Salem Planning Board
Minutes of Meeting
Thursday, January 5, 2006
A regular meeting of the Salem Planning Board was held on Thursday, January 5, 2006 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, Staff Planner Dan Merhalski and Eileen Sacco, Clerk.
Members Absent: None
Public Hearing – Wireless Communications Facility Special Permit – 1 Carol Way – Nextel Communications of the Mid Atlantic, Inc.
Dan Merhalski read a letter from the applicant requesting that the public hearing be continued to January 19, 2006.
Chuck Puleo moved to continue the public hearing to January 19, 2006, seconded by Gene Collins and approved (9-0).
Dan Merhalski suggested that since the applicant for the first item on the agenda is not present yet he could read a letter into the record regarding the Osborne Hills Application from the Board of Health.
Tim Ready addressed the Board and suggested that the Board accept the letter and include it in the record. He stated that he did not want to get into the habit of the Board reading lengthy correspondence into the record.
Gene Collins stated that while he agreed with Mr. Ready he feels that in fairness we need to be cognizant of some of the things that they are trying to bring to our attention.
City Planner Lynn Duncan addressed the Board and stated that while she appreciates the sentiment of not taking the time to read lengthy departmental recommendations into the record, the neighbors deserve to hear the information. She suggested that the Board move on to approval of the minutes, since the applicant is not here yet because they estimated the time they would get started would be 7:15 p.m.
Approval of Minutes
The minutes of the Joint Public Hearing with the Planning Board and the Salem City Council held on June 30, 2005 were presented for approval.
Pam Lombardini moved approval as amended, seconded by Christine Sullivan and approved (9-0).
Walter Power suggested that the Board table the approval of the minutes of the Planning Board meeting held on December 15, 2005 until the next meeting.
Pam Lombardini moved to table the minutes of December 15, 2005, seconded by Gene Collins and approved (9-0).
Continuation of Public Hearing – Wireless Communications Facility Special Permit – 320 Lafayette Street– New Cingular Wireless PCS, LLC
Scott Lacy addressed the Board and explained that their original proposal interfered with the recently proposed T-Mobile Communications equipment that is scheduled to be installed at the same location. He noted that they worked with T-Mobile and they have approved their proposed design. He explained the plans which call for 4 antennas on the eastern side and 2 on the western side of the building. He also explained that they will be enclosed within a stealth screen wall designed to look like the existing penthouse. He showed photos that simulate the appearance of the antennas and the screen wall. He further noted that as designed it will not be visible to the public.
Walter Power asked what prompted the changes to the design. Mr. Lacy explained that a conversation with T-Mobile necessitated the redesign to avoid further interference. He noted that Cingular and T-Mobile engineers worked together on the locations.
Walter Power opened the hearing up for public comment at this time.
Polly Wilbur of 7 Cedar Street addressed the Board and expressed her concern about the possibility of a number of battery backups on the site and the voltage of them. She stated that she is concerned about people living in a building with possible fire hazards. She noted that there could be a number of fairly large batteries and they will be in two rooms as opposed to one.
Mr. Lacy explained that the battery backups will be housed in small refrigerator size compartments and suggested that he would be happy to get more information on this from the engineer.
Walter Power noted that the building should have a working sprinkler system.
Ward Five Councilor Matthew Veno addressed the Board and noted that the applicant is going to the Zoning Board of Appeal and may be required to file for a number of permits for a non-conforming use. Mr. Lacy stated that if the Building Department deems that additional permits are needed they will seek the appropriate relief.
Councilor Veno noted that fire suppression has been an issue with that building and stated that he would like to see documentation that the building is in compliance. Walter Power suggested that the Board could condition the approval that the applicant submit to the Department of Planning and Community Development a written report, signed by the Salem Fire Inspector, that the room to contain the ancillary equipment for the wireless communications antennas meets fire safety codes and the equipment, including battery backup generators, does not pose a fire safety hazard to the residents. There being no further questions or comments regarding this matter a motion was made by Gene Collins to close the public hearing, seconded by John Moustakis and approved (9-0).
Gene Collins moved to approve the Wireless Communications Facility Special Permit for New Cingular Wireless PCS at 320 Lafayette Street, seconded by John Moustakis and approved (9-0).
Request for Extension of Site Plan Review Special Permit Decision – Salem Harbor Station – 24 Fort Avenue – Dominion Energy Salem Harbor, LLC
Atty. Joseph Correnti addressed the Board and requested a two-year extension of the Site Plan Review Special Permit Decision for Salem Harbor Station 24 Fort Avenue, on behalf of Dominion Energy.
Atty. Correnti explained the Board approved the plans for the emission control project as Salem Harbor Station and they were filed with the city clerk and the Registry of Deeds. He also noted that since the time of the approval was granted, the plant was sold by US Generator to Dominion and that they are still obligated to have the plans and action completed by July 31, 2008. He stated that they are seeking no changes to the approved plans.
Atty. Correnti also noted that over the next two years any amendments to the plans will have to come before the Planning Board.
Ward Three Councilor Jean Pelletier addressed the Board and questioned if the new ownership of the power plant would affect the decision. Atty. Correnti explained that there is a condition in the Planning Board decision that states that it shall apply to the applicant its successors or assigns.
There being no further questions or comments regarding this request a motion was made by Gene Collins to grant the two year extension of the Site Plan Review Special Permit Decision – Salem Harbor Station – 24 Fort Avenue – Dominion Energy Salem Harbor, LLC, seconded by John Moustakis and approved (9-0).
Public Hearing – Definitive Subdivision – Cluster Residential Development, Wetland Special Permit – 57 Marlborough Road – Osborne Hills Realty Trust – Attorney Brian McGrail
Atty. Brian McGrail addressed the Board and reviewed the history of the proposal. He noted that after a year of presentations and the application process they withdrew their application because some Planning Board members left the Board and the number of members who were eligible to vote on the matter was small and they also wanted to give the new members of the Board the opportunity to participate.
Atty. McGrail noted that all due notice was given for this public hearing and that all proper and legal advertising has been done.
Atty. McGrail explained that they are proposing 131 lots which is the result of conversations with City Planner Lynn Duncan, the DPW, and the Salem Conservation Commission agent.
Atty. McGrail explained that their original entrance was planned for Barcelona Avenue and Marlborough Road and it was deemed inappropriate. He noted that at the recommendation of the consultant hired for the peer review they consolidated the entrance to Marlborough Road with an emergency gate for access on Barcelona Avenue.
Atty. McGrail noted that Mr. DiBiase owns property in Peabody that he could by right build 70 homes on. He explained that Mr. DiBiase has agreed to decrease that number to 35 homes and would accept that as a condition of approval. He also noted that nothing has been filed with the City of Peabody regarding this property.
Atty. McGrail also explained that there is other property in Peabody and there was a concern that the access for that would be in Salem. He stated that they have agreed that there will be no access to the property from Salem.
Atty. McGrail also reported that his client has agreed to contribute $60,000.00 for a sewer study.
Atty. McGrail also explained that at the request of the Board they have included the provision for two tot lots, but noted that he would ask the Board to reconsider that. He also noted that a parcel has been included for a convenience store use as a possibility.
Atty. McGrail reported that the traffic consultant raised a concern about the cueing of traffic for the left hand turn lane and that traffic could back up at the entrance to the subdivision on Marlborough Road. He noted that they agreed to move the entrance further down Marlborough Road.
Atty. McGrail also noted that concerns were raised about the traffic issues at Marlborough Road and Highland Avenue and his client has agreed to fund a study in the amount of $40,000 that the City can take to the state.
Atty. McGrail explained that the Cluster Development has 96 acres of land which will be conveyed to the city or the homeowners association for use as open space. He noted that Sam Mygatt designed the open space and is an expert in open space planning.
Mr. Petraglia the traffic consultant for the peer review addressed the Board and explained his findings. He noted that his recommendations are that Barcelona Avenue not be used for the entrance, and that a left turn lane be included to assist vehicle traffic.
Mr. Petraglia noted that a traffic signal that was installed during the recent Marlborough Road construction does not mesh with the site drive in the current location. He stated that it is a bad location and it makes sense to move the cross walk further down the street.
Christine Sullivan noted that the recent work done on Marlborough Road was done by the state and questioned if the state would have to approve the moving of the lights and how does that happen. Lynn Duncan stated that they would confirm the process to get that done.
Walter Power questioned if there was a need for a traffic signal in that area. Mr. Petraglia explained that there is a criteria that the state uses to determine the location of a traffic signal and if one was installed in that location a need was shown for a traffic signal in that location or it would not have been installed.
Walter Power opened the hearing up for public comment at this time.
Roger Leger of 64 Marlborough Road addressed the Board and questioned where the new proposed entrance would be on Marlborough Road. Chris Mello of Eastern Land Survey addressed the Board and explained that the entrance would be moved to the vacant lot owned by Mr. DiBiase further down the street in the direction of Peabody.
Mr. Leger stated that moving the light would impact the neighbors and would add to the noise level.
Mr. Petraglia stated that safety is a paramount concern. He recommended that the light be moved to wherever the site drive ends up.
Michael Abend of Abend Associates, the traffic consultant for the developer, addressed the Board and noted that the logic of the location of the traffic signal was determined to avoid affecting the neighbors. He suggested that a simpler process would be to leave the signal where it is and move the roadway, noting that it would be better to have the signal and the roadway together.
Patricia LiBerti of the Highland Condos addressed the Board and stated that when traffic signals are controlled by use the traffic moves slowly.
John Petrowski addressed the Board and expressed his concern about the traffic signal’s audible signal which will impact the neighbors. Mr. Abend explained how the traffic signal is activated.
Atty. McGrail addressed the Board and stated that Highland Avenue and Marlborough Road is outside of the scope of this project. He noted that his client has suggested that he would contribute $40,000.00 for the study, but if they are going to be asked to move the traffic light they are not going to contribute to mitigation money for that study.
Paul Durand noted that this is a new application and the Board spent many months reviewing this plan. He noted that it is his understanding that the detailed aspects of the project have not changed. Atty. McGrail agreed and noted that they have also looked at adding kiosks in the walking trails and the convenience store.
Mike Dennedy of Peabody addressed the Board and stated that the traffic light was installed so that kids can press the button and cross the street to go to the playground.
Christine Sullivan addressed the developer and stated that she is sick of attending hearing after hearing and talking about things with no photographs so that the Board cannot see what they are talking about. She suggest that they put together a Power Point Presentation for the Board.
Ward Four Councilor Leonard O’Leary addressed the Board and stated that he agreed with Ms. Sullivan. He also questioned the number of lots being proposed noting that there are two numbers 131 and 132, noting that he would like to see that number much lower. Councilor O’Leary also stated that the Planning Board owes the public an apology for violating the Open Meeting Law and keeping the residents at a meeting until 10:30 p.m. for nothing. He noted that he received an opinion from the Assistant City Solicitor that it was a violation.
Walter Power noted that the Board had a long meeting that night and they tried to keep it as short as possible but there is a lot of information to cover.
Atty. Brian McGrail asked that he be provided with a copy of any written decision regarding the violation of the Open Meeting Law.
City Planner Lynn Duncan explained that while the Board was not in violation of the state Meeting Law that evening they were in violation of the City of Salem Sunshine Ordinance that agenda items be posted five days in advance, and thus it was determined that the hearing should be held again.
Councilor O’Leary asked for a clarification on the proposed number of lots, noting again that two numbers have been suggested 131 and 132. Chris Mello explained that the lot on Marlborough Road is being used for having access through the subdivision and detailed plans will be submitted. Atty. McGrail agreed and noted that by moving the entrance to the vacant lot the number changes and they have not yet put that on an amended plan.
Walter Power noted that the intersection is important and he wants to exhaust all discussion of that possibility.
Ward Three Councilor Jean Pelletier addressed the Board and questioned if they have an engineering study of the water and sewer system for that area. He suggested that the Board request mitigation money for a study.
Bill Luster addressed the Board and stated that the City Planner and the Director of the DPW Bruce Thibodeau have requested that Mr. DiBiase fund a peer review of the Engineering Plans and they have retained the services of C&C Engineering for that purpose. He also noted that they have done a preliminary review of the plans and have asked for additional information.
Lynn Duncan noted that the information from C&C Engineering will be submitted to the DPW and will be shared with the Planning Board.
Councilor Pelletier questioned where C&C Engineering is getting their information. Lynn Duncan explained that they are doing a peer review of the developer’s proposed engineering plans for the subdivision and explained what a peer review is.
Councilor Pelletier noted that this is vital information for the Planning Board to have in making their decision.
Mr. Dennedy addressed the Board and noted that he talked to Peabody Mayor Bonfanti and he informed him that the City of Peabody tried to negotiate buying the land in Peabody from Mr. DiBiase and negotiations failed but they intend to try again. He noted that with the potential for an additional 35 homes in Peabody that would be a total of 166 new homes in the area.
Tim Ready recalled that the developer has indicated that he would be willing to contribute $60,000 to a sewer study. Atty. McGrail explained that the city is planning a sewer study in the long term and his client was asked to contribute to that. He further noted that the funding for the peer review of the Engineering Plans is in addition to that contribution. Mr. Ready also highlighted the other financial commitments the developer has offered and noted that he is making a substantial financial commitment to the city.
John Moustakis questioned what would happen if it is found that the water and sewer are inadequate for the project. Atty. McGrail stated that they are confident that the water and sewer are adequate for this development.
Christine Sullivan reviewed the number of units that the developer can build by right noting that in Salem it is 112 and in Peabody it is 70 units for a total of 182 units and under the proposed plan they get a total of 167 units. She questioned why they are willing to give up 15 units. Atty. McGrail stated that they feel that there is benefit to them and to the city to develop it this way.
Roger Leger addressed the Board and noted that the valves and the sewers are in place and expressed concern that they would have to open Marlborough Road again and it has just be refinished. Chris Mello explained that they will be using utility stubs and they will not be going out into Marlborough Road again.
Lynn Duncan noted that the neighbors have raised some good points and suggested that the developer put the homes and driveways on a plan and show the site drive and the proposed location to move the traffic signal to and present it to the Board at the next meeting. She noted that there is not enough detailed information to make a decision on moving the traffic signal tonight. Michael Abend noted that the location would be conceptual.
Christine Sullivan stated that she thought the detailed plans would be great and noted that she wants to see pictures of the park and the location of the traffic signal, and the proposed entrance.
Councilor At Large Arthur Sargent addressed the Board and suggested that the developer consider including some larger lots for larger homes to accommodate Salem residents who want to upsize and enable them to stay in Salem. He also noted that the Board has a right to have consultants review the plans at the expense of the developer and encouraged them to do so. Councilor Sargent also noted that this is a new application and questioned if there will be another vote on whether this will be a conventional subdivision or a cluster subdivision. Atty. McGrail explained that this application was submitted as a Cluster Subdivision and that is what they are asking the Board to act on.
Mr. Dennedy addressed the Board again and asked who determines how many units can be built. Bill Luster addressed Mr. Dennedy and explained that they prepared a yield plan that indicated how many lots could be built under the existing conditions and it was reviewed with staff of the Planning Department.
There being no further questions or comments regarding this matter a motion was made by Pam Lombardini to continue the public hearing to February 2, 2006, seconded by Gene Collins and approved (9-0).
Old / New Business
Walter Power addressed the Board members and requested that they show respect for the Chairman during meetings and wait to be recognized to speak rather than interrupt the meeting.
John Moustakis noted that a letter to the editor in the Salem Evening News regarding the Planning Board decisions for the Franklin Street area upset him and he feels that the Board should respond clarifying that the Board did the right thing and explain the process that the Board has to follow.
Chuck Puleo agreed. Paul Durand suggested that the Board put something together that explains the process that the Board has to follow.
Christine Sullivan cautioned against responding noting that she is opposed to a response because it will give the issue new life at this point.
Pam Lombardini related her experiences with neighbors who are members of the NRCC and noted that there is a group behind these insinuations. She stated that she would like to be armed and prepared for the next time there is a Franklin Street issue before the Board.
Gene Collins suggested that rather than rebut the letter, the Board should issue a statement in explanation of the frameworks that the Planning Board follows in making decisions.
Tim Kavanaugh will draft something and send it to Dan Merhalski to forward to the rest of the Board members for review.
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 9:30p.m.
Respectfully submitted by:
__________________________
Eileen M. Sacco, Clerk
Salem Planning Board
PB010506
| 
