Salem Planning Board
Minutes of Meeting
Thursday, January 19, 2006
A regular meeting of the Salem Planning Board was held on Thursday, January 19, 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 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.
Debra Sharkey addressed the Board and explained the changes to the plans that have been made since the last meeting. She passed around a sample of the material that will be used for the installation of the antennas. She also noted that they have met with the abutters regarding their concerns.
Mrs. Sharkey noted that one of the concerns was that neighbors questioned why they did not seek to locate the antennas at 1000 Loring Avenue. Mrs. Sharkey explained that they are not considering that because the building is too high and they can only have a limited number of frequencies as a licensed carrier and the addition of their equipment would cause interference with the other carriers. She noted that they are trying to prevent that by locating their equipment on a lower building.
Mrs. Sharkey introduced Mr. Hawthorne to explain the new design of the project. He explained that they have relocated the antennas further away from the abutting property owners. He explained that they were asked to do this due to the field of view and noted that they were able to move one antenna array but not the other two. He also showed photographs that simulated the view of the buildings after the installation of the antennas. Mr. Hawthorne also reviewed the coverage map with the Board and noted that areas where there is degraded service will be alleviated by the installation of these antennas.
Mr. Hawthorne showed the Board a sample of the proposed antenna and explained how it would be installed on the building.
Chuck Puleo questioned how structurally sound the material for the antennas are. Mr. Hawthorne stated that they have consulted with engineers and they are confident that the antennas will withstand high winds, etc.
Joe Paloozey addressed the Board and expressed his concern that they are placing panels five feet apart and the picture doesn’t show that. He noted that five feet looks like one foot and feels that the picture is deceiving. Gene Collins stated that he did not think that the applicant would intentionally misrepresent what they are planning. Mr. Hawthorne stated that looking at them from a distance they look like they are closer but they will be five feet apart from unit to unit.
Eleanor Lynn addressed the Board and questioned what the distance between the two chimneys is. Mr. Hawthorne stated that there is 3 ½ feet between them.
John Moustakis asked if Mr. Paloozey would like them to be closer or farther apart. Mr. Paloozey stated that he likes the way it looks and noted that it is a better design than originally proposed.
Walter Power asked what the distance is from center to center of the antennas. Mr. Hawthorne stated that it is five feet.
Ward Seven Councillor Joe O’Keefe addressed the Board and asked those present if they were happy with the presentation. He noted that all he wants is for his constituents to be happy. He also questioned a marking on the plan titled “Winnin Hill” and asked where that was located. Mrs. Sharkey explained that it was an internal term used for the name of the site for Nextel.
Councillor O’Keefe requested that the Board table this matter so that he can discuss this with his constituents. He noted that the company did not notify him of this proposal. He also questioned why they were not going to Swampscott to locate these antennas as that area will benefit from this. He also wanted to know if Archestone is in favor of this. Walter Power noted that Archestone is the landlord and they will be paid rent for the antennas being located there.
Walter Power noted that this is the second meeting that the Planning Board has held on this application and the Board asked them to meet with the neighbors between the meetings regarding their concerns and they have cooperated.
Norman Bedrosian addressed the Board and noted that it seems that they are making every effort to make this pleasing to the eye. He expressed his concerns about radio frequencies and electro magnetic radiation. He also explained that the FCC has been asked if they are safe and they will not say if they are safe or not safe. He noted that if there were numerous sites there could be health issues for families and children and stated that he is concerned about this location. He stated that no matter how they camouflage it the signals will bounce.
Mr. Hawthorne noted that they looked at 1000 Loring Avenue four years ago and at that time the network was less mature. He explained that as they build onto the network as it matures, they need to build the site around it so that they can service the area and that is what they are doing at this time. He also explained that the exposure to radio frequencies would be less than 4% of the allowable limit. He also noted that they are using ¼ of the power that they are licensed to use by the FCC. He further noted that Nextel strictly adheres to the FCC standards.
Tim Ready addressed the Board and commended Nextel for the extra effort they have given towards working with the community, noting that they even brought an antenna to the meeting. He also noted that it was a creative presentation, with excellent graphics.
Walter Power opened the hearing up for public comment at this time.
Mr. Paloozey addressed the Board again and noted that there are legal issues regarding this property and the master deed and requested that the Board postpone any action until that is resolved. He explained that the master deed is not filed at the Registry of Deeds. He suggested that the Board should look at the Master Deed and see if there is something in there that prevents this activity. He noted that there are restrictions in the other master deeds for the other phases.
Mr. Hawthorne explained that they have no lease at this time and noted that it would be executed when all permits have been received. He also noted that Nextel did a title search and have found nothing that prohibits this use. He noted that Phases 1-3 have a condition in the master deed prohibiting this use but there is nothing that says that this site is limited from doing this type of installation.
Alice Griffin of 1 Loring Avenue in Swampscott addressed the Board and noted that she is directly across the street from this site and she was never notified of this application. She also noted that she is concerned about health issues. She also noted that there is a Kindercare Center within spitting distance of this site and she is concerned that the frequencies would be pointed down towards that site.
Mrs. Sharkey stated that the notification of abutters was done in accordance with the regulations required by the City of Salem. Dan Merhalski explained that the city requires that owners/abutters within 300 feet of the site get the information. He noted that the teachers and parents of the school would not be notified.
Jean McCarthy of Buchanan Road addressed the Board and expressed his concern about health issues in the neighborhood as the result of this.
Mr. Hawthorne explained that the only time that an installation would exceed the FCC regulations is if there are multiple carriers and one of them is a public safety carrier. He explained that there are 25 watts on a channel and if there are 10 channels on a site that would be 250 watts. He stated that it would be more dangerous to stand in front of a microwave because the energy dissipates quickly. He also stated that they are required to recertify the site every year to make sure that they are in compliance with FCC regulations.
Mr. Paloozey noted that if an Atty. looked at the deed he would like to see what they looked at. Mrs. Sharkey noted that Nextel has done due diligence and noted that the deed is located at the Registry of Deeds. She further noted that they have found no limitations or covenants regarding the proposed site.
Councillor O’Keefe requested that approval be conditional on the satisfactory review of the master deed for the property.
Jane Baldisari of 26 America Way addressed the Board and stated that she was under the impression that all phases of the condo development had the same restrictions.
Mrs. Sharkey stated that Nextel has met all of their objectives that they have been asked to meet and stated that producing the deed should not be tied to this approval.
Walter Power noted that they are proposing to locate part of the facility in the garage and asked to have the location explained. Mrs. Sharkey explained that it is located in the rear of the garage and will take up about 2 ½ parking spaces, completely enclosed with walls and locked.
Walter Power suggested that Archestone send a letter to the Board clarifying that there are no restrictions on the deed for antennas such as these that are proposed. Mrs. Sharkey stated that she would ask for that but it is really out of their jurisdiction. She stated that the lease has a clause that states that there are no limitations on the site.
Paul Durand stated that he feels that Archestone should send a letter stating that this use is allowed.
Gene Collins stated that he is concerned about bringing 3rd and 4th parties into this process. Walter Power disagreed noting that the owner of the building is granting permission to put these on the roof and collecting rent for that space and he feels that the Board has a right to reserve confirmation that it is an allowable use.
Mrs. Sharkey stated that phase 4 of this development is different from phases 1-3 as it is a rental property as opposed to ownership.
There being no further questions or comments regarding this matter a motion was made by Christine Sullivan to close the public hearing, seconded by Tim Ready and unanimously approved.
Paul Durand moved to approve the Wireless Communications Facility Special Permit – 1 Carol Way – Nextel Communications of the Mid Atlantic, Inc., with the condition that Archestone send a letter confirming that there are no restrictions for this use, seconded by Christine Sullivan and approved (8-0), with Gene Collins absent at the time of the vote.
Form A Application For Endorsement of Plan Believed Not to Require Approval— 108 Jefferson Ave. (Map 24, Lot 88) — William Quinn
Atty. Bill Quinn addressed the Board and explained the Form A plan for 108 Jefferson Avenue. He noted that McLaughlin Plumbing has entered into agreement to purchase this property across from the Titus Furniture site. He explained that this is a non conforming use and a special permit has been granted by the Zoning Board of Appeal for a Plumbing Shop and no work or retail will be done on the site. He also noted that the land used for parking is owned by Salem Hospital and this is a cooperative effort with Salem Hospital and he is authorized to act on behalf of the Hospital as well. He noted that they have a closing scheduled for the end of the month.
Walter Power noted that the plan seems to be in order and questioned if there is a curb cut for the parking area. Atty. Quinn explained that there is no curb in that location at all.
Chuck Puleo noted that the plan is labeled as a non conforming use. Atty. Quinn noted that the variance was granted for a plumbing shop and if they ever sell the property they will have to go back to the ZBA if the use changes.
There being no further questions or comments regarding this matter a motion was made by Gene Collins to approve the Form A for 108 Jefferson Avenue, seconded by Christine Sullivan and approved (9-0).
Preliminary Subdivision Application – Leggs Hill YMCA – Leggs Hill Road – North Shore YMCA – George Atkins, Chris Nowak
Atty. George Atkins addressed the Board and noted that also present this evening are Chris Nowak of VHB and Paul Gorman the Executive Director of the YMCA.
Atty. Atkins noted that the process is designed to get feedback and advice from the Planning Board on how to proceed with a Definitive Subdivision. He noted that the practice of the Planning Board is to hold a hearing and issue guidance.
Atty. Atkins gave an overview of the process they have used and noted that they have met with the neighbors in Salem and Marblehead at various times and have a date with the ZBA regarding parking for the site and will continue to talk with the neighbors and city officials in both communities. He noted that they will be meeting with the Marblehead Planning Board on Tuesday night and will also be filing for a Notice of Intent with the Salem Conservation Commission. He noted that they met with the City Engineer and the Fire Department and the Fire Department has concerns about the rear access.
Atty. Atkins noted that the YMCA is a non profit organization and this site has been designed with that in mind. He noted that they contribute greatly to the community and all money for this project has been raised through donations. He noted that there is no rainbow of profit that can be applied to this project.
Atty. Atkins reviewed the history of the site and noted that many years ago there was a proposal for multifamily housing on this site that was met with opposition from the neighbors. He explained that this proposal includes single family house lots that meet the standards of zoning in Salem. He also noted that the proposed site includes 246 parking spaces that need approval of the ZBA. He reviewed a report dealing with the required number of spaces for the site and noted that they have used the Sterling Center in Beverly as a model for an accurate count of people who attend the facility and when they attend. He noted that in Beverly they have 300 spaces and that works. He also noted that the Swampscott Mall has 500 parking spaces and except for two days a year (days before Thanksgiving and Christmas) they are 90% full. He noted that if parking is an issue they could add 120 spaces which would come from sites they are looking at for overflow parking for special events. He noted
that people would be bussed from satellite locations for special events. Atty. Atkins stated that he did not feel that people would park on Legg’s Hill Road.
Atty. Atkins also noted that they have been talking to the neighbors about offsite issues as well. He explained that there is concern about the curve on Loring Avenue and noted that they are trying to work with Mass Highway about possibly instituting a left hand turn lane for safer turning onto Legg’s Hill Road.
Atty. Atkins also noted that the condition of the Bridge is bad and needs to be addressed. He stressed that the YMCA cannot afford to rebuild the bridge and noted that the bridge is owned by the Town of Marblehead.
Atty. Atkins noted that the majority of the site is in Salem and they need to talk more with the Town of Marblehead. He noted that the water, sewer and electricity for the site will come from Marblehead. He also noted that there are public safety issues that need to be addressed.
Atty. Atkins noted that the drainage on the site will be redirected from the present Leggs Hill Road and will be taken off the road for the entire site and they are going to improve and maintain the road, internal to the site.
Atty. Atkins noted that the traffic survey has been submitted to the ZBA and they are looking at traffic calming measures for the area.
Atty. Atkins stated that the reconstruction of Leggs Hill Road by the YMCA is impossible but they are continuing to look at issues of paved sidewalks on their property. He noted that they would like to improve the sidewalk system to allow people in the neighborhood to walk to the YMCA.
John Moustakis asked who owns the property and asked if there would be any property taxes generated from this. Atty. Atkins noted that the would be property taxes from the single family homes proposed. He introduced Chris Nowak to explain the proposal.
Mr. Nowak addressed the Board and explained that this would be an 11 lot subdivision, (the YMCA Building and 10 house lots). He noted that this is not a flat site and explained that the drainage would not run off the site down Leggs Hill Road. He explained the existing conditions of the site. He also noted that they have talked with City Engineer Bruce Thibodeau and he has indicated that he wants to see something that is easy to maintain. He noted that he suggested getting rid of the subsurface infiltration system and look at installing a series of swales. He noted that that they will take a look at that. He also noted that they will be looking at locating crosswalks at Londonderry Road.
Atty. Atkins noted that the YMCA contributes greatly to the community and noted that in 2004 they gave $171,370 or in-kind in aid to the community. He also explained that the Salem High School Swim Team and the Salem High School Gymnastics Team will have the use of the facility for their meets at no charge. He also noted that they have a partnership with the Boston Ballet and they will offer programs at the facility as well.
Walter Power recognized Ward Seven Councillor Joe O’Keefe to address the Board. Councillor O’Keefe stated that he is not opposed to the YMCA but feels that this is an opportune time to express some concerns. He stated that he is prepared to recommend to the city council to abandon a portion of Leggs Hill Road at the bridge noting that Salem does not have the money to fix the bridge. He stated that he wants the road and the bridge fixed and he wants sidewalks there as well.
Councillor O’Keefe also noted that the pond needs to be addressed and the Town of Marblehead needs to address that. He further noted that he hopes that they can work it out and his intention is that he wants it to be safe.
Atty. Atkins stated that they do not want this to be a contest between Salem and Marblehead. He noted that this is the second time that he has heard about the abandonment of the road and from what he has seen it will affect Salem residents more than it would Marblehead residents.
Ward Three Councillor Jean Pelletier addressed the Board and stated that he concurs with Councillor O’Keefe. He stated that this is a non profit organization looking to develop approximately 20 acres of land off of the tax roles and he is concerned about public safety and the route that fire trucks will take. He also asked Atty. Atkins to give Salem a better idea of what they are going to do about public safety. He also stated that plowing responsibilities need to be addressed.
Atty. Atkins noted that the YMCA employs 120 people and that a Mass Inc. study shows that non profits are the only ones that are adding substantial employees to the workforce in the Commonwealth. Councillor Pelletier asked how many of the employees that work for non profits in Salem actually live in Salem. Atty. Atkins stated that he did not have that information.
Deborah Amerault the Director of the Salem YMCA addressed the Board and stated that well over 50% of her employees live in Salem. She also noted that members of the Salem YMCA eat and shop in downtown Salem. She further explained that she pays for her own trash removal, water and sewer, fire alarms and police details noting that she spends a lot of money on those things.
John Moustakis asked if there was a YMCA in Marblehead. Ms. Amerault stated that there is a YMCA in Marblehead and that will close when this one opens. She noted that the Salem YMCA will stay open.
Walter Power noted that at the top of the hill is a gorgeous view of Salem Harbor and he hopes that it will be preserved for public access. Paul Gorman the Executive Director of the Marblehead YMCA addressed the Board and explained that it is an artificial knoll that was built by Mackey Construction and they will shear that off and leave the rest of it at the original height. Walter Power stated that he would like to have access to that view sustainable and suggested that a path be created so that people could access that for a picnic area. He stated that he would like to see that addressed in their plans and suggested a walking trail up to the knoll and dress it up for public use.
Councillor Pelletier asked if a 21E has been done on this site. Mr. Gorman stated that a 21E was done and they did 18 test pits and hit ledge. Councillor Pelletier asked if any asbestos was found on the site. Mr. Gorman stated that no asbestos was found on the site.
Walter Power stated that he feels that it is unthinkable to close Leggs Hill Road noting that it would push traffic off to other areas. He also noted that police and fire emergency access would be affected. He also stated that he feels that the bridge should be fixed and both communities should pressure the state to get that done. He further noted that it is the shortest access to Marblehead and is a vital road for access. He closed by noting that security and public access between the cities should not be reduced.
John Moustakis stated that he is interested in what is good for Salem and he sees this as more of a benefit for Marblehead and Swampscott.
Atty. Atkins stated that he feels that Salem people will benefit from this facility.
Ms. Amerault addressed the Board and noted that she has approached the Salem Public Schools for a fair and open bidding process for after school programs. She also noted that in addition the Boston Ballet program will be starting at the Salem YMCA this year to get that program started.
Mr. Gorman also addressed the Board and explained their summer program at Children’s Island and the outdoor activity space that they will have.
Walter Power noted that location of the pond behind the former Stop and Shop (now Staples) feeds to the pond in question and connects to the location of the single family homes in relation to the pond. Atty. Atkins stated that they will be using the pond for any reason what so ever. He also noted that they are working to see that the water runoff does not impact the pond. He noted that they have to meet water quality standards and maintain and reduce the maintenance of this.
Chuck Puleo asked who is going to develop the house lots. Mr. Nowak stated that they will be prepping the lots but not finishing them. Atty. Atkins noted that it is possible that all of the lots will be sold to one developer but they do not know that now.
There being no further questions or comments regarding this matter a motion was made by Gene Collins to approve the Preliminary Subdivision Application for Leggs Hill YMCA – Leggs Hill Road – North Shore YMCA, seconded by Pam Lombardini and approved (9-0).
Approval of Minutes
The minute of the Planning Board meeting held on December 15, 2005 were presented for approval. Pam Lombardini moved to approve the minutes of the Planning Board meeting held on December 15, 2005 as amended, seconded by Gene Collins and approved (9-0).
The minutes of the Planning Board meeting held on January 5, 2006 were presented for approval. Pam Lombardini moved to approve the minutes of the Planning Board meeting held on January 5, 2006 as amended, seconded by Gene Collins and approved (9-0).
Old / New Business
Chuck Puleo noted that he drove through the Fafard property and it looks as though they have started working on the area for public viewing at the top of the hill. Walter Power stated that he would encourage the members of the Board to go look at that.
Christine Sullivan stated that she would like the Board to prepare a 1 or 2 sheet statement on the kinds of presentation that the Board wants to see on developments.
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 (9-0).
The meeting was adjourned at 10:00 p.m.
Respectfully submitted by:
__________________________
Eileen M. Sacco, Clerk
Salem Planning Board
PB011906
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