Salem Planning Board
Minutes of Meeting
July 17, 2008
A regular meeting of the Salem Planning Board was held on Thursday, July 17, 2008, 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, Tim Kavanaugh, Gene Collins, Tim Ready, Christine Sullivan. Also present were: Amy Lash, Staff Planner and Stacey Dupuis, Clerk.
Absent: Nadine Hanscom
Approval of Minutes
The minutes of the June 4th meeting were reviewed. A motion was made by Christine Sullivan to accept the minutes, seconded by Tim Kavanaugh, and approved (7-0).
The minutes of the June 5th meeting were reviewed.
Chuck Puleo said on page 2, next to last paragraph remove “no matter what goes there”. Also on page 2, reword to say John Carr was recognized to speak on a point of fact. Christine Sullivan said first and last names should be used consistently.
There being no further questions or comments regarding this matter, a motion was made by Pam Lombardini to accept the minutes, seconded by Christine Sullivan, and approved (7-0).
Continued: Public Hearing- Site Plan Review, Wetlands & Flood Hazard District Special Permit, and North River Canal Corridor Mixed Use District Special Permit- Riverview Place LLC, 72 Flint Street, 67-69 Mason Street & 71 Mason Street (Map 26, Lots 91, 95 & 97) (formerly Salem Suede)- Attorney Scott Grover- Request for Continuance to September 4, 2008
Amy Lash had letter from Attorney Scott Grover requesting continuance of the public hearing to September 4, 2008. The letters also requested an extension of the deadline for final action until September 18, 2008. Amy said they will be going before the DRB in August.
A motion was made by Christine Sullivan to continue the public hearing to September 4th, 2008 and extend the deadline for final action to September 18, 2008, seconded by Pam Lombardini and approved (7-0).
Public Hearing- Wireless Communications Facility Special Permit- Metro PCS, 12 Pope Street (Map 35, Lot 308)- Kristen LeDuc
Kristen LeDuc of Wellman Associates, Inc., for Metro PCS and Franz Pierre, RF Engineer was also in attendance. Kristen LeDuc explained that Metro PCS is a new wireless carrier, planning to provide people to talk with no contract, no service charge, etc.
They propose to put 5 antennas on the penthouse at 12 Pope Street. One antenna will be concealed within a faux chimney. The related equipment will be contained behind a faux fiberglass 10 ft. wall so that it would mimic a penthouse. All antennas, faux chimney and faux wall will be painted to match the existing penthouse/roof. Christine Sullivan said that there should be a condition in the approval that states that they will maintain the paint should it chip or peel. Amy Lash will add into the decision “The applicant, his successors or assigns shall maintain paint on all equipment, and structures that the applicant installs on roof.” John Moustakis pointed out that in Kristen LeDuc’s description it says ‘5 story building’ but it’s a
10-story.
Chuck Puleo remembered that Kristen LeDuc has been to the Planning Board prior to this for other locations and asked if those sites have been constructed. She explained that they haven’t been, as they are waiting to get approval for all sites.
There being no public comment or further questions or comments regarding this matter, a motion was made by Pam Lombardini to approve the Special Permit, seconded by Christine Sullivan and approved (7-0).
Public Hearing- Wireless Communications Facility Special Permit- Metro PCS, 27 Charter Street (Map 35, Lot 308)- Kristen LeDuc
Kristen LeDuc of Wellman Associates, Inc., for Metro PCS and Franz Pierre, RF Engineer was also in attendance. Kristen LeDuc explained that Metro PCS proposes to put 6 wireless antennas on the penthouse. The related equipment would be behind a 10 ft wall and all will be painted to match existing roof/penthouse. The connection will be through coaxial cables and the equipment will be off the ground.
Chuck Puleo pointed out on the drawing a door that is near where they would be installing their equipment and asked if Metro PCS would be willing to paint the door while they were painting the equipment. Kristen LeDuc said as long as OSHA doesn’t say it has to be a certain color; she doesn’t see it to be a problem with painting the door. Christine Sullivan suggested adding the door, as well as the wording about successors and assigns to the condition. Amy Lash will reword similar to the conditions for the previous site. Chuck Puleo said that if they can’t paint the door, they should get a letter stating why.
Meeting opened to the public
There being no public comment, a motion was made by Christine Sullivan to close the public hearing, seconded by Christine Sullivan and approved (7-0).
There being no further questions or comments from the Board, a motion was made by Christine Sullivan to approve the Special Permit, seconded by Christine Sullivan and approved (7-0).
Christine Sullivan asked Amy Lash if there is a community that has a different process for obtaining Special Permits available so that the Planning Board doesn’t have to spend time on such issues. Gene Collins said it was set up this way, so that the Planning Dept. would do preliminary work and then it would go before the Planning Board. Amy will do some research on this. Tim Kavanaugh said if something requires a Public hearing, then it needs to go before a Board. Amy Lash said one thing they may be able to do is add a text amendment to say “allows substitutions of equipment without Planning Board approval” right now it states that any changes need to come back to the Planning Board.
Public Hearing- Site Plan Review and Planned Unit Development Amendment to Previously Approved Plans- Old Salem Ventures LLC, 50 St. Peter Street (Map 35, Lot 179) – Attorney Joseph Correnti
Penn Lindsay of New Boston Ventures addressed the Board, he introduced Architect Dan Ricciarelli. Penn Lindsay said Attorney Joe Correnti will not be here, he is at the City Council Meeting.
They are proposing to phase the project into two phases. It originally contained all condominiums, but based on the market, they have changed it to some condos and some apartments. They are proposing to move forward with Phase 1, which includes restoring the existing historic buildings, the Jail and Jail Keeper’s house and rebuilding the barn; and then they will do the new proposed Alexander Building in a second phase. This is all based on market conditions, getting financing on the condominium aspect. This will accomplish all of the original goals: restore the historic buildings, have restaurant and jail exhibit and artist space, and rental apartments for five years. As market conditions permit, they would move forward to the second phase. Dan Ricciarelli showed a plan of how it would
look after Phase 1, before Phase 2. He explained the 3 buildings will be in the same place, they would build a parking lot, loam and seed, screen parking for tenants and put hedging around. When Phase 2 begins, they will remove the hedging and place it around the site.
Christine Sullivan questioned the requirement for the historic tax credits, do historic properties be rental properties for five years to qualify? Penn Lindsay confirmed yes. Christine Sullivan asked if they were granted this change, when would they break ground? Penn Lindsay said they’re in the process of closing, so they estimate the beginning of September.
John Moustakis asked if there is a chance it could take 5 years for Phase 2 with the way the market is going. He is concerned that the construction of Phase II will disrupt traffic, etc. again. Penn Lindsay said the timeline for Phase 1 is about one year. John Moustakis asked for them to write out how they’re going to plan for Phase 2. John Moustakis said there is a lot going on with the Courthouse project and roadway work. Dan Ricciarelli said they can put it in a memo (ex., staking, layout, trucks). Chuck Puleo is concerned about opening streets up for pipes. Dan Ricciarelli said they would be doing all that during Phase 1. Amy Lash mentioned that the during the construction of Phase 2, there will be a loss of on-site parking which will need to be addressed. Dan
Ricciarelli said they would put a construction plan together. Chuck Puleo asked about the access path to the driveway (near the bypass road) and also, what’s shown on the plan for this, is that what is being proposed or is it going to happen?
Penn Lindsay said what is on the plan is what they’re proposing, but it’s not what MassHighway is in the process of building. They have been speaking with MassHighway to determine how to work together. He also said told them they’re going to install the path the way it was designed, because permits are already in place, and then later the City can rip it out. Penn said they’re proposing to figure out how to stay within permits and also install pedestrian walkway. Gene Collins said the area in front is bigger than proposed or thought it was. He also said the access they’re referring to starts at the cemetery wall and a park blocks the access to the driveway. Chuck Puleo mentioned that they will need access to a dumpster and driveway. If it’s blocked, how
will that affect them getting a permit? There is concern over the size of the front park area and the upkeep of it. Dan Ricciarelli said once it reverts back to the City, then the City has control over what they can do, he does not know when this will be. Amy Lash will check with Lynn Duncan on this. Gene Collins asked that on the backside where the carriage house is, where the graveyard is, will that be maintained so as to protect the cemetery? Christine Sullivan emphasized that this is an important project to the City and they’re good developers.
Meeting opened to the public
David Moison (45 St. Peter Street) asked where the parking would be during construction? On site or in the garage? Penn Lindsay said for Phase 1 it would be on site.
There being no further questions or comments regarding this matter, a motion was made by Gene Collins to close the public hearing, seconded by Pam Lombardini and approved (7-0).
Amy Lash had a draft amended decision. Gene Collins brought up about the permitting process- that it doesn’t have to be 2 phases. They can do it all at once and pull what they need as they go. Amy Lash said she spoke with Lynn Duncan about the special permit, it’s good for 2 years once it’s granted, once the original building is renovated that would count as substantial use of the permit so the permit would not lapse. However, New Boston may chose to request an extension of the permit anyways if they have not started the second phase at this time. John Moustakis said the Planning Board should request them to come back because the Board may have questions on Phase 2. Tim Ready felt that the Board was asking questions that the developer is not prepared or capable of answering. John Moustakis said he is asking when they’re ready for Phase 2, they come in with a staging and parking management plan since it’s a whole new construction project. Penn Lindsay said they would accept a
condition requiring that they do so.
Amy Lash asked how the developer would handle 4d of parking section? Penn Lindsay suggested changing it to “For a period of 2 years during construction of Phase 1”. Christine Sullivan asked for correction of how many units, Penn Lindsay explained that there are 23 units, 19 in the jail, 3 in jail keepers house and 1 in the carriage house. Amy Lash said in the draft decision she made a change so that documentation of parking passes for the seven resident spaces don’t have to be provided until Phase 2. The Board of Health conditions have been included this time, since Board of Health approval happened after the last amendment. Fire Department requirements will be attached again.
There being no further questions or comments regarding this matter, a motion was made by Pam Lombardini to amend the previously approved plans, seconded by Gene Collins and approved (7-0).
Public Hearing- Site Plan Review and Drive-Through Facilities Special Permit- Snakebite Realty LLC, 142 Canal Street (map 33, Lot 006)- Daniel DiLullo, AIA
Dan DiLullo of DiLullo Associates, Inc. addressed the Board and introduced Matthew Leidner of Marchionda & Associates. Dan DiLullo explained that 142 Canal Street has two existing buildings. They propose to construct a new building in the middle of the lot. The front part of site is in the Canal Street Overlay District, which puts them under certain requirements. Matt Leidner said they propose part retail use and part bank use. It’s a 3 ½ acre site and the project encompasses only ½ acre of the site. The existing buildings are 25000 sq ft/2500 sq ft respectively, and the building they’re proposing to build will be about 1100 sq ft. The areas in front and on the side of building are paved, they’re proposing to expand the parking area and pave the side and
back; they’d overlay the existing pavement and restripe. The building would have 69 spaces, distributed throughout the parking area. In front on Canal Street the paving goes right into the sidewalk. They plan they plan to take this out and put in a 5-foot wide landscape strip, which would emphasize the sidewalk.
They have put the dumpster in back, so it’s not visible from the street. Gene Collins inquired about the drainage area since Canal Street has flooded in the past. Matt Leidner said he met with Dave Knowlton, City Engineer, who said that he does want additional runoff on the street. So, they made an underground infiltration- the entire rooftop and expanded parking area will go into new infiltration system. He said they tested the area and the soil and area are excellent for this type of drainage. The site is very flat, with a gentle grade up to Canal St- it wasn’t difficult to pitch the roof back and take new water. They’re not adding to the runoff on the street and they’ll be taking some component away (some from the back area). Gene Collins said that this area is not
the height of the problem, it’s more towards McDonald’s that’s the problem. Christine Sullivan added that it’s the whole street through the O’Keefe Center.
Chuck Puleo asked about building height and Matt Leidner said the new building is consistent with the buildings that surround it and added that it’s not in the 100 year flood plan. Chuck Puleo said there are currently some spaces at the Hertz that are being used. Matt said yes, some spaces they’re proposing are next to the existing building though are more than enough spaces provided – existing and proposed. Matt said 69 spaces will satisfy the new proposed building, the 80 plus in the rear will satisfy the remaining.
Amy Lash had comments from the Building Inspector. One comment is that parking is not allowed as a standalone use, only as a use incidental to the principal use. If there is parking on site that is a standalone use, this may hinder the applicants ability to pull a building permit. Also Amy Lash understands from the Building Department that one of the attendants in the existing building doesn’t have an occupancy permit, again this would be an issue that may hinder the building permit process.
John Moustakis asked about traffic flow. Matt Leidner showed the drawing and said both curb cuts will be two-way. Cars for the bank drive thru will go to the right and then around back, which will give plenty of room for cuing. John Moustakis is concerned with both curb cuts being two-way that it might get confusing. Amy Lash said the Fire Prevention Officer is concerned with getting around the building; Amy will give Matt Leidner the contact number for her. Chuck Puleo mentioned that there is a new drive-thru ordinance and asked if they’re providing enough cuing space. Matt Leidner said it’s a single window drive up, and with the space behind and to the side of the behind, it will allow for plenty of cars. Chuck Puleo also said the Fire Department will want a clear 18
ft. to get through.
Pam Lombardini requested a site visit and Christine Sullivan agreed. Christine Sullivan explained that the Canal Street is a very important entrance corridor. She said they’re trying to do more along the sidewalk and not have buildings set back from the street such as this project is proposing. She would like to know the Planning Department’s position on this particular building, what Canal Street should look like. Amy Lash said she brought the preliminary Canal Street Improvement Plan for the Planning Board members review. She said there are some non-conforming issues on the site such as the curbs cuts and a chain link fence along Ocean Ave, which is not allowed in an entrance corridor. The City would like to see the property come as close as possible to conforming to the
Zoning Ordinance through the Site Plan Review. Christine Sullivan questioned the building placement. Amy Lash said there are setbacks the applicant needs to comply with. Amy Lash said another on going City project to be aware of is the bike path extension which will be at the rear of the property on the MBTA land.
Christine Sullivan said that there are a lot of things in play, and which is appropriate? Gene Collins wondered if this project comes under Design Review. Amy Lash said no. Gene Collins questioned the number of owners and parcels. Matt Leidner said it’s one parcel, one owner and the building is designed for business use. Dan DiLullo added that it’s the owner’s intention to dress up the existing building. The current tenants are at-will and the intent is to get a higher scale tenant. He also mentioned that they are proposing more for beautification. John Moustakis agreed with Pam Lombardini’s suggestion to visit the site.
Meeting opened to the public
Polly Wilbert (7 Cedar Street, member of South Salem Neighborhood Committee) is concerned about whether this is going to provide a sidewalk. Also, the California Olive Oil Co. building is there, will this project put a strain on that building leaving it with no parking? She said that Canal Street should be upgraded, be walker friendly. She’s concerned with constraints for the Fire Department and feels this property has not been an asset, it has deteriorated. They would like it to be high quality development. The owner of this property also owns 127 Canal Street which is residential and they pulled the Police Records for him and found that there were quite a few problems for this building/owner. They want it to be attractive. As for a sidewalk, Chuck Puleo said that on the plan it does
show vertical granite curbing. Matt Leidner said the existing sidewalk is not impacted. In fact, they will emphasize that sidewalk with a 5ft stretch of landscaping. Christine Sullivan said concrete sidewalks are shown on the Canal Street Improvement Plan.
Jim Crosby (125 Canal Street) said there’s a sign on the property listing development and a website which shows other new buildings. Is what’s shown on the website what will be going there? Dan DiLullo said there have been proposals that involve tearing down the existing buildings and putting up new. The plan right now is to develop the new building being presented.
A site visit was scheduled for August 9th at 9 a.m. It will be a public site visit and will be posted. Amy Lash said N.E. Civil Engineering will be performing the engineering peer review.
There being no further questions or comments, a motion was made by Pam Lombardini to continue the Public Hearing to the next meeting on September 4th, seconded by Tim Kavanaugh and approved (7-0).
Old Business
· Chuck said the Beverly Co-Op Bank screening still hasn’t been installed. Amy Lash spoke with Bill Howard who said at the time the project was approved, he believed there was an approved screening plan. Amy Lash said the Planning Department does not have record of a screening plan being approved and because the property is in the Urban Renewal District the screening will need to be reviewed by the DRB. Bill Howard is meeting with Lynn Duncan on this issue.
· Regarding the property Essex Street (next to CVS) which John Moustakis brought up. Amy Lash said the Building Inspector is going to send the property owner a violation notice since the curb cut that is being use was never approved. Chuck Puleo believes they also broke the sidewalk.
New Business
· Pam Lombardini proposed moving the Planning Board meetings to 6:30 pm in the fall and winter so that members get out a little bit earlier. Most members said they would consider it. Christine Sullivan has a meeting with another Board on the third Thursday of every month and on that night, she may be a few minutes late for the Planning Board meeting. Tim Ready suggested they discuss this proposal at the September meeting, all agreed.
· David Weiner will be rejoining the Planning Board, he will likely be at the September meeting.
· John Moustakis said regarding Phase 2 of the Jail, he brought up the issue of staging because the Derby Lofts staging blocked streets and lots, it was terrible and shouldn’t be allowed to happen again. Also, he believes the by-pass road will be open at the end of August and possibly part of it in a week.
· Chuck Puleo commented that the City upgraded the website for the Planning Board, it looks good, and it still included Walter Power’s name which is nice.
· Amy Lash said the comment period for the City of Peabody’s Flood Mitigation Project has been extended.
· Amy Lash said there is a proposed text amendment to allow PUDs in the BPD Zone. There will be a joint public hearing, she will contact everyone regarding the date.
Adjournment
There being no further business to come before the Planning Board this evening, a motion was made by Pam Lombardini to adjourn the meeting, seconded by Christine Sullivan and approved (7-0).
The meeting adjourned at 9:05 p.m.
Respectfully submitted by:
Stacey Dupuis, Clerk
Salem Planning Board
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