Salem Planning Board
Minutes of Meeting
October 18, 2007
A regular meeting of the Salem Planning Board was held on Thursday, October 18, 2007, at 7:00 p.m. in Room 312, Third Floor, at 120 Washington Street, Salem, Massachusetts.
Those present were: Chuck Puleo, John Moustakis, Pam Lombardini, Nadine Hanscom, Christine Sullivan, Tim Kavanaugh, Tim Ready, Gene Collins. Also present were Amy Lash, Staff Planner, and Stacey Dupuis, Clerk.
Members Absent: Walter Power
Approval of Minutes
The minutes for the September 20, 2007 Planning Board meeting were reviewed.
On page 3, second sentence from the bottom. Walter Power was not present but some remembered him asking, “With the reduced cost of this new plan, would they still have money for offsite mitigations and improvements. Chuck Puleo said that Attorney Atkins replied that there is money still set aside and that the City should decide whether to put in an OptiCon system or sidewalks.
On page 4, second paragraph, change $100,00 to $100,000.
There was a brief discussion regarding an issue on page 1 where Nadine Hanscom questioned who is responsible for making the decision on the access road. Nadine wants to make sure that it’s presented to the City Solicitor for a decision. Amy Lash said the initial response from Gerry Parisella is that they can deny the access road. Christine Sullivan also asked who the legal body is to make the decision on the road. Tim Kavanaugh said the Planning Board is legally responsible but Nadine feels that since the City Council made the initial decision they should own it and make the final decision.
There being no further questions or comments regarding this matter, a motion was made by Christine Sullivan to accept the minutes, seconded by Tim Kavanaugh and approved (7-0).
Form A Application For Endorsement of Plan Believed Not to Require Approval- 43 School Street (Map 26, Lot 286) Lona Belanger
Amy Lash said that the plan was not ready for endorsement. It doesn’t have signature lines, space for registry recording, and it needs to be fully surveyed. Amy had a signed extension form for November 1st.
A motion was made by Pam Lombardini to continue the application to November 1st, seconded by Nadine Hanscom and approved (7-0).
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—Request to Withdraw [Project will be re-advertised for November 1, 2007 Meeting]
Chuck Puleo read the letter regarding Chapel Hill LLC to withdraw Form C.
A motion was made by Pam Lombardini to withdraw Form C without prejudice, seconded by John Moustakis and approved (7-0).
Old/New Business
o Request by the Board of Trustees of Derby Lofts Condominium Association to modify July 1, 2003 Site Plan Review Decision.
Chuck Puleo introduced Marlene Faust of the Derby Lofts Condominium Association. Marlene explained that the agreement with the City of Salem obligated them to pay for 81 parking passes (for the garage) for 1 year. There is a provision in the agreement that they could reduce this obligation if the residents find approvable spaces (about 900 ft from the dwelling and deeded). Chuck Puleo read the agreement. They have six private spaces that meet the requirements and are asking for a reduction. However, they realized they were given and paid for 82 passes this year, so they are asking for a reduction to 75 passes/spaces.
John Moustakis asked if there is any documentation for this and Marlene said yes it has been provided. Christine Sullivan asked if the six spaces are owned by RCG and if they’d be developed on eventually would they lose those spaces. Kevin Greeley, Building Manager, said RCG doesn’t own them, the condo owners own them. He also said that they fully understand the need to keep cars of streets. The actual count of cars in the building is 68, so 75 spaces is more than enough when someone new comes in and needs a space or someone needs an additional space.
Chuck Puleo said that it was intended that the easements be with the owners. Kevin Greeley said they are willing to have an order added that should any spaces leave the hand of the unit owner and be sold to someone other than another unit owner, the Derby Lofts Condominium Association would go back to the Planning Board for an increase in parking passes.
Amy drafted a draft condition. The Board can approve this tonight and the condition is that if a new owner purchases a condominium, the easement is transferred or they purchase the space as well or they again lease spaces from the parking garage.
Tim Kavanaugh said the way he understood it, a new owner has 3 options: 1-Easement has to be assigned to new purchases, 2-Obtain their own space elsewhere and provide an easement to the City, 3-Condominium association is to again lease spaces from the garage. They will record these restrictions and buyers will look at these when purchasing a unit.
Tim Ready asked who would be maintaining the six spaces that the owners have. Kevin Greeley said it’s maintained by whoever the owners hire to manage the building where the spaces are; right now it’s RCG. Gene Collins mentioned that they have been paid on during the past year, so they already have an agreement in place for maintenance. John Moustakis asked if it’s cheaper to have these spaces than the garage. Marlene said no, having these six spaces are not cheaper than being in the garage, they’re more convenient because they can’t always depend on their spaces in the garage. She said that the spaces in the garage aren’t even reserved and their spaces aren’t always there. They don’t always have a space especially in bad
weather or during October. This was new information to the Board; they said they were unaware of this. It was also mentioned that the condition of the garage is not good, it’s not maintained and doesn’t feel very safe because it’s not staffed.
Shirley Walker, Condominium Owner at Derby Lofts, addressed the Board. She explained that when she signed her P&S, it said she had one space, she changed it to two, but recently discovered that it’s not in her title. One of her concerns is that unit owners think they paid for their space, but it’s not in their deed and if they go to sell, it’s not going to be what they think. She also mentioned that some Condominium owners didn’t pay for their parking passes, so the Condo Association told everyone else that they can only get one space, but she needs two. Is there a policy in the City as to what the Condo Association is doing? Marlene clarified some things that the Condo Association will be doing as far as these spaces are concerned. Chuck Puleo mentioned that
as far as the City is concerned, the number of spaces they get is up to the Condo Association, it’s a private building and a private Board. Gene Collins said that they understand her plight but the Planning Board has limitations on the decision.
As far as spaces, John Moustakis suggested that the only thing they can do is to get in touch with whoever is in charge of the parking garage and ask about reserving spaces. Tim Kavanaugh mentioned to the present owners of the condos that there is a meeting next week of the Committee of Ordinances and Legal Affairs and that they may want to attend.
Chuck Puleo said that the current request is to modify the Site Plan Review Decision. Amy Lash has suggested language to add in… “Existing easements could be transferred, or new easements are to be provided or leased by South Harbor Garage”. Chuck Puleo added “the existing easements held by owners in units 510, 603, 604 and 607 must be assigned to the new purchasers of those units or new parking easements must be provided or required or the appropriate number of spaces must again be leased in the South Harbor Garage”.
A motion was made by Gene Collins to accept the modified Site Plan Review Decision seconded by Pam Lombardini and approved (7-0).
Chuck Puleo said they will ask for clarification as to what the process is for reserving and get more information. Tim Ready said they also need to convey their concerns about the conditions of the parking garage.
o Community Preservation Act, Joanne Fitzgerald McCrea
Joanne Fitzgerald McCrea began by stating that the Council passed the Community Preservation Act and it will be placed on the ballot. It allows a $1 surcharge on property taxes, would be an average of $32 per house and the State matches these funds at 100% right. It is a separate fund used for various items. 10% has to go to open spaces, 10% historic, 10% affordable housing, 70% recreation. Monies can be held over the year, they don’t have to use it that same year. If passed, there would be 9 people on the CPA Committee, some people from the Conservation Commission, the Historic Commission and 4 at large members. A yes vote on #1 would pass this Act.
o Chuck Puleo mentioned that the Beverly Co-Op Bank was supposed to put screening on their roof. The last time he was at Derby Loft and looked at the bank, it still wasn’t there. Would like this to be looked into.
o Chuck Puleo discussed tentative plan that was sent regarding Chapel Hill LLC showing Clark Ave and Clark St. He suggested that maybe the Board should take a walk through with Chris Mello. Christine suggested they wait until after October and asked if they will be getting answers to all of their questions. Amy has a letter with all of the questions to Jack Keilty. Amy will give Jack a heads up that they want to do a site visit.
o It was mentioned that Salem Suede project has been approved and they will be coming to the Planning Board soon. They will be filing with Conservation Commission soon.
Adjournment
There being no further business to come before the Planning Board this evening, a motion was made by Tim Ready to adjourn the meeting, seconded by Tim Kavanaugh and approved (7-0).
The meeting was adjourned at 8:15 p.m.
Respectfully submitted by:
Stacey Dupuis, Clerk
Salem Planning Board.
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