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Minutes 10/19/2006
Salem Planning Board
Minutes of Meeting
Thursday, October 19, 2006

A regular meeting of the Salem Planning Board was held on Thursday, October 19, 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, Tim Ready, Pam Lombardini and Nadine Hanscom. Also present were City Planner Lynn Duncan and Staff Planner Dan Merhalski.

Members Absent: None

Continuation of Public Hearing - Site Plan Review - SSSD, LLC - 401 Bridge Street and 44 Boston Street (Map 15, Lot 305 and Map 2, Lot 74) – Joseph Correnti

Joseph Correnti gave a brief presentation regarding the project site and the traffic concerns.

Harry Gunderson, the project’s Architect, addressed the Board and spoke about the sidewalks and the pedestrian walkway underneath the building awning on Bridge Street, as well as the building’s exterior design.

Walter Power opened the public hearing at this time.

David Hart of 104 Federal Street addressed the Board and spoke in favor of the project and the way that the developer has worked with the Federal Street Neighborhood Association.

Martin Imm of 174 Federal Street addressed the Board and also spoke in favor of the project. He noted that the developer has worked with the neighbors and that after two years of meetings he and the Neighborhood Association are happy to support the project and they urge a quick passage through the permitting process.

Rita Markunas 192 Federal Street addressed the board and asked about any environmental work that has been done on the site.

Atty. Correnti replied that there are a couple of hot spots on the site but that the site will be well within the Activity and Use Limitations imposed by the DEP. He stated that the developer will have a Licensed Site Professional on the site during construction.

There being no further members of the public who wished to speak on the project, a motion was made by John Moustakis, seconded by Christine Sullivan, to continue the Public Hearing until the Board’s regularly scheduled meeting on Thursday, November 2, 2006 at 7:00 pm. The motion passed unanimously (9-0).

Continuation of Public Hearing – Site Plan Review and Wetlands and Flood Hazard Special Permit – David Jalbert – 75 North Street (Map 26, Lot 58) – Richard Griffin

Richard Griffen addressed the Board and gave a brief presentation of the updated information for the site. He explained that the wetlands information requested by the city had been turned in and that the Conservation Commission had approved the site plan.

Walter Power opened the Public Hearing at this time.

There being no members of the public who wanted to speak on the matter, A motion was made by Gene Collins to close the Public Hearing, seconded by Christine Sullivan and passed unanimously (9-0).

A motion was made by Gene Collins to approve the Wetlands and Flood Hazard Special permit, seconded by Christine Sullivan, and unanimously approved (9-0).

Continuation of Public Hearing  - Site Plan Review and Planned Unit Development Special Permit - Old Salem Jail Ventures, LLC - 50 St. Peter Street (Map 35, Lot 179) - Joseph Correnti

Joseph Corrneti addressed the Board and gave a presentation on the site plan for the former Salem Jail complex located at 50 St. Peter Street. He explained that the site would be renovated to include a restaurant, museum exhibit for the jail, artist live/work space, and a total of twenty-nine (29) residential condominiums with eight (8) of the units part of a newly constructed building. He explained the traffic circulation on the site and that the site would include thirty-seven (37) on-site parking spaces for the residential units. The parking for the restaurant would be off-site and is anticipated to be mainly utilizing the city’s parking structure and lots near the site at Museum Place Mall and the former Almay’s lot.

Penn Lindsey of New Boston Ventures, the developer for the site, addressed the Board and explained that he had been selected by the Salem Redevelopment Authority(SRA) to develop the site and that they had been working with the SRA for quite some time and are still working with them to develop the site. The site is still currently owned by the City of Salem, but is under agreement to be purchased around the end of the year.

Walter Power asked if a site visit was possible for the project. Mr. Lindsey agreed that they could schedule a site visit. Mr. Power asked the board for dates/times for the site visit. It was agreed with the developer that the site visit would be held on Saturday, November 4, 2006 at 9:00 am at 50 St. Peter Street and that the public would be welcome to join the Planning Board, but to keep in mind that the site visit would only be conducted outdoors as it is not yet safe to go into all of the buildings on the site for structural reasons.

At this time Walter Power opened the public hearing.

Barbara Cleary of Historic Salem, Inc. addressed the Board and stated that she was in favor of the development. She asked if the Board was aware that the Massachusetts Historic Commission has an Historic Easement on the site’s exterior. She also asked if the Board had received the information that had been provided to the Design Review Board (DRB).

Christine Sullivan said that she believed that the Board should have all documentation from the other Boards of the city when a project is before them that is being reviewed by the other Boards, including the detailed comments of the DRB regarding the site.

Dan Merhalski said that he had submitted to the Board the information required in the application and submitted by the applicant, but that the materials submitted to the DRB were not required by the application or the City Ordinance to be submitted to the Planning Board in this meeting. He also stated that he would get the Board the information that they have requested, but that it is not always possible, nor topical, for the Board to receive all of the information an applicant submits to all of the other Boards as the Planning Board has its jurisdiction and the other Boards have their own jurisdiction. He further said that the various Boards require different information in their applications and that some of it may not be germane to the discussions of the Planning Board, but that he would contact Tania Hartford, the city staff person for the DRB and the SRA, and would ask her for the requested information.

Ed Moskoski of 12 Clark Street said that he liked the developers proposed granite-like material on the new building for the site.

There being no other members of the public who wished to speak on this project, a motion was made by Pam Lombardini, seconded by Christine Sullivan, to continue the Public Hearing to the November 2, 2006 regular meeting at 7:00 pm. The motion passed unanimously (9-0).

Public Hearing Definitive Subdivision and Cluster Residential Development Special Permit– Chapel Hill LLC – Clark Avenue (Map 6, Lots 6,7,8) – Atty. John Keilty

Atty. John Keilty, representing the applicant, addressed the Board and gave a presentation on the project to develop thirty-seven (37) single-family homes with lots ranging from 6,700 sq.ft. to 9,500 sq.ft. as part of a Cluster Subdivision. The site consists of approximately sixteen (16) acres  of land. He stated that approximately 54% of the site, or eight (8) acres of land, would be preserved as Open Space, meeting the requirements of the City of Salem ordinance for Cluster Subdivisions. He further stated that the proposed roadways would include a cu;-de-sac that would connect up with the city’s adjacent land-locked parcel, giving the public access to this land. He also noted that his client has agreed to the peer review services requested by the City for the site.

Gene Collins asked the developer if there was any affordable housing proposed for this development?

Mr. Keilty stated that all the residential sites were to be market-rate units.

Christine Sullivan asked how many units the developer could build by-right?

Jack Keilty stated that they could build thirty-one (31) lots by-right.

Walter Power stated that the Planning Board needed to know for certain how many units the developer could build by-right to determine the amount of mitigation and the impact versus a Cluster Special Permit.

Walter Power asked what the status of the site was relative to the Fire Department’s approval of the plans.

Atty. Keilty stated that they had received a letter from the Fire Dept. and that they were planning a meeting with the Fire Prevention Officer regarding the potential of a second access point for the subdivision, but that the City-owned land adjacent to the site prohibits any kind of development of a roadway and that the site is surrounded by privately-owned land. The idea of sprinklered houses has been suggested, but that the developer had wanted to look into the issues with regard to the cost at about $15,000/unit and the effects of accidental activation of the system leading to a large amount of water damage, but they would look more closely into it.

Walter Power asked if there was any possibility of a double-laned entrance to the site similar to that proposed at Osborne Hills.

Mr. Keilty explained that they are limited in terms of their frontage and the area needed for their stormwater facilities as to how much space they have available to build such a road.

Mr. Keilty also stated that the limited amount of access sites due to the topography limits the possibility of a second means of access to the site due to grades and wetlands.

Chuck Puleo asked if there was a possibility that the developer could use a dry fire suppression system for the site’s homes?

Mr. Keilty said that he would look into that option.

John MacDonald of Eastern Land Surveyors, representing the applicant, spoke about the drainage and stormwater retention systems for the site.

John Moustakis asked what the size of the detention areas would be for the site.

Mr. MacDonald gave approximate sizes for the stormwater detention basins and that they would be approximately 4-6 feet deep during peak storm events including a 100-year storm and would be able to drain fully within about 24 hours.

Christine Sullivan asked what the useable open space for the site is given the wetlands, grades and detention basins?

Mr. Keilty explained that the analysis of the Open Space area included the grades and wetlands and that the area of useable open space included those features.

Dan Merhalski stated that the amounts of useable open space did meet the requirements of the ordinance, but that the applicant’s analysis did not account for the addition of the detention basins. He asked the developer to provide updated numbers for the Open Space to be submitted to the Planning Department for review and verification and to have the new numbers reflect the loss of useable Open Space land with the addition of the detention basins.

At this time Walter Power opened the public hearing.

Eileen Rigato of 13 Clark Avenue presented the Board with a petition opposed to the granting of a special permit signed by 81 residents.

Dave Colpits of 18 Clark Avenue addressed the Board and gave a presentation on behalf of the residents of the area regarding the site’s history and the amount of units that can be legally built according to the Land Court deed. He stated that he had researched the deed and that there were only 11 lots allowed on the site, but that with current zoning and division of the land the developer could build around 16 lots. He stated that he and the neighbors are not against the development, but that they are against the Cluster Special Permit being issued to give the developer more units than the 11-16 that they can build by-right.

Tony Brooks of 7 Clark Avenue addressed the Board and spoke against the project. He urged the Planning Board to visit the neighborhood and see that the road was too small to handle the traffic coming out of the development if it is built.

Gale Fialo of 40 Clark Street addressed the Board and spoke against the project. She stated that she had been fined by the Conservation Commission for filling land near the wetlands and that to protect the wetlands she is going to have to replicate the area she filled. She said that if she had to do this, why should the developer be allowed to make an even larger impact on the wetlands with this development.

Phillip Potvan of 2 Barnes Avenue addressed the Board and stated that he is opposed to the project because of the traffic that it would generate. He also said that the maintenance of the stormwater areas would be the responsibility of the city and that the city is broke and cannot afford to have to maintain these systems.

Mr. Petrussi of 5 Wyman Drive addressed the Board and spoke against the project because the amount of blasting would be harmful to the residents.

Lorraine Gagne of 42 Clark Street spoke against the project because it would negatively impact the wildlife of this pristine area including wild turkeys.

Sandra Tram of 21 Clark Avenue addressed the Board and stated that she is right next to the development and that they would loose a lot of their view and their backyard.

Ward Three Councilor Jean Pelletier addressed the Board and stated that the developer should do a traffic analysis and that it should be peer reviewed for the site. He said that the drainage and the number of units should also be peer reviewed for the site.

At this time Walter Power closed the public hearing and asked for a motion to continue the Public Hearing.

Pam Lombardini made a motion to continue the Public Hearing until the November 16, 2006 Planning Board meeting at 7:00 pm., seconded by Christine Sullivan, and unanimously approved (9-0).

At this time Gene Collins left the meeting.

Form A Application For Endorsement of Plan Believed Not to Require Approval – 6 Cedarhill Road (Map 21, Lot 76) and 12 Cedarcrest Road (Map 21, Lot 77) — Bryan Winter

Dan Merhalski addressed the Board and explained the plot plan for this Form A application for Approval Not Required. He stated that it meets the frontage and lot size requirements for the zoning district and that it has adequate access on a public way. He said that the plan therefore meets all of the requirements for approval under the state statute.

A motion was made by Chuck Puleo, seconded by Pam Lombardini and approved unanimously to approve the Form A application (8-0).

Approval of Minutes

The minutes of the Planning Board Special meetings held on July 27, 2006 and August 3, 2006 were presented for approval.

Pam Lombardini moved to approve the minutes of the July 27, 2006 and August 3, 2006 Planning Board Special meetings, seconded by Chuck Puleo and approved (8-0).

The Board agreed to continue the rest of the minutes until the next Planning Board meeting on November 2, 2006.

Adjournment

There being no further business to come before the Planning Board this evening a motion was made by Pam Lombardini to adjourn the meeting, seconded by John Moustakis and approved (8-0).

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

Respectfully submitted by:

__________________________
Daniel J. Merhalski, Staff Planner
Salem Planning Board