed addition would block their view and the neighbors are now satisfied with the changes to the plan. Walter Power opened the hearing up for public comment at this time. Eugenia Fountain of 24 Savoy Road addressed the Board and expressed her opposition to the plan noting the setback requirements have not changed. Paul Durand noted that there are still issues to be addressed by the ZBA and the charge of the Planning Board is to determine that a specific and material change has been made to the plan to allow them to go back to the Board of Appeal. Ed Ferris of 21 Naples Road addressed the Board and expressed his opposition to the plan. A member of the public of 21 Savoy Road addressed the Board and expressed her concerns about density and noted that she feels that there will be substantial encroachment on the neighbors. Gene Collins moved to close the public hearing, seconded by David Weiner and approved. • There being no further questions or comments regarding this matter a motion was made by Christine Sullivan to giant that a specific and material change has been made to the plan for 20 Savoy Road, seconded by Gene Collins and approved. 4 • Public Hearing — Amendment to Site Plan and Business Park Special Permit — Walmart Stores Inc. - 440 Highland Avenue Walter Power read a letter from the applicant requesting that the public hearing be tabled until July 21, 2005 as the applicant has to go to the Board of Appeal for review of the project. Gene Collins moved to table the public hearing until July 21, 2005, seconded by Pam Lombardini and approved. Continuation of Public Hearing — Definitive Subdivision Plan — Wetlands Special Permit — Cedarcrest Avenue Extension—Paul Cassell Arty. George Atkins addressed the Board and explained that the City Engineer and the Fire Department both had some concerns about the project. He explained that the issues with the City Engineer has been resolved with a compromise and they have agreed to widen a portion of the cul de sac. Valerie Gingrich reported that she spoke to the Fire Prevention Officer Erin Griffin this afternoon and she has agreed that 90 feet for the cul de sac would be fine. Valerie Gingrich reviewed a draft decision for the project. Walter Power suggested that the decision be revised to include that the removal of the ledge would meet the width of the existing paving. There being no further questions or comment regarding this matter a motion was made by David Weiner to close the public hearing, seconded by Gene Collins and approved. John Moustakis moved to approve the draft decision as amended for Cedarcrest Avenue, seconded by Pam Lombardini and approved. Continuation of Public Hearing— Site Plan Review — Massachusetts Electric Company — 97 Margin Street Mr. Dan McIntyre addressed the Board and noted that at the last meeting they were asked to look at the landscaping and planting arborvitae along the rail road tracks. He reported that they found that there is not enough room to plant there and suggested that they keep the existing vegetation screening and proposed to landscape on both ends of the station as detailed in the photos. Walter Power opened the hearing up for public comment at this time. Polly Wilburt of 7 Cedar Street addressed the Board and noted that the previous iteration of this site included landscaping that was never planted. She also suggested that they could use trellises with buckles that could be buckled to the fence and removed for maintenance • purposes. She noted that the Frederick Law Olmstead House in Brookline uses this method. Mr. McIntyre stated that the vine would grow into the fence and it would not be feasible. 5 David Weiner suggested a condition that they maintain the recommended Perma Hedge and clean the debris and trash along the site. Christine Sullivan expressed her concern about the use of the perma hedge and stated that she is not in favor of it. There being no further questions or comments regarding this matter a motion was made by Paul Durand to close the public hearing, seconded by Pam Lombardini and approved. Valerie Gingrich reviewed a draft decision with the Planning Board. David Weiner moved to approve the draft decision as amended, seconded by Pam Lombardini and approved. Old / New Business — There was no old business to come before the Planning Board this evening. 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 10:00 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Planning Board PB042105 • 6 Co- CITY OF SALEM c�eR�s <Fc e 9 AFF/ FSA ® PLANNING BOARD IppfgP 9�s Notice of Meeting You are hereby notified that the Salem Planning Board will hold its regular meeting on Thursday, April 7, 2005, at 7:00 PM in Room 313,Third Floor at 120 Washington Street. c Walter B. Power, III Chairman 1. North Shore Wind Program—Sam Cleaves, Metropolitan Area Planning Council 2. Public Hearing—Adoption of Guidelines for Hiring an Outside Consultant—M.G.L. Chapter 44 Section 53G ® 3. Continuation of Public Hearing—Definitive Subdivision,Wetlands Special Permit— Cedarcrest Avenue Extension—Paul Cassell 4. Continuation of Public Hearing—Site Plan Review—Winter River Realty-7 Crombie Street 5. Public Hearing—Site Plan Review—Massachusetts Electric Company-97 Margin Street 6. Approval of Minutes 7. Old/New Business This notice posted on -Official Bun Board" City Hall AV19-, Salem, Mass. on APR at ,�;3�P�7 in acccrcancs 1,hfi�� Chap. �3� 23A 23B of iv9.G.L. 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL! 978.745.9595 FAx: 978.740.0404 0 WWW.SALEM.COM �v� m CITY OF SALEM PLANNING BOARD MEMORANDUM TO: Planning Board Members FROM: Valerie Gingrich, Staff Planner Department of Planning& Community Development DATE: April 5, 2005 RE: Agenda–April 7, 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 311, if you have any questions pertaining to the agenda items. North Shore Wind Power Project—Sam Cleaves, Metropolitan Area Planning Council The Metropolitan Area Council is working with ten communities in the North Shore region to provide technical and educational assistance for the siting of onshore wind turbines with the goal of increasing public acceptability for these projects. Products include two public educational forums • on wind power and siting wind turbines locally, wind maps for each community and a survey Of atflnudes towards the use of wind power on the North Shore. IVLr1PC will create an integration strategy for renewable energy into the regional growth strategy, which communities outside of the ten-municipality study area will benefit from. In addition, MAPC is helping the City of Lynn draft a wind turbine siting ordinance as it moves forward to with its plan to use wind to power the city's sewage treatment plant. Communities included in the project include: Beverly, Essex, Gloucester, Ipswich, Lynn, Manchester-by-the Sea, Marblehead, Rockport, Salem and Swampscott. I have included two fact sheets and a survey in this packet. Please take time to fill out the survey and bring it to the meeting. Public Hearing—Guidelines for Hiring an Outside Consultant—M.G.L. Chapter 44 Section 53G The guidelines included in this packet will be adopted in order to allow the Planning Board to hire outside consultants for peer reviews. Please review the guidelines prior to the public hearing. Continuation of Public Hearing—Definitive Subdivision,Wetlands Special Permit— Cedarcrest Avenue Extension—Paul Cassell This project includes the construction of three single-family homes and the extension of Cedarcrest Avenue,which is located off of Loring Avenue. The applicant is subdividing the two parcels at 31 and 33 Cedarcrest Avenue into three parcels, each having an area over 15,000 square feet and 100 feet of frontage. The applicant has proposed to build a cul de sac at the end of Cedarcrest. • Outstanding Issues: The Fire Department should review the cul de sac radius 1 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM • Information on the capacity of the sewage pumps-This information is under review by the office of the City Engineer Continuation of Public Hearing—Site Plan Review-7 Crombie Street—Winter River Realty The proposed project includes the redevelopment of the existing Mission building,which has a footprint of 7,268 square feet. The redevelopment will include the construction of approximately sixteen (16) Artists live/work condominium units. The project includes site improvements such as landscaping and Lighting in the alley next to the building. Public Hearing—Site Plan RevieNv-97 Margin Street—INIassachusetts Electric Company The proposed project includes the installation of two additional transformers and associated electrical equipment. The proposal includes the construction of a single story 14'x36' prefabricated metal building to house the protection and control systems for the new equipment. The area will be contained with a chain link fence, which is topped with barbed wire. • • 2 • Salem Planning Board Minutes of Meeting Thursday,April 7, 2005 A regular meeting of the Salem Planning Board was held on Thursday,April 7, 2005 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,John Moustakis, Gene Collins, Chuck Puleo, Tim Ready, and Pam Lombardini (7:45 p.m.). Also present were City Planner Lynn Duncan, Staff Planner Valerie Gingrich, and Eileen Sacco, Clerk. Members Absent: David Weiner, Christine Sullivan Presentation on North Shore Wind Program — Sam Cleaves — Metropolitan Area Planning Council Mr. Sam Cleaves addressed the Board and made a presentation on the North Shore Wind Program. He explained that MAPC received a grant from the Renewable Energy Trust of the Massachusetts Technology Collaborative, for the Community Wind Collaborative, and noted that it provides technical and educational assistance for the siting of onshore wind turbines. The goal of the program is to increase public acceptability in ten North Shore coastal communities, Salem being one of them. He also noted that a survey is being conducted of North Shore communities and is available online at • Nvww.surveymonkey.com\s.asp?u=60673940357. Continuation of Public Hearing — Site Plan Review — Winter River Realty — 7 Crombie Street, Salem MA. —Mr. Mark Meche Paul Durand recused himself. Mark Meche addressed the Board and explained that he has revised the drawing for the exterior court and has added detailed plantings etc. at the request of the Design Review Board. He noted that he will be meeting with them again in a couple of weeks. He also noted that they have added blue stone pavers to the alley to give a Japanese Ambiance and some subtle landscaping features. He also noted that the use of the area is for access to the residences and to provide space for limited outdoor art activity. Mr. Meche also explained that the garbage storage is in the rear in the prescribed location suggested at the last meeting. Chuck Puleo asked where the access area is for the refuse storage. Mr. Meche explained that it will be accessed through the court yard. He explained that they will be using barrels not dumpsters and they will be placed at the curb for city pick up. Chuck Puleo suggested that they consider adding trash compactors to the units. Mr. Meche stated that he would look into that. • Walter Power asked if they considered the amount of noise that would be generated in the neighborhood by the HVAC units and noted that they may have to look at that if there is a 1 • Pam Lombardini left the meeting at this time. Paul Durand rejoined the Board. Public Hearing — Definitive Subdivision Plan — Wetlands Special Permit — Cedarcrest Avenue Extension—Paul Cassell Attorney George Atkins addressed the Board and explained that they have had a difficult time getting a reaction from the Fire Department and issues need further clarification on the width of the cul de sac. He also noted that they have received comments from the City Engineer regarding requested changes to the plans. He noted that the Engineering Department objected to the detention pond and revised plans have been submitted to the Engineering Department. Bob Griffin reviewed the revisions to the plans that were made in response to the comments from the Engineering Department. He explained that they have made the following changes to the plans: ■ Added a hydrant ■ Added a concrete pad around the hydrant and the light pole • Added a valve to the sewer line ■ The capacity of the sewer line has been verified • Mr. Griffin noted that the Conservation Commission visited the site and they expect a decision at their next meeting. City Planner Lynn Duncan will have a conversation with the Engineering Department and get back to the developer. Walter Power opened the hearing up for public comment at this time. There was no one present who wished to comment on the matter. There being no further questions or comments regarding this matter a motion was made by John Moustakis to continue the public hearing to April 21, 2005, seconded by Paul Durand and approved. Public Hearing—Site Plan Review—Massachusetts Electric Company—97 Margin Street Dave Gendall addressed the Board and explained the plans for the renovation of the substation located at 97 Margin Street. He noted that this project is intended to improve the electrical demands of Salem and Swampscott. Dan McIntyre reviewed the plans with the Board. He noted that they have met with the Planning Department and the neighbors and noted that traffic management during the construction was a concern. He stated that they have been in contact with Captain Callahan • of the Salem Police Department and they have devised a plan that has been submitted to him. He noted that the main area of concern is the driveway of the Salem Police 3 • problem with it. Mr. Meche agreed and stated that they would be ready to fix that if there is a problem. Walter Power opened the hearing up for public comment at this time. Ward Three Councilor Jean Pelletier addressed Mr. Meche and expressed his concerns about adding this housing in the downtown without providing parking. Mr. Meche stated that he has secured 15 parking spaces in the parking garage. Councilor Pelletier stated that he doubted that the occupants would park in the parking garage and instead would be utilizing valuable parking spaces in the downtown. He stated that he is opposed to this project based on parking alone. Mr. Meche stated that they met with the neighbors and they requested that they look into leasing parking spaces from Holyoke and they are pursuing that. He also noted that there is a municipal lot in that end of town that could be used at night He noted that they are trying to improve the neighborhood. Councilor Pelletier stated that neighbors who have approached him are opposed to this project. Councilor Pelletier also expressed his concern that the project is planned for artists condos and there is nothing to stop them from selling them to non artists. He stated that this is a disservice to the downtown. Mr. Meche stated that they would be happy to contribute to a pool of money for additional • parking in the downtown. Polly Wilbert of the South Salem Neighborhood Association addressed the Board and stated that she agrees with Councilor Pelletier that there is not enough parking in the downtown to accommodate this project and expressed concern about getting the cars off the streets during the winter months. City Planner Lynn Duncan stated that there is a feasibility study being done on the Almy's lot and reviewed the parking required for a B5 district. There being no further questions or comments regarding this project a motion was made by Chuck Puleo to close the public hearing, seconded by Pam Lombardini and approved. The Planning Board reviewed a draft decision for this project. Chuck Puleo suggested that the decision include a condition that the condo association be responsible for putting the trash out to the curb for pickup. There being no further questions or comments regarding this decision a motion was made by John Moustakis to approve the draft decision as amended, seconded by Pam Lombardini and approve. • John Moustakis noted that Councillor Pelletier made a good point regarding the zoning and questioned if once all of the units have been sold who is going enforce the zoning regarding the parking. He also questioned if a condo is sold is the sale of the parking permit required. 2 • Department and the access to the Department of Public Works at Jefferson Avenue and Margin Street. He also noted that they have agreed to repair the road from curb to curb when the work is complete. Mr. McIntyre explained the screening proposed for the substation. Walter Power opened the hearing up for public comment at this time. Mr. Dion addressed the Board and noted that money was set aside the last time they did work on the substation for live plantings along Canal Street at the MBTA corridor and they were never planted. Polly Wilburt addressed the Board and requested that the Board require planting in the Mass Electric property. She stated that she would like to see screening with the expansion and it should be as high and as thick as you can get it. Mr. Dion stated that scrub trees have created a barrier on the site. Chuck Puleo asked if they would be installing anymore cables. Mr. McIntyre7 stated that there would be no additional cables as what it there is adequate. John Moustakis questioned how much land is between the fence and the rail road tracks. Mr. McIntyre estimated that it is about two feet. • Walter Power suggested that they move the fence two feet to the wall and plant arborvitae. Mr. McIntyre explained that the fence is a requirement of the Mass Electric safety code and it has to be open and grounded. Ms. Page Grady addressed the Board and stated that they would be willing to make adjustments to address those concerns which are governed by the National Safety Code however they are under some constraints with the code. Mr. McIntyre also noted that they would be happy to plant trees but they will be limited to the clearance. City Planner Lynn Duncan requested that they submit a landscaping plan. Walter Power suggested that they shift the alignment of the fence. Ms. Grady stated that they would look into that. Ward Three Councilor Jean Pelletier addressed the Board and thanked Dave Gendall for his cooperation noting he has been very accommodating to the neighbors. There being no further comments or questions regarding this matter a motion was made by Paul Durand to continue the public hearing to April 21, 2005, seconded by Chuck Puleo and approved. Public Hearing—Adoption of Guidelines for Hiring Outside Consultants —MGL Chapter 44 Section 53G • City Planner Lynn Duncan explained the guidelines for the hiring of outside consultants and the process that the Planning Department will use for the selection of consultants. She 4 • noted that the Planning Board needs to adopt the guidelines, noting that the Conservation Commission has done so as well. David Weiner questioned if there were guidelines on the qualifications. Lynn Duncan explained that the guidelines outline the standard requirements. 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 Chuck Puleo to adopt the guidelines for the hiring of outside consultants in accordance with Massachusetts General Laws Chapter 44, section 53G, seconded by Paul Durand and approved. Old / New Business Valerie Gingrich informed the Planning Board that a Joint Public Hearing with the Salem City Council will be held on May 5, 2005 at 6:00 p.m. in the City Council Chambers. The hearing will be held on a proposed zoning amendment. Walter Power noted that a site visit needs to be scheduled on the Osborne Hills site. Gene Collins requested an updated list on the status of ongoing projects. • 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 10:00 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Planning Board PB040705 5 �v� m CITY OF SALEM PLANNING BOARD MEMORANDUM TO: Planning Board Members FROM: Valerie Gingrich, Staff Planner Department of Planning& Community Development DATE: March 15, 2005 RE: Agenda–March 24, 2005 The following is a brief description of the items, Which are fisted 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 & Cluster Residential Development & Wetland Special Permit-57 Marlborough Road—Osbome 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 (601/6). According to the – Environmental Impact Statement, 44 acres are zoned Rl and the remaining 116 are zoned RC. At the next meeting, the applicant's traffic engineer will be addressing the board regarding the traffic study that was submitted. Please read the study that was sent to you in a previous packet prior to the meeting on Thursday and be prepared with comments/questions. Comments from the meeting on January 20, 2005: The board requested the following information: • A plan showing the entire area surrounding the proposed development, including the land in Peabody and the abutting parcels. • A three-dimensional view of the land. ■ The applicant to show the wetlands buffer zone on the plans ■ Show how the open space is connected and usable • The number of homes that could be built using a conventional subdivision plan • The certification for the cleanup of the superfund site • Funding from the applicant to do a peer review of the traffic study. The board will hold a site visit when weather allows. Continuation of Public Hearing—Definitive Subdivision,Wetlands Special Permit— Cedarcrest Avenue Extension—Paul Cassell This project includes the construction of three single-family homes and the extension of Cedarcrest Avenue, which is located off of Loring Avenue. The applicant is subdividing the two parcels at 31 1 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 4 WWW.SALEM.COM • and 33 Cedarcrest Avenue into three parcels, each having an area over 15,000 square feet and 100 feet of frontage. The applicant has proposed to build a cul de sac at the end of Cedarcrest. The parcels will need to file with the Conservation Commission as the proposed dwellings and roadway are well within the wetlands 100-foot buffer zone. One of the proposed homes is at the closest point, thirty (30) feet from the direct wetland. All homes fall within the 100-foot buffer zone. The Conservation Commission may want to make changes to the footprints of the proposed homes. Updated Information: The applicant has filed with the Conservation Commission and will be heard on March 24, 2005. Revised plans have been included in this packet. Also included in this packet is a letter from the Division of Fisheries and Wildlife. The board made the following comments at the previous meeting. • The Fire Department should review the cul de sac radius Lighting should be provided The Board would like to make the Conservation Commission's findings part of their decision • The Board would like information on the capacity of the sewage pumps • The Board asked the applicant to consider swales around the back of the properties. Continuation of Public Hearing—Site Plan Review, Waiver from Frontage Requirements-1 Cousins Street—Close Cousins LLC. This project includes the construction of six residential units in three duplex structures on the vacant • parcel at the corner of Cousins Street and Webb Street. The applicant is proposing to construct the residential units and subdivide the parcel into three separate lots, each having less than the required amount of frontage along Cousins Street, thus requiring a waiver from the frontage requirements. The proposal is that the six units would share a common driveway and parking spaces in the rear of the parcel. Access is shown off of Webb Street. Updated Information: Revised Plans have been included in this packet along with elevations. Also included are comments from the office of the City Engineer regarding the project. The board requested the following at the previous meeting: • Elevations A three-dimensional view of the site • Underground utilities Landscape Plan Public Hearing—Site Plan Review-7 Crombie Street—Winter River Realty The proposed project includes the redevelopment of the existing Mission building, which has a footprint of 7,268 square feet. The redevelopment will include the construction of approximately sixteen (16) Artists live/work condominium units. The project includes site improvements such as landscaping and lighting in the alley next to the building. . Plans and correspondence regarding the application are included in this packet. 2 • Comments from the office of the City Engineer: • The existing sewer service connection and portion of the sewer main down stream needs to be cleaned and inspected by CCTV. A tape of the findings needs to be analyzed for capacity and structural condition with a report and a copy of the tape submitted to Engineering for review. We are concerned that the sewer/service may not be adequate for the change in use of the building. Grease is a potential concern. • After the project work is substantially complete and the street utilities have been finished, the street surface needs grinding and paving curb-to-curb, 2-inch thickness. • There's no analysis of storm water drainage only proposed infrastructure. What is the capacity of the existing system that the project will be discharging into and what is the design capacity of the new works? • • 3 � CICLERK S OFF GEA • CITY OF SALEM PLANNING BOARD 11105 MAR 21 A `� 01 Notice of Meeting You are hereby notified that the Salem Planning Board will hold its regular meeting on Thursday, March 24, 2005, at 7:00 PM in Room 313,Third Floor at 120 Washington Street. Wa v`�• � Ly IV Walter B. Power, M Chairman 1. Continuation of Public Hearing—Form C—Definitive Subdivision, Cluster Residential Development, Wetland Special Permit-57 Marlborough Road—Osbome Hills Realty Trust 2. Continuation of Public Hearing—Definitive Subdivision, Wetlands Special Permit— Cedarcrest Avenue Extension—Paul Cassell 3. Continuation of Public Hearing—Site Plan Review, Waiver from Frontage Requirements-1 Cousins Street—Close Cousins LLC. 4. Public Hearing—Site Plan Review-7 Crombie Street—Winter River Realty 5. Approval of Minutes 6. Old/New Business a This notice postal on "Official Bulletin Board" City Hall Ave., Salem, Mass. on -,'/, acos at 9'0geri in accordance t.Ath Chap. 39 Sec. 23A 23B of M.G.L. 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 9 TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM • Salem Planning Board Minutes of Meeting Thursday, March 24, 2005 A regular meeting of the Salem Planning Board was held on Thursday March 24, 2005 in the third floor conference room at 120 Washington Street, Salem, Massachusetts at 7:00 p.m. Those present were: Walter Power, Paul Durand, John Moustakis ,Pam Lombardini, Christine Sullivan, Gene Collins, Chuck Puleo and David Weiner. Also present was, Staff Planner Valerie Gingrich, Members Absent: Tim Ready Continuation of Public Hearing - Form C Definitive Subdivision - Cluster Residential Subdivision - Wetland Special Permit - Osborne Hills Realty Trust Atty. Brian McGrail addressed the Board and explained that he has two consultants present this evening to make presentations on the traffic study and the open space plan for the project. He introduced Mr. Michael Abend of Abend Associates to present the traffic study. Mr. Abend presented the traffic study that was submitted to the Planning Board. He explained the traffic study and the processes that they used to count traffic etc. He particularly noted that they did specific traffic counts on Highland Avenue, Barcelona Avenue and Ravenna and Marlborough Road and Highland Avenue. • He noted that they researched the number of traffic accidents in the areas surveyed and found that there were 50 accidents along Marlborough Road and noted that, that figure should be brought down with the roadway improvements that are being done. He also noted that there were 17 accidents at Barnes and Highland Avenue over a three year period noting that 11 were in the first year researched and 6 in the other two years. He also reported that there were 77 accidents at the intersection of Highland Avenue, Traders Way and Marlborough Road in that same three year period. Mr. Abend reported that there are three areas that they look at when conducting the study regarding the future of the area in relation to the development. He stated that the growth of the region over five years is figured at 2% per year and in this case that would be 10%. Specific projects in the area are also considered and noted that for this study the property owned by Mr. DiBiase in Peabody was not considered because the standard methodology calls for the property to be before a Board or agency for approval to be considered and the Peabody site is not being considered by any boards or agencies in Peabody. The third area of consideration is roadway improvement and Mr. Abend cited the Marlborough Road improvement project and the pending Mass Highway evaluation of the traffic signals from Walmart to Willson Street. Mr. Abend also noted that they considered the impact of the single family homes noting that there are two distinct parcels and they analyzed the trips and found that overall the numbers would be slightly higher. He also noted that they did an analysis • of the trips in and out of the neighborhoods at peak times in the neighborhoods. He noted that the amount of traffic on Barcelona would be twice what it is now, noting 1 that there are 45 vehicles exiting in the AM at a rate of one per minute and that • would translate to 1 V2 cars per minute. Mr. Abend also stated that the applicant is considering mitigation of the Impact from this development. Gene Collins suggested that an additional lane for traffic is needed on Marlborough Road to support the traffic. He also noted that there should be a change In the configuration of the Marlborough Road and Highland Avenue intersection noting that there is significant traffic back up there during peak hours. He also stressed that there is going to be an impact and he would like to see that filtered to a venue that would result In minimal Impact to the area. Christine Sullivan questioned whether they did their traffic counts during the hours of 2:00 - 3:00 p.m. Mr. Abend stated that they did not do any traffic counts during that time. Ms. Sullivan stated that they should have as that is the time when there is a real grid lock in Salem traffic. She stated that she wants to make sure that they are not undercounting the impact. Mr. Abend explained the times that they did their traffic counts and stated that they will take a look at that hour. Ms. Sullivan noted that they are using two peak traffic hours and in Salem there are three hours of peak traffic. Mr. Abend stated that they would take a look at that, but noted that he believed that the conclusions of the study would not change. David Weiner asked If there was any data available on the traffic study on the Peabody side of the property. Mr. Abend stated that a draft has been prepared for the client to review and he could provide that at the next meeting. • David Weiner stated that he has no problem with their methodology, but he does question the conclusion. He stated that he is concerned about the safety of children In the neighborhood, noting that younger professionals moving Into the area may tend to drive faster and there are areas on Barcelona and Ravenna that drivers should be careful of. David Wiener noted that the level of service on Marlborough Road cannot get any worse, noting that there is a lot of opportunity for Improvement In that Intersection. Chuck Puleo expressed his concern about the traffic tie ups on Highland Avenue between 2:00-4:00 p.m. He noted that there is a major problem from Swampscott Road that results in grid lock near Barnes Road and It gets bad again between 5:00- 6:00 p.m. Chuck Puleo noted that there are still a few lots that are buildable at the end of Barcelona Avenue and those should be considered when potential traffic is analyzed. Walter Power suggested that members keep a list of suggestions for the peer review of the traffic study. John Moustakis asked if they did any traffic counts on Saturdays. Mr. Abend explained that the retail activity generates the traffic problem up there on Saturday. John Moustakis noted that every traffic study presented to the Board shows little or no Impact on Highland Avenue and It gets progressively worse. He stressed the need for a comprehensive traffic study of the whole area. • 2 David Weiner questioned if much of the Peabody traffic is expected to find its way to • Salem. Mr. Abend stated that most of it will end up in Salem. Walter Power asked If the new housing to the North of the shopping center was considered for this traffic study. Mr. Abend stated that he did consider that In this study. Walter Power requested Information on what the impact would be if the whole subdivision came out onto Marlborough Road. Mr. Abend stated that they would prepare that for the next meeting. Walter Power also stated that he would like Mr. DIBiase to take into consideration limiting the access coming into Salem from the Peabody sites, and asked If there was any data or estimate on additional traffic on Marlborough Road. Mr. Abend stated that the Information was not considered in this study but it was for the Peabody study. Walter Power questioned if the traffic studies would have been different If there had been traffic lights at Barcelona and Ravenna. Mr. Abend noted that there is a traffic light at the comer of Ravenna. Walter Power opened the hearing up for public comment at this time. Mike Kennedy addressed the Board and expressed his concerns about the traffic counts on Marlborough Road. He stated that they were done when the construction was going on Marlborough Road and suggested that they redo them, noting that a lot of people didn't use the road because of the construction. He also suggested that they see how far the traffic backs up on Marlborough Road, noting that sometimes It • backs up to the Peabody line. There being no further questions or comments regarding this matter, Walter Power thanked Mr. Abend for the presentation. Atty. McGrail addressed the Board and Introduced Mr. Samual Migate to make a presentation on the open space proposed. Mr. Migate reviewed the areas proposed to be open space in the cluster subdivision. He noted that this will be a nice resource for the neighbors and the city. Chuck Puleo suggested that the Board visit the site and asked if it were possible for the Board to see the trails and open space in some kind of order. Mr. Migate stated that the Board should be able to get a good idea of the open space after the snow melts. Gene Collins expressed his concern that this is a large amount of land to maintain and suggested he would like to see a maintenance plan. Mr. Migate agreed and suggested that the area would be best left in Its natural state. Mr. Migate also suggested that In some communities they have occasional cleanup of areas and clean up branches etc. He suggested that there should be a plan to address that, and noted that he needs to know more about the proposed ownership of the property. He also noted that things like who is going to enforce regulations regarding ATVs etc. should be considered as well. 40 3 Mr. Migate also suggested that Chris Mello has laid this site out well and the impact • to the wetlands Is minimal. Christine Sullivan stated that she would still like to know how many conventional units the developer can build by right and how many in the cluster subdivision. She also requested that they define the slope beyond the 20%. Ms. Sullivan also stated that she would like to see where the wetlands are on the plan and how much usable open space there will be. She stressed that the Board needs to explore these issues fully in their deliberations. Walter Power stated that he would like to see the open space maintained in Its natural state as Is the Salem Woods. He also agreed that a site visit would give the Board a clearer picture of what is out there for open space. Christine Sullivan stated that she would still like to see a plan that shows everything on it. Walter Power stated that he would also like information on the wildlife and the organization of the open space. He stated that he wants to make sure that we don't create areas that can be misused. Walter Power opened the hearing up for public comment at this time. David Pelletier of Crombie Street addressed the Board and stated that he likes the Idea of the open space being maintained in Its natural state. He noted that this Is an area much like Salem Woods that Is a unique piece of Salem. Atty. McGrall stated that he would like to work on getting the traffic Peer Review . started. He stated that they would work on the requests of the Board for the next meeting. There being no further questions or comments regarding this matter a motion was made by Chuck Puleo to continue the public hearing to April 21, 2005, seconded by Christine Sullivan and approved (8-0). Continuation of Public Hearin - Definitive Subdivision - Wetlands Special Permit - Cedarcrest Avenue Extension - Paul Cassell Atty. George Atkins addressed the Board and explained that they have presented their plans to the Conservation Commission this evening. He also noted that they have revised the plans in accordance with the wishes of the Planning Board and the Engineering Department. He explained that they have added a three foot grass planting strip and provided roadway details. He also noted that they have added sidewalks along the cul-de-sac. Atty. Atkins also reported that they have added two lights and are requesting a waiver for the fire alarm box. Walter Power noted that he would like an opinion from the Fire Department on the waiver for the alarm box. Chuck Puleo noted that an abutter from Vinnin Square was concerned about water problems as the result of this development. Bob Griffin addressed the Board and explained that since this is a small subdivision • they are not required to comply with all of the storm water management regulations, however they are constructing a storm water management system that fully 4 complies. He explained that they are constructing detention basins with a swale and • double catch basins and the end of the cul-de-sac will have a treatment device and will go to the detention basin. He explained that they plan for a level spreader to the wetlands. Mr. Griffin noted that the Conservation Commission was Impressed with the features of the storm water management plan. He also noted that they expect approval from the Conservation Commission at their next meeting. Mr. Griffin also reported that they appeared before the Salem Board of Health and got approved. Walter Power expressed concern about an open pond If the detention basin fills up. He suggested that they construct a fence for the safety of the neighborhood kids. Walter Power stated that he likes the layout of the plan and suggested that the Board require that they submit a plan for the removal of the ledge for the road up above. Atty. Atkins stated that he would like the Board to make that a condition In the approval noting It would be hard to note that on the plan. Walter Power stated that he expects that the Board will have the recommendations from the Conservation Commission and the City Engineer at the next meeting and a draft decision can be reviewed. Walter Power opened the hearing up for public comment at this time. There was no one present who wished to comment on the matter. • There being no further questions or comments regarding this matter a motion was made by Gene Collins to continue the public hearing to April 7, 2005, seconded by Christine Sullivan and approved (8-0). Continuation of Public Hearing - Site Plan Review - Waiver From Frontage Requirements - 1 Cousins Street - Close Cousins 11C Atty. Jack Keilty addressed the Board and explained that since the last meeting they have met with the Department of Public Services and reviewed the drainage plan for the site. He noted that they also submitted a drainage analysis and the Department of Public Services approved them. Atty. Keilty also reviewed the changes that they have made to the plan at the suggestion of the Planning Board. He explained that they have changed the location of the utilities as well as revisited the details of what the units will look like. He described the changes to the look of the buildings noting that they are more colonial looking. He also noted that they have made some changes to the windows in the rear of the building. He also noted that they now have a single entrance to the site on Webb Street and all of the parking on the site is in the rear. Atty. Keilty also reported that in response to the ZBA they have continued the fence, but noted that they are not proposing a fence for the rear of the property as It will Impact the neighbors light so they are proposing landscaping for privacy along the back. • 5 Gene Collins recalled that there was a catch basin proposed for the parking lot. Atty. • Keilty explained the reason for that change and noted that the Department of Public Services had a concern about an electrical unit and they eliminated that catch basin. Walter Power expressed his concern about this and requested that the Planning Department check on that with Mr. Nerden. Walter Power stated that he would like to see a catch basin at each restriction in the parking lot. Jack Keilty explained that they could add a catch basin but there are no obstructions in the parking area. Chuck Puleo asked if there were any catch basins on Cousins Street. Chris Mello explained that there are none there. They could go to Webb Street, but that would require crossing a trench. Christine Sullivan asked what the siding was on the house. Atty. Keilty stated that it would be wood clapboards. Atty. Kellty requested that the Board approve the project with a condition that they find out about the catch basin from Mr. Nerden, Assistant Engineer. Walter Power noted that this was talked about at the last meeting and stated he would talk to Mr. Nerden. Chris Mello suggested that they could build a catch basin with a leaching field of crushed stone and explained how that would work. Walter Power agreed and suggested that they provide a detail of that for Mr. Nerden. Chuck Puleo questioned if there would be gutters and downspouts as they are not shown on the plan. Chris Mello noted that it Is a small lot and they have minimized the runoff by a third by installing the grass. • Walter Power opened the hearing up for public comment at this time. Lou Grocki addressed the Board and expressed his concern that the neighborhood is already crowded and this project will Impact that. He stated that he is opposed to this project. Paul Grocki addressed the Board and expressed his concern about the storm drain at the comer of Cousins Street and suggested the Board take a look at that. He also noted that at the last meeting they were going to show a drawing of the development In relation to the neighborhood. He also expressed concern about the buildings being prefabricated. David Pelletier addressed the Board and noted that when he purchased his home he was required to put down spouts and gutters on the house. Walter Power asked If there were any further questions regarding this matter. There being none Gene Collins moved to dose the public hearing, seconded by Christine Sullivan and approved (8-0). Valerie Gingrich reviewed a draft decision with the Board. She noted that they were also asking for a waiver from frontage and approval of a Form A application. Walter Power questioned what type of lighting they have In the rear of the property. Atty. Keilty stated that there were porch lights back there. Walter Power asked if • they have talked to the neighbors regarding a fence In the back of the property. Walter Power recalled that at the last meeting they had agreed to a four foot fence. Atty. Keilty stated that they did not agree to a fence. Gene Collins noted that he 6 talked to a couple of neighbors and they did not want street lights back there and did • not want a fence blocking their property. Christine Sullivan asked about the lighting that Is proposed. She noted that we are talking about six homes in a row with adequate parking and she wants to be sure that the lighting is sufficient. Atty. Keilty stated that they felt if they put high powered lighting out there It would be Intrusive to the neighbors. He also noted that they collaborated on this with the neighbors and the back of the units have the porch lights. , David Weiner suggested that the proposed landscaping would shade the lighting. Walter Power clarified that there would be a light attached to the back of building for each unit. Valerie Gingrich noted that she will add a condition that the applicant shall Install a handicap ramp on the other side of Cousins Street. The location of the ramp shall be reviewed and approved by the office of the City Engineer prior to the Issuance of the building permit. She also noted that the applicant shall Install a handicap ramp on the opposite side of Cousins Street. Valerie Gingrich also noted that she would add a condition that the applicant shall install a catch basin and leaching field In the center of the parking opposite the center wall on lot B and be good for at least a 20 year storm. The detail should be reviewed and approved by the office of the City Engineer prior to the Issuance of a building permit. • A discussion was held regarding the proposed landscaping for the rear of the property. It was suggested that they plant arborvitae or other shrubbery there. Walter Power suggested that a condition be included that a row of low shrubs be planted along the back line that would shade the abutters from headlights. The plan should be reviewed and approved by the City Planner. John Moustakis moved to approve the draft decision as amended for Site Plan Review for 1 Cousins Street, submitted by Close Cousins LLC, seconded by Pam Lombardini and approved (7-1). See decision dated April 6, 2005 attached hereto and hereby Incorporated as part of these minutes. Gene Collins moved to approve the Waiver from Frontage Requirements for 1 Cousins Street - Close Cousins LLC, seconded by Christine Sullivan and approved (7- 1). See decision dated April 6, 2005 attached hereto and hereby Incorporated as part of these minutes. Gene Collins moved to approve the Form A for 1 Cousins Street - Close Cousins LLC, seconded by Pam Lombardini and approved (7-1). Public Hearing - Site Plan Review - 7 Cromble Street - Winter River Realty - Mark Meche Paul Durand recused himself from discussion of this matter. Mark Meche addressed the Board and made a presentation on his proposal to • redevelop the present Crombie Street Church Into 16 artist live/work units. He noted that It is an adaptive reuse of the existing church. He explained where they are In 7 their permitting process and noted that they have met with the neighbors and have • been before the SRA. He noted that the project was well received by the SRA who sent it to the Design Review Board, which they met with last night. Mr. Meche explained the concept of the buyer live/work space. He noted that it is work force housing and will sell for about $200,000 - $300,000. He stated that It Is an attempt to get more people living downtown. Mr. Meche also note that they are planning to build to suit. He explained that they can size the units according the buyers' needs. Mr. Meche also noted that the reason that they can afford to bring the prices down is because they are doing a gentle renovation. He noted that some of the competing interest in this project had targeted it for higher end housing, which would require much more extensive work. He explained the renovations that they plan. Mr. Meche reviewed the plans with the Board. He noted the changes that they are proposing. He noted that one of the two major comments from the neighbors was that they want them to do more with the front of the building. He noted that another big feature to the project Is that they are Including a courtyard that will serve as access to the units and provide space for limited outdoor art activity. Mr. Meche reviewed the parking for the site, noting that there is no on site parking and it has been suggested to them that they look into leasing spaces from Holyoke Insurance and they are pursuing that and there is a municipal lot in the area that could be used at night. • Chuck Puleo asked where the trash storage Is proposed on the site. Mr. Meche located the area on the plan. Chuck Puleo suggested that they should consider locating that In the back of the property. Walter Power opened the hearing up for public comment at this time. Ward three Councillor Jean Pelletier addressed the Board and expressed his concerns about parking in the downtown and the impact that this project will have. David Pelletier of Crombie Street addressed the Board and made suggestions about the front of the building. There being no further questions or comments regarding this matter a motion was made by Christine Sullivan to continue the public hearing to April 7, 2005, seconded by Gene Collins and approved (7-0). There being no further business to come before the Planning Board this evening a motion was made by John Moustakis to adjourn the meeting, seconded by Pam Lombardini and approved. The meeting was adjourned at 11:00 p.m. Respectfully submitted by: • Eileen M. Sacco, Clerk 8 n , ship CITY OF SALEM C11"' c� SA!EM, MA CLERK'S OWitE PLANNING BOARD Decision x-778 For The Petition Of Close Cousins LLC For A Waiver From Frontage At 1 Cousins Street A Public Hearing on this petition was held on January 20, 2005 and March 24, 2005. The Public Hearing was dosed on March 24,2005 with the following Board members present: Walter B. Power, III, Chairman;John Moustakis;Pam Lombardini; Gene Collins; Chuck Puleo; Christine Sullivan;Tim Ready; and David Weiner. Notice of this meeting was sent to abutters and notice of the hearing was properly published in the Salem Evening News. Close Cousins LLC,owner of the property,is requesting a waiver from frontage requirements from the Subdivision Regulations and under MGL Chapter 41, Section 81R, to allow the property located at 1 Cousins Street to be subdivided into three lots. This section states that "A Planning Board may in any particular case,where such action is in the public interest and not inconsistent with the intent and purpose of the subdivision control law,waive strict compliance with its rules and regulations, and with frontage or access requirements specified in the law...." The waiver from frontage is being granted for the property located at 1 Cousins Street, as shown on the plans titled, "Subdivision plan of Land located in Salem,Mass."Prepared by Eastern Land Survey Associates, Inc. prepared for Close Cousins Realty Trust" dated December 9, 2004 upon the • findings by the Board that: 1. Special circumstances exist which especially affect the land and structures involved and which are not generally affecting other land and structures involved; 2. Literal enforcement of the provisions of the Regulations would involve substantial hardship, financial or otherwise, to the petitioner;and Therefore, the Planning Board voted by a vote of eight (Power,Puleo,Moustakis, Lombardini, Sullivan, Weiner, Ready,Collins) in favor, none opposed, to grant the waiver from frontage requirements for 1 Cousins Street. This endorsement shall not take effect until a copy of the decision beating certification of the City Clerk that twenty (20) days have elapsed and no appeal has been filed or that if such appeal has been filed that it has been dismissed or denied,is recorded in the Essex South Registry of Deeds and is indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of tide. The owner or applicant shall pay the fee for recording or registering. I hereby certify that a copy of this decision is on file with the City Clerk and that a copy of the Decision and plans is on file with the Planning Board. • Walter B Power, III Chairman 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 • WWW.SALEM.COM CITY 0'r SAL Fw1: MA CITY OF SALEM CLERKS OEY _ICE PLANNING BOARD ZOOS.RPR.-6;.P-3:18 Site Plan Review Decision April 6, 2005 Close Cousins LLC C/o John R. Keilty, Esquire 40 Lowell Street Peabody, MA 01960 RE: 1 Cousins Street Site Plan Review Decision On Thursday,January 20,2005, the Planning Board of the City of Salem opened a Public Heating regarding the application of Close Cousins LLC under Site Plan Review for the construction of six • residential units in the form of three duplex structures with associated utilities,landscaping and eighteen (18) parking spaces. The public heating was continued to February 3,2005, February 17, 2005,March 3, 2005, and March 24, 2005. The Public Hearing was dosed on March 24, 2005. At the regularly scheduled meeting of the Planning Board held on March 24, 2005, the Board voted by a vote of seven in favor (Puleo, Moustakis, Ready,Lombardini, Sullivan, Collins,Weiner),one opposed (Power), to approve the application as complying with the requirements of Site Plan Review subject to the following conditions: 1. Conformance with the Plan Work shall conform with the plans entitled, "Site Development Permit Plan, 1 Cousins Street,Salem, Massachusetts, Proposed Duplex Residences," prepared by Eastern Land Survey Assoc., Inc. 104 Lowell Street,Peabody,MA 01960, dated September 1, 2004, and revised December 10, 2004,January 31, 2005, and March 8, 2005: and the elevations entitled "Cousins Street Property," prepared by Siemasko + Verbridge, 126 Dodge Street,Beverly, MA 01915. 2. Amendments Any amendments to the site plan shall be reviewed by the City Planner and if deemed substantial by the City Planner, shall be brought to the Planning Board for a vote. Any waiver of conditions contained within shall require the approval of the Planning Board. • 3. Landscaping a. Any proposed landscaping shall be done in accordance with the approved set of plans. 120 WASHINGTON .STREET, SALEM, MASSACHUSETTS 01970 9 TEL: 978.745.9595 FAx: 978.740.0404 ♦WWW.SALEM.COM b. The applicant shall coordinate with the City of Salem Cemetery &Shade Tree • Department for the selection of street trees. The selection and placement of street trees shall be reviewed and approved by the Department of Planning& Community Development prior to installation. c. The final landscaping plan shall be approved by the City Planner prior to the issuance of a building permit d. The applicant shall install a row of low shrubs along the rear property line. The specifications, quantity and location shall be approved by the Department of Planning &Community Development prior to the issuance of a building permit. 4. HVAC If an HVAC unit is located on the roof or site,it shall be visually screened. The method for screening the unit shall be submitted to the City Planner for review and approval prior to installation. 5. Noise Following occupancy of the building,if the Department of Planning& Community Development receives any complaints concerning noise emanating from the air conditioner units, the applicant shall be required to show that the decibel level is no higher than the pre- development level and if so, shall submit a plan for review and approval by the City Planner to make any improvements necessary. • 6. Signage All proposed signage shall be reviewed and approved by the City Planner prior to the issuance of a sign permit 7. Lighting a. No light shall cast a glare onto adjacent parcels or adjacent rights of way. b. A final lighting plan shall be submitted to the City Planner and the City Electrician for review and approval prior to the issuance of a building permit. c. After installation,lighting shall be reviewed by the City Planner and the City Electrician prior to the issuance of a Certificate of Occupancy. 8. Construction Practices All construction shall be carried out in accordance with the following conditions: a. The operation of tools or equipment used in construction or demolition work shall occur in accordance with Salem Ordinance Section 22-2 (5)• Construction and Blame and between the hours of 8:00 AM and 5:00 PM on weekdays and Saturdays. No work shall take place on Sundays or holidays. The Planning Board will agree to changes in the starting time, at the request of the applicant and if approved by a formal • vote of the City Council, as per the ordinance. 2 • b. Any blasting, rock crushing, jack hammering, hydraulic blasting, or pile driving shall occur in accordance with Salem Ordinance Section 22-2 (,.)5 : Construction and Blasting and be limited to Monday-Friday between the hours of 8:00 AM and 5:00 PM. There shall be no blasting,rock crushing,jack hammering, hydraulic blasting, or pile driving on Saturdays,Sundays,or holidays. c. Blasting shall be undertaken in accordance with all local and state regulations. d. All reasonable action shall be taken to minimize the negative effects of construction on abutters. Advance notice shall be provided to all abutters in writing at least 72 hours prior to commencement of construction of the project. e. All construction vehicles and equipment shall be cleaned prior to leaving the site so that they do not leave dirt and/or debris on surrounding roadways as they exit the site. f. The applicant shall abide by any and all applicable Hiles,regulations and ordinances of the City of Salem. g. All construction vehicles and equipment left overnight at the site must be located completely on the site. h. No Street shall be closed without prior approval of the Department of Planning and Community Development,unless deemed an emergency by the Salem Police • Department. 9. Construction Traffic & Phasing a. All construction will occur on site;no construction will occur or be staged within City right of way. Any deviation from this shall be approved by the Department of Planning&Community Development prior to construction. b. A construction traffic/phasing management plan and schedule shall be submitted to the Department of Planning&Community Development for review and approval prior to the issuance of a building permit. c. Any roadways,driveways, or sidewalks damaged during construction shall be restored to their original condition by the applicant. d. The applicant shall clean construction vehicles before they exit the construction site, and clean and sweep all streets affected by their construction truck traffic as necessary. 10. Sidewalk a. The applicant shall install a six-inch deep concrete sidewalk between the driveway and Webb Street. b. The location of the Handicap Ramp to be located on Cousins Street shall be set back • from the intersection to allow fora ramp on the other side of Cousins Street. The location of the ramp shall be reviewed and approved by the office of the City Engineer prior to the issuance of a building permit. 3 c. The applicant shall install a handicap ramp on the opposite side of Cousins Street in a • location to be reviewed and approved by the office of the City Engineer prior to the issuance of a building permit. 11. Curb cuts on State Highways The applicant, if the property abuts a state highway shall obtain a curb-cut permit from Mass Highway prior to the issuance of a building permit. 12. Salem Redevelopment Authority All work shall comply with the requirements of the Salem Redevelopment Authority. 13. Conservation Commission All work shall comply with the requirements of the Salem Conservation Commission 14. Clerk of the Works The services of a consultant to serve as a Clerk of the Works shall be provided by the City, at the applicant, his successors or assigns' expense,as is deemed necessary by the City Planner. 15. Salem Health Department All work shall comply with the requirements of the Salem Health Department,if applicable. • 16. Office of the City Engineer The applicant, his successors or assigns shall comply with all requirements of the City Engineer. 17. Fire Department All work shall comply with the requirements of the Salem Fire Department. 18. Office of the Building Commissioner All work shall comply with the requirements of the office of the Salem Building Commissioner. 19. Utilities Any utility installation shall be reviewed and approved by the City Engineer prior to the issuance of a Building Permit. 20. Drainage a. The drainage plan for the site shall be reviewed and approved by the Office of the City Engineer prior to the issuance of a building permit. b. The applicant shall install a catch basin with a leaching field to handle a twenty-year storm opposite the center wall on Lot B. The applicant shall submit a detail of the leaching basin to the Office of the City Engineer for review and approval prior to the issuance of a building permit. • 21. Maintenance a. Refuse removal,ground maintenance and snow removal shall be the responsibility of the 4 r applicant. • b. Winter snow in excess of snow storage areas on the site shall be removed off site. c. Maintenance of any landscaping shall be the responsibility of the applicant, his successors or assigns. The applicant, his successors or assigns, shall guarantee all trees and shrubs for a two-year period. 22. As-built Plans As-built plans, stamped by a Registered Professional Engineer, shall be submitted to the Department of Planning and Community Development and Department of Public Services prior to the issuance of the final Certificate of Occupancy. 23. Violations Violations of any condition shall result in revocation of this permit by the Planning Board, unless the violation of such condition is waived by a majority vote of the Planning Board. I hereby certify that a copy of this decision and plans has been filed with the City Clerk and copies are on file with the Planning Board. The Decision shall not take effect until a copy of this decision bearing the certification of the City Clerk that twenty (20) days have elapsed and no appeal has been filed or that if such appeal has been filed, and it has been dismissed or denied, is recorded in the Essex South Registry of Deeds and is indexed under the name of the owner of record is recorded on the owner's Certificate of Title. The owner or applicant, his successors'or assigns, shall pay the fee • for recording or registering. V V Walter B Power, III Chairman • 5 CITY OF SALEM PLANNING BOARD MEMORANDUM TO: Planning Board Members FROM: Valerie Gingrich, Staff Planner Department of Planning& Community Development DATE: February 11, 2005 RE: Meeting Cancellation—February 17, 2005 The meeting to be held on February 17, 2005 has been cancelled due to lack of a quorum and requested continuances. As most of you know, the Board had to continue two of the items on the last meeting's agenda due to lack of a quorum. We have two public hearings open for special permits: Cousins Street and Osborne Hills. Special permits require that the board members who vote on the project attend all the public hearings on the application and at least six members are needed to approve a special • permit. The following members are eligible to vote on the Cousins Street project: Walter Power,John Moustakis, Pam Lombardini, Christine Sullivan, Gene Collins, and David Weiner. The following members are eligible to vote on the Osborne Hills project: Walter Power,John Moustakis, Pam Lombardini, Paul Durand, Christine Sullivan, Gene Collins, and David Weiner. It is very important that you let me know which meetings you will be able to attend in the next four months. If you are able to attend, we ask that you be at the meeting. We understand that you may not be able to make it in case of an emergency. Please contact me as soon as possible in such an instance. Our meeting schedule for the next four months is as follows: ■ March 3, 2005 ■ May 5, 2005 ■ March 24, 2005 ■ May 19, 2005 ■ April 7, 2005 ■ June 2, 2005 ■ April 21, 2005 • June 16, 2005 Please let me know which meetings you will be able to attend. • 1 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 WWW.SALEM.COM 01TY OF c CL ERWf S p F CE A CITY OF SALEM PLANNING BOARD 1895 FEB 14 P 2` 2o , NOTICE OF CANCELLATION OF MEETING You are hereby notified that the Salem Planning Board meeting scheduled to be held on Thursday, February 17, 2005, at 7:00 PM in Room 313,Third Floor at 120 Washington Street has been cancelled. The next regularly scheduled Planning Board meeting will be held on Thursday, March 3, 2005. WALtS?V-w-Xp& • Walter B. Power, III Chairman This notice posted on "Official Bulletin Board" City Wall Ave., Salem, Mass. on a /y D'r at in accordanos with 6haii. 39 8w 23A A 23B of M.G.L. _- 14 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM CITY OF SALEM PLANNING BOARD Notice of Meeting Mwntl& C*AGfAAo0*P You are hereby notified that the Salem Planning Board will hold its regular meeting on Thursday, March 3, 2005, at 7:00 PM in Room 313,Third Floor at 120 Washington Street. 1rJAbkl �� ►� vr, Walter B. Power, ID Chairman 1. North Shore Wind Program—Sam Cleaves, Metropolitan Area Planning Council 2. Continuation of Public Hearing—Form C—Definitive Subdivision, Cluster Residential Development, Wetland Special Permit-57 Marlborough Road—Osborne Hills Realty Trust • 3. Continuation of Public Hearing—Definitive Subdivision, Wetlands Special Permit— Cedarcrest Avenue Extension—Paul Cassell 4. Continuation of Public Hearing—Site Plan Review, Waiver from Frontage Requirements-1 Cousins Street—Close Cousins LLC. 5. Approval of Minutes 6. Old/New Business a rr..I� ::0O NCIi F- r- nm N F3 w n This notice posted on "Official Bulletin Board" City Hall Ave., Salem, Mass. on MAR I - 2 at ' j in accordarce with Chep. 35 23A �of M.G.L. 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 WWW.SALFM.COM 0 �v� o CITY OF SALEM f PLANNING BOARD MEMORANDUM TO: Planning Board Members FROM: Valerie Gingrich, Staff Planner Department of Planning& Community Development DATE: February 22, 2005 RE: Agenda–March 3, 2005 The following is a brief description of the items,which ate 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. North Shore Wind Power Project—Sam Cleaves, Metropolitan Area Planning Council The Metropolitan Area Council is working with ten communities in the North Shore region to provide technical and educational assistance for the siting of onshore wind turbines with the goal of increasing public acceptability for these projects. Products include two public educational forums • on wind power and siting wind turbines locally,wind maps for each community and a survey of attitudes towards the use of wind power on the North Shore. 1v1APC will create an integration strategy for renewable energy into the regional growth strategy,which conununides outside of the ten-municipality study area will benefit from. In addition, Mt1PC is helping the City of Lynn draft a wind turbine siting ordinance as it moves forward to with its plan to use wind to power the city's sewage treatment plant. Communities included in the project include" Beverly, Essex, Gloucester, Ipswich, Lynn, Manchester-by-the Sea, Marblehead, Rockport, Salem and Swampscott. I have included two fact sheets in this packet. 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. At the next meeting, the applicant's traffic engineer will be addressing the board regarding the traffic study that was submitted. Please read the study that was sent to you in a previous packet prior to the meeting on Thursday and be prepared with comments/questions. Comments from the meeting on-January 20, 2005: • The board requested the following information: ■ A plan showing the entire area surrounding the proposed development, including the land in 120 WASHINGTON STREET, .SALEM, MASSACHUSETTS 01970 .TEL: 9to.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM Peabody and the abutting parcels. ■ A three-dimensional view of the land. The applicant to show the wetlands buffer zone on the plans Show how the open space is connected and usable ■ The number of homes that could be built using a conventional subdivision plan • The certification for the cleanup of the superfund site Funding from the applicant to do a peer review of the traffic study. The board will hold a site visit when weather allows. Public Hearing—Definitive Subdivision,Wetlands Special Permit—Cedarcrest Avenue Extension—Paul Cassell This project includes the construction of three single-family homes and the extension of Cedarcrest Avenue, which is located off of Loring Avenue. The applicant is subdividing the two parcels at 31 and 33 Cedarcrest Avenue into three parcels, each having an area over 15,000 square feet and 100 feet of frontage. The applicant has proposed to build a cul de sac at the end of Cedarcrest. The parcels will need to file with the Conservation Commission as the proposed dwellings and roadway are well within the wetlands 100-foot buffer zone. One of the proposed homes is at the closest point, thirty (30) feet from the direct wetland. All homes fall within the 100-foot buffer zone. The Conservation Commission may want to make changes to the footprints of the proposed homes. The board mad the following comments at the previous meeting • The Fire Department should review the cul de sac radius • • Lighting should be provided • The Board would like to make the Conservation Commission's findings part of their decision ■ The Board would like information on the capacity of the sewage pumps • The Board asked the applicant to consider swales around the back of the properties. Public Hearing—Site Plan Review, Waiver from Frontage Requirements-1 Cousins Street— Close Cousins LLC. This project includes the construction of six residential units in three duplex structures on the vacant parcel at the comer of Cousins Street and Webb Street. The applicant is proposing to construct the residential units and subdivide the parcel into three separate lots, each having less than the required amount of frontage along Cousins Street, thus requiring a waiver from the frontage requirements. The proposal is that the six units would share a common driveway and parking spaces in the rear of the parcel. Access is shown off of Webb Street. The board requested the following at the previous meeting ■ Elevations • A three-dimensional view of the site ■ Underground utilities • Landscape Plan The applicant revised the plans to show: • ■ The installation of a four foot metal fence along Cousins Street ■ The installation of six trees in the rear of the property 2 F � C CLERK CLERK'S OFFICE A CITY OF SALEM PLANNING BOARD 2005 FEB - I P 12: Ol Notice of Meeting You are hereby notified that the Salem Planning Board will hold its regular meeting on Thursday, February 3, 2005, at 7:00 PM in Room 313, Third Floor at 120 Washington Street. VJ„ AMSafin`".. y v� _ . . Walter B. Power, III _ Chairman 1. Public Hearing—Definitive Subdivision,Wetlands Special Permit—Cedarcrest Avenue Extension—Paul Cassell 2. Continuation of Public Hearing—Site Plan Review,Waiver from Frontage Requirements-1 Cousins Street—Close Cousins LLC. • 3. Continuation of Public Hearing—Form C–Definitive Subdivision , Cluster Residential Development, Wetland Special Permit-57 Marlborough Road—osbome Hills Realty Trust 4. Approval of Minutes -December 16, 2004 -Joint Public Hearing-December 16, 2004 5. Old/New Business This notice pos4ed on "Official Bulletin Board" City Hall Ave., Salem, N41ass. on fs. i, auoS at 1x. 01 N in accordance with Ch p. 39 S60. 23A A 230 of M.G.L. 0 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 0 WWW.SALEM.COM �v m CITY OF SALEM PLANNING BOARD MEMORANDUM TO: Planning Board Members FROM: Valerie Gingrich, Staff Planner Department of Planning&Community Development DATE: January 26, 2005 RE: Agenda—February 3, 2005 The following is a brief description of the items,which are fisted 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—Definitive Subdivision,Wetlands Special Permit—Cedarcrest Avenue Extension—Paul Cassell This project includes the construction of three single-family homes and the extension of Cedarcrest Avenue, which is located off of Loring Avenue. The applicant is subdividing the two parcels at 31 • and 33 Cedarcrest Avenue into three parcels, each having an area over 15,000 square feet and 100 feet of frontage. The applicant has proposed to build a cul de sac at the end of Cedarcrest. The parcels will need to file with the Conservation Commission as the proposed dwellings and roadway are well within the wetlands 100-foot buffer zone. One of the proposed homes is at the closest point, thirty (30) feet from the direct wetland. All homes fall within the 100-foot buffer zone. The Conservation Commission may want to make changes to the footprints of the proposed homes. The following information has been included in this packet: • Form C Application ■ Wetlands Special Permit Application ■ Environmental Impact Statement • Plans ■ Letter to Applicant regarding submission Public Hearing—Site Plan Review, Waiver from Frontage Requirements-1 Cousins Street— Close Cousins LLC. This project includes the construction of six residential units in three duplex structures on the vacant parcel at the corner of Cousins Street and Webb Street. The applicant is proposing to construct the residential units and subdivide the parcel into three separate lots, each having less than the required amount of frontage along Cousins Street, thus requiring a waiver from the frontage requirements. The proposal is that the six units would share a common driveway and parking spaces in the rear of the parcel. Access is shown off of Webb Street. • The following information has been included in this packet: I 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAX: 978.740.0404 • WWW.SALEM.COM J . Letter from the applicant Environmental Impact Statement The board requested the following at the last meeting • Elevations • A three-dimensional view of the site • Underground utilities • Landscape Plan The board will be holding a site visit to 1 Cousins Street (Corner of Webb and Cousins) on Saturday,January 291h at 9:OOAM. The applicant has agreed to mark out where the buildings will be located on the site. 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. At the next meeting, the applicant's traffic engineer will be addressing the board regarding • the traffic study that was submitted. Please read the study that was sent to you in a previous packet prior to the meeting on Thursday and be prepared with comments/questions. Comments from the last meeting*: The board requested the following information: ■ A plan showing the entire area surrounding the proposed development, including the land in Peabody and the abutting parcels. • A three-dimensional view of the land. • The applicant to show the wetlands buffer zone on the plans • Show how the open space is connected and usable • The number of homes that could be built using a conventional subdivision plan ■ J he certification for the cleanup of the superfund site • Funding from the applicant to do a peer review of the traffic study. The board will hold a site visit when weather allows. 2 • Salem Planning Board Minutes of Meeting Thursday, February 3, 2005 A regular meeting of the Salem Planning Board was held on Thursday, February 3, 2005 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, John Moustakis, Chuck Puleo, David Weiner and Christine Sullivan. Also present were City Planner Lynn Duncan, Staff Planner Valerie Gingrich, and Eileen Sacco, Clerk. Members Absent: Pam Lombardini, and Gene Collins Public Hearing — Definitive Subdivision Plan — Wetlands Special Permit — Cedarcrest Avenue Extension —Paul Cassell Attorney George Atkins addressed the Board on behalf of his client Paul Cassell. Arty. Atkins explained that this plan is the further extension of Cedarcrest Road, where the Board approved an ANR plan in 2003. He noted that a condition of that approval was that the Planning Board reviews the construction of lot 4. Bob Griffin the Engineer for the project addressed the Board and explained the plans. He stated that the plans call for a minor extension of Cedarcrest Avenue. Mr. Griffin stated that • the Director of Public Works supports the plans for the cul-de-sac, which call for 125 feet of new pavement to the cul-de-sac and there is ample space for trucks to turn around. Mr. Griffin also noted that this project requires Conservation Commission approval, although most of the roadway is outside of the buffer zone. Mr. Griffin explained the stormwater management plan for the site. He noted that the stormwater will be treated prior to discharge at the west end of the project. He also noted that they are planning for underground utilities and are extending the water main to provide service to the three houses. He further noted that they are waiting for Fire Department comments on the plan. Mr. Griffin stated that this plan calls for sidewalks to be installed, however the Board may not want that because there are no sidewalks there at present. Arty. Atkins reviewed a letter from the Salem Department of Planning & Community Development dated January 25, 2005 regarding the project. Arty. Atkins noted that they have addressed some of the concerns but will review it further and address those issues at the next meeting. Walter Power recalled that the Board visited the site a few years ago and noted that a provision of the approval was for the ledge along the roadway to be removed. Mr. Cassell • stated that the gas company will be extending the gas line and the ledge will be removed and the road widened to the original right of way. 1 • City Planner Lynn Duncan addressed the applicant on the issue of sidewalks and the proposed 2-'/2 foot grass strips. She stated that the 2-'/2 foot strips do not grow well and the city would prefer four-foot grass strips. Mr. Griffin stated that they have reservations about the sidewalks noting that they arc sidewalks to nowhere. He also noted that the neighborhood feedback is that they would rather not have sidewalks. Ms. Duncan stated that she prefers the sidewalks and feels that they will be helpful for the homes on that street. David Weiner asked if they are planning to install granite curbing. Mr. Griffin stated that they are planning to use granite curbing. Lynn Duncan suggested that they would need a second hydrant to provide flushing of the water line. Mr. Griffin stated that they are proposing a blow off at the end of the line to provide for flushing. The Planning Board reviewed a list of waivers requested for the project. Walter Power referred to the lighting plan and suggested that there should be some lights in the back end of the cul-de-sac. The applicant agreed. Walter Power stated that traditionally the Planning Board incorporates the Conservation Commission Order of Conditions in their approval. Mr. Griffin stated that they will file with the Conservation Commission. • Chuck Puleo questioned the sewerage plan for the project. Mr. Griffin stated that they would be using the same system that they used for the other three homes and each home will have an El pump. Walter Power stated that he would like to see the specifications for the storage capacity of the pumps. Walter Power opened the hearing up for public comment at this time. Margaret Wrynn of 34 Valiant Way addressed the Board and expressed her concern about the flooding in the area. She noted that there is a wet area behind the development. Edward Young of 25 Valiant Way addressed the Board and expressed his concern about flooding. Arty. Atkins reviewed the plan relative to the location of Mr. Young's property. He noted that they would be providing two dry wells on each lot to capture clean runoff, which will be large concrete chambers. Christine Sullivan questioned if they are improving the stormwater or holding it harmless. Mr. Griffin explained that they are using double catch basins and the treatment will remove suspended solids. Mr. Griffin stated that they would look at Mr. Young's property at get the lay of the land. Walter Power noted that their calculations will need to show that they are not increasing the peak runoff and if they can reduce it, that it would be helpful. Atty. Atkins noted that they are not flooding the condos and if fact they are quite a distance • from them. Walter Power suggested that they look into installing a Swale so there would be no surge of water. 2 • John Petrowski of 102 Marlborough Road addressed the Board and stated that from what he has observed what they are proposing will be helping the neighbors. Atty. Atkins stated that they would address the concerns of the Planning Department at the next meeting. There being no further questions or comments regarding this matter a motion was made by David Weiner to continue the public hearing to March 3, 2005, seconded by Christine Sullivan and approved. Continuation of Public Hearing — Site Plan Review — Waiver from Frontage — 1 Cousins Street—Close Cousins LLC Atty. Jack Keilty addressed the Board and stated that since the last meeting a site visit was held and they have looked at the lots and they are not exceeding lot coverage on the site. He also noted that they have made improvements to the plan as follows: 1. A six-foot wooden fence will be installed at the rear lot line in response to concerns raised by the neighbors at the last meeting. 2. Landscaping along the rear lot line has been redesigned to include low shrubs and trees. 3. Granite curbing shall be installed along Cousins Street. • 4. Curbing shall be installed within the parking area. Atty. Keilty noted that the contour of the lot runs from Lot C to Lot A naturally and they propose to reshape that by elevating the parking spaces slightly with a swale down the middle of the driveway to carry the flow. Walter Power informed Atty. Keilty that due to the lack of a quorum at this time, since Paul Durand has to recuse himself from these proceedings and not all members present were here for the last meeting, the Board would have to continue the public hearing to the next meeting of the Planning Board. Atty. Keilty noted that he understood and requested that the Board take up the matter of the Waiver from Frontage. Walter Power stated that the Board would rather act on everything at once. A discussion was held on whether there would be a quorum of the Planning Board for the next scheduled meeting on February 17, 2005. Atty. Keilty stated that they would request to continue to February 17, 2005 and if the Board needs to cancel they will agree to a further continuance. Chuck Puleo moved to continue the Public Hearing to February 17, 2005, seconded by David Weiner and approved. Public Hearing— Form C-Definitive Subdivision. Cluster Residential Development. Wetland • Special Permit— 57 Marlborough Road- Osborne Hills Realty Trust 3 • Paul Durand moved to continue the Public Hearing to February 17, 2005, seconded by John Moustakis and approved. Approval of Minutes The minutes of the meeting of December 16, 2004 were presented for approval. Christine Sullivan requested that the approval of these minutes be held over to the next meeting. The minutes of the meeting of December 16, 2004 Joint Public Hearing of the Planning Board and the Salem City Council were presented for approval. Christine Sullivan moved approval, seconded by David Weiner 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 8:15 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Planning Board • PB020305 4 ClTy LEh1. MA • CITY OF SALEM CLERK'S OFFICE PLANNING BOARD :1005 JAIV 5 Notice of Meeting You are hereby notified that the Salem Planning Board will hold its regular meeting on Thursday, January 20, 2005, at 7:00 PM in Room 313, Third Floor at 120 Washington Street. Walter B. Power, III Chairman 1. Form A-44 Memorial Drive—Paul Morin 2. Continuation of Public Hearing—Form C–Definitive Subdivision, Cluster Residential Development, Wetland Special Permit-Dell Street—Bartlett & Steadman Development Corp. • 3. Public Hearing—Site Plan Review, Waiver from Frontage Requirements-1 Cousins Street—Close Cousins LLC. 4. Public Hearing—Form C–Definitive Subdivision , Cluster Residential Development, Wetland Special Permit-57 Marlborough Road—Osborne Hills Realty Trust 5. Approval of Minutes -January 15, 2004 - December 2, 2004 6. Old/New Business This notice posted on "Official ®tin B ar ' _ City Hs"V©., a;lenn, Wass. on �� S . at ,' 1 % in accordance 23 2 of M-G-L- _ 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 • WWW.SALEM.COM m CITY OF SALEM PLANNING BOARD MEMORANDUM TO: Planning Board Members FROM: Valerie Gingrich V 6 Department of Planning&Community Development DATE: January 12, 245 RE: Agenda January 20, 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 311,if you have any questions pertaining to the agenda items. Form A-44 Memorial Drive—Paul Morin This Form A will convey a portion of the property at 42 Memorial Drive to the property at 44 Memorial Drive The 68 square foot, non-buildable lot, (Parcel A) will be combined with Lot 97 to make a total of 8,192 square feet for lot 97. Lot 98 at 42 Memorial Drive will have an area of 9,071 square feet after • parcel A is conveyed. The conveyance of this non-buildable lot will make lot 97 more non-confomzing and the applicant will have to apply for a variance in order to subdivide the lot. However, the Planning Board's concern with Form A applications is whether there is adequate access to the parcels in question. In this instance, the frontage of each parcel will not be changed by this Form A plan and the plan is appropriate for the board's signature. The board can make a note on the Form A decision,which states that the subdivision requires a variance from the Zoning Board of Appeals. Continuation of Public Hearing—Form C—Definitive Subdivision& Cluster Residential Development &Wetland Special Permit-Dell Street—Bardett&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. A draft of the recommended conditions of approval is included in this packet for your review. Public Hearing—Site Plan Review,Waiver from Frontage Requirements-1 Cousins Street— Close Cousins LLC. This project includes the construction of six residential units in three duplex structures on the vacant parcel at the corner of Cousins Street and Webb Street. The applicant is proposing to construct the residential units and subdivide the parcel into three separate lots, each having less than the required amount of frontage along Cousins Street, thus requiring a waiver from the frontage requirements. The proposal is that the six units would share a common driveway and parking spaces in the rear of the parcel. Access is shown off of Webb Street. • However, the application was incomplete as it did not include necessary information on the plans and 1 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 0 WWW.SALEM.COM • elevations of the structures were not submitted. I have included a letter in this packet,which outlines the information that was missing from the application. We received the following preliminary comments from the office of the City Engineer: 1. More information is needed on the existing storm drain system. Does it extend further down the road adjacent to the site? We are not in favor of long diagonal runs of pipe or conduit,as shown for the drain connection to the parking lot driveway. It also may be a problem with the existing electrical conduit running in the sidewalk but not enough information is shown on the plan. A cross-section of this particular area is needed to determine if the drain connection is feasible given existing utilities. The electrical conduit needs to be shown on the plan in addition to the EMH. 2. There is limited elevation/contour detail on the plan but in general all site run-off is to be directed to the CB in the puking lot. The Civil Engineer needs to ensure adequate facilities to handle all drainage from the site for a twenty-five year storm event and determine the impacts of a 100 yr storm event;which have been occurring with more frequency over the last few years. Since storm water current infiltrates on-site and is not piped to the City's drainage system, the proponent needs to analyze storm water impacts all the way to the point of free-discharge, presumably Collins Cove. 3. Eliminate the "12" CPP Tee" shown in the CB detail. They are not effective and actually impede the ability of the DPW to clean the CB and access to the outlet pipe. 4. Granite curbing and concrete sidewalks should be provided the entire length of the project on • Webb Street and Cousins Street. The entire length needs to be compliant with ADA handicap access standards, factoring in current and proposed sidewalk furniture (utility poles, hydrants, signage, etc...). The detail of the concrete walk needs to show driveway curb cuts. Granite radius stones to be used for each side of the curb cut. 5. Given the amount of work to be done along Cousins Street, full width street paving should be part of the proponent's work. 6. Each water service connection needs to show a curb stop valve in the sidewalk. 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 R1 and the remaining 116 are zoned RC. I will forward detailed comments to you from the Department's review of the plans prior to the public hearing on Thursday. • 2 • Salem Planning Board Minutes of Meeting Thursday,January 20, 2005 A regular meeting of the Salem Planning Board was held on Thursday,January 20, 2005 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, Paul Durand, Ellen DiGeronimo,John Moustakis, David Weiner and Christine Sullivan. Also present were City Planner Lynne Duncan, Staff Planner Valerie Gingrich, and Eileen Sacco, Clerk. Members Absent: Chuck Puleo Form A—44 Memorial Drive—Paul Morin Dor. Morin addressed the Planning Board and explained his Form A plan for his property at 44 Memorial Drive, Salem, M.A. He explained the history of the property and showed the Board the original plot plan as well as his present plan for the Form A. He explained that he would like to build a second story on his garage and needs to meet the side yard requirement to do so. He stated that the solution to the problem would be to purchase enough square footage (68 s. f.) to bring the garage into compliance. City Planner Lynn Duncan noted that this action does make the other lot non-conforming and • therefore will need a variance for lot size. Walter Power explained that what a grandfathered lot is and that they are allowed to remain but need a variance when altered. There being no further questions or comments regarding this matter a motion was made by Gene Collins to approve the Form A for 44 Memorial Drive, Salem, MA, seconded by David Weiner and approved unanimously. Continuation of Public Hearing — Form C — Definitive Subdivision and Cluster Residential Development and Wetlands Special Permit—Dell Street—Bartlett and Steadman Attorney George Atkins addressed the Board and reported that they have met with the Board of Health and have satisfied the requirement to have a mosquito control plan. He also explained that they have met with the engineering department regarding the off-site drainage issues. He noted that they have tracked the drainage flow and it empties into a wetland on the other side of Mooney Road. He noted that the end of the pipe is under water because the sedimentation has built up over the years. He stated that Mr. Steadman has agreed to get Conservation Commission permission to remove the sedimentation to improve the flow. Attorney Atkins added that there will be additional stormwater retention on the project site as requested by the City Engineer, and Dor. Steadman has agreed to install an outlet structure behind the Puleo property on Freeman Road. • Walter Power opened the hearing up for public comment at this time. 1 • Ward Four Councillor Leonard O'Leary addressed the board and asked what the plan is to address the flooding problems near Mr. Puleo's property. Arty. Atkins explained that they are slowing the flow so as not to impact the current flow in that area and they will be installing a structure to help with the flow. Ellen DiGeronimo stated that the District Coordinator for Mass Highway is Patricia Levemvorth and she may be of some assistance to them regarding Highland Avenue. There being no further questions or comments regarding this matter a motion was made by Christine Sullivan to close the public hearing, seconded by Ellen DiGeronimo and approved unanimously. Valerie Gingrich reviewed the draft decision for the project with the Planning Board. Attorney Atkins requested that condition #15 regarding sidewalks be amended so that they could be allowed to construct bituminous sidewalks rather than concrete sidewalks. He noted that the cost is more expensive and they have agreed to install granite curbing. Walter Power explained that the Board has consistently been requiring concrete sidewalks on other projects, noting that they hold up better in the winter weather and he would like to be consistent on this. City Planner Lynn Duncan stated that the city engineer has been requiring concrete sidewalks • throughout the city and noted that it is becoming a universal standard in other communities. Councillor O'Leary stated that he has a problem with that and noted that the sidewalks on Marlborough Road are cement. Arty. Atkins noted that the rules and regulations do not require concrete and that should be reexamined before applying the request arbitrarily. He also noted that should repairs be needed it is more expensive to jackhammer concrete. Walter Power noted that it is at the discretion of the Planning Board and they agreed to do concrete. A discussion was held on the language regarding the abandonment of the street. Councillor O'Leary noted that only the City Council can abandon a street. Lynn Duncan suggested that the language be changed to reflect the abandonment of interest by the developer. Arty. Atkins referred to the language in condition #18 regarding the top course of the driveway. He stated that putting a new course on the driveways would raise the level of the driveway and he is not sure that is what the neighbors want. Ellen DiGeronimo agreed and suggested that sealing the driveway would be a better solution. The applicant agreed. It was noted that street signs for the development would be subject to City Council approval. John Moustakis recommended that copies of the blasting regulations be given to all abutters of the • project. Walter Power noted that snow removal should be trucked off site. 2 • Ellen DiGeronimo noted that this project has caused the Board to look at the drainage conditions that exist beyond this project and noted that if the developer and the city work together to address them, that would be a good way to go. She also noted that this has been a very collaborative process with the Planning Board, Planning Department and the neighbors. There being no further questions or comments regarding this matter a motion was made by Ellen DiGeronimo to approve the Form C Subdivision, Cluster Residential Development and Wetland Special Permit for Dell Street- Bartlett and Steadman Development Corporation, seconded by Paul Durand and approved unanimously. Public Hearing—Site Plan Review—Waiver from Frontage— 1 Cousins Street— Close Cousins LLC C Paul Durand recused himself from discussion of this matter. Atty. Jack Keilty addressed the Board on behalf of his client David Walsh and explained the plans for the construction of 6 condominium units with 18 parking spaces at 1 Cousins Street. He noted that the property is the site of the former Richards Leather Company and a clean up has been done of the hazardous material on the site. He explained the history of the property and noted that the City demolished the building after declaring it a safety hazard. He noted that the present plan calls for three duplex buildings on three lots. Atty. Keilty reviewed a memorandum on the proposal from the Salem Planning Department. He • noted that the requested environmental impact statement has been done and they will forward that to the Planning Department. He also stated that they would be meeting with Joe Nerden to review the issues of concern to the engineering department. Walter Power informed those present that this matter would be continued to the next meeting and he would like to limit tonight's discussion of this matter until 9:00 p.m. John Moustakis asked if this would be rental property. Atty. Keilty stated that they would be sold as condos. David Weiner expressed concern about screening the abutting properties so that headlights from cars will not intrude on the residents. Christine Sullivan noted that while this area is not designated as a historic district it is surrounded by a historic neighborhood and it is important that the design be consistent with the surrounding neighborhood. Walter Power asked if the city did the clean up of the hazardous material. Arty. Keilty noted that his client did the cleanup and it has been declared suitable for residential use. John Moustakis noted that the area is pretty bare and suggested that they increase the planting of trees on the plan. Arty. Keilty stated that they would take a look at that. • David Weiner stated that he would like to see the elevations of the houses when they come back to the Board. 3 • Gene Collins suggested that they consider an 8-foot fence in the back as a buffer for the Allen Street residents. Walter Power opened the hearing up for public comment at this time. Paul Grocki of 8 Cousins Street addressed the Board and expressed his concern about the increase in density of the neighborhood from this project. He also questioned if there was a hardship and the need for the waiver from frontage. Lou Grocki of 8 Cousins Street addressed the Board and expressed his concerns about the increase of traffic in the neighborhood. Christine Sullivan stated that she would like to see a rendering of the proposed condos in relation to the existing neighborhood and what the street will look like. She stated that she does not feel that there is enough of a context in what has been presented tonight. Walter Power stated that he wants to see all of the utilities underground. Mr. Grocki addressed the Board again and requested that the residents of the condos be prevented from parking on the street since they have so much on site parking. City Planner Lynn Duncan asked the developer to take a look at the proposed architecture and try to • keep a more historic prospective in the design. Gene Collins noted that there is a real mix of architecture in that neighborhood and suggested that we do not go over board on the matter. John Moustakis requested a site visit and asked that the area be staked and marked for the site visit. The Board scheduled a site visit for Saturday,January 29, 2005 at 9:00 a.m. There being no further questions or comments regarding this matter at this time, a motion was made by John Moustakis to continue the public hearing to February 3, 2005, seconded by Pam Lombardini and approved. Public Hearing— Form C-Definitive Subdivision, Cluster Residential Development Wetland Special Permit— 57 Marlborough Road- Osborne Hills Realty Trust Attorney Brian McGrail addressed the Board and introduced Chris Mello, the Engineer for the project and Bill Luster, a consultant on the project to the Board. He reviewed the history of the property with the Board, noting that a preliminary conventional plan was presented to the Board and the Board indicated that they would like to see the full development of the site as a cluster development. Arty. McGrail stated that the current filing as of December 14, 2004 is a more efficient use of the • land. He reviewed a detailed list from the Planning Department of items of concern about the project. Arty. McGrail also reviewed the open space requirements of the law in relation to their proposal, noting that they are over the requirement for open space. 4 • Atty. McGrail requested that the Planning Board set an agenda for this approval process on the presentation of information. He also stated that they would like to have a site visit and invited the Board to attend. Walter Power stated that the Board would address that and set a priority fist. David Weiner stated that it is admirable that they have met the requirements of open space for the project but noted that he has concerns about the traffic impact from this development. Atty. McGrail noted that a traffic study was done and approved by the Board and will be reviewed by the Board in this process. City Planner Lynn Duncan clarified that the Board did not approve the Abend Traffic Study, explaining that they made recommendations on the scope of study and she recommended that the Board initiate a peer review of the traffic study. She suggested that the Board move on the peer review quickly. John Moustakis agreed noting that he would like to see a comprehensive traffic study for all of that area, noting that there is a lot of development going on in that area and there is already a traffic problem in the area. Christine Sullivan stated that she feels that it is insane to take this piece meal and agreed that the peer review should be done as soon as possible. She noted that the standards for the traffic study should take into consideration the entire area including development in Peabody. She noted that they can only ask the applicant to fund a study on the area that would encompass his project. Lynn Duncan agreed suggesting that the developer could contribute to a larger traffic study of the whole area. • Christine Sullivan noted that there is also a lot of land in Peabody that the developer owns and it should be taken into consideration when we think about this property in terms of additional traffic etc. Chris Mello explained that the property in Peabody is presently before the Peabody City Council to rezone the area. He explained that the access will be via Sherwood Road and Home Street and eventually will come out on Marlborough Road. He noted that the alternative to an age restricted development is 70 single-family homes, which would produce about the same amount of traffic. Christine Sullivan stated that she would like to see a picture of the plan, which shows the homes and the open space, slopes, wetlands etc. Chris Mello reviewed the plan and explained the locations of the homes and the open space and wetlands. Lynn Duncan explained that the open space plan should show the retention and detention areas as well as the trail system. She added that the open space has to be interconnected. Walter Power noted that the site was a hazardous waste site and noted that the Planning Board has asked for certification that the land is now at acceptable levels and can be built on. He also asked that the site be outlined on the plan. Walter Power opened the hearing up for public comment at this time. Patricia LiBerti of Old Village Drive addressed the Board and expressed her concerns about traffic. She also stated that she would like to see her street identified on the plan. • George Innis of 21 Sherwood Avenue in Peabody addressed the Board and informed them that the Peabody City Council will be acting on the rezoning issue next Thursday night. 5 • Ward Four Councillor Leonard O'Leary addressed the Board and expressed his concerns about the project He stated his objection to the Conservation Commission process of approving a driveway on Marlborough Road, which is in the buffer zone when there is sufficient land on the site. He also noted that he sponsored a City Council Order for a comprehensive traffic study and it is in Committee at this time and will eventually go to the Mayor. He also noted that he sent a letter to the State Highway Department noting that the infrastructure on Highland Avenue needs to be addressed. Tony Germaine of 20 Ravenna Street addressed the Board and expressed his concern about the plan. He noted that the plans show his property and there is wildlife in the resource area and the woods. Jerry Irish of 8 Sophia Road addressed the Board and expressed his concerns about the impact of this development. He noted that this will be stressful for the sewerage system and the traffic problems. Mary O'Leary of 31 Barcelona Avenue addressed the Board and asked for documentation on the super fund site. John Pitrowski addressed the Board and expressed his concern about the grass fires that are always burning up there in the summer. He stated that the development will aid in fighting the fires. • Rene King of 39 Ravenna Avenue addressed the Board and expressed her concerns about wildlife, noting that she has seen coyote's in her yard, and expressed support for Councillor O'Leary's recommendation. Roger Leger of 64 Marlborough Road addressed the Board and expressed his concern about traffic. He stated that the city should have their own traffic study done, noting that the developer pays for his and could be tailored to his needs. Ms. Duncan stated that the funds will come from the developer and the City will pay the consultant. Mike Denehy of 4 Orleans Avenue addressed the Board and expressed his concerns about the cluster plan. He asked how many homes they could build legally as opposed to the cluster plan. Chris Mello stated that he would get that information for the next meeting. Christine Sullivan clarified that what the developer can build by right means that the developer has the right to develop the land he owns. She noted that she understands that people want to keep things the way they are, and the Board will try to make sure that the inevitable changes are in everyone's best interest. She also noted that she would like to know how many homes he has a right to build. Gene Collins noted that the developer was asked to come back with a cluster development by the Board. • Lynn Duncan explained the concept of a cluster development and noted that a cluster plan is worth doing and it would benefit the neighborhood if the open space is usable and accessible to the public. 6 Jean Hernando of 47 Ravenna Avenue addressed the Board and expressed his concerns about the changing of the zoning. Walter Power noted that the zoning issue is a Peabody issue. Mr. Irish asked if there were any other options for access rather than use Sherwood Avenue and Home Street, or Barcelona Avenue. There being no further questions or comments regarding this matter, a motion was made by David Weiner to continue the public hearing to February 3, 2005, seconded by Pam Lombardini and approved. Approval of Minutes The minutes of the meeting of January 15, 2004 were presented for approval. Ellen DiGeronimo moved approval, seconded by Pam Lombardini and approved. The minutes of the meeting of December 2, 2004 were presented for approval. Ellen DiGeronimo moved approval, seconded by Christine Sullivan and approved. Old / New Business Walter Power informed the Board that member Ellen DiGerommo has submitted her letter of resignation from the Board. He read the letter to the Board, which stated that sheus moving back to • Fitchburg, MA to be closer to her family. Walter Power and members of the Board wished Ellen well and thanked her for her dedicated service to the Planning Board. 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 11:00 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Planning Board PB012005 7 CITY OF SALEM. MA CITY OF SALEM CLERK'S l)FEIEE PLANNING BOARD ,1005 JAN -U A 8 '40 Notice of Meeting You are hereby notified that the Salem Planning Board will hold its regular meeting on Thursday, January 6, 2005, at 7:00 PM in Room 313, Third Floor at 120 Washington Street. We wvo�j r/V& Walter B. Power, III Chairman 1. Continuation of Public Hearing—Form C–Definitive Subdivision & Cluster Residential Development & Wetland Special Permit-Dell Street—Bartlett & Steadman Development Corp. 2. Public Hearing—Form C–Definitive Subdivision & Cluster Residential Development & Wetland Special Permit-57 Marlborough Road—Osbome Hills • Realty Trust 3. Approval of Minutes -January 15, 2004 - December 2, 2004 4. Old/New Business f_ This: n0t`10 t posted on "Official BU119M BoeRr City Hail Ave., Salem, WIS. on iqpj' at '4'o Ain . in atccordanw WM V941. N. fm. 23A A 236 of M.G.L. 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM • MEETING CANCELLED DUE TO WEATHER Notice of Meeting You are hereby notified that the Salem Planning Board will hold its regular meeting on Thursday, January 6, 2005, at 7:00 PM in Room 313, Third Floor at 120 Washington Street. Walter B. Power, III Chairman 1. Continuation of Public Hearing—Form C –Definitive Subdivision & Cluster Residential Development & Wetland Special Permit-Dell Street—Bartlett & Steadman Development Corp. 2. Public Hearing—Form C–Definitive Subdivision & Cluster Residential Development & Wetland Special Permit-57 Marlborough Road—Osborne Hills • Realty Trust 3. Approval of Minutes -January 15, 2004 - December 2, 2004 4. Old/New Business t •