Salem Planning Board
Minutes of Meeting
Thursday, April 6, 2006
A regular meeting of the Salem Planning Board was held on Thursday, April 6, 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, John Moustakis, Pam Lombardini, Tim Kavanagh, Christine Sullivan, Paul Durand and Tim Ready. Also present were City Planner Lynn Duncan and Staff Planner Dan Merhalski.
Members Absent: None
Walter Power asked those present at the meeting to please listen to the presentation and to hold their comments until he asks for public comment.
Dan Merhalski explained that there has been a change in the agenda this evening and noted that the applicant for 90 Lafayette Street has requested that the public hearing be continued to the next meeting. He also noted that City Planner Lynn Duncan would be making the presentation on the Szetela Lane zoning change proposal.
Szetela Lane Rezoning Recommendation
City Planner Lynn Duncan addressed the Board and explained that a joint public hearing was held with the Salem City Council and the Planning Board. She summarized the comments made at the public hearing and noted the locations on the site map. She stressed that she believes that the R3 is appropriate for the area.
Lynn Duncan stated that a number of valid concerns were raised at the public hearing and noted that they ranged from the comment that the developer could come back and look for variances later. There were also issues about the height of the buildings and concerns about losing water views. She also noted that the city would enter into a contractual agreement with the potential developer that would state what they would be proposing to do and provide a rendering of what the development would look like. She also noted that the agreement would run with the land so that if the developer sold the land to another party they would have to adhere to the same conditions.
Ms. Duncan stated that the Mayor is committed to a good development on this site and noted that the Planning Department has been working on this and any development on this site would be an improvement of the area. She also noted that we do not have a selected developer yet but there are some proposals and explained the process by which the Planning Department would follow for this site. She further noted that she is fully confident that a zoning change from R2 to R3 would be a positive change for moving this sale forward, not only because of the fiscal problems that are driving this but also for the neighborhood.
Paul Durand addressed the Board and expressed his support for the change in zoning.
Christine Sullivan addressed the Board and stated that she feels that the R3 is a better option for the site.
Tim Ready addressed the Board and reviewed the history of the site noting that historically it was a factory site and now what it is today. He stated that he feels that this change would be advantageous to the city and the neighborhood.
Walter Power noted that he spoke to the Mayor and she is very involved in this process.
He also noted that supposedly there is a Salem trail that runs through there and requested that more information be gathered to make sure that a development on this site would not interfere with that.
John Moustakis addressed the Board and stated that he tends to agree with Christine Sullivan. He also noted that the Planning Board does not make the final decision on this, noting that the City Council would make that decision.
There being no further questions or comments regarding this matter a motion was made by Paul Durand to recommend to the City Council that the zoning for Szetela Lane be changed from R2 to R3, seconded by Christine Sullivan and approved (9-0).
Continuation of Public Hearing – Definitive Subdivision – Cluster Residential Development – Wetland Special Permit – 57 Marlborough Road – Osborne Hills Realty Trust – Atty. Brian McGrail
Dan Merhalski read a letter from the applicant requesting that the public hearing be continued to April 20, 2006. John Moustakis moved to continue the public hearing to April 20, 2006 seconded by Chuck Puleo and approved (9-0).
Public Hearing Site Plan Review – 90 Lafayette Street – RGC, LLC
Paul Durand recused himself from discussion of this matter.
Walter Power read a letter from the applicant requesting that the public hearing be continued to April 20, 2006. John Moustakis moved to continue the public hearing to April 20, 2006 seconded by Tim Kavanagh and approved (8-0).
Continuation of Preliminary Subdivision Application – Chapel Hill LLC – Clark Avenue (Map 6 – Lots 7,8,and 9)
Dan Merhalski read a letter from the applicant requesting that the public hearing be continued to April 20, 2006 and to extend the time by which the Planning Board has to act on the application to April 24, 2006. Tim Kavanagh moved to continue the public hearing to April 20, 2006, and the time for which the Board has to act on the application to April 24, 2006, seconded by Pam Lombardini and approved (9-0).
Public Hearing – North River Canal Corridor – Mixed Use District – Special Use Permit – 28 Goodhue Street
Dan Merhalski read a memo that outlined the process for this application. He noted that this application is only for a use permit and not site plan review. The developer will not be allowed to do any construction on the site with this permit and must still go to the Zoning Board of Appeal for variances. He also reviewed the ordinance and noted that the application meets the requirements of the ordinance.
Christine Sullivan noted that the Board will not be looking at the density of the project. Dan agreed and explained the ordinance.
Atty. Joseph Correnti addressed the Board and explained that the site is currently vacant and reviewed the history of the property. He also noted that they have a memorandum of understanding that talks about the proposed use of the site and what would be appropriate for it. He also explained that they have shared all of their information with the Planning Department and the final report issued by their consultant was that the previous building on the site was not usable and explained the process by which they demolished the building which took six months as they took it apart in sections.
Atty. Correnti explained that they spent a lot of time looking at options for the site and explained the history of the zoning on the site and the process they went through to plan the site. He stated that he thinks that the mixed use building was always what was contemplated for the NRCC and reviewed the requirements. He noted that they are presenting a mixed use building that will be four stories with a mix of retail and office space on the first floor and residential on the other floors. He noted that the plans they intend to submit will be for 44 units. He also noted that they have agreed to 40 market rate units and 4 affordable units. He noted that the are proposing plenty of parking and when they come back for site plan review they hope to have amended landscaping plans that show more green area. He also noted
that the architectural features of the building are open for discussion.
Atty. Correnti noted that they went to great lengths in their application to show the criteria and the uses they propose. He explained the amenities that they are proposing including walkways along the river and new sidewalks.
The architect for the project addressed the Board and explained the plans for the building. He noted that it will be four stories with retail and office space on the first floor and residential on the other three floors. He also explained the footprint of the site. He noted that they plan 120 parking spaces for the site.
Walter Power opened the hearing up for public comment at this time.
Jim Treadwell of North Salem addressed the Board and reminded everyone that we are here for a special use permit and he wants to make sure that everyone knows that he has comments on other issues. He noted that many uses are allowed on this site. He also explained the idea behind the zoning for the area, having served on the committee for the zoning change. He stated that he will be more precise when the project goes through site plan review. Mr. Treadwell also voiced his concerns about granting a special use permit on this site noting that certain conditions must be met. He went on to review the proposal and the regulations and voiced his concerns about various aspects of the proposal and the Planning Departments consideration of it.
Brian Phelan of Friend Street addressed the Board and noted that he will be looking at this project and expressed his concerns about the proposal.
Council President Jean Pelletier addressed the Board and stated that when this process was taken up by the council he did not vote for it because he feels that the process was flawed. He explained that he feels that the process was rushed because the working group working on the project was set to expire. He also stated that the Planning Department never notified the businesses down there. He also noted that the city council wanted an opinion from the city solicitor and they never got one. He stated that he feels that there will be legal challenges ahead on this because of the process. He also noted that the NRCC calls for a mixed use development and that is what is being presented here.
Councilor Pelletier reviewed the approved uses and noted a business that is there that does not meet the new zoning. He also stated that he understands that the Mayor and the administration wants this but questioned the uses that could go in there and whether they would work in that area.
Councilor Matthew Veno addressed the Board and stated that he did not feel that the process was rushed on the NRCC ordinance and explained the process and the timeline that took place. He noted that there were many long hard meetings that took place on this noting that there was plenty of opportunity for public input. He also stated that the city solicitor did review the document and they also had the expertise of the planning department to rely on. He stressed that he felt that it was a good solid process and he did not feel it was rushed. He stated that he would reserve comment on the proposal for now.
Lynn Duncan addressed the Board and stated that she feels that we have an exciting mixed use development proposal for this site and explained some concerns that were raised by the public. She stated that she feels that the neighborhood master plan is very good and the Mayor is supportive of this plan. She also reviewed the process that was done for the NRCC zoning.
A woman addressed the Board and noted that Kendall Square in Cambridge is a great example of what could go there. She also noted that she did not think that this proposal is child friendly referring to the affordable housing units
Mr. Treadwell again addressed the Board and asked the City Planner if the affordable housing units could be set aside for Salem residents. Ms. Duncan stated that they would have to look into that and research 40B.
The Planning Board discussed conditions for the approval.
There being no further comments or questions regarding this matter a motion was made by Christine Sullivan to issue a special use permit for 28 Goodhue Street, with the following conditions:
1. The applicant has offered and the Planning Board has accepted that four (4) units of the proposed development will be sold as affordable units, subject to the requirements of MGL 40B; and further, that, to the maximum extent permitted by law, the affordable units will be set aside for Salem residents as defined by the City of Salem Department of Planning and Community Development.
2. If the future retail uses for the development require Special Permits, these permits will have to be applied for separately and apart from this Special Permit for Use, and will be subject to their own review process, distinctly apart from this approval.
The motion to grant a Special Use Permit - North River Canal Corridor Neighborhood
Mixed Use District was seconded by Pam Lombardini and approved (9-0).
There being no further business to come before the Planning Board this evening, a motion was made by Tim Ready to adjourn the meeting, seconded by Pam Lombardini and approved.
The meeting was adjourned at 9:30 p.m.
Respectfully submitted by:
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Eileen M. Sacco, Clerk
Salem Planning Board
PB040606
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