City of Salem Planning Board
Minutes of Meeting
September 20, 2007
A regular meeting of the Salem Planning Board was held on Thursday, September 20, 2007, at 7:00 p.m. in Room 312, Third Floor, at 120 Washington Street, Salem, Massachusetts.
Those present were: Chuck Puleo, Walter Power, Nadine Hanscom, Christine Sullivan, Tim Kavanaugh, Gene Collins, Tim Ready. Also present were Amy Lash, Staff Planner, and Stacey Dupuis, Clerk.
Members Absent: Pam Lombardini and John Moustakis
Approval of Minutes
The minutes for the September 6, 2007 Planning Board meeting were reviewed.
Walter Power had some changes on page one, second to last paragraph: instead of Beth Rennard, the name should be Jerry Parisella.
Walter Power had a question in regards to page 3, fourth paragraph: Amy will have a draft wireless special permit application for this meeting, is there one? Amy said that in the members’ packets, there is a draft application for them to review.
On page 4, second paragraph, take out “he’s” and add in “the developer” .will be providing… Fifth paragraph, should be ‘would also like to see the lot yardage on all the lots”.
Page 5, top paragraph, take out “they” replace with “ “the Board” should determine capability of the access road and intersection of Clark Ave. and Clark St.
Page 5, last paragraph Walter Power suggested to put Stephen Casazza’a full name in the last paragraph. Regarding the access road, Walter was asking for clarification. Nadine was trying to be clear as to whether the Planning Board should be making the decision on the access road. She wants an answer as to who is responsible legally to make the decision; she feels that the City Council should have to finish what they started instead of leaving the Planning Board in the position to make the decision about the road. There are houses but no road and its zoned industrial. Christine Sullivan commented that night was a bit confusing and there should be some clarification. Chuck Puleo said that the Jack Keilty said that if the Planning Board disapproves the cul-de-sac plans on the grounds that it’s residential then he would sue and look for some monetary relief. Chuck Puleo reminded all that the Planning Board did recommend to the City Council that it be zoned residential. They
considered it and gave some relief to some lots and rezoned some to residential. The others remained industrial. Tim Kavanaugh said part of the last sentence should read ‘remains industrial” cross out “zoned”.
Page 6, second paragraph, Walter Power said it should be- since we’re adding significant amount of traffic, the Board would like to see it superimposed… on the road from Highland Ave to the subdivision road. Also, same paragraph at end it should read, “Mr. Keilty would give the Planning Board drawing…add in “plus the overlay”. Page 6, fourth paragraph- …What kind of volume would the system get. Add in “in a 100 year storm”. Last paragraph after motion was made after the date of the 20th, put in brackets “subsequently changed to the 18th”.
There being no further questions or comments regarding this matter, a motion was made by Christine Sullivan to accept the minutes, seconded by Nadine Hanscom and approved (6-0).
Form A Application For Endorsement of Plan Believed Not to Require Approval- Lot 2 Story Street (Map 23, Lot 2)- Leo Higgins
The applicant, Mr. Leo Higgins discussed the plan and notes which were added to meet the suggestions of the Jerry Parisella, the Assistant City Solicitor [Form A Endorsement had been previously denied]. Mr. Higgins said his attorney believes these notes meet what the City asked for. Amy Lash read the language which Jerry Parisella suggested be added to the plan. Jerry Parisella suggested the plan include a notation “to be conveyed to the owner of and joined with adjoining lot of Gerard and Linda Tardiff” and he recommend the language “Parcel A is not a legal building lot and similar language be added to the lot identified as REMANING LAND”.
Lot A and the REMAINING LAND are RC; 15 Story St is in R1. Parcel A, would be added to 15 Story Street. The small piece next to Parcel A the Tardiff’s already own. Tim Kavanaugh spoke with Jerry Parisella who gave opinion for subdivision purposes. He said that in a similar, previous case the subdivision control law said that a lot is an area of land with definite boundaries and can be built on. If a lot cannot be used for building purposes, then it is no longer a lot, and you can divide it into two parcels. The lot currently in discussion cannot be considered for building purposes on its own.
A motion was made by Christine Sullivan to accept the ANR plan, seconded by Walter Power. 1 Abstained, Nadine Hanscom and 5 Approved.
Attorney Stephen Lovely spoke saying that there are no cases where ANR has been granted where neither lot has frontage on street but that there is a difference of opinion in the legal community. For clarification, Tim Kavanaugh said Parcel A is presently owned by Leo Higgins and is to be sold to the Tardiff’s. Tim Kavanaugh also stated that Jerry Parisella said both lots are not buildable by themselves and if interpretation is correct then the Board has to endorse it.
Continuation of Public Hearing – Amendment to Previously Approved Subdivision Plan- Leggs Hill Road (Map 30, Lots 77, 131, 132,144)- Atty. Stephen Lovely
Attorney George Atkins, 59 Federal Street, representing the YMCA of the North Shore. Also in attendance, Chris Novak, Project Engineer and Paul Gorman, Executive Director of YMCA. Elizabeth Rennard, the City Solicitor who had issued an opinion on issues relating to the amendment was also in attendance.
Atty. Atkins recapped some history: In July 2006, the Planning Board approved a definitive subdivision plan (he showed a rendering of the plan) which included the roadway behind the building that the Fire Dept. requested and 10 house lots. The approved plan also included offsite improvements that the YMCA agreed to. The total project was estimated at $150-200,000. They realized that the cul-de-sac and house lots would be a loss for YMCA and they would be losing money. City Solicitor Beth Rennard said that the subdivision control law allows modification and they could come up with an ANR plan. So they made a modification to the original definitive subdivision plan, keeping on and offsite improvements.
On the original plans the turning lanes are on Loring Ave, signage needs to be implemented.
$250,000 was set aside by YMCA for an analysis: grinding down, widening, repaving. Also, a $100,000 fund was established for an OptiCon system and the addition of curbing and sidewalk from site down to Loring Avenue. Also agreed on was $75,000 look at improvements (on Marblehead side) intersection of Tedesci Way. The total is between $400-450,000 extra cost for YMCA.
The new plan provides 6 house lots on Leggs Hill Road, none on pond side (reduced from 10) and it eliminates roadway and cul-de-sac. The plan includes emergency access around building as required by Fire Department. Also, the road is 18 feet wide, which was previously in question. Photo simulations were provided to see possible views from Linden Avenue. They will be adding trees and greenspace. They spoke with Conservation Commission about this and drainage issues. Atty. Atkins said the YMCA has no intention of building on this greenspace.
As far as tax money to the City issue, which was an issue raised by City Councillors, Mr. Atkins did some estimates and six lots would roughly be worth $66,000 a year for the City. The City Solicitor was asked about the easement area across the back of Leggs Hill Road and the Fire Dept. wanted to make sure they wouldn’t get rid of the easement for access purposes. The Solicitor presented to the Fire Dept. that this would be created as a permanent easement.
Walter Power said that suppose in the future the lots along the water were to be built, is the road wide enough to do this? Chris Novak said he believes so and there’s a 50 ft right of way. Walter Power also asked if the current house lots on the plan are 15,000 sq ft. Chris Novak said they are “at least” that. 5 ½ lots are in Salem and ½ lot is in Marblehead. Walter Power asked about the easement and why people would pay taxes on land they can’t use. Is there a way of not taking part of their land for the road? Attorney Atkins said its common practice to do this and they will still have a good size lot (people don’t have to buy it if they don’t like it). The easement area does not take away from the 15,000 sq ft lots. Mr. Power also
made a suggestion about the road that goes down to the boxed culvert and paving, when the road is made they should add in a swale/drainage so it doesn’t pool up and flood.
Chuck Puleo asked if there is a gate on the new plan like the older plan. There is not a gate, but the road is emergency vehicles and there would be signage. He also mentions that there is granite curbing on sidewalk and asked if there will be a swale near the boxed culvert on drainage. Chris Nowak mentioned that there is drainage in front of the site.
Christine Sullivan is concerned about not having any lights on the road behind the building. Chris Novak said that there are lights on the back of the building. Chuck Puleo asked how long the driveway is - it’s about 500 ft. Tim Ready asked about the cost of the new roadway- Chris Novak couldn’t estimate but said the original option cost at least 2x as much.
Walter Power with the reduced cost of this new plan, he hopes they still have money for offsite improvements. Arty Atkins said yes, the money is still set aside.
Chuck Puleo asked if anyone from the public would like to speak.
Ward 7 Councilor Joseph O’Keefe, 28 Surrey Road, said he was previously opposed, but now he’s not sure, he wants some concessions from the YMCA. He would like to see a possible wall or trees on waterside to make the view for Linden St. better. He would also like to see lights on the roadway that goes down to Loring Ave for people (suspecting people would be running on that road to the YMCA). Mr. O’Keefe is also concerned about the bridge. He suggested a study be done, what if fire trucks couldn’t go over the bridge? He doesn’t expect the YMCA to build a new bridge, but he would like it addressed. As far as the landscaping issue, Attorney Atkins mentioned that the Planning Board and Conservation Commission have to review these plans. As for bridge issues, they will try
to address and contribute to the discussion.
Walter Power said that with any construction on Leggs Hill Road, we’re tied to its either an OptiCon System for the road down to the bridge, some of that is owned by Marblehead or a $100,000 fund for OptiCon system. Christine Sullivan asked if the Fire Dept decides it can’t bring any trucks over the bridge, and then the road won’t have an OptiCon System, what would happen with the OptiCon money? Atty. Akins said it’s written for the City to determine what type of system can be used and believes there is a year to determine this.
Jean Pelletier, Councillor Ward 3, asked if the corner house can be turned so that it’s paying more taxes to Salem? How will the taxes be distributed? Attorney Atkins said the assessors from each community would determine the tax distribution. The ratio looks to be about 50/50. Mr. Pelletier also asked about the sidewalk that is partially in Marblehead and the curbing, Atty. Atkins said that the sidewalk and curbing would be continued.
Robert Bouchard, 23 Linden Ave, asked if the emergency road could only be for emergencies not other vehicles such as garbage trucks, etc. Mr. Bouchard also asked if the lots would definitely have houses on them and nothing else and asked if all lots are owned by the YMCA? Yes.
Chuck Puleo asked if there could be signage on entrance to emergency road. Atty. Atkins said it’s a one-way so that people cannot enter.
There being no further questions or comments on this matter, Gene Collins made a motion to approve the amended decision, seconded by Christine Sullivan and approved (6-0).
Amy Lash presented copies of a draft amended decision. Items in red are changes to original decision.
The following changes to the decision were discussed:
o Reduced number of house lots from 10 to 6.
o Updated public hearing dates, closing the public hearing September 20th
o Updated Voting information
o Updated Conformance with plan
o Removed -12. Security (Special Conditions now 12)
o Removed -14. Lighting; Walter Power would like to see streetlights down the whole road, some are in Marblehead. Walter Power would like to have study sent to Engineer and City electrician and see what the cost would be. Atty. Atkins can’t commit to the YMCA paying for the lights. He would like to leave it flexible and wait and see what the needs of the road would be once it’s down. Atty. Atkins would like to approach the cities to see about the cost of lighting and who would cover the cost. Christine Sullivan thinks we should have some information in the conditions- to add paragraph under B consensus of the Board that lighting
should be considered. They will look at the requirements and will consider lighting on roadway. Added under “Special Conditions (d.) (i.)” “The developer will consider street lighting options with the City Electrician”. (Blasting now 14)
o Removed from “25. As-built Plans & Street Acceptance” and language pertaining to Street Acceptance (renumbered as 23)
o With no surety, it is necessary to updated requirements for submission of As-built Plans to be submitted. George Atkins suggested “within 60 days of the pavement of the binder course”.
o Tim Ready said standard landscaping language should be included. “Special Conditions (d.) (i.)” still has language about cul-de-sac and the secondary access way, which should be eliminated that since it’s no longer in the plan. Atty. Atkins suggested they should add in “Access way should be completed to Fire Department specifications.” Chuck Puleo asked about the paving of the access road and the bottom of the driveway. Chris Novak said that there is a swell at the bottom of the driveway for drainage. It’s a low impact design measure.
o Christine Sullivan mentioned the standard landscaping language. Chuck Puleo said to make the standard landscaping language #25.
A motion was made by Nadine Hanscom to approve the draft decision of amendment with comments, seconded by Christine Sullivan and approved (6-0).
Form A Application for Endorsement of Plan Believed Not to Require Approval- 1-3 Parallel St/282 Rear Canal Street (Map 23, Lots 77, 131,132,144) – Atty. Stephen Lovely
Attorney Stephen Lovely, 14 Story St.- Owns two parcels, 1 & 3. He had planned to put 4 units under zoning. Spoke with the neighbors and direct abutter. They asked if he would tear down commercial building and put up 3 single-family homes (instead of duplexes). He checked the zoning requirements for ANR. There is frontage on Adam St. The large lot that remains has frontage on Adams Street (on Esther Realty Trust plan) that he would like to use. It is not a buildable lot, but if he adds it to his lot, it will satisfy a size requirement. Chuck Puleo said it would give him a bit of frontage to make his lot a buildable lot. 1 Parallel St, 18,000 sq. ft. will not be built on (on brook) it will be used to add to square footage for another ANR in the near future. Stephen Lovely
said he needs Planning Board to approve the ANR so that the land of John Bertini lot can be added to the land at 1-3 Parallel St prior to the ANR which follows.
A motion was made by Gene Collins to approve the ANR plan, seconded by Tim Ready and approved (6-0).
Public Hearing- Request for Waiver of Frontage- 1-3 Parallel St (Map 23, Lots 77, 131,132) – Atty. Stephen Lovely
Attorney Stephen Lovely received approval from Board of Appeals for lot width on all four lots, and would like waiver of frontage, although he said there is no frontage requirement. He is applying for Waiver of Frontage because it is customary to do so. He will be building 3 new houses, one already exists. These have at least 20 ft of frontage, though again he said there are no frontage requirements.
Amy Lash said that an important thing about the Waiver of Frontage Application part of the Parallel Street proposal is that the Planning Board could condition the Waiver of Frontage decision to require improvements to the street. She mentioned the condition in the draft decision.
Chuck Puleo asked about the Conservation Commission- Stephen Lovely has been to Conservation Commission for the lot with the existing residence, and will have to go back for the new residences. At this time flooding issues will be discusses.
Nadine Hanscom asked if the Planning Department had comments. Amy said that Lynn Duncan, the Planning Director has seen the plans and is okay with the process the different applications the Parallel Street proposal are going through with the Planning Board.
Christine Sullivan asked if flooding issues would be addressed. The flooding issues will be addressed with the Conservation Commission.
Chuck Puleo opened the hearing to the public. Matt Veno, Ward 5 Councilor, had a number of concerns for development including flooding and traffic. He spoke with many of the residents.
David Ayers, 7 Parallel St., said it is a much better idea to go with single-family homes.
Christine Sullivan asked Stephen Lovely if he is tearing down the current building. Stephen Lovely said yes, they would be taking down the warehouse building at the end of the street.
A motion was made by Christine Sullivan to close the public hearing, seconded by Tim Ready and approved (6-0)
A motion was made by Gene Collins to approve waiver of frontage draft decision with conditions, seconded by Walter Power and approved (6-0).
Form A Application for Endorsement of Plan Believed Not to Require Approval- 1-3 Parallel Street (Map 23, Lots 77, 131, 132) – Atty. Stephen Lovely
Atty. Stephen Lovely said that the application is for the division of lots A, B, C and D. Amy said that the lot areas are slightly different on the Form A plan, than the plan that went to the Board of Appeals. Stephen Lovely said when he went to the Board of Appeal, the issue was lot width, lot width is the same on both sets of plans, and so this should not affect anything.
A motion was made by Gene Collins to accept the ANR plan, seconded by Tim Ready and approved (6-0).
Walter Power asked about the setback. Stephen Lovely said there will be a five (5) foot setback and all houses on Parallel St have around a five (5) foot setback, which gives more land in back. Also, the houses will not have basements. Stephen Lovely will address some flooding issues with Conservation Commission. There are two drains at the end of Parallel Street. He talked about some of the water and flooding issues in the surrounding areas. He will come up with a plan and will go to neighbors first before going to Conservation Commission. Councillor Jean Pelletier spoke to Planning Board on flooding issues. He informed them that they are currently working in his ward on some streets, cleaning storm drains, etc.
Old/New Business
o Vote on Request for Extension of Deadline for Planning Board Final Action- Definitive Subdivision and Cluster Residential Development Special Permit- Chapel Hill LLC- Clark Ave (Map 6, Lots 6,7,8) Atty. Jack Keilty
Amy has a request for extension form dated November 8 signed by Jack Keilty. Amy drafted a letter that listed all the concerns/issues discussed at the last meeting. Amy will email the letter to all Planning Board members so they can review it. Amy will put in a second letter containing any other issues addressed. Solicitor Beth Rennard will investigate the ramifications of the Planning Board approving or not approving the access road. Regarding the access road, Walter Power thinks that if the Planning Board does not approve it, the City would be taken to court. Christine Sullivan stated that a cul-de-sac is a turn around street, and an access road onto it would make it no longer a cul-de- sac. Tim Ready said that the property owner will have the right to
access his/her own property.
Attorney Robert Strausnick, representing Mr. Colpitts, sent letter to the Board that states Mr. Colpitts’ concerns. Amy read the letter aloud to the Board. Christine Sullivan said he has brought up some serious issues, especially regarding re-advertising. Amy said she would look into the question of re-advertising.
o Signing of Wireless Communications Facility Special Permit Decision- 1000 Loring Ave (Map 20, Lot 7)- Fibertower, Atty Fran Parisi and Discussion
The Board had no comments; the decision was signed by Chuck Puleo
Wireless Special Permit Application Discussion
Christine Sullivan would like supporting photos instead of sketches of the site and building, as it would look with antennas. Chuck Puleo asked it had been determined if the number antennas on buildings are limited. Amy said no. Chuck said that the ordinance does encourage co-locating.
Adjournment
There being no further business to come before the Planning Board, a motion was made by Christine Sullivan to adjourn the meeting, seconded by Walter Power and approved (6-0).
The meeting was adjourned at 10:08 p.m.
Respectfully submitted by:
Stacey Dupuis, Clerk
Salem Planning Board.
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