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Minutes, Special Meeting 07/27/2006
Salem Planning Board
Minutes of Special Meeting
Thursday, July 27, 2006

A regular meeting of the Salem Planning Board was held on Thursday, July 27, 2006 in the third floor conference room at 120 Washington Street, Salem, Massachusetts at 7:00 p.m.

Those present were: Walter Power, Paul Durand, Chuck Puleo, Gene Collins, Tim Kavanagh, John Moustakis, Pam Lombardini, and Tim Ready. Also present was Staff Planner Dan Merhalski.

Members Absent: Christine Sullivan.

Public Hearing – Planned Unit Development Special Permit and Site Plan Review – Salem Lafayette Development – 135 Lafayette Street – Former St. Joseph’s Church Site

Walter Power introduced Mayor Driscoll to address the Planning Board.  She noted that a key part of this development includes a Community Life Center for the use of the city on the first floor as well as city offices.  She described the project and noted that several meetings were held over the last several months.  She also explained that this developer is committed to improving housing stock and affordable housing.  She noted that she has been very impressed with their approach.

Mayor Driscoll explained the concept of the Community Life Center that will serve as a place for all neighborhoods in Salem as well as the Senior Center.  She noted that the goal is to promote and better develop the current programs that we have.  She noted that there is a real need to continue the programs that we have as well as provide new programs.  She explained that the concept is that the Seniors will use the building from 8-4 and at other times as well, while other groups could use it in the evening.

Mayor Driscoll explained that the housing will be in the upper stories of the buildings.  She noted that she recognizes that a lot of units are planned and explained the percentages that will be market rate and affordable housing. She noted that the key to this project is that it is a neighborhood revitalization effort.  She noted that people want to be involved in the neighborhood and have come forward since the incident in the point area on July 4th.  She stated that she sees a real opportunity here to do something positive for the neighborhood.   

Mayor Driscoll explained that there will be offsite improvements as well as noting that the Mill Hill intersection needs to be looked at as it is one of the worst in the city.  She also noted that parking will be addressed as well.  She stated that she feels that this is an opportunity to grab hold of the reins on what is going on in that neighborhood.  

Mayor Driscoll concluded noting that she has another commitment this evening but she would be glad to come back to address issues and concerns at another time.

Joe Correnti addressed the Board and explained the project to the Board.  He noted that they would be brief to allow for as much public comment as possible.  He introduced the development team for the project.  He noted that they have a lot of experience in developing former church sites in Boston and on the North Shore.

Atty. Correnti explained the process that has been ongoing for almost a year.  He explained that they were selected to develop the property last year and have been planning and studying it ever since.  He noted that they feel that they can address a lot of issues with this project.

Lisa Alberghini of the Planning Office for Urban Affairs addressed the Board and explained the plans as well as some other projects that they have completed.  She noted that their primary mission is to develop very high quality housing.  She noted that they are committed to working with neighborhoods.  She explained other developments that they have done in the Boston area.

Ms. Alberghini explained how they arrived at the plan for the St. Joseph’s site.  She noted that they plan for 97 units of housing.  She noted that the 18,000 s.f. Community Life Center on the first floor and 145 parking spaces are also planned.

David Armitage addressed the Board and noted that they used the reuse study that was done by the city and explained the process they used to determine their project.  He explained the history and the use of the site.  He reviewed the full build out of the site and explained locations in the neighborhood.  He noted that the footprint of the proposed buildings covers 30% less of the site than the original buildings.  He noted that the proposal for the site is to remove the church and noted that the new building is actually shorter than what is there now.  He noted that they will maintain the school building and the rectory as well as construct a new building.  He noted that there will be 110 surface parking spaces and 35 below grade parking spaces.  He reviewed the site as it currently exists.

Ms. Alberghini explained the elevations of the site and the details of the buildings.  

Thomas Stokes addressed the Board and explained that the major asset of the project is that it is located in an urban location and noted that they try to make the most of the assets in the neighborhood when planning a project.  He noted that he has been to the site several times and looked at transportation issues noting it is in a MBTA line and close to the downtown.  He explained the locations of the train depot in relation to the site and the locations of sidewalks along the way.  He also noted that there is bus service on the route.  Mr. Stokes reviewed the proposed traffic from the project and explained the traffic counts that they have done for their traffic study.  Mr. Stokes reviewed the parking for the site.  He noted the locations of the curb cuts on the plan.  He explained that there will be one space per unit for the residential units and 30 spaces provided for rental or second spaces for the residential units.  He also noted that there are 48 spaces that would be available during the day for the use of the Community Life Center.

Walter Power opened the hearing up for public comment at this time.

Councilor Tom Furey addressed the Board and expressed his support for the project.  He noted that he has been an outspoken advocate for a Senior Center in the downtown for years.  He noted that while the size of the project may be controversial it is a once in a lifetime opportunity for Salem.

Jean Martin addressed the Board and noted that she has been an activist for years and expressed her concerns about the project.  She noted the various low income developments underway now in the point area.  She also noted that there are historic concerns.  She also noted that there are a lot of little landmark areas in the point and there is no need for anymore housing there. She also noted that the French Canadian residents built that church and she feels that there are other avenues to keep the building.

Philip Sorez addressed the Board and noted that the archdiocese closed St. Alphonsus in Danvers and expressed his concerns about parking issues.  He also noted that there is a statue that is buried along with other statues on the site and an archeological study should be done on the site.

Anna Delamonica addressed the Board and stated that she was the organist at St. Joseph’s church for 24 years.  She read a prepared statement to the Board.  She expressed her concerns about the church being demolished and noted that she is opposed to that.

Walter Power stated that he understood her feelings about that but the developer owns the property now and the Board has to determine if the project is right.  He noted that the Board has no control over whether they demolish the church or not.
Ms. Dellamonica noted that the church belongs to the people who built it and it should be left there.

Kerry?? addressed the Board and expressed her concerns about the project.  She noted that she is concerned about the height of the building.  She also noted that she would like to know what the guarantee is that they will sell the market rate units.  She also noted that she does not feel that there is nearly enough parking for the proposal.  She questioned what this was really going to cost the city in terms of educating children and police and fire services.

Wayne Smith addressed the Board and expressed his concerns about crime in the area.  He noted that he has lived in Salem all his life and bought his home here.  He expressed concerns about the size of the project and asked that they tone it down and make the project smaller.  He also noted that the traffic in the area is bad noting that Salem State College is at the end of the street.

Mr. Norscott of Lafayette Street addressed the Board and asked if there would be any improvements to the park across the street.  Ms. Alberghini addressed the question and stated that they would be making some improvements to the park and noted that they believe that it can be a terrific place.  She noted that they would work with the city on that.

Lynn Duncan noted that the city has community development block grant money that could be spent on the park.  She noted that there is also some funding for traffic improvements which will be talked about at another meeting.  

Doug Sabin addressed the Board and expressed his concerns about the proposed Community Life Center.  He noted that he goes to the senior center on Broad Street and noted that he does not know anyone who uses the senior center now that want to go down to Lafayette Street.  He noted that it is a high crime area and stated that he feels that there is no reason to move the senior center from where it is now.

Leonette Strout addressed the Board and expressed her support for the project.  She noted that she feels that this is a very positive step for Salem.  

Lynn Duncan addressed the Board and explained that the Planning Department worked with a lot of groups in terms of developing a housing plan and the need for affordable housing was evident.  She noted there is a need for affordable housing in the community and people have been asking for that since she has been here.  She noted that this is one of the few developments that she has seen that provides that.

There being no further questions or comments regarding this matter this evening, Pam Lombardini moved to continue the public hearing to August 3, 2006, seconded by Tim Ready and approved (8-0).

Discussion on Recommendation to City Council on the Drive Through Zoning Amendment

Walter Power stated that he would like to review the recommendation and have members think about it and make a formal recommendation to the Council next week.

Walter Power stated that the amendment calls for the Planning Board to be the special permit granting authority for the drive through permits.  He stated that the Board has the expertise for that and noted that there are 9 locations in the city with drive through locations and reviewed the list.  He noted that those locations went through site plan review and the Board gave them a lot of thought.

John Moustakis expressed concern about two drive through establishments being located next to each other.  He noted McDonald’s, Burger King and Taco Bell all have drive through’s but it works because of the set up and shopping center atmosphere.

Lynn Duncan urged the Board to keep in mind that a special permit is not a right and the Board has the ability to use discretion and deny the permit if they feel that is the right thing to do.

Paul Durand stated that it takes judgment noting that the Board was opposed to the proposed drive through at the corner of Marlborough Road.  He noted that you can’t foresee the future and agreed that the Board should be the special permit granting authority.   He stressed that each situation should be looked at on its own merit and the Board has the authority to deny.

Walter Power noted that in overlay districts the Board has jurisdiction over 2,000 s.f. and noted that the Dunkin Donuts on Highland Avenue is 1957 s.f.  He noted that having to come to the Board for a special permit for the drive though would give the Board some say in those matters.

A discussion was held on the drive through at Bagel World on Canal Street and the traffic.  

Tim Kavanagh noted that a special permit must be granted if the criteria is met.  He suggested that the only thing that the Board can fall back on is that if they meet the level of service it should be granted.  He also noted that 200 feet between curb cuts is another thing that should be identified.  He suggested that there should be language for that to be properly waived if needed.  He suggested that Beth Rennard should review this.  Ms. Duncan noted that Mrs. Rennard has reviewed this.  She suggested that there should be some language addressing that in 4.1 or 4.2.  Tim Kavanagh noted that there should be language that is clear regarding mitigation and the approval of the drive through.

Gene Collins asked if there is language that allows the Board to sufficiently deny a project noting a PUD approval.

Walter Power noted that the NRCC zoning does not permit drive throughs and recommended that any approval should be part of the overall design of the site noting the site at the corner of Bridge and Boston Street.  Lynn Duncan noted that she did not think that they could specify a site and noted that that may be the only site in the NRCC that would be affected or would work.

Tim Kavanagh stated that he is also concerned about the decibel levels of the speakers at the drive throughs as suggested by Councilor Blair at the Council meeting.  He suggested that it should be addressed.  He noted that in Hampton at McDonalds there is a sign that says that they cannot speak to you and instructs people to place their order.  He noted that it is interesting and questioned the value of doing that.  Gene Collins noted that noise issues are under the jurisdiction of the Board of Health.

A discussion was held on allowable decibel levels and how much they can increase.  Gene Collins noted that the Board of Health regulates street noise.  Lynn Duncan suggested that she talk to Joanne Scott to see if she has any suggestions on dealing with that.

Walter Power suggested that there should be a renewal condition in the permit that would call for problems to be fixed before it is renewed.  Tim Kavanagh cautioned that a renewal clause would have effects on the developers to finance their projects and that would have to be looked at carefully.  Lynn Duncan noted that if there is a violation then the zoning enforcement officer would have to address that and see that it comes into compliance.

Walter Power asked if there could be a clause that the applicant should review the commercial design guidelines.  

Tim Kavanagh suggested that we check with other communities on how they deal with these tough issues.  He noted that he did not think that we should leave ourselves open to having to go to court and having that information ahead of time may be beneficial.  

Gene Collins suggested that there should be some discretion left to the type of project noting that there are some site specific discussions that should be held noting that there may be some drive through’s that would work in some instances.  He also noted that he likes the language regarding fast food and “drive through – other” and stated that it accomplishes what we want.

Tim Kavanagh noted that there may be circumstances that the Board would want to require more stacking spaces and that should be considered.  Lynn Duncan suggested language that would suggest that they may need to meet more than the required minimum.  

Tim Kavanagh noted that there is a list of other types of businesses not included.  He noted that quick oil change facilities maybe should be included.  Gene Collins stated that he thinks it is kind of a stretch to include oil change facilities although the one on North Street is a drive through.  

Dan Merhalski said he would make the suggested changes in the draft and get them to the members before the next meeting.  

Old / New Business

Chuck Puleo noted that he took a ride through Fafard and has concerns that the stone that they placed on the path to the open area has washed away.  Gene Collins suggested that we have them come in to address the issues before the Board releases the money.  Lynn Duncan noted that a bond is typically for the completion of the roadway and questioned if these issues were tied in.  Chuck Puleo explained that the Board made these requested during the approval process and they should be held to it.  Dan Merhalski said he would talk to the developer and make him aware of the concerns of the Board.

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 (8-0).

The meeting was adjourned at 10:00 p.m.

Respectfully submitted by:

__________________________
Eileen M. Sacco, Clerk
Salem Planning Board
PB072606