Salem Planning Board
Minutes of Meeting
Thursday, July 20, 2006
A regular meeting of the Salem Planning Board was held on Thursday, July 20, 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, Christine Sullivan, Pam Lombardini, and Tim Ready. Also present was Staff Planner Dan Merhalski.
Members Absent: None
Walter Power asked the Board to consider continuing the discussion on the recommendation to the City Council on Drive Through Facilities to the next meeting of the Board on July 27, 2006.
Pam Lombardini moved to continue the matter to July 27, 2006, seconded by Christine Sullivan and approved (9-0).
Patricia Donahue addressed the Board and expressed her concern about the amendment to the NRCC Zoning.
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. Atkins addressed the Board and reviewed a couple of matters that came up as the result of the site visit held last week.
He explained that Savona Road was laid out as part of a long series of registered land parcels or paper streets and are not presently accepted by the city and is not a public way. He explained the location and the zoning on the plan. He noted that the applicant has a right to build this road and noted that the city engineer made a recommendation to the Board that the road remain a private way to be maintained by the applicant. He also noted that although the neighbors do not want the road to connect to Ravenna, he has a right to develop his property. He asked Brad McKennzie to address the Board regarding the right of way line across Ravenna and also to give the Board a better sense of the roadway itself.
Mr. McKennzie addressed the Board and reviewed the plans. He noted that they looked at the area of 1 Pyburn and 1,3, and 5 Ravenna Avenue. He noted that they provided additional renderings to get a better look at the impact to these areas. He explained that the profile is very gradual and reviewed the sight lines. He noted that they have looked at the area as to direct headlight glare of cars coming down the street. He explained the rendering that was handed out and noted the locations. He noted that the direct line of sight for the headlight at 5 Ravenna would be at the bottom of the home. He suggested that they could provide some mitigation in the form of plantings or a fence to mitigate this impact.
Walter Power asked what the proposed grade is and if there is a catch basin. Mr. McKennzie explained that there are two catch basins proposed at the end of the proposed roadway with an underground leeching system and explained the system.
Atty. Atkins noted that they have been meeting with the neighbors during this process and noted that Mr. Moustakis made an observation that they may not be able to get an idea of the impact of this road until it is built and suggested that it may be best to wait until the road is built before deciding on mitigation such as fencing or landscaping. He suggested that they establish an escrow fund for the mitigation for the neighbors.
Walter Power asked if they were installing a sidewalk on the other side of the street. Atty. Atkins explained the existing sidewalks on the street and noted that they will be continuing along that. He also noted that they have determined that there is room in the right of way to do fencing or landscaping or a combination of the two.
Walter Power asked if they have an idea of how much money they would put in escrow for the mitigation. Atty. Atkins explained that they have investigated the cost of fencing and landscaping and are proposing putting $5,000 in escrow.
Atty. Atkins stated that using Savona Road provides a more logical traffic flow. He noted that Mike Abend has looked at traffic and how it will be dispersed and asked him to explain that.
Mr. Abend addressed the Board and explained the traffic circulation for Savona Road and Ravenna Avenue. He also reviewed the traffic flow for the Highland Avenue area.
Atty. Atkins asked Mr. Abend to explain the peak hours for the bank. Mr. Abend explained that the peak hours represent the busiest times for the bank. He also noted that the presence of an ATM would draw people to the bank at all hours. He explained the circulation on the site. He noted that the way the lanes are set up directs them through the site and explained that route on the plan.
Atty. Atkins reviewed the hours of operation for the bank and noted that this area is zoned B2 and a bank is a minor impact use for this site and he thinks that the neighbors will find it acceptable. He also noted that the bank will provide tax revenue for the community and is a mild use compared to what could be going in there such as a fast food establishment or a Dunkin Donuts. He also noted that the applicant, St. Jeans Credit Union, will be providing about 25 jobs at this site.
Walter Power asked to have the transaction points explained on the plan. Atty. Atkins noted that the teller windows will be located in the front of the building. He also noted that the cueing will go all the way around the building so that there will be no spilling onto any street.
Walter Power opened the hearing up for public comment at this time.
John Fontaine of Ravenna Avenue addressed the Board and expressed his concerns that the road is out of character for the neighborhood and there are a lot of children in the neighborhood. He also stated that he is concerned that the value of his property will be affected.
Atty. Atkins addressed the Chairman and noted that his client removed an obscene sign from his property this morning and asked that the proceedings remain civil.
Erik Sheers of 5 Ravenna Avenue addressed the Board and expressed his concern that he felt all along that the proposed road was hypothetical and now he feels that it is too late and the road is going to be built. He read a letter to the Board expressing his concerns.
John Mento of 1 Pyburn Avenue addressed the Board and stated that he is concerned about the impact of this project on the neighborhood. He stated that the whole idea is ludicrous and the project should enter and exit on Highland Avenue. He also expressed concern that customers of Puleo’s Dairy will be using the roadway as well.
Dick Williams of Thomas Circle addressed the Board and expressed concern about the light cycles on Highland Avenue and the difficulty getting across Highland Avenue.
Keith ?? of 2 Pyburn Avenue addressed the Board and expressed his concern about additional traffic in the neighborhood. He noted that people use Pyburn now for a turnaround and he is also concerned about the children in the neighborhood.
Walter Power explained that the road will not be used for Puleo’s or the self storage facility and noted that there will be a barrier between Puleo’s and the bank.
Alyse Mento of 1 Pyburn Avenue addressed the Board and stated that the road is for the convenience of the bank and she asked the Board to consider the convenience of the neighbors.
Jim Santoro of 16 Ravenna Avenue addressed the Board and expressed his concern that without this road if the bank is built it will impact the other end of Ravenna and stated that he feels that the bank needs that road.
Councilor O’Leary addressed the Board and explained that he agrees with the neighbors who oppose the road. He also noted that he put an order into the city council for a comprehensive traffic study. He also noted that he does not feel that they did an adequate traffic study for this project. He stated that he has a big problem with this and he feels that maybe the bank is the problem. He stated that he does not think that the road is for the benefit of the bank noting that Mr. Puleo owns three lots in the back that have no access. He also requested that a comprehensive traffic study be done on the Highland Avenue area.
Councilor O’Leary also questioned why they are planning two lanes for the drive through, noting the Walgreens site that has a no left turn provision. He stated that he does not understand why they need a double road for this drive through.
Gene Collins stated that he understands the neighbors concerns but he does not agree that the applicant is trying to deceive anyone with the traffic study.
Jerry Irish of Sophia Road addressed the Board and expressed his concern about runoff and flooding in the area. He noted that he knows the area and the water tables are high and some people on Pyburn get flooded out when it rains.
John Mento of 1 Pyburn Avenue addressed the Board again and stated that the people on the neighborhood just want a decent quality of life and this will add much more traffic and water into the area as well as the roadway. He stated that they planned the road to accommodate the lots they own in the back. He explained the history of the area and the paper road. He also noted that traffic is out of control on Highland Avenue.
John Sherlock of 6 Ravenna Avenue addressed the Board and stated that he feels that this will be a tough impact on the neighborhood and suggested making Savona Road a one way street.
Lauren Sherlock of 6 Ravenna Avenue addressed the Board stated that she agrees that making Savona Road a one way will reduce the impact on the neighborhood. She also stated that she would like to see a more permanent barrier between Puleo’s Dairy and the bank on the site.
Patricia Donahue of Dearborn Lane addressed the Board and expressed her concern about the traffic on Highland Avenue. She also stated that she did not think that $5,000 was nearly enough money to be put in escrow for the mitigation noting that landscaping and fencing will cost more than that.
Tim Ready addressed the Board and noted that there has been some controversy regarding the zoning and asked for clarification noting that it may be adding to the confusion. Walter Power stated that the area is zoned for business.
A neighbor addressed the Board and stated that he did not think that they should sacrifice a neighborhood for a business.
Walter Power noted that the owner has a right to develop his property and he feels that the bank will be a good neighbor. He noted that most of the traffic will be coming from Lynn.
Walter Power suggested that the mitigation package should be about $10,000-$15,000. Atty. Atkins stated that they are looking at a small area but he thought that $10,000 was reasonable and he would discuss it with the owner.
Walter Power also asked if the French drain at the end of Ravenna had been included in the drainage calculations. Brad McKennzie stated that it has been included and explained the drainage calculations on the plan and how they did those calculations. He noted that the purpose of the system is to mitigate the difference. He explained the areas on the plan where they are located and explained the reasoning for them. He noted that they have taken into consideration all of the area that they are going to develop and they believe that the situation in the neighborhood will be greatly improved. He also noted that they are reducing the volume of water and that is not required by any of the regulations.
John Mento addressed the Board and stated that Mr. Puleo is on the Planning Board and this is a done deal. He stated that the Board doesn’t know anything about Planning and left the meeting at this time.
John Moustakis noted that traffic is a problem in the City of Salem noting that 38,000 cars travel on North Street every day. He also noted that the applicant has a right to develop his property whether he is on the Planning Board or not and legally the Planning Board cannot stop him from doing that.
Walter Power noted that some people have called for a moratorium and the city has to plan for that and prove that they need it. He recalled that there was one several years ago and it stalled everything.
Atty. Atkins addressed the Board and asked to clarify some things. He noted that he does not misrepresent anything and if he felt that something was being misrepresented he would not allow it to be presented to the Board. He noted that he has been doing this work for over 20 years and he would never allow that to happen.
Walter Power stated that he has known Mr. Puleo for years and he has the highest regard for him. He noted that he has not spoken to any other board members on how they intend to vote and each member has a right to vote as they feel is right regardless of how anyone feels about it. He also noted that they have tried to take care of issues that have come up. He also noted that he feels the bank is the best thing that could ever go in there.
Walter Power addressed the neighbors and noted that the Board has listened to their concerns and have attempted to address them with the applicant. He also noted that the Board has reviewed this application thoroughly.
Amy Sheehan addressed the Board and stated that she feels a little let down because she thought that before this evening they had a shot at not having the road. John Moustakis stated that if the Board voted against the project the applicant would win in court.
Lauren Sherlock addressed the Board and again requested that the road be one way coming in from Lynn. Gene Collins noted that the Planning Board does not determine one way streets, the City Council does.
Paul Durand noted that the one way street does not provide access and it is legally a paper street the purpose being to provide access to those lots.
Atty. Atkins stated that they could not agree to a one-way street explaining that it is illegal and they could not agree to that. He also noted that they cannot do that independently because there are others rights involved.
Christine Sullivan addressed the Board and noted that the role of the Board is to balance the issues and explained that the developer has the right to have a business there. She also stressed that she hears the concerns of the neighbors and noted that mitigation is enormously important. She also noted that she liked the idea of the one way but understands that it is illegal to do. She also noted that we have to have a civil society and what happened here tonight was insulting to every member of this Board. She also noted that she would hope that in the future that these meetings will be conducted with that in mind.
John Moustakis addressed Atty. Atkins and asked them to work with Mr. Sheers on his concerns about the impact of the project on his property. Atty. Atkins stated that they have been talking with Mr. Sheers and they would continue to do so.
John Petroski of 102 Marlborough Road addressed the Board and stated that the positive thing about this is that the School Busses will be gone and they will not be using Marlborough Road.
Lucille Civiello addressed the Board and suggested that they enter and exit the property from Highland Avenue and then when Mr. Puleo wants to build his houses put the other road in. Atty. Atkins stated that there are no houses proposed at this time and are not part of this application. Mrs. Civiello stated that she knows that they will be building houses in the future. She also suggested that they could use Walmart as a turnaround.
There being no further questions or comments regarding this matter a motion was made by Pam Lombardini to close the public hearing, seconded by John Moustakis and approved.
Dan Merhalski informed the Board that he has provided them with a list of four proposed conditions for this application. Gene Collins expressed his concern that the Board has not been provided with a complete decision as they usually are noting that particularly in this case the Board should be dotting all the i’s and crossing all the t’s.
Walter Power suggested that the Board review the proposed conditions and add conditions if they so choose. Dan Merhalski reviewed the proposed conditions.
Christine Sullivan requested a condition on mitigation. John Moustakis requested that a condition be included to address Mr. Sheer’s concerns. Mr. Sheer addressed the Board and stated that he does not think that anyone knows what is going on with the $10,000 and how they came to that figure. He stated that he feels that it is being picked because it is a nice round figure. Atty. Atkins explained that he intends to talk with the abutters on the best way to use that money whether it will be landscaping or fencing. Mr. Sheer stated that he wants to be sure that the right amount of money is being allocated for mitigation.
Atty. Atkins noted that they are not talking about rebuilding Ravenna Avenue. They are talking about some screening or fencing or shrubs and possibly some sidewalk work. He noted that there are some shrubs included on the plan already that address some neighbors concerns and are not included in the $10,000.
Christine Sullivan asked that Atty. Atkins meet with the neighbors and report back to the Planning Board noting that if the $10,000 is not enough the Board will know that. She suggested that Atty. Atkins report back to the Board at the second meeting in September.
Mr. Sheers stated that he did not think they would get the attention of the Planning Board. Walter Power stated that the Planning Board has a full docket and they are always available to the public. Pam Lombardini noted that people come back to the Board all the time.
Walter Power clarified the language regarding the barrier between the bank and Puleo’s Dairy. John Moustakis suggested that the Planning Department review the landscaping for the project when it is installed. Dan Merhalski stated that review of the landscaping by the Planning Department is a standard condition.
Christine Sullivan stated that she wanted it spelled out in the decision that the mitigation area is from Ravenna to Savona.
Walter Power asked if there were any sidewalks that go beyond Savona Road. Atty. Atkins stated that he did not think that there were any other sidewalks in the neighborhood.
Tim Ready noted that there have been some false expectations built and suggested that the dialogue regarding the mitigation needs to be civil and that both parties understand that those false expectations cannot be met.
There being no further questions or comments regarding the decision, Tim Ready moved to approve the project, seconded by Gene Collins and approved (6-0-2) with Paul Durand and Christine Sullivan abstaining.
Chuck Puleo returned to the meeting at this time.
Continuation of Public Hearing – Osborne Hills Realty Trust- Definitive Subdivision – Cluster Residential Development –Wetland Special Permit – 57 Marlborough Road
The Board reviewed the proposed decision for the project.
Christine Sullivan asked for a clarification on the fact that there will be one plan that will be stamped and approved by the Board noting that there are several dates on this document. Bill Luster noted that there were amendments to the plan during the process and they are all documented.
Chuck Puleo stated that the final location of the traffic light will have to be noted on the plan. Atty. McGrail explained that in the approval tonight is a requirement that they move the light as suggested by the Board’s consultant. He explained that if the relocation of the light is not approved they will revert to moving the location of the subdivision entrance. He also noted to Mr. Leger that neither scenario contemplates the location of the light in front of his house.
Gene Collins asked about the ownership of the open space. Dan Merhalski explained that the open space and the trail system will be owned by a homeowners association with a permanent easement for recreational uses for the City’s residents.
Tim Kavanaugh stated that he thought that there was going to be some parking included to people who want to use the open space and the trails. Atty. McGrail stated that they would accept a condition to work with the Department of Community Development to provide some parking spaces on the site. He stated that they have discussed it and they are willing to cooperate with the city on that.
Christine Sullivan noted that the use of the land appears to be restricted in use to the residents of the city of Salem. Dan Merhalski explained that it refers to the residents of the city but is not intended to restrict non residents. Bill Luster noted that the language is based on the zoning ordinance for the cluster development and the Board can amend that if they so choose. Christine Sullivan noted that it is open space and this appears to be a limited easement. She noted that if we are trying to keep land in perpetuity where people can walk we should keep it that way. Dan Merhalski stated that they could change the language to read “public”. Atty. McGrail explained that it may affect the marketability with regards to the bylaw which reads for use by the residents of the city.
Tim Ready noted that the responsibility of the Planning Board is to the residents of the City of Salem not the public in general. Atty. McGrail stated that he felt that the use of the area by the public will add to traffic concerns.
Chuck Puleo asked if there are any bike trails or are these strictly walking trails? Tim Ready suggested that it should be decided by the homeowners association. Gene Collins noted that non motorized vehicles are mentioned.
Walter Power noted that he is concerned about trail signage. Dan Merhalski noted that conservation commission markers will be installed along the trails.
Christine Sullivan noted that the language of the decision indicates that all of the work that is going to take place on the trails needs the approval of the Conservation Commission and questioned if that includes maintenance of the trails. Dan Merhalski explained that the maintenance would require the approval of the Conservation Commission since most of the trails are in areas that include wetlands.
Christine Sullivan noted that the decision says that they have two years to complete the infrastructure. Dan Merhalski explained that there is a provision for the Board to grant extension. Bill Luster noted that the project will take about 8 years to complete and the two year provision will affect their ability for financing. Tim Ready stated that he finds two years to be most unreasonable.
Dan Merhalski explained that the Mayor is willing to amend the decision so that if the applicant provides a letter from a financier stating that two years is a problem they would be willing to consider a change in the time frame. Christine Sullivan questioned why we are putting two years as a time limit in the decision. Dan Merhalski stated that this provision gives the Planning Board the ability to oversee the progress of the development. Christine Sullivan suggested including phases and time limits. Bill Luster explained that it is very hard to do in a market driven situation and explained that they have to be able to convince a bank that it is a true approval and that changes in personnel in the city will not have the ability to change the plan.
Atty. McGrail suggested a 6 year approval with an automatic two year extension as long as progress is being made.
Bill Luster stated that they understand a reasonable time frame but two years does not work for them.
Tim Ready stated that he feels that we have to give them a credible package to take for financing and this restriction does not provide that. He stated that this ties their hands and we need to do better.
The Board discussed reasonable time frames for this issue. Christine Sullivan stated that reasonable time frames should be in place. Atty. McGrail explained that the special permit says that if they do not start within two years they will lose the permit.
Chuck Puleo suggested that the first phase include the main road and the lights and that they be completed within the two years. Atty. McGrail suggested that it is included in the first phase.
Christine Sullivan expressed concern about the 8 year time frame noting that if the project stops the buyers have no recourse.
Atty. McGrail explained that the phases will be separately bonded and they are designed so that when phase one is built it can be lived in nicely while the other phases are being constructed.
Paul Durand noted that we want to make sure that the development gets built the way that the Board approved it. He stated it is worth taking the time to build it as opposed to placing restrictions on it.
Christine Sullivan suggested that if 8 years were granted, the developer could give a report to the Planning Board on a yearly basis and keep the Board informed of the progress. Bill Luster explained that there is oversight in the bond process for each phase and this is addressed in other conditions.
Paul Durand questioned if as long as the home owners are protected does the Board care if there is more open space up there for a period of time? He also noted that he does not think that the developer has a desire to not develop the property.
Tim Ready suggested that the Board change the two years to eight years. Atty. McGrail suggested that if the Planning Board has any issues they can request that the developer come before the Board to explain things.
Christine Sullivan noted that the contribution of $40,000 is so that the city can have a traffic study done on the area near the Highland Avenue intersection with Marlborough Road. Dan Merhalski said that is correct.
Christine Sullivan asked what the status of the pumping station is. Dan Merhalski explained that the city will take that over upon completion of the project.
Walter Power asked about the location for the proposed parking spaces for the public. Bill Luster stated that they will probably be in the location for the proposed convenience store.
Atty. McGrail referred to lot 5 and if for some reason it does not become a convenience store they would like it to be a buildable lot at the completion of the development after the sale of the final lot, if approval for the store is not granted.
Christine Sullivan noted that there were problems with blasting on another project that damaged someone’s pool and asked how we are protecting the neighbors. Walter Power noted that there are regulations and the City has a blasting ordinance that is overseen by the Fire Department. Bill Luster explained the pre blast survey process and how that works.
Christine Sullivan suggested that the decision should specify that all utilities will be underground.
Atty. McGrail suggested language regarding violations and suggested that language should be included that gives an opportunity to cure the violation forthwith. Christine Sullivan asked what forthwith means. Atty. McGrail suggested fourteen days.
Dan Merhalski read comments from other Boards and Commissions.
Walter Power noted that there is one unresolved issue. Atty. McGrail stated that his client has been cooperative throughout this process. He reviewed the mitigation package that was discussed with the administration and noted that concrete sidewalks are not required in the subdivision although they are allowed. He noted that they did not include that in the original package and it was included in the revision from the city. He noted that it is something that his client cannot accept because of the financial impact of hundreds of thousands of dollars. He noted that it is an issue of aesthetics. He also explained that some communities look at concrete as better looking but bituminous is easier to maintain. He stated that his client is willing commit to do 200 feet into the subdivision to blend it
in with Marlborough Road and asked the Board to remove that provision from the decision.
Paul Durand addressed the Board and explained that it is more in keeping with the trail system it tends to be more or a natural material. He stated that he feels that aethetically bituminous is preferable.
Christine Sullivan clarified that the issue is whether the sidewalks will be gray or black. She stated that she feels that it is a marketing issue and while the developer is comfortable with it the buyers may not be.
Dan Merhalski addressed the Board and noted that the Mayor has discussed this issue at length and she is adamant that the sidewalks be concrete noting that the Planning Department recommendation came from the administration.
Tim Kavanagh asked what the significance of the concrete sidewalks are. Dan Merhalski explained that the city is requiring them on a regular basis.
Tim Ready asked what the Mayor’s reasoning is. Dan Merhalski explained that she feels that it would be a benefit to the community and would last longer. Tim Ready noted that the Board agreed to bituminous for the YMCA sidewalks on the main road.
Bill Luster noted that there are two points here: one is vertical granite curbing which is costly for a lengthy road and they agreed to that early on, and since then they have given up units in the process in expectation of the project that they are building. He also noted that they do not think that this is as imperative in this case and also noted the size of the mitigation package that they agreed to. Atty. McGrail stated that this affects the financial feasibility of the project and noted that most of the mitigation that has been given is positive because it effects the residents or the city. He also noted that this has not been contemplated and has come up at the last minute.
Dan Merhalski noted that the mitigation package was negotiated up until three o’clock this afternoon. He also noted that the sidewalk issue came up three months ago and there was no intent to have a serious issue such as this derail the project at the last minute.
Bill Luster explained that on March 1st they discussed the $258,000 mitigation package and the inclusion of the concrete sidewalks they were not expecting. He reiterated that they cannot accept that.
Pam Lombardini noted that they have agreed to use concrete from Marlborough Road into the development and she feels that is a good compromise.
Christine Sullivan stated that she is opposed to the bituminous sidewalks noting that it will make for a much better looking subdivision and it would be better for marketing purposes. She stated that she is going to support the concrete.
Tim Kavanagh stated that he agrees with Pam on the continuation of the sidewalk into the development to the first house as long as the sidewalks are the same throughout the development.
Walter Power asked for a clarification of the area on Marlborough Road and the location of the first house. Bill Luster explained the plans.
Beth Rennard addressed the Board and noted that the Mayor’s position is that this is such a significant development that we continue the work that we’ve done. She noted that the rising cost of asphalt sidewalks makes the cost close to concrete sidewalks. She noted that this is a high end development and the concrete sidewalks would add to that.
Atty. McGrail stated that he respects the city solicitor and noted her hard work on this decision but they disagree about the sidewalks.
Walter Power opened the hearing up for public comment at this time.
Roger Leger of 64 Marlborough Road addressed the Board and stated that he thinks that the Board should stick with concrete sidewalks. He also expressed concern about dust in the neighborhood from the DiBiase project noting that more dirt was dumped there recently. Atty. McGrail agreed to talk to his client about that and have them take care of it.
Mike Dennedy of Orleans Avenue asked who agreed to all of the conditions of the decision. Walter Power explained that it is based on the discussions of the last two years. Mr. Dennedy noted that the new application was filed in January. Walter Power explained that the Board has standard conditions and they add to those.
Beth Rennard asked that the Board go back to the time frame issue and noted that the Mayor had discussions on this and suggested that 8 years is a long time and suggested no more than six years with the language suggested by Atty. McGrail. Atty. McGrail stated that they could agree to that.
Bill Luster noted that a 130 lot subdivision could not possibly be completed in two years.
Christine Sullivan stated that she understands the need for six years and explained her feelings. She stated that she does not want to jeopardize the financing.
Gene Collins stated that he resents the fact that this is coming up at this time after the Board spent so much time on this project.
Councilor O’Leary stated that this project was only filed in January. He asked if the Board is going to vote on the whole project and questioned if they were going to approve this in phases. He noted that the Conservation Commission only approved one phase of the project.
Walter Power stated that it is not feasible for the board to approve this in phases and noted financing issues.
Councilor O’Leary stated that he agrees with the Mayor on the concrete sidewalks.
Mr. Dennedy asked if there would be any work done on weekends. Dan Merhalski stated that they can work on Saturday but not Sundays, per the city’s Ordinance.
There being no further questions or comments regarding this matter a motion was made by John Moustakis to close the public hearing, seconded by Christine Sullivan and approved unanimously.
Walter Power called for a motion on the sidewalks.
Christine Sullivan made a motion to require concrete sidewalks throughout the development, seconded by John Moustakis.
Gene Collins stated that this should have been negotiated prior to this noting that the Board serves at the pleasure of the Mayor and he feels that this is embarrassing. He also noted that he resents having representatives of the Mayor coming in at the 11th hour to address this. He also noted there was a lot of money on the table during the negotiations and this issue should have been addressed at this time.
Tim Ready asked Atty. McGrail if the plans have contained references to asphalt sidewalks since day one. Atty. McGrail stated that it is correct and explained that this showed up in revision of the proposal from the administration. Tim Ready noted that they have agreed to extend the concrete sidewalks on Marlborough Road for 200 feet into the development.
Christine Sulivan stated that she understands where they are coming from but noted that she does not think that the bituminous sidewalks are good. She noted that this could be the last major development in the city and will make a statement about what Salem is and she still thinks concrete sidewalks will make them money and it is the right thing to do for the city.
Atty. McGrail stated that he understands her point.
Walter Power called for a vote on the motion. The motion failed.
Walter Power called for a motion to require concrete into the development for 200 feet and bituminous sidewalks throughout the development.
Pam Lombardini moved to require concrete into the development for 200 feet and bituminous sidewalks throughout the development, seconded by Tim Kavanagh. The motion carried unanimously.
Pam Lombardini moved that the approval of the project will be good for 7 years, seconded by Christine Sullivan and approved unanimously.
John Moustakis moved to approve the decision for Osborne Hill Realty Trust as amended, seconded by Christine Sullivan. The motion carried unanimously.
Form A – Approval Not Required – 36 Forest Street/19 Hershey Street (Map 33, Lot 35) – Zbigniew Kantorosinski
Dan Merhalski explained that this item was not on the agenda but they are hearing it this evening because if we don’t it will be approved automatically. He explained that the lot is behind Dunkin Donuts and Bagel World and meets all the standards of a Form A.
Christine Sullivan moved approval, seconded by Pam Lombardini. The motion carried (9-0).
Public Hearing – Site Plan Amendment – 7-17 Thomas Circle (Map 8, Lots 20,21,22) – Tony Tiro
Scott Petrowicz addressed the Board on behalf of his client Tony Tiro who is the new owner of the property located at 7-17 Thomas Circle. He explained that there was a grievance with the neighbors.
He noted that they will be locating two utility poles and noted the location on the plan. The other change involves a water line and noted that after discussion with the City Engineer they need to install a water main inside the Thomas Circle roadway area and noted that they will continue to address the issues involved noting that there are several homes that need water connections. He explained the location of the water main.
John Moustakis noted that the original approval of the project included the water main in the ground. Mr. Tiro explained that after speaking with the neighbors he decided to add the street lights to those poles. John Moustakis noted that the board usually requires underground utilities.
Chuck Puleo asked if the project includes sidewalks. Mr. Petrowicz noted that there were no sidewalks in this project.
Dick Williams addressed the Board and noted that he had some concerns about the project but they have been alleviated.
Susan Howland addressed the Board and stated that Mr. Tiro has determinied that they will still be able to do their work and still maintain the quality of the neighborhood and she is grateful for that.
There being no further questions or comments regarding this matter a motion was made by Christine Sullivan to close the public hearing, seconded by Pam Lombardini and approved unanimously.
Christine Sullivan moved to approve the site plan amendment for 7-17 Thomas Circle, seconded by Chuck Puleo and approved (9-0).
Release of Funds – Green Dolphin Village Phase IV/Whalers Lane – Fafard Companies
Christine Sullivan suggested that if they have not completed the job then the funds should not be released.
Walter Power explained the work that was done and stated that he feels that the Board should withhold some of the money to get something done.
Christine Sullivan moved to continue the matter to September 7, 2006, seconded by Pam Lombardini and approved (9-0)
Public Hearing – Site Plan Amendment – 309 Highland Avenue – Stutz Volvo (Map 8, Lot 139)
Walter Power suggested that the Board postpone this matter as the hour is late (11:30 p.m.) City Solicitor Beth Rennard addressed the Board and stated that she is ready to move on this and Board members agreed to hear what they have to offer.
Atty. Jack Keilty addressed the Board and explained that this matter was before the Board several years ago and explained that they took an appeal on the decision of the Planning Board. He explained that they proposed to remove the barb wire and install some planters. He explained the site and proposed that they could put planters every 10 feet with 2 ½ foot barrels. He explained the history of the site.
Walter Power asked for a clarification of the proposal. Atty. Keilty explained that they are proposing the whiskey barrel planters with plants. He noted that the Jersey barriers and the fence will remain and they will remove the barb wire. He noted that they feel that they will be able to get larger barrels and have looked into that.
Mrs. Theophilopoulos addressed the Board and expressed her concern that the Board approved one thing and the applicant did something completely different. She stated that she would rather have them keep with the approved plan. Walter Power explained that the matter went to court and it has been suggested that the Board look at an alternative. Mrs. Theophilopoulos explained her understanding of the plan that it was approved and a discussion was held. Walter Power explained again that the court has asked them to come to an agreement on this.
Mr. Theophilopoulos stated that he disagrees with what the Board is doing and suggested that they have a legitimate issue with their abutters.
Pam Lombardini explained that the City Solicitor is going to court again and she needs a decision. Beth Rennard explained that the issue is the jersey barriers and the fence.
Christine Sullivan suggested that they should all sit down and try to work it out.
Walter Power noted that the Board was under the impression that the street was a public way and it turned out that it was not a public way and the Board is limited as to what they can do.
Chuck Puleo suggested that they use a concrete type planter as opposed to the barrel type planter. It was noted that they need to plow and the barrel planters would be better. Chuck Puleo stated that he would like to see something there that would be durable.
Tim Ready stated the Theophilopoulos’s have been in business in this community and he agrees that the information presented is convoluted and he would like to see what the original discussions were when it was originally presented.
Mrs. Theophilopoulos addressed the Board and stated that she does not understand why this is being done.
Pam Lombardini moved to close the public hearing, seconded by Christine Sullivan and approved (9-0).
Tim Ready addressed the Board and noted that since this decision was made before his tenure and he does not really understand it he will be abstaining from this matter.
There being no further questions or comments regarding this matter a motion was made by Gene Collins to approve the recommendation presented by the applicant, seconded by Pam Lombardini and approved (8-0-1) with Tim Ready abstaining.
Adjournment
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 Gene Collins and approved.
The meeting was adjourned at 12:45 a.m.
Respectfully submitted by:
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Eileen M. Sacco, Clerk
Salem Planning Board
PB072006
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