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Approved Minutes 09/18/2008
Salem Planning Board
Minutes of Meeting
September 18, 2008

A regular meeting of the Salem Planning Board was held on Thursday, September 18, 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, Nadine Hanscom, Tim Ready, David Weiner, Gene Collins. Also present were: Frank Taormina, Staff Planner and Stacey Dupuis, Clerk.

Absent: Christine Sullivan

Public Hearing- Wireless Communications Facility Special Permit- Metro PCS, 1000 Loring Avenue (Loring Tower) (Map 20 Lot 0007)- Kristen LeDuc

Kristen LeDuc, Metro PCS, explained that Metro PCS would be installing 6 wireless antennas, which will be concealed.  There will also be equipment space concealed by a faux wall, blended to match the building and all related equipment would match as well.  The wall is made of fiberglass material and there will be enough space for monthly maintenance of equipment.  Nothing will exceed the height of anything else on the building.

Public Comments

There being no further questions or comments regarding this matter a motion was made by Gene Collins to close the public hearing, seconded by John Moustakis, all approved (7-0).

Frank Taormina said in terms of standard template conditions, he removed two because they didn’t make sense in this case.  He will add maintenance and upkeep of structures as a condition as Chuck Puleo suggested.

There being no further questions or comments regarding this matter, a motion was made by John Moustakis to accept the draft decision with amendments made, seconded by Dave Weiner and approved (7-0).

Continued Public Hearing- Site Plan Review and Drive-Through Facilities Special Permit- Snakebite Realty LLC, 142 Canal Street (Map 33, Lot 0006_)- Daniel DiLullo,  AIA

Chuck Puleo began by introducing Daniel DiLullo and Bill Ross, the Peer Reviewer.  He questioned whether there have been any changes to the plans since they last met.

Matt Leidner, Marchionda & Associates LP, stated when they were last here, there were some concerns and since then, they addressed those concerns and also met with the Board of Health.  They received the peer review comments and he met with Bill Ross (Peer Reviewer) and last Friday he submitted an updated set of plans.

Matt Leidner discussed items addressed in the peer review:

1-Drainage system concern- treatment of stormwater before it goes into the system.  They are pre-treating and routing it differently and they will provide better access to the system for maintenance.  There are two landscape strips on Canal St., they depressed these strips to allow for more drainage.  Chuck Puleo asked about landscape grass with mulch islands around tree (recommend crushed stone under loam) with filter fabric.  John Moustakis asked about drainage off the property onto Canal St.  Matt Leidner explained that it converges into one catch basin.  Runoff from rear area will not go out front, it will be handled with infiltration system.  Chuck Puleo suggested they consider grading the pavement just in driveway area to divert water. Bill Ross mentioned that the grade is so minimal that you’d need a pronounced crown.  He also said they met with the City Engineer and that he does not have a concern with this; there is a South River Area drainage study in process.  

2-Utilities- The building will have sprinklers. They now show fire service on plan.  They upgraded from 4” to 6” sewer service and added a line on the plan to show were it would show up with relation to the other utilities on Canal St.

3-Unresolved- isolation valves for fire service line, they hope to hear decision on this, they may be required to put another valve in (they have no problem with putting on another one).  

4-Layout of site itself meets zoning as far as aisle width, parking spaces, etc. The aisle near Hertz is one way, the rest are two-way including the entrance. They expect bulk of users to come in front lot, they don’t see too many heading to the back.  Discussion about two-way traffic on the side of drive-thru, striping will separate lanes.  He showed on the map how users would get to the rear as well as the stop signs and lines. Idea came up to make area in rear of building one-way instead of two-way. Chuck Puleo asked about the loading dock and Matt Leidner stated that he talked with the owner who said no one uses it so he has no problem limiting it to vans.  For the loading dock, trucks will pull parallel to the building; to empty dumpster, truck will pull straight in. Rear of building dimension is 109 ft.

Dave Weiner asked about the snow storage area shown on the plan in the front of the building and Matt Leidner explained that the snow removal area will be in the back, next to the dumpster, on the existing lot, and if major storm, then trucked out.  Frank Taormina mentioned that there is a sliver of land behind the building owned by the MBTA and asked if there could be a guardrail or fence to delineate the two properties since there is nothing to delineate them.  He also mentioned that the City is negotiating with the MBTA to utilize their property to extend the Salem Bike Path through it.  The proposed snow storage area appears to be on that property, so it may not be the most practical space for snow.  John Moustakis commented that due to layout of the area, they won’t be able to plow the area, they would need to use front loader.  It was suggested to fence the back of the site until the bike path happens, then the City and the Salem Bike Path Committee may want its own decorative fence, etc.  Gene Collins suggested that if they put up a fence, the MBTA should maintain it.  Frank Taormina mentioned that it is likely the tenants of 142 Canal Street are the ones encroaching on the MBTA’s property.  He mentioned that it appears likely that the City will enter into a long-term lease agreement with the MBTA to utilize that piece of land to extend the Salem Bike Path through it.  Encroachment issues could be dealt with now or later when the City has control of the property.

After Chuck Puleo asked about curbing and said that typically there are curb cuts or slopes around areas, Matt Leidner explained that there is no proposed curbing in the back area.  Frank Taormina mentioned that he spoke with Lynn Duncan, Director of the Planning and Community Department, prior to the meeting and she is concerned with circulation and curb cuts at the drive-thru area.  Bill Ross, Peer Reviewer, pointed out that the landscape shows trees and shrubs in the back area.  Bill Ross addressed some of their concerns: the traffic circulation- he suggested making a two-way a one-way; parking to rear- the loading dock proposes some inconvenience to cars that would want to park. He feels the number of cars stacked in the drive-thru may be an issue,  any more than two cars would block a couple of spaces and any more than five would conflict with the loading dock. It was suggested that the ordinance calls for 109 ft. in a drive thru, which would give enough room for six cars, including the one being served.

The sidewalk in front will have vertical granite curbing along side and wheel stops pinned to pavement; on the islands there will be vertical granite.  There is a new divide shown on the plans.  Where there is lower grade, rip rap will be put in which will create a boundary; also, there is an existing building with a small 18 ft wall, they are proposing to fix this small wall to act as boundary.

Public Comments

Frank Taormina mentioned that the Director was also concerned with curb cuts.  Bill Ross said the existing curb cuts don’t meet the guidelines because they are too close together and too wide. However, since they already exist, his discussion with the City Engineer was that they don’t need to replace them.  Frank Taormina said that the Director’s other concern is the parking in the rear of the building, the required parking spaces, and the improvements to the parking lot.  Bill Ross said the road is passable and that they are proposing more spaces than needed; they will improve the area and strip each parking space.

Chuck Puleo reminded all that at the last meeting, they discussed remodeling of the building and how that they could remodel/reface the building and whether they wouldn’t need to go back to the Planning Board for site plan review.  Matt Leidner recalled differently, that a few weeks ago Amy read the section which said they would need to come back for site plan review if there is a change in use or if they redevelop of remodel the existing building. Discussion ensued regarding discrepancy in the interpretation.  Some thought if you’re adding or remodeling it would trigger site plan review, or just refacing or remodeling.  Frank Taormina mentioned that this property is located within an entrance corridor and the Entrance Corridor Overlay District Ordinance augments local zoning and requires that any new construction over 2,000 sq ft would trigger site plan review. Verbiage was found and read from the zoning ordinance “no structure or premises exceeding 10,000 sq ft shall be constructed, reconstructed, enlarged, altered or used except in accordance with Site Plan submitted to and approved by the Planning Board”.  Chuck Puleo said that it that is true, if tenants change and uses changes, the Planning Board should have seen numerous site plans instead of viewing their first for this property.  Matt Leidner wondered if the Planning Board could put it in as a condition.  Frank Taormina agreed to look into this for the Board and get clarification from the Building Inspector, who is the Zoning Enforcement Officer for the City.  

Tim Ready suggested the Board look at the presentation of some areas and move forward.  Chuck Puleo said that circulation should be figured out and that, as to whether changing the building later on triggers a site plan review, he wants an opinion this. John Moustakis feels they need to at least upgrade the road so that people can get into the parking area, they have agreed to fix the road that leads to some parking spaces.    

Matt Veno, City Councillor, asked if the lighting plan had been submitted.  Dan DiLullo said that it had been and the Board Members each have a copy of it.   

As for traffic circulation, Matt Leidner doesn’t see the proposed circulation plan having any negative impact.  He explained and showed the circulation- in the front, you can enter & exit; cars can go around back and next to drive-thru.  Chuck Puleo wants to see stop lines and signs before exiting to Canal St. Discussion about congestion in the bottom stack of cars near the drive-thru. Gene Collins said there’s almost 30 ft visibility.  Chuck Puleo suggested that the spaces in back could be designated as employee parking. If they agree to make area from the dumpster out to front of building one-way, that may alleviate the problem. Tim Ready suggested they make sure there is a consensus between Matt Leidner and the Peer Reviewer.

Frank Taormina said the plans (which are in response to the peer review report) were submitted on Friday and the peer reviewer’s letter was submitted hours prior to the meeting, so a decision has not been drafted yet. Frank mentioned that if the meeting were to close tonight, Lynn Duncan suggested that those outstanding items be contingent upon approval and the plans would also need to be revised to reflect the changes.  Matt Leidner suggested that there are small, minor issues that they can address and he can make changes on mylar that they’ve agreed to.

Dan DiLullo commented that winter is coming and they’d like to get utility work done prior to that.  He suggested that if the Board approves tonight based on the conditions, they’d update the plans and at the next meeting they could sign the mylar.  

Pam Lombardini mentioned that the applicant needs to put together mylars for signature prior to the board closing the pubic hearing, so the Board really couldn’t entertain closing the public hearing until that was done. She stated that it would be cleaner if the plans and mylar were revised to reflect all the changes discussed tonight for signature and a draft decision was produced by the City.  She recommended that the public hearing be continued till Oct 16th.  

Nadine Hanscom echoed Pam Lombadini’s sentiments and agreed that the meeting has to be continued.

There being no further questions or comments regarding this matter, a motion was made by Pam Lombardini to continue the Public Hearing on October 16, 2008, seconded by Tim Ready, and approved (7-0).


Approval of Minutes

The minutes of the September 3rd Joint Public 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 (7-0).

The minutes of the September 4th meeting were reviewed.

Page 3, change David’s name to Weiner (not Weinberg).  On Page 5 change Paula to Paulette Puleo and Holly (Wilbert) to Polly (Wilbert) and add 7 Cedar Street as Polly’s address.

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 (7-0).


Old/New Business
·       Salem Renewable Energy Task Force- Discussion of proposed Wind Energy Turbine Ordinance-
Tom Watkins from the Mayors Office, Rob Desrosier and Adam Seigler were present.  Tom Watkins explained that they worked with Amy Lash and Lynn Duncan to prepare this Wind Turbine Ordinance. To develop this, they looked at what other city and towns have done and they also used a model from the state.  Amy did a lot of research work, then they all met to develop the ordinance.  Frank Taormina mentioned that this is just an informal discussion.  They will submit to the Ordinance to City Council and there will likely hold a Joint Public Hearing with the Planning Board.  Following that Joint Public Hearing the City Council will ask the Planning Board for their recommendation prior to the City Council voting on the ordinance proposal.  

Chuck Puleo pointed out that on their chart they have restricted this to commercial and industrial zoning districts.  They totally avoided B2 -residential districts as potential sites for wind turbines. Chuck believes that their could be some suitable locations in B2-residential zoning districts for these facilities and residential developments that could benefit from this sustainable technology.  He asked if the Planning Board could look at other possible spots that meet the size requirements. He mentioned that perhaps by Special Permit these facilities could located in some residential zoning districts. Chuck asked who the Special Granting Authority (SGA) would be, in these instances?  Frank Taormina pointed out that the draft ordinance states that the Planning Board would be the SGA.

·       Discussion and vote to change regular scheduled meeting time to 6:30 pm- Chuck Puleo reminded all that at the last meeting, Christine said she would agree to the time change provided if it became too difficult for her (she has another meeting prior), they would reconsider changing it back.  Pam Lombardini would like the earlier time.

There being no further questions or comments, a motion was made by Tim Ready to change the meeting time, seconded by John Moustakis and approved (7-0).

        This time change will start with the next meeting, October 16, 2008.    

        (Dave Weiner was not present for this part of meeting)

·       Thomas Circle- Outstanding issues- Chuck Puleo had a prior conversation with Frank Taormina on these issues. Frank Taormina reviewed the file and found violation letters from the Tom McGrath, City Assistant Building Inspector.  Tom McGrath is out this week, so Frank wasn’t able to confirm whether violations has been resolved or not and he requested that this item be tabled to the next meeting.  Chuck Puleo said the main issue is the width of the road and violations with their MOU with the City. Chuck Puleo commented that he doubts the Planning Board would have approved this if they knew the road couldn’t be widened.  Board agreed that item be tabled until Frank could touch base with the Building Inspector to confirm status.


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 Pam Lombardini and approved (6-0).

The meeting adjourned at  9:08 p.m.  

Respectfully submitted by:
Stacey Dupuis, Clerk
Salem Planning Board