Salem Planning Board
Minutes of Meeting
October 16, 2008
A regular meeting of the Salem Planning Board was held on Thursday, October 16, 2008, at 6:30pm in City Hall Annex, Room 312, at 120 Washington Street, Salem, Massachusetts.
Those present were: Chairman Puleo, Tim Kavanaugh, Nadine Hanscom, Tim Ready, David Weiner, and Gene Collins. Also present were: Frank Taormina, Staff Planner and Stacey Dupuis, Clerk.
Absent: Christine Sullivan, Pam Lombardini and John Moustakis
Approval of Minutes
The minutes of the September 18th Meeting were reviewed.
Page 5, paragraph under “Old Business” change “residential” to “B2 Districts”.
There being no further questions or comments regarding this matter, a motion was made by Tim Ready to accept the minutes, seconded by Dave Weiner and approved (5-0).
Continued Public Hearing- Site Plan Review, Wetlands and Flood Hazard District Special Permit, & 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 0091, 0095 & 0097) (former Salem Suede Property – Attorney Scott Grover
Chairman Puleo read a letter submitted by Attorney Scott Grover requesting the continuance of the public hearing and an extension of time for Planning Board to act on this application to November 6, 2008.
There being no further questions or comments regarding this matter, a motion was made by Tim Kavanaugh to approve the continuance and extension to November 6th (Nadine Hanscom mentioned that she is unable to attend the November 6th meeting, however there will still be a quorum) Seconded by Tim Ready and approved (5-0).
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 & Matthew Leidner, PE
Paul Marchionda of Marchionda & Associates LP said that mylars were submitted earlier this week. He mentioned that he received a copy of the draft decision and asked the board if they would rescind the condition regarding striping the parking spaces behind the existing building. Chairman Puleo said the Board is concerned that if they change uses to that building. He reminded everyone that they had a discussion previously about further development, and by right, the ability to make changes without Board approval; he had asked Staff Planner Frank Taormina to look into this issue. Frank Taormina said the he had a conversation with the Building Inspector and he explained that a change of tennant space use within the existing building will not trigger Site Plan Review, however, demolition of or an
addition to the existing building (which is larger than 10,000 sq ft or 2,000 sq ft for portions within an Entrance Corridor) would trigger Site Plan Review. Dave Weiner asked if they could approve the proposed new building project subject to the property owner having to stripe the required parking spaces for the existing building, if they make changes on the existing building.
Paul Marchionda said what they’ve talked about the property owner’s vision to demolish the front part of the building, essentially square it off and to make some façade changes. He said they don’t want a fight with the Board, and would stripe the parking if they had to, they just feel it is a waste of money and time. Chairman Puleo suggested some repairs should be made to the lot as they noticed holes, etc at the site visit. Gene Collins agreed and thought it had already been mentioned that clean up of the lot would be done. He then suggested that if the lot is that bad, striping would be a waste of money because it wouldn’t last through the winter. Instead, he suggested posts to delineate rows in the parking lot. Chairman Puleo discussed circulation in regards to
whether there is access to the back. Paul Marchionda said there is access, but it wouldn’t make sense for folks to go back there. Frank Taormina mentioned that he spoke with Anthony Gattineri, the property owner, and that he discussed the purpose for striping the parking spaces in the rear of the existing building to satisfy City Zoning requirements. The owner said he has stamped engineered plans that depict the required spaces and that should satisfy the City requirements.
Tim Ready is not sure the Board should ask them to stripe if it won’t last (not worth it due to condition of lot) and possibly have the Board accept plans and deal with striping in the future, it sounds like they plan on making façade changes, which means they would be back before the Board. Tim Kavanaugh would like to see potholes taken care of and maintained. He doesn’t see the striping in back as a critical component. As part of the draft decision, Chairman Puleo saw language that said parking spaces alongside of building are used by the Hertz bldg. Paul Marchionda said that all responses to the Peer Review were incorporated in plans and Frank Taormina said everything was cross-referenced between the City and the Peer Engineers; the Planning Department has reviewed everything. Chairman Puleo suggested adding to #13 on the draft decision for the HVAC unit, to install screening prior to the issuance of a Certificate of Occupancy. For #15, for the front loading dumpster,
suggest some kind of screening fence/gate.
Tim Kavanaugh reminded that at the last Planning Board meeting, they discussed fencing along the entire property line, abutting the MBTA’s property which the City is negotiating to utilize to extend the Salem Bike Path through. He mentioned that he didn’t see those changes made to the plans, instead the fencing would be limited to 150 linear feet and only behind the new building. He assumed when they talked about the fence that it would extend the entire length of the property line and that all the encroachment issues would also be resolved. He would object to a 150 ft fence because it only addresses part of the problem. Paul Marchionda showed on the plans where the fence would start and end. It was remarked that if any part of the fence is open, it allows people to encroach onto the
MBTA’s property. Gene Collins said that fencing the entire property line may block access by the MBTA onto their own property and that this should really be coordinated with the MBTA. Frank Taormina stated that he has walked the MBTA’s property several times and that there is an access gate at both ends of the property to allow access without the MBTA having to cross through the 142 Canal Street property to access its property. Some Board members felt that they were fighting the MBTA’s battle. Chairman Puleo explained that it is in everyone’s benefit to fence that area, it’s a safety issue and the area back there looks terrible.
Some discussion about abutting properties that are fenced off, such as DiLisio Landscaping property (off of Broadway Street) where the fence goes to the property line and then gets shaky near the MBTA area/property. Nadine Hanscom suggested the owner could put a fence with a gate (locked) to allow access. Chairman Puleo remembered the offer of clean-up the area and put up a fence at the back area and then it would be the MBTA’s responsibility thereafter. He suggested the area to fence to keep areas segregated and showed it on the map. Frank Taormina mentioned to the Board members that this is an opportunity to resolve this issue, but they are not obligated to do so. He mentioned that if it is not resolved here, that the property owner will likely have to deal with it legally, with the
MBTA and/or the City in the near future. He added that the MBTA is now aware of the encroachment and it is on their radar screen. Tim Ready suggested that this is an opportunity to put up a fence as Chairman Puleo suggested.
No Public Comments were taken.
There being no further questions or comments regarding this matter, a motion was made by Dave Weiner to close the Public Hearing, seconded by Nadine Hanscom, and approved (7-0).
Frank Taormina went through the Draft Decision highlighting some items: Section 18- applicant shall record at least sheet 4 of 7 of the Approved Site Plans at the Registry of Deeds. Nadine Hanscom suggested putting in wording so that in the future, if they do something else with the building or parking, they need to re-stripe in case they don’t need to come back before the Planning Board. Frank Taormina will add “At such time that the parking area in back is resurfaced or repaved, applicant is required to stripe 80 spaces”. It was also suggested to add a fence as condition 18C, “Fence shown on sheet 4 of 7 of the approved plans behind the proposed retail building shall tie into northwest corner of existing building and southwest corner of California Olive Oil building at 134
Canal St. Applicant is permitted to install access gate.”
There being no further questions or comments regarding this matter, a motion was made by Nadine Hanscom to accept the draft decision as amended, seconded by Tim Ready and approved (5-0).
Dave Weiner suggested putting in date that plans are amended.
There being no further questions or comments regarding this matter, a motion was made by Nadine Hanscom to approve site plan review and drive thru facilities at 142 Canal St., seconded by Tim Ready, and approved (5-0).
Form A Application for Endorsement of Plan Believed Not to Require Approval (ANR) – 13 Fort Avenue (Map 41, Lots 0240 & 0241) – Attorney Peter Arvanites
1. Attorney Phil Durgin (works with Peter Arvanites) said they’re trying to clear up a title problem that expands years back. It was discovered when they were putting together a Purchase & Sales Agreement. He added that the property swap was never recorded properly. Last week, Beth Rennard, City Solicitor, went before the City Council and got a vote to convey property shown on the plan to the applicant to resolve the City’s and the applicant’s title as such: 15 Fort Avenue (Map 41 Lot 0241) owned by the City of Salem and shown on the Plans as Parcel B (1,181 sq. ft.) is to be conveyed by the City of Salem to Ralph C. Martin, Jr. and combined
with 13 Fort Avenue (Map 41 Lot 0240) shown on the Plans as Parcel C (4,705 sq. ft.) to form a single 5,886 square foot contiguous parcel.
A portion of 13 Fort Avenue (Map 41 Lot 0240) shown on the Plans as Parcel A (2,000 sq. ft.) owned by Ralph C. Martin, Jr. is to be conveyed to the Salem Housing Authority and combined with 1 Lee Fort Terrace (Map 41 lot 0249) property.
There being no further questions or comments regarding this matter, a motion was made by Gene Collins accept application for endorsement ANR, seconded by Nadine Hanscom, and approved (5-0).
Old/New Business
¨ Chapter 91 License Application, Salem Wharf, 10 Blaney Street, City of Salem DPCD filed a Chapter 91 Application to construct a new commercial wharf at 10 Blaney Street. Frank Taormina briefly described the project and offered to make copies of the application for members of the board. Chairman Puleo and David Weiner asked for copies.
¨ Chapter 91 License Application, Kernwood Marina Public Boat Ramp, City of Salem Park and Recreation Department filed a Chapter 91 Application to reconstruct the existing boat ramp at McCabe Park/Kernwood Marina. Frank Taormina briefly described the project and offered to make copies of the application for members of the board. Tim Ready asked for a copy. Tim Ready mentioned McCabe Park is an underutilized area, that it’s a beautiful waterfront park could be used more if the City were able/willing to put some money into it and include things like public bathrooms.
¨ CPTC Planning Workshop - City of Salem can pay for workshops if any Planning Board member is interested in attending.
¨ APA Planning Board membership- APA membership, unfortunately, the City can’t pay for reenrollment fees, it is $60 a year for membership. Frank Taormina briefly explained the benefits of joining.
¨ Request for Release of Escrow, 2-5 Water Street, Maritime Townhomes - Developers has a number of outstanding items, which it has addressed and completed. Fay, Spofford & Thorndike (FST) is on contract with the City for clerking the project and they have inspected the work and agreed that it has all been completed. Frank mentioned that the Developer has one remaining item, which is Final As-Built Plans. Frank recommended that the Board approve the release of escrow ($46,625) once the City obtains the final As-Built Plans. There being no further comments on this matter, Nadine Hanscom made a motion that funds are to be released after City
gets the as-built plans, seconded by Tim Ready and approved (5-0).
¨ Thomas Circle, Brief Report on Outstanding Issues- Frank Taormina reviewed the file and spoke with the City Assistant Building Inspector regarding the building violations. Currently, there is $6,247.73 in escrow held by the City for installation of utilities only. There were a number of building violations, and to date, all the building violations have been addressed. The width of roadway is still a concern and Anthony Tiro was supposed to establish an easement under and MOU but that hasn’t been done. Chairman Puleo reminded all that at a previous meeting Anthony Tiro felt that even with adding the additional property donated by the residents
that the road still wouldn’t be wide enough; Mr. Tiro agreed to put up the guardrail. Gene Collins thought there were 4 lots in back, but Mr. Tiro only built on 3, the neighborhood wanted him to make the 4th lot usable because it would be more valuable. Frank Taormina said that there are two remaining issues left: the width of roadway and the outstanding issues under the MOU. The MOU issues are a legal matter and the width of the roadway, if they cannot achieve the width identified in the approved decision, would require an amendment or modification.
¨ Chairman Puleo mentioned that the HVAC screening at the Beverly Co-Op Bank still isn’t in. Last week they received a letter from Mr Howard. Frank Taormina said he will look into it. He stated that he wasn’t certain if the SRA/DRB issued a decision yet or not.
¨ Renewable Energy Task Force- Frank Taormina mentioned that the Planning Director Lynn Duncan is trying to schedule a joint public hearing with the City Council on November 12th at 6 pm to discuss the proposed Wind Energy Facilities Ordinance, which they reviewed with the Renewable Energy Task Force at the last meeting.
¨ Request for Release of Escrow, 370 Highland Ave, St. Jean’s Credit Union, Puleo Realty Trust (Chairman Puleo recused himself from this portion of meeting). Frank Taormina explained that all the conditions of the Decision have been completed and he recommended that the board release the funds in escrow ($10,000). There being no further questions on this matter, Gene Collins made a motion to approve, seconded by Nadine Hanscom and approved.
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 8:10pm
Respectfully submitted,
Stacey Dupuis, Clerk
Salem Planning Board
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