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Approved Minutes 09/04/2008
Salem Planning Board
Minutes of Meeting
September 4, 2008


A regular meeting of the Salem Planning Board was held on Thursday, September 4, 2008, at 7:00 p.m. in Room 312, Third Floor, at 120 Washington Street, Salem, Massachusetts.

Those present were: Chuck Puleo, Pam Lombardini, Tim Kavanaugh, Nadine Hanscom, Tim Ready, Christine Sullivan, David Weiner. Also present were: Amy Lash, Staff Planner and Stacey Dupuis, Clerk.

Absent: Gene Collins, John Moustakis


Approval of Minutes

The minutes of the July 17th meeting were reviewed.  

There being no further questions or comments regarding this matter, a motion was made by Pam Lombardini to accept the minutes, seconded by Nadine Hanscom and approved (6-0).


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 October 16, 2008

Attorney Scott Grover explained that they are going to the Design Review Board with some revisions, and he’s optimistic about the outcome.  

There being no further questions or comments regarding this matter, a motion was made by Pam Lombardini to continue the public hearing to October 15th, 2008, seconded by Tim Ready and approved (6-0).


Request for a six (6) month extension for the North River Canal Corridor Special Use Permit granted April 13, 2006 and a request for the Site Plan Review and Wetland and Flood Hazard District Special Permit granted February 20, 2007 to be extended to run concurrently with the Special use permit for the property located at 28 Goodhue Street- Attorney Joseph Correnti

Attorney Joseph Correnti said this project was originally permitted on 6/2007, had 44 condo units with first floor commercial development.  Can’t get financing for condos, site itself is vacant.  They’d like to keep permits in place and are asking that wetland/flood hazard district permit run concurrently to April.  Chuck Puleo mentioned that permits could be two years as opposed to asking for six months.

Christine Sullivan moved to approve the six-month extension of the permit until April 2009.

Paul Prevey, Ward 6 Councillor, said that the project keeps getting delayed because of financing.  His issue is with the condition of the area.  He showed photos of the area taken by a neighbor.  Until ground is broken and development starts, he hopes the Board takes this into consideration.  He’d like some effort to be made to maintain the property until the project starts. Attorney Correnti said they’d agree to repair the fence and clean up the site.  Others agreed that it’s also a safety issue with having part of the fence broken.

Tim Ready asked if anyone checks the property frequently and the owner said that he goes by there every 2-½ weeks.  The fence has been repaired four times already.  David Weiner moved to grant the extension of permit with the condition that the site would be maintained.  Tim Kavanaugh suggested extending the special use permit 6 month to April 13, 2009 with a further condition on cleaning up the property i.e. trash removal, lawn in 30 days from today while Tim Ready mentioned that we’ve had good faith with this developer, he’s not comfortable putting in a condition.  Amy Lash suggested wording it “the developer agreed to cleaning site, moving…  

There being no further questions or comments regarding this matter, a motion was made by Christine Sullivan to extend the special use permit six months to April 16, 2009, seconded by Pam Lombardini and approved (6-0).  Added to that is “The developer has agreed to clean up the site in 30 days including removing the trash, mowing the lawn and fixing the fence.”

Although not a public hearing, Beverly McSwiggin of Japonica Street remarked that she had noticed that area in poor condition at one time, mentioned it to the Ward Councillor, and it was cleaned up.


Form A Application for Endorsement of Plan Believed Not to Require Approval- 0 Felt Street Way (Map 27, Lots 602, 603,604) – Attorney George Atkins

Attorney George Atkins explained that Felt St. Way is an extension of Locust St.  On the parcel being discussed, the house is in the center of the lot and they want to take a piece of land on each side of the house and conveying it to the neighbors. Size of each piece being conveyed was shown on map;  Lot F is not a separate build-able lot.

There being no further questions or comments regarding this matter, Nadine Hanscom made a motion to approve, seconded by Pam Lombardini and all in favor (6-0).


Form A Application for Endorsement of Plan Believed Not to Require Approval – 111 Highland Avenue/1 Wilson Road (Map 14, Lot 199)- Attorney George Atkins

Attorney Atkins described the property as having two existing buildings on it and the subdivision statute says you can divide a lot with two buildings on it. The front of the property on Highland Ave. is a building previously used as a gas station; the house set back on the property has a Wilson Street address; both buildings were built in the 50’s. The residential home is currently for sale to its tenants.  The commercial building in front would have to go to the Board of Appeals.

There being no further questions or comments regarding this matter, Pam Lombardini made a motion to approve, seconded by Tim Kavanaugh and approved (6-0).


Public Hearing- Amendment to Thomas Circle Plans to Allow Boulders to Remain Instead of Guard Rail- Anthony Tiro, 17-7 Thomas Circle (Map 8, Lots 20, 21, 22 & 168)

Chuck Puleo read the public hearing notice.  The original decision for this was made on 5/18/00 and then again on 7/06.  Anthony Tiro said the original plan called for a 150 ft. guardrail.  He met with two companies and both suggested that this is not an area where guardrails would be conducive.  Guardrails should be bolted in place, but because of the boulders that are there, it may not work.  So, he’s requesting an amendment to keep the boulders instead of putting in a guardrail. He moved some of the boulders to widen the street.  He thinks because of ledge, they still won’t get 20 ft width of street in some areas. He said 20 ft. is in about 95% of the street, and can’t achieve that width in some spots.  Chuck Puleo mentioned the condition of paving- the entryway of road has to be re-laid.  Mr. Tiro said he’s not at that point yet.

Amy Lash mentioned that she spoke with the building inspector and every issue has been resolved except for paving.  There is $6,000 in escrow for utility purposes and mentioned that this is not a traditional subdivision.

David Weiner noticed a footnote on the plans that showed no less than 18 ft at retaining wall and 14 ft width parts of street on map.  Nadine Hanscom clarified that when the plans were originally approved, Mr. Tiro was not the owner.  Plans were reviewed for 14ft and 18 ft width.

Meeting Opened to the Public

Susan Howland, 3 Thomas Circle/6 Thomas Circle, said in 2006 it was agreed to change the water line along with the utility poles.  She went on to explain that they don’t want to widen the road, they want to protect Thomas Circle.  When her father and mother in 66/67 created their home, they were guaranteed 20 ft width at all points. She feels if boulders are removed and guardrails are put in, it would give a bit more width to the road.   Nadine Hanscom confirmed that Susan Howland wants the guardrail.  Ms. Howland mentioned that there was a ‘gentleman’s agreement’ for Anthony Tiro to file to change lot lines without any expense to the Howlands because they were going to donate some land.  

Mr. Howland, Thomas Circle, explained that the Howlands would donate to the city 4 ft of their land to make it 20 ft. He also showed on the drawing that most of the street would be 20 ft. wide, which he created years ago.  He explained the part of road in question measures 13 ft.  If you remove the boulders, it would be about 16 ft., and then with the land from the Howlands, it would be 20 ft.  Mr. Howland also believes from experience that guardrails could be put in at that location. Pam Lombardini inquired whether the 2000 decision had Fire Department requirements, the Fire Department should have input regarding road width., she’d like to se a letter from them.  Christine Sullivan stated that this is a more complicated issue than it first appeared.  It’s not just guardrails, it’s also street width.  She felt she didn’t have enough information to make a decision.  Chuck Puleo said he’ll ask Lynn Duncan review this.  If it is a safety issue, he wants to hear from the City Engineer and informed Anthony Tiro that Board has concerns.  

Nadine Hanscom asked Anthony Tiro if he was willing to take the land and make the road 20 ft. He said yes but that in some areas of the road, it will be difficult to make that width.   Christine Sullivan pointed out that Anthony Tiro is working on predated set of plan and he should make sure he has the most up to date plans.  Tim Ready understood that Susan Howland hadn’t conveyed the land to the city, she’s waiting for it to be conveyed and inquired if there is a file in process.  Anthony Tiro said the filing process hasn’t been started as Susan Howland has to go to the City Council first, then everything else will follow. However Susan Howland said that was the first she heard that she had to do something.  She’ll do it long as it’s no cost to her, and, she wants the guardrail for safety.  Anthony Tiro said he signed on 7/07 to say that he would incur costs.  A site visit will be planned.

Chuck Puleo wants to get input from the City Engineer after which Anthony Tiro said he’ll withdraw his request to keep the boulders instead of the guardrail and stated that he’ll put in the guardrail.

There being no further questions or comments on this matter, Pam Lombardini made a motion to grant the request to withdraw, with a condition to meet with the City Engineer, seconded by Christine and approved (6-0).

Continued:  Public Hearing- Site Plan Review and Drive-Through Facilities Special Permit- Snakebite Realty LLC, 142 Canal Street (Map 33, Lot 006)- Daniel DiLullo, AIA

Matthew Leidner of Marchionda & Associates LP said since the last hearing, they had a site visit; they wanted to address the outstanding department concerns so he met with Lt. Griffin and she had some questions, which he copied Amy Lash on; he called Joanne Scott of the Health Dept and she didn’t anticipate any major problems; there was a peer review which he received the results of- they haven’t reviewed all of the items on the peer review yet.

Peer reviewer discussed the utility plan; the sprinkler system; the sewer service line – state says it should be 6 inch, city says 5 inch; they’d like more detail shown on the plan as to how the water will drain from the roof; infiltration system; maintenance, they recommend semi-annual not annual.  Christine Sullivan brought up that the building is 11,000 sq ft and that this review should be on its impact on the entire site, the whole project, not just parts at a time and that there is a billboard at the site advertises an available building for rent, which doesn’t really show the project appropriately.  Pam Lombardini agrees with Christine, that this is just a piece of the project and it’s an important place, hopefully it will all be redone. Christine Sullivan added that it’s on an entry corridor and they’re trying to put a strip mall, it could be better.  

Dan DiLullo said if they were to find tenants for the second building, he doesn’t think they’re required to come before the Board for renovation of that existing building. Chuck Puleo said that if you develop part of the site, then later if they renovate the other building and don’t need the Planning Board, they might not do a good job. Dan DiLullo added that they’re trying to make the side of site more desirable and generate income; economic conditions change, schemes need to be redefined.  Dan DiLullo mentioned that it is in the owner’s best interest to have a design that incorporates the entrance corridor. Currently they don’t have commercial tenant for existing building.  

Amy Lash said the Canal St. Improvement Plan doesn’t recommend some curb cuts in a certain direction. As for parking requirements, Chuck Puleo suggested they might restrict parking usage and mentioned that the peer review is also doing driving circulation.  Lighting would coordinate with Planning Department but in terms of new lighting, Dan DiLullo said they did some layouts.

Matt Leidner mentioned that utilities are not shown because the utility company to be used would want to do it’s own plan. He addressed some points of the peer review: The 4 inch sewer can be bumped to 6 inches; infiltration system- issue on site is shallowness of ground, so they designed system for that separation; pretreatment; site circulation- they can review that; snow storage- main area is in back and on side.  The island in front is not intended for main storage.  He said their goals would be to address all of these comments and will forward this to the Planning Board.  Amy Lash mentioned that pavement of rear parking in back of building lot will probably come up at some point.


Meeting Opened to the Public

Paulette Puleo, 5 Freeman Road, asked if this would fall under PUD.  

Matt Veno, Ward 5 Councilor, was delighted to see some redevelopment.  He agrees with the Board members in that he shares the frustration of not seeing the whole vision, it would be helpful for the Board to know the future plans.  The former California Olive Oil Bldg, as an example, will be very hard to develop. He added that the owner Mr. Gattenari has been good communicating.  He had some observations: access in back of building near drive thru is tight corner to get around; for vehicular access he noted that the tile building is under used and suggested if it were to go away, it may make it more creative for access; pedestrian access- he encourages to look at sidewalk and cross access; have some synergy with the bike path- the plan is to have the bike path along the back, but on this it shows a dumpster and drive thru, would like it more bike-path friendly. He wondered if this was approved as a drive thru for a bank, could the owner use it for something else? Amy Lash explained that no, the requirements for fast food drive thru are different and they wouldn’t be met.  Matt Veno is also concerned with the quality of the building, particularly the façade of the building.  He also finds it disappointing that it would be a Family Dollar Store.

Polly Wilbert, 7 Cedar Street, supported Matt Veno’s comments.  She is also disappointed that it will be a Family Dollar Store. She encourages the Board to give South Salem what they gave Essex Street.  Jim Crosby is working hard and so is Salem State College, this project does not support the same direction.  The Planning Board is the best and last hope for the neighborhood. She encouraged them to ask for enhancement of land and other buildings.

There being no further questions or comments regarding this matter, a motion was made by Pam Lombardini to continue the Public Hearing to September 18th, seconded by Nadine Hanscom and approved (6-0).


Discussion and Vote- Recommendation to City Council on Zoning Amendment to allow planned unit development (PUD) in the Business Park Development District.

Tim Kavanaugh is in favor of special permits.  Chuck Puleo recommended sending back the recommendation along with why they approve.  He used Stop and Stop as an example- that land was industrialized that no one wanted to use before S&S.  Christine Sullivan pointed out that only 7% of jobs are in manufacturing, that’s because it’s the old economy.  The new economy isn’t like that, with PUD the city would have options geared toward the new economy.  Chuck Puleo added that the review process is open long enough.  Tim Kavanaugh agreed with Christine Sullivan, and said that the number of conflicts generated by PUD are diminutive.  Amy Lash said she could draft a letter in the morning to include the recommendation and reasons.  

There being no further questions or comments regarding this matter, a motion was made by Tim Ready to make recommendation to City Council on Zoning Amendment to allow planned unit development (PUD) in the Business Park Development District with memo, seconded by Tim Kavanaugh and approved (6-0).


Public Hearing- Site Plan Review- William Wharff, 17 North Street (Map 26, Lot 492) (formerly the Elks Lodge)- Attorney Scott Grover

Scott Grover, Attorney, representing Bill Wharff (Chris Mello was unable to attend).  Attorney Grover explained that the plan is to restore the building to its original state, making it a 7-unit condominium.  It requires multiple approvals from several Boards.  They had a neighborhood meeting; went to Board of Appeals and received variance for parking, they have 8 spaces for 7 units.  They also went to the Historic Commission, they conceptually approved the project.  Next will be the site plan review project;  they are going to the BOA on Tuesday.

Nadine Hanscom inquired about the number of bedrooms and suggested that more bedrooms may mean families in the units, which would bring more cars.  

David Jaquith, Architect, said for dumpsters they are proposing 3 or 4, stored outside.  He explained that units  are about 1200 sq ft.; they have to have stairs; there are townhouse units and the top one is a penthouse unit that they will to rebuild as Historic Salem said they could rebuild the third floor.  There is a lot of detail still in the building; the History of the building has come in; painting and detail will be important.  They will put a wrought iron fence out front, which may deter some folks from sitting on the curb at the bus stop that’s out front.  They are going to the Historic commission one more time. For parking, it will have concrete bricks with the stripes for parking in the bricks.  He spoke with Erin at the Fire Department that morning and she knows it will be a residential sprinkler system.

Meeting Opened to the Public

David Jaquith said the back of the building will be demolished and the front will be saved.  Attorney Scott Grover said they have some site area to use for staging.  They are hoping for six months for approximate length of construction time and are hoping to get the outer done and framed before the bad weather sets in.  Amy Lash said there were comments she gave to the owner. David Jaquith said lighting isn’t on the plan because they think it will be an issue with the Historic Society.  Chuck Puleo mentioned that the Board would incorporate the Historic Commission’s lighting suggestions/plan.

Nadine Hanscom asked about snow removal because it mentions “off site”, where will it go?  David Jaquith said it would be a private company to remove it so it will depend on the company hired.  Christine Sullivan wondered if there was a draft decision.  Amy Lash explained that there wasn’t a draft decision because they didn’t think there would be a landscape plan and there is no lighting plan. Prior to issuance of building permit, lighting plans must be submitted.

David Jaquith said there is no access on the side of the building. As far as the fence, he had a photo of how it looked years ago and described it as well. He mentioned that the historic commission wants lattice on certain places.  They may also have other ideas for fencing.  There will be lighting on back and side of on Eaton Place.  Chuck Puleo said there is a usual standard condition with lighting,  for extra lighting if needed.  

Chuck Puleo noticed that there is 13” between 17 & 19 North Street and wondered if they can maintain that area.  Dave Jaquith said yes they could, they can get in there for maintenance.  As for height of building, they’ll be higher than 19 North Street.  As for exterior paint colors, Dave Jaquith said the building was probably painted Victorian colors years ago; the Historic Society had some suggestions on colors.  Tim Kavanaugh suggested the Historic Commission would fill in the finer details. It’s a conceptually tremendous project.

There being no further questions or comments regarding this matter, a motion was made by Nadine Hanscom to close the public hearing, seconded by Christine Sullivan and approved (6-0).

Nadine Hanscom asked about central Air Conditioning and David Jaquith said the units have heat/central AC and the Historic Commission has few concerns with it.  Screening equipment won’t be a problem.

There being no further questions or comments regarding this matter, a motion was made by Christine Sullivan to approve the site plan for the building with standard conditions, lighting plans and incorporating comments from the Fire Department, seconded by Tim Kavanaugh and approved (6-0).


Old/New Business
·       Discussion and Vote – Change regular meeting time to 6:30- Postponed until next Planning Board meeting.

Christine Sullivan will not be able to attend the next meeting but said she would vote in favor of changing the meeting time with the understanding that if it becomes too difficult for her (as she has another meeting immediately prior to this one) they would revisit the 7 pm start time.

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 (6-0).

The meeting adjourned at 10:30 p.m.  

Respectfully submitted by:
Stacey Dupuis, Clerk
Salem Planning Board