Salem Planning Board
Minutes of Meeting
Thursday, July 13, 2006
A Special Meeting of the Salem Planning Board was held on Thursday, July 13, 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, Tim Kavanagh, John Moustakis, Pam Lombardini, and Tim Ready. Also present was Staff Planner Dan Merhalski.
Members Absent: Christine Sullivan
Dan Merhalski informed those present that due to an advertising error in the Salem News the Public Hearing for the St. Josephs site has been rescheduled to July 27, 2006 at 7:00 p.m.
Dan Merhalski informed the Board that an Executive Session is needed to discuss pending litigation. City Solicitor Beth Rennard informed the Board that a vote of the Board is required to go into Executive Session.
Pam Lombardini moved that the Planning Board adjourn to Executive Session and the Board will return to open session, seconded by John Moustakis. Walter Power called for a roll call vote as follows:
Tim Ready Yes
Gene Collins Yes
Chuck Puleo Yes
Tim Kavanagh Yes
Paul Durand Yes
Pam Lombardini Yes
John Moustakis Yes
Walter Power Yes
The motion carried (8-0)
The Planning Board reconvened the meeting at 7:20 p.m.
Continuation of Public Hearing – Definitive Subdivision Plan –YMCA of the North Shore - Leggs Hill Road (Map 30, Lot 83)
Atty. Atkins addressed the Board and noted that they have reviewed the draft decision. He noted that there are a couple of issues that they would like to address:
· Paragraph 10 regarding sidewalks in the private way for the YMCA parking lot. They show asphalt curb and the decision states granite curbing.
· Fire Department provision for an additional access road and that too says vertical granite curbing and they would like that changed to vertical asphalt curbing. He suggested that they get approval from the city engineer. He also noted that Lt. Griffin had said that she would be at the meeting tonight. Dan Merhalski explained that Lt. Griffin called and said that she is unable to attend the meeting this evening and stated that she said it did not matter to her if the curbing is granite or not.
Atty. Atkins noted that the second issue is a little more difficult. He referred to the turning lanes on Loring Avenue and noted that in order to do that they need to apply to MassHighway. He stated that they would like the city to be the applicant to MassHighway noting that their engineers feel that it will be a much easier process. He further noted that all of the work to be done would be the responsibility of the developer and all they ask is that the city be the applicant to the state. He also noted that there is a provision in the agreement that the road should be completed prior to the construction of the building.
Chuck Puleo asked if MassHighway requires removing curbing on either side of the road, are they ready to address that? Atty. Atkins noted that they feel that the striping will be accepted as striping only but they will have to work with them if they have issues.
John Moustakis asked if the Planning Department has someone that could report back to the Board on the meeting with the Marblehead Planning Board. Atty. Atkins reported that the Marblehead Planning Board approved the project three weeks ago.
Atty. Atkins explained that they were asked by Marblehead to set aside $100,000 towards traffic mitigation on Leggs Hill Road and Tedesco Street in escrow. He also noted that this amount includes Loring Avenue.
Atty. Atkins explained they agreed to put $100,000 aside for the Opticom System or sidewalks depending on the decision of the city.
Dan Merhalski noted that there are no plans for the bridge repair and noted that there should be a structural stability test of the bridge. He explained that MassHighway should test the stability of the concrete and a weight limit should be placed on it.
Atty. Atkins explained that a letter has gone to MassHighway regarding the condition of the box culvert and requesting a meeting on that. He noted that the letter was signed by Representative Keenan, Mayor Driscoll, and Councilor Joseph O’Keefe.
Atty. Atkins stated that the Fire Department has remained firm in their stance that they want to see how many emergency calls they get before the city makes a decision on the Opticom system.
Tim Ready addressed Mr. Atkins and noted that the Fire Department has remained firm on this and asked if the YMCA is comfortable with the extraordinary expense of $200,000 for a road for one fire truck? He also noted that there do not appear to be any formal hard requirements for that. He noted that the Opticom system is a $100,000 expense to the YMCA which they are prepared to provide if necessary. He expressed concern that they would have to spend that kind of money on something that is not required.
Atty. Atkins noted that his client is concerned about the costs and explained that he looked at the requirements that the Fire Department is basing their request on and he does not think that those requirements apply in this case at all. He also noted that the Fire Department would rather go overboard to protect against a tragedy that could occur and he thinks they have done an excessive amount in this case. He stated that they do not expect many emergency calls at this facility. He also noted that there is an issue as to which fire department should respond to this (Salem or Marblehead) but that is a union issue that needs to be worked out.
Paul Durand asked what the $100,000 gets for the Opticom system. A new light on Leggs Hill Road? Just a light to respond for the truck? He does not think that it includes the Opticom System for the fire truck. Atty. Atkins explained that the light will stop traffic to allow trucks to come through and go across the bridge. Paul Durand stated that he feels that there is no point in spending the money if all we get is the light.
Atty. Atkins stated that they are agreeing to this language and noted that they did not want to put the Planning Board at odds with the Salem Fire Department and he is hopeful that it will work out in the long run.
Tim Ready stated that he feels that if the Board sits back and allows this condition it will be precedent setting for other developers. He also expressed concern about the national standards that the fire department referred to when requiring the access road in the back of the building, noting that they were designed for the Midwest and not Salem, Massachusetts. He stated that he is reluctant to impose these conditions based on a national standard that is not imposed on us.
Walter Power noted that the Planning Board usually does not allow vertical asphalt curbing in heavily traveled areas. Atty. Atkins noted that this is a Definitive Subdivision Plan and not Site Plan Review and there is nothing before the board except the Definitive Subdivision plan. He also noted that they have voluntarily dealt with offsite issues and this refers to their driveway on their lot and they do not have to adhere to those kinds of standards that do apply to a site plan review. Walter Power noted that they do have to adhere to public safety issues. Atty. Atkins stated that he feels that is an arguable point of view and there are a lot of private driveways that are built without vertical granite curbing. Walter Power noted that this is not a private development, it is a public facility.
Atty. Atkins noted that the city keeps coming up with proposals that are continuing to cost his client a lot of money. He stated that they will be happy to install granite curbing if the city does not require the rear access road. Walter Power noted that the planning board has not even weighted in on this. Atty. Atkins stated that they would be happy to install the granite curbing if the city does not require the rear access road. Walter Power noted that it is a public safety issue. He stated that they should be considering this. Atty. Atkins stated that they would prefer to build the sidewalk in conjunction with the repaving of Leggs Hill Road but he does not have the ability to tell the fire department that they are not going to build the road.
John Moustakis asked where the construction equipment will access the site. Atty. Atkins noted that they will be using Leggs Hill Road. He noted that they will be repaving the road after the construction is completed. He also noted that the Mackey’s have some pretty big vehicles going up and down that road.
Tim Kavanagh noted that the greatest public safety issues are the sidewalks and the traffic intersection over which the Marblehead Planning Board has jurisdiction noting that the intersection has multiple issues.
Atty. Atkins noted that the decision allows them to enter into a discussion with the Fire Department with a member of the Board and suggested that there should be a meeting.
Walter Power noted that he has a letter from a resident of Londonderry Road in Marblehead and explained the letter. Dan Merhalski explained what the letter referred to. Atty. Atkins stated that they have a piece of property that they own and they can subdivide it and use access from Leggs Hill Road.
Councilor O’Keefe addressed the Board and noted that he is upset that the Board is second guessing the fire department. He noted that they have a statutory responsibility to make decisions in the best interest of the city of Salem. He referred to the statute and the fire code. He also asked if the Board knows what an Opticom System is. He explained that it is a signal system that has an ultraviolet light that is installed on the fire truck and stops traffic. He stated that it is a life safety issue. He requested that the Board respect the wishes of the Fire Department and approve the decision as agreed.
Tim Ready suggested that in an emergency if the lock box on the gate is frozen the fire department can find away to get that open. He stated that similarly when it is someone else’s money and just enough money to discourage the project there may be other worthwhile considerations or alternatives that need to be balanced before the fire department and the planning board begin with one single developer setting a precedent to establish $300,000 + for items when there may be other alternatives. He also noted that this is a precedent setting issue that is before the Board.
Councilor O’Keefe stated that he did not think that the Board has the expertise to know what is best for the public citizens of the city. Mr. Ready stated that the Board represents the taxpayers.
Councilor O’Keefe also noted that the box culvert needs to be addressed, noting that he thinks it is a danger and he hopes that the state will do something to fix it. Atty. Atkins noted that they are committed to pursuing that with the Commonwealth of Massachusetts.
John Moustakis suggested that the construction vehicles for the project should have to access the site on the other side in Marblehead. Atty. Atkins noted that all of the house lots are in Salem and that is one element of this project that is totally out of their jurisdiction. He explained that the box culvert is there and he would hope that they would consider that it is unfair to put any more burden on this developer. He also noted that he was not sure if Marblehead would agree to that.
?? agreed with John Moustakis and noted that it is questionable if the culvert can handle that and suggested that it makes more sense to send the construction equipment through a more stable area. Walter Power stated that he thought that was reasonable. He suggested that if the trucks use the box culvert for access the Commonwealth may have to take some action sooner than they expect.
Atty. Atkins referred to the Opticom System and noted that the Fire Department original determination was that they needed the Opticom System and they agreed to take the modified approach to see if the Opticom System is needed.
Walter Power opened the hearing up for public comment at this time.
Councilor Arthur Sargent addressed the Board and asked if there would be sidewalks on Leggs Hill Road and the timeliness of them being installed. He expressed his concern that people think that Salem residents are not going to use this facility, noting that there will be a lot of people who use this facility. Atty. Atkins stated that he said that 1/3 would be from Salem, 1/3 from Marblehead, and 1/3 from Swampscott.
Robert Bouchard addressed the Board and stated that he has quite a few concerns about this project. He referred to a light that is going to be installed and also questioned the drainage for the site. He also expressed concern about traffic on Loring Avenue and construction vehicles using that access. Chris Novak addressed the Board and explained the stormwater management plan and the drainage patterns. He also noted that they provided all of the calculations to the Conservation Commission during their approval process.
Walter Power asked them to explain the storage system that will be in place for heavy rains such as we had yesterday. Mr. Novak explained the system. It was noted that everything from the site will be captured and infiltrated on the site and discharged.
Walter Power stated that he thinks that the site for the fire department road is going to be filled. Mr. Novak explained the drainage for the access road site. Walter Power noted that the access road is not going to be used except for fire access. Mr. Novak noted that there will be a gate.
Councilor Leonard O’Leary addressed the Board and expressed his concern about the amount of water going into the reservoir. He noted that there were two developments in his ward that were effected and he is concerned about the flood plain. Walter Power stated that the engineer stated that they are capturing all of the water on the site. Atty. Atkins stated that the Conservation Commission issued an Order of Conditions and the City Engineer reviewed the calculations.
There 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 (8-0).
Dan Merhalski reviewed the draft decision for the project with the Board.
A discussion was held on the use of vertical asphalt curbing vs. vertical granite curbing. Tim Ready asked what the cost of imposing vertical granite curbing would be, noting that he is a little reluctant to impose one more city generated imposition on a non-profit organization. He noted that this is a want rather than a need. Walter Power questioned whether the board should skimp because this is a non-profit organization.
Gene Collins questioned whether the city should be beating them up on every issue. Walter Power stated that he is trying to be consistent.
Tim Kavanagh asked if there is a difference in safety and is the applicant going to be required to maintain it if they do install asphalt. Walter Power asked for a show of hands of those in favor of granite curbing and again for asphalt curbing. Walter Power noted that the Board members favor bituminous curbing and so noted the change in the decision.
Dan Merhalski continued reviewing the draft decision for the project.
Tim Ready suggested that the decision include a provision that the city be the applicant to the State for the Loring Avenue improvements. Dan Merhalski explained the proposed language for the decision to the Board.
A discussion was held on the condition of the box culvert on Leggs Hill Road and it was suggested by John Moustakis to request that the state inspect the culvert for its safety, noting that he does not want it to hold up the project. Atty. Atkins noted that a letter has already been sent to the state and suggested that the Board request that the City Engineer be instructed to do that on behalf of the Planning Board.
Atty. Atkins noted that the city engineer wants the developer to attempt to get approval to pave Leggs Hill Road and as long as the decision reads that way it should be acceptable to the City Engineer.
A discussion was held on the curbing for the access road in the rear and it was agreed that the word “granite” would be removed.
There being no further questions or comments regarding this matter a motion was made by John Moustakis to approve the draft decision for the YMCA of the North Shore as amended, seconded by Gene Collins and approved (8-0).
Continuation of Public Hearing – Site Plan Review – Puleo Realty Trust – 370 Highland Avenue (Map 3 Lot 63) Atty. George Atkins and Chris Novak
Chuck Puleo recused himself from discussion of this matter.
Atty. George Atkins addressed the Board and explained that they will be making two presentations. He noted that an issue was raised about landscaping to shield potential headlights on the property and Brad McKennzie will make a presentation regarding that. He also noted that the fire department is not going to require a hammerhead turnaround and as a result they will revise the plan. He also noted that the landscaping will also be changed. He also noted that Michael Abend of Abend Associates will present the traffic study.
Brad McKenzie addressed the Board and explained that they have amended the plan to add an evergreen buffer on Savona and also on Ravenna. He also noted that the abutters expressed concerns about stormwater runoff. He explained the plan and the drainage calculations that were submitted to the Board. He noted that they are proposing a subdivision roadway that will meet Planning Board standards with stormwater management that will catch the water, alleviating some of the problems that they currently have. He explained the system that they propose and the direction that it will take. He noted that they feel that by developing the roadway they are in essence catching the runoff and it will improve the situation that currently exists. Mr. McKennzie explained that the drainage system that is proposed with
catch basins throughout the site will intercept the surface water runoff in various locations. He explained how the system will work.
Michael Abend addressed the Board and explained the traffic study dated June 13, 2006. He noted that the counts were done in the afternoon and evening periods between 2:00 p.m. and 6:00 p.m. and on Saturday morning. He explained how they evaluated the conditions both building and no building conditions. He noted that he found that there would be 115 trips and the total number of vehicle trips would be about 150 trips. He also noted that Saturday would be about the same. He explained the access to the site from all directions and noted them on the plan. He estimated that about a third of the traffic will use Savona Street with 15 -20 cars during the busiest times.
Mr. Abend reviewed the Level of Service and noted that someone mentioned the light at Ravenna is very short and he noted that the state is planning on updating the timing on all of the lights on Highland Avenue and the city should talk to the state about extending the maximum time for the cars to get out of there. He noted that is all that he would suggest in terms of alleviating the impact of the project.
Gene Collins asked if he used criteria for banks in doing the traffic survey. Mr. Abend explained that he used the criteria for walk-up banking and drive-up banking.
Atty. Atkins noted that the City Engineer has looked at the plans and he wants the road to remain a private way to be maintained by the applicant and they are agreeable to that.
Walter Power asked for clarification on the access to the site from the north. Mr. Abend explained the plans and the circulation for that.
Walter Power asked about the suggested screening for the parking lot to screen the adjacent properties. Mr. McKennzie explained the material that they propose to use and the proposed grades. Atty. Atkins stated that they wanted to present something for discussion but they are open to discussions with the neighbors.
Walter Power opened the hearing up for public comment at this time. He asked that those present who wish to address the Board stand and give their name and address for the record.
Councilor Lenny O’Leary addressed the Board and noted that he asked for a full plan of the property at the last meeting showing all of the land on the site. He looked at the plan and noted the areas that he felt were missing. He stated that he is opposed to the street going out to Ravenna Avenue. He also noted that the water will go out to Ravenna. He noted that he is concerned about the area in front of the Mento’s house and showed pictures of two feet of water in front of their house. He noted that the key things that he concerned about is the road noting that it should not be there.
Mrs. Sherlock addressed the Board and thanked the applicant for considering the screening of their properties. She also expressed her concerns about the traffic that is going to be in their quiet neighborhood.
Alysse Mento of 1 Pyburn Street addressed the Board and expressed concern about the proposed trees and the location of them. She also noted that she is concerned about traffic and 17 cars going up and down that road. She also noted that there is a lot of night and weekend traffic at ATM’s.
Mr. Sheers addressed the Board and expressed his concern about the transportation that picks him up and the ability to get up there.
Councilor Arthur Sargent addressed the Board and expressed his concern about quality of life issues. He noted that there could be a lot of condition and a good plan does not need conditions. He noted that there should be no curb cut out to Savona Street. He suggested that the access should only be from Highland Avenue. He also expressed concern about water issues in the neighborhood.
John Sherlock addressed the Board and asked if there would be access to Puleos from Savona. Atty. Atkins stated that there will be a curb between the two parcels and noted that they would take another look at that.
Atty. Atkins addressed the Board and noted that he can’t disagree that they are going to put more traffic on Ravenna Avenue. He also noted the zoning lines on the plans and reviewed them. He noted that the B2 zone is a liberal zone that allows for business uses that should have a lot more of an impact than a bank. He also noted that Savona Street is a paper street and part of a registered land system all the way down Highland Avenue. He further noted that Mr. Puleo owns all of Savona Street and they have done a title examination that they have found no reservations of that street to anyone else. He also explained that because it is registered land the access cannot be blocked in anyway. He noted that there is a right to create a street in that area and the intent is not to put a lot of cars on
Ravenna Avenue. He explained that they are willing to work with the abutters to determine a way to screen the properties on Savona.
Councilor Sargent suggested that they should be considering the residential people and what is best for them noting that the B2 zone does not allow heavy industrial uses. Atty. Atkins urged the Board to look at the B2 zoning section of the ordinance.
Walter Power suggested that the Board arrange a site visit for this property. The Board scheduled a site visit for Saturday morning, July 15, 2006 at 9:00 a.m.
Dan Merhalski asked why there could not be two entrances to the property on Highland Avenue and close off the access from Savona Street. Mr. Abend explained the site and noted that a secondary access would not be agreeable to the state on the Highland Avenue side and explained the circulation of the site and the area. He noted that the only reason to develop two access points would be for emergency access. He also explained that they were not providing access to manage additional traffic, they were providing access for a business.
Mr. McKenzie reviewed the existing and proposed grades for the site. He noted that the roadway was designed to meet the geometrical standards of the regulations.
There being no further questions or comments regarding this matter a motion was made by Pam Lombardini to continue the public hearing to July 20, 2006, seconded by John Moustakis and approved (8-0).
Release of Funds – Green Dolphin Village Phase IV/Whalers Lane – Fafard Companies
John Moustakis moved to postpone this matter until the next meeting of the Planning Board on July 20, 2006, seconded by Gene Collins and approved (8-0)
Approval of Minutes
The minutes of May 18, 2006 were presented for approval. Pam Lombardini moved to approve the minutes of May 18, 2006 as presented, seconded by Gene Collins and approved (8-0)
The minutes of June 1, 2006 were presented for approval. Pam Lombardini moved to approve the minutes of June 1, 2006 as presented, seconded by Gene Collins and approved (8-0)
The minutes of June 15, 2006 were presented for approval. Pam Lombardini moved to approve the minutes of June 15, 2006 as presented, seconded by Gene Collins and approved (8-0).
Adjournment
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 Gene Collins and approved (8-0).
The meeting was adjourned at 10:30 p.m.
Respectfully submitted by:
__________________________
Eileen M. Sacco, Clerk
Salem Planning Board
PB071306
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