Salem Planning Board
Minutes of Meeting
Thursday, March 2, 2006
A regular meeting of the Salem Planning Board was held on Thursday, March 2, 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
Preliminary Subdivision Application – Chapel Hill LLC – Chapel Hill – Clark Avenue
Atty. Jack Keilty addressed the Board and recalled that a site visit was held on February 11, 2006 and some recommendations were made by members of the Board. Atty. Keilty noted that they have made some revisions to the plans in an effort to address the concerns of the Board and reviewed the changes. He noted that they have included a locus on the plan to orient the location and the surrounding properties. He also noted that they submitted a proof sheet showing the number of units in a cluster subdivision versus a conventional subdivision, and a plan that attempts to show the usable open space locations. There are 31 dwelling units on the conventional plan, and 38 units on the proposed cluster plan.
Atty. Keilty stated that they were submitting another sheet this evening that compares the roadway lengths in the cluster versus the conventional subdivision which show that the difference in the roadway length is five feet. Atty. Keilty stated that they have reached the criteria for a cluster subdivision in every instance and reviewed the regulations for a cluster subdivision.
Atty. Keilty reviewed the plan and noted that they intend to create a north and south cluster. He noted that the driving force behind the location of the lots is the topography of the land. He also noted that the resource areas are noted on the plan and most notably in the area is the monastery ruin. He noted that there are large boulders in the area and they stayed away from the wetland area in the right corner of the property. He also noted that the development should not result in a negative impact and they feel that the cluster subdivision is the most benign use of the land.
Atty. Keilty reviewed the area tabulation that they submitted regarding the usable open space for the site. He noted that they are providing 50,800 s.f. of useable open space on the north side area and the regulations call for 35,975 s.f. On the south side they are providing 59,500 s.f of usable open space and the regulations call for 35,907 s.f.
Chris Mello explained the regulations for calculating usable open space for a cluster subdivision.
Chuck Puleo questioned how one would get from one area of open space to the other. Chris Mello stated that it can be walked and explained the route one would take.
Dan Merhalski addressed Mr. Mello and noted that there is a discrepancy in the numbers for the usable open space on the plans. Mr. Mello explained the calculations and noted that they are close to 100% more open space than is required and if they get the opportunity to go forward they will be more specific. Dan Merhalski noted that he contacted the developer last week. He also told them that the numbers they presented tonight were different and stressed that the Planning Department needs to verify plans and figures prior to the Board’s meetings.
City Planner Lynn Duncan addressed the applicant and stated that aside from the discrepancy in the numbers there are other issues that need to be discussed. She noted that she has questions about the usability of the open space and noted that the areas need to be accessible to each other. She also noted that the non slope land is 15% and the Board needs to look at what is usable.
Councillor Mike Sosnowski addressed the Board and reported that Councillor Sargent put an order into the City Council to eliminate the cluster form of subdivision from the ordinance explaining that there was a seminar two years ago on this type of development and he feels that there are consistent misunderstandings of the cluster rules.
City Planner Lynn Duncan referred to the plan and stated that she is concerned that the open space area is not contiguous and that the usable open space should be accessible to the public and in her opinion this plan defeats the purpose of the open space requirement. She further noted that a benefit of the cluster subdivision is to preserve usable open space. She also noted that she is concerned about the density of this plan and noted that she has questions about the site being broken up and why it was designed the way it was.
Chris Mello explained that the cluster was broken up on the basis of the wetland and the design is the result of the criteria and motive behind the cluster. He also noted that this design mimics the design of the Steadman development and the Furnari property that was developed on Marlborough Road. He reviewed the cluster regulations and noted that this design is consistent with past practice and while he understands the concern he doesn’t see that in the regulations. He noted that they worked with the rules that they have to get to this plan.
Atty. Keilty noted that they are asking for approval of the cluster concept, not necessarily this math as there are further calculations that will be done for the next submission. He noted that if the Board wants to see something different they can get there.
Christine Sullivan addressed the applicant and stated that she has concerns about the plan. She noted that the Steadman plan had flow and she feels that this is just an attempt to build more homes. She also expressed her concern about the City Council wanting to do away with cluster subdivisions noting that it is a tool that the Board can use.
Gene Collins noted that this is a Form B and not a definitive subdivision and noted that the Board needs to act on whether this concept as presented addresses some of the issues and is moving in the right direction.
City Planner Lynn Duncan stated that certain pieces of land can work as a cluster and other parcels may not work. She stated that it is incumbent on the applicant to make the cluster work for the area and this may be one of those sites where it does not work. She noted that denying the plan sends a message to the developer for the definitive subdivision submission and recommended that the Board deny the Form B.
Tim Kavanagh asked Ms. Duncan if the thrust of her objection is that the usable open space is not contiguous. Ms. Duncan stated that the usable portions of open space on this plan area are not consistently accessible nor contiguous and not to the benefit of the public.
Tim Ready noted that they do meet the requirements of the usable open space provision and are well over the 35,000 s.f. requirement. He noted that he walked the site and noted that on the map the area looks steep, and noted that in reality it is a delightful walk in a wooded area.
Atty. Keilty suggested that they could look at incorporating paths into the open space plan.
Paul Durand noted that there is additional land behind that area that is owned by the city and is not noted on the plan. He noted that maybe there is a way to get there from the northern side.
City Planner Lynn Duncan said that if the applicant wants to make changes to this plan they could continue the item to the next Planning Board meeting.
Walter Power addressed the applicant and stated that this is a shameless attempt to put a lot of houses on this site and he feels that they are using the cluster ordinance against the Planning Board. He also made his feelings known on the City Council attempt to take a valuable planning tool away from the Planning Board.
Ward Three Councillor Jean Pelletier addressed the Board and stated that he agreed with Mr. Power and noted that he has concerns about the water and sewer in the area and the impact this development will have on the area.
Walter Power also expressed concern about the size of the lots noting that the city requires 15,000 s.f. lots and this plan jams as many houses as they can onto the site.
John Moustakis stated that it would make sense to look at a conventional subdivision for this site as well so the Board can compare them. Atty. Keilty referred to sheet # 2 that he submitted to the Board which shows the cuts.
Walter Power noted that he walked the site and it is a nice piece of land. He noted that there is a cliff that is not buildable and the area is difficult to connect because of the wetland. He requested that they look at having larger lots.
Atty. Keilty stated that they can work with this plan and refine it. He noted that if this plan is rejected in all likelihood they will come back with another Form B. He requested that the Board continue this and give them an opportunity to work on the plan and address the concerns of the Board.
Gene Collins moved to continue the matter until April 6th to give the applicant time to work on the plan and address the issues of the Planning Board, seconded Tim Kavanagh approved (9-0).
Atty. Keilty requested to grant an extension for the time for the Board to act on the application to April 10, 2006. Gene Collins moved to approve the extension of time for the approval of the application to April 10, 2006, seconded by Christine Sullivan and approved (9-0).
Public Hearing Site Plan Review – 90 Lafayette Street – RGC, LLC
Paul Durand recused himself from discussion of this matter and left the meeting at this time noting that he reviewed the minutes and he did not have corrections to them.
Mark Meche addressed the Board and explained the plan to demolish the existing building and construct a new building on the site. Mr. Meche explained that most of the ground floor of the site will be dedicated to parking noting that they have included 31 parking spaces. He also noted that the site will include a 900 s.f store front and there will be six units on each floor.
Walter Power noted that there are new city guidelines for storefronts. Mr. Meche stated that they followed the new guidelines for this plan.
Tim Ready questioned if there was a sidewalk planned for the front of the building noting that the plan looks as though there isn’t one. Mr. Meche noted that there would be a sidewalk in the front of the building.
Chuck Puleo noted that the height requirement for the downtown is 70 feet. Mr. Meche explained that the roofline is 70 feet with the parapets being four feet higher for safety.
Chuck Puleo asked about the drainage for the site. Mr. Ross explained that they have designed this to install a roof drain to slow the runoff so as not to increase it. Mr. Ross also noted that a wet tap is proposed in case of a water break.
Walter Power questioned if there was a right of way on Dodge Street Court and if Strega takes deliveries back there.
John Moustakis questioned how they plan to demolish the building. Mark Meche stated that it is most likely going to have to come down by hand.
Walter Power asked if there were any extra spaces on this site for the residents of Derby Lofts to park. Mr. Meche stated that there is no extra parking and the residents of Derby Lofts are parking in other places.
Christine Sullivan noted that Derby Lofts was a construction nightmare noting that streets were closed down and stressed that it cannot happen again. She noted that this looks like there is a big enough footprint to stage this in the back of the building. Mark Meche stated that there will be a need for some small staging in the front of the building for the brick facing, but he doesn’t anticipate closing down Lafayette Street for any reason.
John Moustakis noted that there is another potential project for the Derby Street area and requested that they work together on the construction schedules so that they coincide realistically.
Mr. Mech noted that when the gas company did the gas replacement recently they used Dodge Street Court as the staging area.
Christine Sullivan stated that she is concerned about the design of the tower and asked if Historic Salem Inc. has looked at this plan. She also requested to see a rendering of this in the context of that block noting that she is concerned about the tower look of the building.
Mr. Meche noted that they presented the plans to the Design Review Board last night and some members of Historic Salem Inc. were present and made comments.
John Moustakis stated that he likes the tower and noted that he feels it adds character to the city.
Mark Meche explained the variances that they are requesting for this project.
Dan Merhalski asked if there was a turnaround in the garage. Mr. Meche explained that there would be deeded dedicated parking spaces to the owners.
Walter Power opened the hearing up for public comment at this time.
Hank Deschamps addressed the Board and expressed his concern about past problems with water leaking into his building. He noted that his basement filled up with water. He also noted that there was a power issue for a lot of years and the voltage is low in his building, noting that he is concerned that this new building will effect that.
John Moustakis suggested that he check with the City Engineer and National Grid on that. Councillor Pelletier stated that he could contact someone at National Grid for him.
Councillor Pelletier also stated that his pet peeve is parking in the downtown and they are required to have 1 ½ spaces per unit and they are not proposing that. He also stated that he feels that the building is too high. He stated that if the number of units dictates if they build then they should not build, noting that it is not incumbent on the city to appease the developer.
Ward One Councillor Lucy Corchardo addressed the Board and stated that she feels that the proposal is an improvement to what is there now but she does not like the tower design compared to the other buildings in the block, noting that it is too tall and suggesting that they remove one floor. She also noted that she is concerned about the number of variances they are requesting and the density of the area. She also noted that parking is a huge issue noting that the St. Joseph’s site is proposing 80-100 units up the street from this site.
Ward Two Councillor Mike Sosnowski addressed the Board and stated that he is also concerned about parking noting that he is concerned about setting a precedent if the developer is allowed to provide less parking.
Stan Francine of 24 Daniels Street addressed the Board and stated that he is concerned about parking as well and noted that the Coastal Oil site is also slated to be developed and proposed underground parking for the required number of spaces. He noted that it is unfair to allow reduced parking for another project of similar density that does not meet the same standard.
Morris Shap of 1 Cambridge Street addressed the Board and expressed his concern that this in an aggressive plan and he likes the tower design. He also noted that he is a member of Historic Salem Inc. Mr. Shap also expressed concern about air rights for this site. Mr. Meche acknowledged that they are subject to air rights and explained that there are legal constraints with the windows on a building with no setbacks. He also explained that in the future they may be required to board up windows if there is further development on the site such as the construction of another level on the Deshamps property. He noted that this would occur in accordance with the Board of Regulators’ requirements.
Mr. Meche also explained that they could not go underground for parking on this site and noted that some of the Derby Loft buyers have 1 car and some have no vehicles. He also noted that some people use the extra space for visitors.
There being no further questions or comments regarding this matter a motion was made by Gene Collins to continue the public hearing to March 16, 2006, seconded by Pam Lombardini and approved (8-0).
Approval of Minutes
The minutes of the Salem Planning Board meeting held on February 16, 2006 were presented for approval. Chuck Puleo moved to approve the minutes, as amended, of the meeting held on February 16, 2006, seconded by Pam Lombardini and approved (8-0).
Old/New Business
Dan Merhalski informed the Board that a joint public hearing with the Salem City Council will be held on Thursday, March 16, 2006 at 6:00 p.m. on the rezoning for the Endicott School.
There being no further business to come before the Planning Board at this meeting a motion was made by Tim Ready to adjourn the meeting, seconded by Pam Lombardini and approved (8-0).
The meeting was adjourned at 8:45 p.m.
Respectfully submitted by:
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Eileen M. Sacco, Clerk
Salem Planning Board
PB030206
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