Salem Planning Board
Minutes of Meeting
June 7, 2007
A regular meeting of the Salem Planning Board was held on Thursday, June 7, 2007, in the third floor conference room at 120 Washington Street, Salem, Massachusetts at 7:00 p.m.
Members present were: Walter Power, John Moustakis, Gene Collins, Tim Kavanaugh, Chuck Puleo, Pam Lombardini, Christine Sullivan and Tim Ready. Also present were Frank Taormina, Staff Planner and Stacey Dupuis, Clerk.
Members Absent: Nadine Hanscom
After many years serving as Chairman, Walter Power announced his resignation as Chairman of the Planning Board and Walter recommended Vice Chair Chuck Puleo to become his successor as Chairman. Motion made by Pam Lombardini to nominate Chuck Puleo as new Chairman of the Planning Board, seconded by Christine Sullivan and approved unanimously (8-0).
Mr. Power stated that he would continue his service on the Planning Board as a member. Chuck Puleo commented on the wonderful job Walter has done during his 30-year tenure as Chair and all the other board members were happy that he would continue to serve on the Salem Planning Board.
A motion was made by Ms. Lombardini to nominate Mr. Power as Vice-Chair of the Planning Board, seconded by Mr. Moustakis and approved unanimously (8-0).
Ms. Sullivan remarked at the integrity with which Mr. Power would run meetings. There being no further questions or comments on this matter, a motion was made by Ms. Sullivan to give Mr. Power the permanent title of Chairman Emeritus. Seconded by Ms. Lombardini and approved unanimously (8-0).
Approval of Minutes
The minutes for the May 17th, 2007 Planning Board meeting were reviewed.
Mr. Power suggested a correction on page 1 and on page 5.
Discussion ensued regarding the eighth paragraph on page five regarding the Leggs Hill YMCA project and whether it required a Clerk of the Works for the project. Frank Taormina stated that he spoke to Lynn Duncan, Director DPCD regarding this topic and he was advised that since there is no subdivision road being constructed, that the applicant is not required to have one.
Attorney George Atkins, representing the Leggs Hill YMCA, agreed with Mr. Taormina’s statement regarding the clerking of the project.
Mr. Power stated that regardless of whether the project warrants one, he feels that because of the scope and size the City may consider having someone Clerk the project.
Attorney Atkins stated that the YMCA doesn’t have a Clerk of the Works, but the construction reports and engineering reports are being taken, and he would be amenable to asking his client to submit those to the board. The board members agreed that that was a good idea.
There being no further questions or comments regarding this matter, a motion was made by Mr. Ready to accept the minutes as presented, seconded by Mr. Collins, and approved (8-0).
Discussion with Mass Highway Department- Highland Avenue Traffic Signalization Improvement Project- David Mohler, Director of Planning, Mass. Department of Transportation
Mr. Mohler stated that it would be a two-year construction period, with the bid opening and award in September 2007 and construction date of Spring 2008.
The project, which covers from Wal-Mart to Willson Road, encompasses new signals, emergency vehicle preemption, re-striping, crosswalks, wheelchair ramps, and pavement markings.
Ms. Sullivan stated that there have been new developments on Highland Ave. since Mass Highway Dept. did the study; there is concern that these new developments haven’t been integrated into the project. The project is 100% designed, can any changes be made since there have been these new developments? For example, there are issues with Marlborough Road. Is there some flexibility?
Mr. Power inquired as to who determines if a new design is needed. Mr. Mohler explained that the city initiates the idea, then Mass Highway will determine if there’s a problem, then they perform a study. Mr. Ready said that they have been looking at and trying to plan projects for Highland Ave and that it would be helpful if they could get in touch with Mr. Mohler in the future, if necessary. What is the procedure for projects? Mr. Mohler explained that typically if the city funds the design and wants to start a project, they contact Mass Highway district and then it needs to get approved.
Mr. Mohler explained that as of right now the project will have coordinated signal systems that will help the current traffic flow and in the event of an emergency the emergency vehicles can make certain all Highland Avenue lights are all red as they pass through the intersections.
Mr. Collins mentions that Route 107 ends at some point near Willson Road and that if there was a project for that area after that, would mass Highway do the project? Mr. Mohler responded saying that Mass Highway owns 107 to Willson Road, and that they do projects on state and local roads. If it made sense to do a project that was on the line, they would do it.
Mr. Mohler agreed that he would look into the following questions and give those answers to Lynn Duncan: 1) What is the extent of the Rte 114 (North Street) improvements? From the Peabody Line down North Street to where? 2) Who owns the box culvert/Forest River crossing on Leggs Hill Road? Does Mass Highway own it or is it a City Street and who is responsible for repairing it?
Continuation of Public Hearing - Request to Amend Site Plan Review Decision - Stutz Volvo - 309 Highland Ave. (Map 8, Lot 0139) - City Solicitor Beth Rennard
Regarding the amended decision to removing the barbed wire and putting in planter barrels, Attorney Rennard said that at the first public meeting, there was a decision that was later appealed and sent to Land Court. She wants to resolve this and needs the Board to agree to its amendments so it can go back to land court. There was discussion about finding a solution to this problem. The City Planner went to look at the site and made a recommendation to remove the barbed wire and paint the chain link fence so that it blends in with the background. Mr. Collins thought that they had supported the agreement to the amendments, so previous documentation was sought and will be brought into the meeting at a later time.
Attorney Arthur Goldberg introduced his clients Paul and Anastasia Theolopoulus who directly abut Stutz Volvo. He stated that in 2000 Stutz Volvo had made the proposal with no fencing, but with some islands to beautify, based on the presumption that Greenledge Street was a public way. However, when the project was complete there were no islands but instead, jersey barriers and a fence for security requirements, based on the knowledge from the City Solicitor that the street was a private way. The Planning Board disagreed and wanted a wall put up but Stutz Volvo appealed that and tried to develop a different plan, but it wasn’t approved. They suggested a modified version of the islands with a black chain link fence.
Attorney Kielty stated that the insurance company and bank were not going to lend them (Stutz Volvo) the money until they had proper security, that’s what motivated the jersey barriers. He inquired as to whether it’s the Board’s duty to tell Stutz Volvo how to spend their money to beautify. He said that the motivation was not to come back to seek a bond but to do what’s right for the neighbors.
Mr. Power recalls the discussion as to whether Greenledge Street was a public or private way, and since it’s a private way, the Board has no obligation to anything. What is the Board’s responsibility on a private way?
Attorney Rennard stated that zoning says that if it’s a private way that buffers a residential area, then the Board can make changes.
Attorney Keilty requested that the Board have the barbed wires removed and remove the chain link fence. He requested that the Board accept their findings of fact and have this sent back to land court.
There being no further questions or comments, Mr. Collins made a motion to accept their proposed findings of fact, to consider an alternative plan and eliminate the barbed wire and jersey barriers, add islands with chain link fence, add planter barrels, with types of planters at the owners discretion, seconded by Ms. Lombardini.
At this time, previous meeting minutes were brought in and were read. As noted, the Planning Board never made a decision or vote on this, they deferred the vote. Mr. Power said as he remembers it, they didn’t vote because it is a private way and sent it to land court so that both parties could come to an agreement without the Planning Board.
Mr. Moustakis asks if we want a motion to paint the chain link fence black and some discussion followed as to whether this is a viable decision. Once the fence is painted, upkeep would be required. Also, there was more discussion on the jersey barriers and mention that the planters need to be maintained and to add that to the motion.
There being no further questions or comments, Ms. Sullivan made a motion to accept the Findings of Fact and Amend the Decision to eliminate the barbed wire on the fencing and remove the jersey barriers and replace them with landscaped traffic barrels, to be maintained seasonally by the applicant. Seconded by Ms. Lombardini, 6 members voted in favor (Mr. Power, Mr. Puleo, Ms. Sullivan, Ms. Lombardini, Mr. Moustakis, and Mr. Collins) and 2 members abstained (Mr. Ready and Mr. Kavanaugh).
Mr. Moustakis made a motion to paint the chain link fence black, seconded by Ms. Sullivan. 5 members voted in favor (Mr. Power, Mr. Puleo, Ms. Sullivan, Ms. Lombardini, Mr. Moustakis) 1 opposed (Mr. Collins), 2 abstained (Mr. Ready and Mr. Kavanaugh).
Continuation of 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
Attorney George 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). He restated as from the past meeting 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. Power asked if there is a retail entrance on Crombie Street and also will there be signage? Mr. Atkins responded that there is a common entrance on Crombie and Essex and that there will be signage above the windows. Mr. Power suggested having signage extend off the building so that people see it when coming down the street. Attorney Atkins said that may or may not require approval, depending on whether it falls under the appropriate signage ordinance.
Mr. Puleo asked if there are metered spaces across on Crombie Street. Mr. Atkins responded that there are none on the parking lot side and also mentioned that the street seems a bit too narrow for parking on both sides. Mr. Puleo also inquired how many spaces are in the garage and Attorney Atkins stated that they would be getting 20 passes in the garage, one for each unit.
Mr. Power asked if there are any plans for the roof deck and Attorney Atkins said that there are no current plans for the roof.
Mr. Collins asked about the usage of the retail spaces on the first floor and Ms. Sullivan commented that the first floor was best for retail. Attorney Atkins said that the retail spaces on the first floor are subject to Salem Redevelopment Authority (SRA) review in terms of use and that the Planning Board doesn’t determine the “use”.
Mr. Puleo inquired about the Certificate of Occupancy and what it covers. Attorney Atkins said that it covers the entire building. Clarification was made in that funds will be contributed prior to Certificate of Occupancy.
There being no further questions or comments regarding the matter at this time, a motion was made by Mr. Collins to close the public hearing, seconded by Ms. Sullivan, and approved (8-0).
Mr. Taormina reviewed the draft decision with the board and the following items were amended: Item 5. Parking — The Condominium Association shall purchase one parking pass per residential unit for the City Parking Garage(s) on an annual basis. Documentation of the purchase of these parking passes shall be provided to the Department of Planning and Community Development prior to the issuance of a Certificate of Occupancy. Item 6. Parking Contribution — Funds to be contributed prior to issuance of Certificate of Occupancy.
Mr. Taormina stated that the applicant has not been able to meet with the Health Dept. yet regarding this project. Attorney Atkins stated that they are on the Board of Health Meeting Agenda for next Tuesday, June 12.
Mr. Taormina stated that Item 13 covers that item. Item 13. Salem Heath Department — All work shall comply with the requirements of the Salem Health Department, and conditions of approval are hereby incorporated as part of this Decision.
Mr. Puleo asked if there will be lighting on the building itself and Attorney Atkins answered yes there will be.
Mr. Power asked where the electric service is for the building and Attorney Atkins stated that he thought they are under ground on the Crombie St. side next to the alley.
Mr. Puleo had a question based on Item 18, that the Condo Association is responsible for putting the trash outside. He suggested that there be trash compactors in the units to minimize the waste outside. Mr. Kavanagh asked if we needed a coordinated trash set-up since it’s now residential instead of business. Do we have a concern for some folks putting trash outside too early prior to pickup? Attorney Atkins stated that there is an ordinance for placing trash outside and removal.
There being no further questions or comments regarding the matter at this time, a motion was made by Ms. Sullivan to approve the amended Site Plan Review Decision, seconded by Ms. Lombardini, and approved (8-0).
Old/New Business
Attorney Atkins commended and applauded Walter Power for his 30+ years of service on the board, his contribution to the City of Salem, and his ability to conduct meetings so well over the years. Mr. Moustakis agreed that Walter has always been great about acknowledging those in the audience and letting then speak and be heard.
Mr. Taormina introduced and welcomed the new Planning Board Clerk Stacey Dupuis.
Mr. Ready commented that the new Irving Station on Highland Ave is doing great and that the board should collectively be proud of the product they helped shape. Mr. Power mentioned that relative to the new gas station, the new decel lane has greatly improved the area and it seems to have helped with traffic backup on Highland Ave.
Adjournment
There being no further business to come before the Planning Board this evening, a motion was made by Mr. Ready to adjourn the meeting, seconded by Ms. Lombardini, and approved (8-0).
The meeting was adjourned at 8:55 p.m.
Respectfully submitted by:
Stacey Dupuis, Clerk
Salem Planning Board
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