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Minutes 05/17/2007
                                                    Salem Planning Board
                                                     Minutes of Meeting
                                                        May 17, 2007


A regular meeting of the Salem Planning Board was held on Thursday, May 17, 2007, in the third floor conference room at 120 Washington Street, Salem, Massachusetts at 7:00 p.m.

Those present were: Walter Power, John Moustakis, Gene Collins, Tim Kavanagh, Chuck Puleo, Pam Lombardini, Nadine Hanscom, Christine Sullivan and Tim Ready. Also present were City Planner, Lynn Duncan, and Ian Fullerton, Clerk.


Approval of minutes

The minutes for the April 5th, 2007 Planning Board meeting were reviewed.

Mr. Power suggested a correction on page 2.

There being no further questions or comments regarding this matter, a motion was made by Mr. Kavanagh to approve the amended minutes, seconded by Mr. Puleo, and approved (9-0).

The minutes for April 19th, 2007 Planning Board meeting were reviewed.

There being no questions or comments regarding the matter, a motion was made by Mr. Puleo to approve the minutes, seconded by Ms. Hanscom, and approved (9-0).


Continuation of public hearing - Request to Amend Site Plan Review Decision - Stutz Volvo - 309 Highland Ave. (Map 8, Lot 0139) - City Solicitor Beth Rennard

Ms. Rennard addressed the Planning Board in regard to a Request to Amend a Site Plan Review Decision for 309 Highland Ave. (Map 8, Lot 0139). Ms. Rennard stated that the amended decision was to remove the barbed wire and to install planter barrels along the Jersey barriers. She stated that the two parties had met to discuss a compromise on this issue, and it had been decided that the barbed wire would be removed and the chain link fence would be replaced by a black vinyl chain link. She suggested that the decision be subject to further amendments.

Ms. Duncan recommended that the developers install trees along the barrier, citing that shrubs and planters were difficult to maintain and did not provide adequate cover.

Ms. Rennard stated that Attorney Keilty was running late due to an illness in his family. She stated that the original plan, which included a sloped island and a 350 foot long black chain link fence, would require a budget ranging between $20,000 and $35,000.

Mr. Collins suggested that the public hearing be postponed until Mr. Keilty was present. Attorney Arthur Goldberg suggested that the public hearing be continued until the next meeting.

There being no further questions or comments regarding the matter at this time, a motion was made by Ms. Lombardini to continue the public hearing on May 31st, 2007, seconded by Mr. Collins, and approved (9-0).


Request to Continue Public Hearing - Amendment to Previously Approved Subdivision Plan - Leggs Hill Road (Map 30, Lot 0083) - Attorney George Atkins, Chris Novak, PE

Mr. Novak provided a correspondence requesting a continuation of the public hearing.

There being no questions or comments regarding the matter at this time, a motion was made by Ms. Hanscom to continue the public hearing on July 21st, 2007, seconded by Ms. Sullivan, and approved (9-0).


Request for Insignificant Change to Signage - Site Plan Review - Beverly National Bank, 6 Paradise Road ( Map 20, Lot 0005) - Attorney George Atkins

Mr. Atkins, representing Beverly National Bank, addressed the Planning Board in regard to a Request for an Insignificant Change to Signage for a Site Plan Review for 6 Paradise Road ( Map 20, Lot 0005). Mr. Atkins noted that the original decision was made by the Planning Board in December of 2006. He stated that the developers wished to decrease the size and location of the signage on the property. Mr. Atkins noted that all of the signage met the co-signage code and did not require variances.

Ward 7 City Councilor Joseph A. O’Keefe Sr. asked if the signs would be turned off at night. Mr. Atkins stated that the signs would be turned off at night.

There being no further questions or comments regarding the matter, a motion was made by Mr. Puleo to accept the Insignificant Change to Signage, seconded by Mr. Collins, and approved (9-0).


Public Hearing - Site Plan Review Special Permit - 275-281 Essex Street - former C.F. Tompkins Building (Map 267 Lot 0447) - Attorney George Atkins, Jeffery Holloran

Mr. Atkins, representing Tompkins Furniture, addressed the Planning Board in regard to a Site Plan Review Special Permit for 275-281 Essex Street (Map 267 Lot 0447). Mr. Atkins stated that the concept of the project was the rehabilitation of the C.F. Tompkins building to serve as a mixed-use condominium, consisting of three retail units and two residential units on the first floor, and eighteen residential units on the top three floors. Mr. Atkins stated that an engineering study for the rehabilitation of the building had been recently commissioned by the applicant. He noted that the developers had appeared before the Salem Redevelopment Authority with a schematic design application, which had been approved by the Design Review Board and the RDA. He stated that DRB had commented on several aspects related to the appearance of the building, including a request that the developers remain as historically accurate as possible regarding the brickwork. He stated that they had also focused particularly on the four storefronts of the building, noting that they had changed significantly over the years.

Mr. Atkins then addressed the parking issue, noting that zoning ordinances allow a rehabilitated building in a B5 zone to use municipal parking facilities. He added that a provisional zoning ordinance required that any new housing be accommodated for by provision in the annual pass-system associated with the city parking garage. Mr. Atkins suggested that a provision be inserted into the condominium document stating the requirements related to the distribution of parking passes. He noted that he had spoken with the City Planner in regard to developing the language for that particular approach. Mr. Atkins added that this particular project was being designing for a pricing level which may attract buyers who might not own cars. He noted that this development would not put pressure on the school system, while increasing sales revenue in the downtown area, citing a downtown marketing study done by the SRA.

Mr. Collins asked if any of the residential units were being designated for affordable housing. Mr. Atkins stated that none of the units were being considered for affordable housing, citing narrow profit margins.

Keith Musinski, architect, addressed the Planning Board in regards to the restoration of the building. Mr. Musinski noted the existing building would be regularized by taking out the stairway to maximize the use of space in the frontage of the building. He noted that, in conjunction with the SRA, the first floor retail space would be designed in the style of it’s original character, in part through the use of mushroom-top windows and masonry work on the retail façade.

Mr. Collins asked if the developers would be readjusting the ceiling height of the floors. Mr. Musinski stated that the developers would be restoring the ceilings to their original height. Mr. Collins asked what the distribution of units on the top floors would be. Mr. Musinski stated that there would be six residential units on each of the top three floors.

Ms. Sullivan asked how proactive the applicant would be in crafting the retail units. Mr. Atkins stated that they had discussed the matter extensively and intended to maximize the use of the retail units, adding that they had built into the purchase and sale agreement the right to advertise the space in advance of actually buying the property and to begin marketing the space prior to that time.

Ms. Duncan noted that the final market plan report would be available by the end of the month, which would include consumer surveys and detailed demographics concerning the Salem trade area.

Mr. Moustakis requested that Mr. Atkins reiterate the parking agreement. Mr. Atkins stated that there would be, in the condominium association document recorded at the registry, a condition which would require the condominium association to purchase twenty garage passes on an annual basis. Mr. Moustakis asked if there was anyway to enforce a requirement for the condominium owners to park in these spaces. Mr. Atkins stated that the condominium costs would be shared with the owners, creating a self-incentive to park in the spaces.

Mr. Atkins stated that growth and rehabilitation of buildings significantly increases the tax revenue of existing buildings, adding that this increase of activity comes with an increase in parking needs in retail districts. Mr. Atkins stated that his client had agreed to contribute $10,000 to a administrative study by the city of Salem on parking in the downtown area.

Mr. Moustakis suggested that if people are unable to park then they will not shop in the downtown area. Ms. Duncan noted in the marketing study that 30% of the residents considered the parking situation was poor. Ms. Hanscom suggested a correlation between retail sales and allotted time on the parking meters. Mr. Moustakis commented that most of the retail business was going to the Highland Ave shopping area. Ms. Sullivan suggested using the Front Street model in the development of lower Essex Street.

Mr. Ready commented that the city puts a significant burden on developers in the assistance of traffic and parking studies, and suggested that the obligation city wide. Mr. Power commented that the Planning Department applies for various study grants for the city. Mr. Atkins stated he was confident that the Salem marketing study would be followed up and that new committees would be formed to utilize it.

Mr. Puleo asked if the parking spaces were available for the condominiums document requirements. Mr. Atkins asserted that he believed that the spaces were available. Ms. Duncan stated she would consult the Parking Director on the matter.

Mr. Collins asked if the parking pass requirement was already in or if it was something that the developers were offering. Mr. Atkins stated that it was in the zoning ordinance.

Ms. Duncan stated that she had comments from the Building Inspector, which stated that the discussion should mention the process of paying for the annual parking passes.

Mr. Kavanagh commented that the original photograph showed how handsome the building was, and the closer they came to replicating that, the greater the service to revitalizing the lower end of Essex Street would be. Mr. Ready asked what the original date of the building was. Mr. Musinski stated he believed it was 1917.

Mr. Power stated his concern for the potential noise within the building. Mr. Musinski stated that the developers had designed the units so that the office spaces shared walls with other units, adding that the high ceilings would contribute to noise buffering.  The concern was that apartment walls adjacent to public hallways and walls between apartment units be sound proofed to improve privacy.

At this point the hearing was opened to public comment.

Ward 3 City Councilor Jean Pelletier asked if 20 units was proper for a B5 zone. Mr. Atkins stated that it was. Councilor Pelletier requested that the City Council be informed of a Saturady construction Variance waiver. He also stated that he would be working with the Parking Director in an effort to give the condominium owners the right to park in any of the surrounding parking lots. Councilor Pelletier asked the Planning Board to consider the 8-5 p.m. weekday and the Saturday waiver construction restrictions.

There being no further questions or comments regarding the matter at this time, a motion was made by Mr. Moustakis to continue the hearing on June 2nd, 2007, seconded by Ms. Sullivan, and approved (9-0).

Old/New Business

Mr. Puleo commented, in regard to the Leggs Hill project, that the City of Salem does not make a profit in selling water, adding that there is a possibility that the Loring Ave water main may not even run to the Leggs Hill property. Ms. Hansom commented that the Planning Board does not have the authority to tell the developers to build the four houses in question.

Ms. Duncan commented that the Planning Department would be hiring a new Staff Planner shortly.

Mr. Power requested that the Planning Department assign a Clerk of the Works for the Leggs Hill project. Ms. Duncan stated that she would look into it.

Mr. Kavanagh presented a draft letter from the Planning Board thanking Mr. Merhalski for his services to the Planning Department. The board agreed to send the letter.

Adjournment

There being no further business to come before the Planning Board this evening, a motion was made by Ms. Sullivan to adjourn the meeting, seconded by Ms. Lombardini, and approved (8-0). Ms. Hanscom was not present for the motion.

The meeting was adjourned at 9:05 p.m.

Respectfully submitted by:


Ian Fullerton, Clerk
Salem Planning Board