Salem Planning Board
Minutes of Meeting
September 6, 2007
A regular meeting of the Salem Planning Board was held on Thursday, September 6, 2007, at 7:00 p.m. in Room 312, Third Floor, at 120 Washington Street, Salem, Massachusetts.
Those present were: Chuck Puleo, Walter Power, John Moustakis, Nadine Hanscom, Christine Sullivan, Tim Ready, Tim Kavanaugh. Also present were Amy Lash, Staff Planner, and Stacey Dupuis, Clerk.
Members Absent: Pam Lombardini and Gene Collins
Approval of Minutes
The minutes for the July 19, 2007 Planning Board meeting were reviewed.
Walter Power had some changes on page 1, last paragraph, it should read ‘if they still envision the roadway going to the YMCA going over the rear lots facing Leggs Hill Rd’. In the third sentence, take out “but” and replace with “and”; also, in the next sentence after “Leggs Hill” insert “road”.
Mr. Power commented that he doesn’t like the idea of people paying taxes on land they cannot use. Maybe the City Assessor will look at this issue. People should be aware that the Board doesn’t agree with people paying taxed on land they cannot use.
Mr. Power had changes on page 2, first paragraph: Take out “something” and put in “land”. Next, take out “they” and it should read- Mr. Atkins explained that the homeowners will own the property. Second paragraph, line 2- after “there were no issues” add in “to settle”. Line 3- should read “on the houses…… how much time is envisioned to complete the project…”
On page 3, regarding the Story Street Form A, someone asked if we received an answer from Beth Rennard. Amy said yes we did, but it was from the Assistant City Solicitor, Jerry Parisella, said that 2 details need to be added to the Form A plan and then it could be resubmitted. Mr. Kavanaugh said that the language used to label the parcels on the plans had to be changed.
John Moustakis had a change on page 5, it should read “wants to protect the right of way to the water as long as there is no encroachment on the abutters land”. Another change on page 5 from Mr. Power – the sentence regarding the d-cell lane should read “the city has started the deceleration lane next to Trader’s Way”.
There being no further questions or comments regarding this matter, a motion was made by John Moustakis to accept the minutes, seconded by Mr. Power, and approved (6-0).
Public Hearing – Wireless Facility Special Permit- 1000 Loring Ave (Map 20, Lot 0007)- FiberTower Corporation, Attorney Francis Parisi, Esq.
Attorney Francis Parisi addressed the Board proposing to put in FiberTower’s antennas at 1000 Loring Ave. He explained a bit about the company. FiberTower is a wireless service provider for other wireless service providers. They link up wireless sites. It is more cost effective and provides a more reliable service. They attach antennas on existing buildings that other providers already have antennas on. The antennas are relatively small compared to others (they showed an example).
Mr. Parisi mentioned that he would be back before the board in the near future for two more sites.
John Moustakis asked if they would be eliminating towers that are already up there. Mr. Parisi said no they will not be, they’re providing service to them. The current towers are connected and use wires. Once these wireless antennas are up, the service providers could essentialy disconnect their wires and use FiberTower’s wireless service.
Chuck Puleo asked if there would be any interference with other providers. Mr. Parisi said there are two types of interference: 1) frequency- The FCC controls the frequencies and FiberTower operates on a different frequency. 2) Physical- These antennas use a ‘line of sight’ technology. For this reason, they place them on the roofs in such a way so that they have no physical interference. They use microwave technology, similar to radar. Walter Power asked if there is any scatter or what if someone walks in front of it? Mr. Parisi answered that there is no scatter as it’s a narrow beam. Also, it is up above the existing roof and they try to place the antenna at the edge of the building because they don’t want any physical interference; chances are slim that anyone could get in
front of it.
Chuck Puleo asked if the City Zoning Ordinance has a limit on the number of antennas on rooftops and creating new space for towers. Mr. Parisi said that the city by-laws strongly encourage the use of existing facilities, so FiberTower is not intending on adding any extra towers, they want to be where other providers already are. Amy said she is not aware of any limit.
Christine Sullivan asked if FiberTower takes the place of the provider, or are they backup. Mr. Parisi said that it’s one or the other, or both. It is actually the decision of the provider (like AT&T, Verizon, etc.)
Ms. Sullivan said that there had been a previous decision in a similar case that stated towers and antennas to be painted to blend with the building. These antennas are white. Can they be painted? Mr. Parisi said that yes they can be painted.
Walter Power asked how they’re set up and would they interfere with other telecommunications. Mr. Parisi said that before they set up the antennas, workers would go to the roof on Highland Ave and on Cane Road (where the other antenna would be placed) and make sure there is direct sight between the two antennas. If they have direct sight line, they would not interfere with the other antennas. Mr. Power asked about their safety in regards to workers on the building. Mr. Parisi explained that OSHA regulations are extensive on telecommunication sites, there are signs posted, and, there is an educational process with other workers (those that may need to be on buildings like window washers). They learn safety procedures as to what you can and can’t do.
There being no further questions or comments regarding this matter, a motion was made by Mr. Moustakis to close the Public Hearing, seconded by Ms. Sullivan and approved (6-0).
A motion was made by John Moustakis to approve the proposal as presented with a condition that FiberTower paints the antenna a matching color and maintains it as well. Seconded by Christine Sullivan and approved (6-0).
Amy Lash will write up a draft decision and bring it to the next meeting. Christine Sullivan suggested that, for future similar proposals, there be an application form with a checklist of standard conditions that need to be met, to expedite the process. Amy will have a draft application form at the next meeting.
Continuation of Public Hearing Definitive Subdivision and Cluster Residential Development Special Permit- Chapel Hill LLC, Clark Avenue (map 08, Lots 6,7,8)- Attorney Jack Keilty
Since Jack Keilty was not present at the start of the hearing, Chuck Puleo presented Stephen Casazza from Fay, Spofford & Thorndike to present the peer review. On August 24, he received a letter that contained Chris Mello’s comments. He uses these comments along with his for his letter to the City and apologized for not getting his letter to the Board earlier than tonight. The current plan was revised on August 20th and that was subject to comments that FST made on July 24th. FST comments related to drainage, the sewer system, the water system and such. He went on to bring the Board up to date on what has been going on. He mentioned the water pressure tests were done on August 24th; he hasn’t seen any results from that test yet. Following
up is a concern of the Board. There is still a water supply concern. In terms of the 26-lot cluster, the issue of the plan he wants to discuss is Kimberly Road, the main access off of Clark Avenue, is sharper than, and not in accordance with city radius regulations. The cul-de-sac is fine.
Christine Sullivan asked if the street doesn’t meet the requirements of the city, what is the consequence? For example, can fire trucks get down the street? Steve Casazza seems to think that a fire truck could get down the street. Chuck Puleo asked if this problem of the road is correctable. Stephen said it is.
Mr. Casazza talked about the drainage system- it is extensive with steep retaining walls, they range in height from 15 to 20 feet high. He stated that he asked for more details as to what they would look like and that they would be addressed at a future meeting. Chuck Puleo asked if these walls meet slope and grade requirement. Mr. Casazza said that they do and that they are similar to the ones on Osborne Hill. Ms. Sullivan asked if there would be houses facing/looking at the retaining wall. It was mentioned that there is a proposed trail to go in at the open space, possibly behind these wall.
Walter Power questioned whether we’re getting a value for this cluster with the open space, trees and trail he’s talking about the developer providing.
Chuck Puleo asked Steve Casazza if he would suggest seeing a profile and cross-section of about 3 or 4 sections. Mr. Casazza said yes that they should request to see it on the plans so that you know what you’re getting. Chuck Puleo agreed that it would be beneficial to see a detailed plan.
Mr. Casazza mentioned that the issue of zoning residential versus industrial was settled. Five lots were zoned industrial. The only question from the City Council was whether industrial could have access on a residential street. Amy Lash mentioned that City Solicitor Beth Rennard is looking into the access from the industrial land. The Board will have an answer from her at the next meeting.
Walter Power said he’d also like to see the square footage of all the lots.
Chuck Puleo asked why they are requiring sprinkler systems in the houses and Amy explained that it’s because of the one means of access to them, it’s extra protection. For example, if the fire department needs a few extra minutes to get that area. Mr. Puleo asked if they have taken the sprinkler systems into consideration when they did the pressure tests? Mr. Casazza said he does not know a lot about them but believes there is a water system in each house that provides for the sprinkler, which means the pressure tests are separate. It would be a good idea to check with the fire department on this.
Mr. Moustakis mentioned that it seems like there are a lot of loose ends to tie up and it is difficult to have a lot of questions without anyone (the lawyer or developer) present to answer them. Mr. Puleo said that we would get all of this information in a letter including details and a cross-section drawing.
Tim Kavanaugh stated that Mr. Casazza’s work is excellent.
Mr. Keilty arrived at the meeting. Mr. Casazza mentioned that the Conservation hearing is on the 13th, and said that Mr. Keilty contacted him and asked if he has everything he needs. Mr. Casazza is not sure if he has the updated forms he needs and will get those from Mr. Keilty. He explained to Mr. Keilty some of the questions they have regarding the intersection of Clark Ave and the subdivision. They are questioning the filter on the outlet of the underground drainage system. And there is extensive maintenance requirement for those systems. Town & Country Homes said they would maintain them but there needs to be more information than that and it needs to state that “they will maintain the systems and they will work”. He mentions that Mr. David Colpitts, Clark Ave resident, has
concerns. Also, do the catch basins have sufficient capacity?
Walter Power thinks the board should determine the capability of the access road and the intersection of Clark Ave and Clark St.
Christine Sullivan asked how many houses could be built if it wasn’t a cluster? She would like to compare the number of houses between a conventional subdivision and a cluster subdivision. Mr. Keilty said he didn’t know the exact number but said it is less than the number initially proposed when they came before the board.
Chuck Puleo said that Mr. Casazza has a list of issues to be addressed. John Moustakis said that the Board should make a list of those questions and get the answers in writing. Mr. Puleo told Mr. Keilty that there are some issues with the drainage system. Mr. Keilty said that they’re not done yet with this issue, but they did have a second site visit to review it. He also mentioned he’s meeting with the Conservation Commission on Sept. 13th.
Walter Power rephrased Christine’s previous question to “How many standard lots could be put in versus what we’re getting in the cluster”. Mr. Keilty said he didn’t know this at the time, but can get the answer in writing to the Board.
Chuck Puleo told Jack Keilty that Mr. Casazza has questions beyond the letter that was presented to him. Mr. Casazza said that they had requested that fire flow tests be done. Mr. Keilty said they were done. Mr. Casazza told Mr. Keilty that the Board would like a cross-section or profiles of the retaining wall so they can see what it would look like. Mr. Keilty asked if they would like this information for the next meeting. Amy suggested that Mr. Keilty submit a request for an extension so that they can present and review this requested information at the next meeting. Mr. Keilty said they can get this information two weeks prior to the October 18th meeting to Mr. Casazza. Mr. Keilty will send a letter to his engineers and will copy Mr. Casazza on it. This letter will
request flow test information, cross section and/or profiles of sections of the wall and catch basin information.
Christine Sullivan asked if the Conservation Commission would make their decision by the 18th? They are unsure of that. Mr. Keilty said he wants Stephen Casazza’s firm, Fay, Spofford, & Thorndike, to speak to the issue of Stormwater Management.
Mr. Keilty also said he would like the Planning Board to approve his access road. On the drawings, page 4, at Jennifer Circle (there is a bubble shown). He wants the Board to approve the roadway, that it’s adequate access to the industrial land in a northerly cluster and southerly ANR. Tim Kavanaugh mentioned that Beth Rennard will be weighing in on the issue of the access road.
Nadine Hanscom confirmed that there are houses there, no road, there is nothing there, and it was zoned industrial. Mr. Keilty explained that although the Planning Board recommended to the City Council to zone all residential, the Council didn’t take the recommendation and remained zoned industrial. He wants the Board to give relief to that road and approve it.
Walter Power asked how wide Clark Avenue is at the entrance. Is it about 30 ft. Jack Keilty suggested that it is wider than most. The radius and width are a little bigger than ordinarily proposed.
Walter Power said that since we’re adding a significant amount of traffic, the Board would like to see the road superimposed from Highland Ave to the subdivision road to start to see how the road would look like when done. Jack Keilty said that they have given the traffic report there are some major improvements that need to be done on the road that is behind Dunkin Donuts on Highland Ave. Walter Power wants to see where the road is constricted and not constricted, that the roadway is the same width all the way. Mr. Keilty said they would give the Board a drawing that shows everything as it is plus the overlay.
Chuck Puleo asked if anyone from the audience would like to speak.
Mr. David Colpitts, resident, Clark Ave., said he had a chance to talk to Stephen Casazza before the meeting regarding water storage. Mr. Colpitts property is directly down from the new street. He has a retaining wall and he’s concerned with the water storage area. Since Highland Ave flooded in the spring, he’s concerned that if there’s another flood, the water storage pipes (4 of them) will overflow and water will run down to his property.
Stephen Casazza said the intent of the drainage design is to create runoff to hold water back in the subdivision area. However, it is not relative to the flooding on Highland Avenue. The capacity and design are intended to handle the new development. Chuck Puleo said it still wouldn’t fix the flooding on Highland Ave. John Moustakis said that this is an engineering issue. Mr. Colpitts said he asked Mr. Casazza if the water storage could be moved and that Mr. Casazza said yes, but to where would be a question for the project engineer, not for him as the peer reviewer. Mr. Keilty said he would ask the engineers about the design integrity of the water storage area and it’s impact on the neighbors. Tim Ready asked if the City Engineer has looked at this issue. Amy Lash
said no but she can direct his attention to this issue. Tim Ready said that the Board needs to take the City Engineer and Mr. Casazza’s expertise guidance on this issue.
Walter Power asked what direction the water flows from storage. Jack Keilty said it flows into Clark Avenue. There are 5 storage facilities. Mr. Power asked- What kinds of runoff do we get? What kind of volume will the particular storage system get in a 100 year storm.
Mr. Colpitts said of the number of drain catch basins, most of them are directed towards Clark Avenue. Chuck Puleo said the next time Chris Mello is here to take the drawings and have him explained the flow of the catch basins.
Stephen Casazza explained that his role is to review this in accordance with the City. He’s not here to redesign the project. Jack Keilty asked if Chris Mello, or someone from that office, should be at the next meeting to walk thru these issues. Mr. Puleo said yes, on September 20th (subsequently changed to the 18th of October). Ms. Sullivan said it’s good to have a peer review and she would like to hear all parties.
There being no further questions or comments on this matter, John Moustakis made a motion to continue the public hearing to September 20th, seconded by Nadine Hanscom and approved (6-0).
Two board members were going to be absent on September 20th and the point came up that the board does not want to loose eligible voting members, so the public hearing should be continued to the following meeting on October 18th.
A motion was made by John Moustakis to amend the previous motion and to continue the public hearing on October 18th, seconded by Nadine Hanscom and approved (6-0).
John Moustakis mentioned that it used to be that the planner would sit with the city engineer and other city departments and go over everything. Walter power was disappointed that the peer reviewer spoke with the abutter prior to the meeting.
There was a bit of discussion on the issue of the industrial zoned area and the access road. Chuck Puleo seems to think that it’s possible city Solicitor Beth Rennard will come back with information that says we can’t approve it, which essentially takes the decision off of their hands. If it’s denied, and there is no access to part of their land, then they could sue the City. The question is- can the Board approve it and/or can they deny? Nadine Hanscom thinks the City Council should make the final decision on the road that is zoned industrial.
Old/New Business
o Tim Ready mentioned that the new gas station on Highland Ave is doing great and hasn’t created any additional traffic problems there. Also, Osbourne Hills already has 70% of the homes sold to Salem residents.
o City of Salem Open Space & Recreation Plan Update 2007-2012
Amy said that the deadline to send comments to Carey Duques is September 28th.
Adjournment
There being no further business to come before the Planning Board this evening, a motion was made by Mr. Kavanaugh to adjourn the meeting, seconded by Ms. Sullivan, and approved (6-0).
The meeting was adjourned at 9:40 p.m.
Respectfully submitted by:
Stacey Dupuis, Clerk
Salem Planning Board
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