Salem Planning Board
Minutes of Meeting
July 16, 2009
A regularly scheduled meeting of the Salem Planning Board was held on July 16, 2009, at 7:00 p.m. in Room 313, Third Floor, at 120 Washington Street, Salem, Massachusetts.
Those present were: Chuck Puleo, Chair, John Moustakis, Dave Weiner, Tim Ready, Pam Lombardini, Christine Sullivan, and Nadine Hanscom. Also present were Lynn Duncan, Director, Danielle McKnight, Staff Planner and Stacey Dupuis, Clerk. Absent: Tim Kavanaugh and Gene Collins.
Chuck Puleo opens the meeting at 7:10 p.m.
Approval of Minutes – The minutes from the June 4, 2009 meeting were reviewed. Tim Ready makes a motion to approve the minutes, seconded by Nadine Hanscom. All in favor.
Continuation of Form B Preliminary Subdivision Plan – Proposed extension of Circle Hill Road to serve three new single-family lots. The proposed development is located at 40 Circle Hill Road (Assessors Map 9, Lot 0255). DeIulis Brothers Construction Co, Inc.
Christine Sullivan asks why the Board is voting if this is not a public hearing; Lynn Duncan explains that the applicant has the choice of submitting a preliminary subdivision plan if he wishes and explains what still must be done in terms of submitting full subdivision plans. She says this reduces the time period for review for the definitive plan. A key difference between the preliminary and definitive subdivision approval is there is much less information required than for a definitive plan, which requires full engineering plans, etc.
The applicant has not yet arrived, so the Board decides to review the next application first.
Site Plan Review and Drive-Through Facility Special Permit – Fast Food – The proposed project is a fast food facility with a drive-through on the site of a previously approved bank with a drive-through on the property located at 142 Canal Street (Assessors Map 33, Lot 006). SNAKEBITE REALTY LLC.
Dan DiLullo presents the petition. He states the Family Dollar site is almost complete and they hope to occupy at the end of July. He says at the time the Planning Board approval was given for the drive-thru Special Permit, it was intended to be a bank branch, and due to the market they wish to change it to a coffee/pastry type drive through. He apologizes for not having submitted a traffic study, which is a required part of the application, but says his traffic engineer, Robert Woodland, is present tonight.
Chuck Puleo is concerned there are no dimensions on the building, so it’s hard to determine whether the stacking of cars, as drawn, is appropriate – it’s hard to determine whether the cars would actually fit around the building. Dan Dilullo says he has brought scaled plans with him and hands them out to the Board. Chuck Puleo notes there are still no dimensions on the buildings and requests a scale ruler.
Pam Lombardini says the presentation is missing a lot of information and says the Board isn’t prepared to discuss the project. Dan apologizes that the traffic study was late. Christine Sullivan says this is unacceptable.
John Moustakis says this is a completely different project from what was presented before – now there will be deliveries, longer hours, noise, more people going through the drive through, and he wants to know how these things would be handled, when will deliveries be made, etc. John Moustakis asks, “Don’t you know if you will have a tenant?” Dan Dilullo says no. John Moustakis says the Board has to know more about what’s going to happen here.
Nadine Hanscom says if they approve a fast food drive-through for doughnuts, and that doesn’t work out, they probably don’t have to come back in front of the Board to put in a restaurant such as Burger King, and she would be uncomfortable with that. Danielle McKnight explains that the Board would be approving a restaurant of a particular size, capacity, etc. Dan Dilullo says the space is smaller than this room, and so it couldn’t accommodate many types of restaurants. Nadine says it’s crucial that the Board know what would be going in there.
Dan Dilullo asks for the opportunity to talk about the traffic study to address some of those concerns.
Tim Ready notes this plan is generic and says this is a very substantial change to what was there before – he’s uncomfortable with how little they know about the new proposal.
Chuck Puleo says this doesn’t hold up his CO for the other building on the site. Once the Dollar Store opens, he says they ought to look at how the site functions, whether the parking is adequate, etc.
Dan Dilullo says their schedule is to take occupancy at the end of July, then they stock for three weeks.
John Moustakis says that without knowing what’s going to be here, they are not going to get a comprehensive traffic study. Dan Dilullo says they can make assumptions based on the size of the space, and his traffic engineer can address that. He asks if he continued the discussion to September, would he need the name of a store? Chuck Puleo responds that the Board would have to look at the worst case scenario to make assumptions about traffic, parking and other impacts.
Chuck Puleo asks if the traffic study will cover a multiplicity of uses? Robert Woodland says they looked at a Dunkin Donuts type use, and that intensity is substantially higher than other drive-thru uses. Chuck Puleo asks if they’ve done traffic counts; Robert Woodland says yes. Chuck Puleo says he hopes when they did the study the college students were in town, since the City is extremely quiet right now since it’s summer.
Pam Lombardini asks if they can look at doing an amendment, if the store opens in August, and is successful, it will put cars in that parking lot and add to the congestion. She notes that Salem State is across the street and it will be a madhouse in September; she says they need to count traffic when both are open.
Chuck Puleo suggests continuing the petition, since they Board needs to give this project the consideration it deserves.
Tim Ready moves to continue the petition to September 17, 2009, seconded by Pam Lombardini. The motion passes 7-0 (Ready, Lombardini, Sullivan, Puleo, Moustakis, Hanscom and Weiner in favor, none opposed).
The Board returns to the 40 Circle Hill Rd. preliminary subdivision application. Patrick DeIulis, the applicant, apologizes for being late. He acknowledges the comments he has heard from the neighborhood and questions from the Board during the site visit. He says the site plan they will submit as a definitive subdivision plan will incorporate guard rails, a bollard system after the guard rail so that cars can’t drive into the park, extension of the sidewalk along the park side of the street, and a readjustment of some of the contours of the cul-de-sac to shed water toward the far end of the park rather than toward Circle Hill Rd.
Chuck Puleo says there was a lot of discussion about blasting, which is a major concern of the neighbors, and acknowledges the impact on those living there. Selling the lots with a prepared area, they would have a large enough area prepared and could fit the houses on the lot, which would be preferable so that the neighbors don’t have to deal with extended blasting times – the development could be completed once and for all. Mr. DeIulis says he may be able to minimize some of the blasting, though putting in the utilities will require disruption. He says their intention was to bring utilities in so the properties and street would be complete. He will consider the suggestion, but he doesn’t want to tie himself into a situation where he preps the lots and then they sit idle for a period of time and
become a nuisance or cause an injury.
Chuck Puleo points out that either way, they’ll have to protect the property – if they don’t sell the lots, they still have to protect them. Mr. DeIulis says if they don’t disturb the lots, there won’t be a need to protect them.
Mr. DeIulis notes they are not connecting into the city drainage system. Chuck Puleo says that Scott Patrowicz, the project’s engineer, had spoken about collecting the drainage so that it could be directed off away from the houses. Mr. DeIulis says the intention is to not direct the water to the basketball court.
Christine Sullivan says the City has a thorough set of blasting regulations, noise decibels, hours, etc. Also, they must do a pre-blast survey, and every neighbor should be given a copy of the regulations.
Chuck Puleo notes that the city cannot require more stringent blasting regulations than those required by the state.
Nadine Hanscom says the sidewalks should be shown on the plan, and Councillor Ryan had told her he was concerned about that. Mr. DeIulis says they would continue the sidewalk on their side of the street to the end of the cul-de-sac, and on the other side up to the entry of the park that brings people into the park – a trail made of stone, gravel, etc. so people would know this was the entry to the park. There would then be a series of bollards and a guardrail. Chuck Puleo says at the site visit, Mr. DeIulis had mentioned the possibility of using wood there, but the Board would like to see something more permanent than that.
Tim Ready asks if there has been a dialogue with the neighborhood. Mr. DeIulis says no, but he’d be open to a conversation with the neighbors. Tim Ready says he is troubled that we’ve gotten this far and there’s been so little discussion with the neighborhood.
Chuck Puleo says that while this is not a public hearing, he will entertain comments if they have not covered all of the concerns that were raised.
Rick Sakowich, 36 Circle Hill Rd., is concerned about blasting impacts. He says DiBiase park was once supposed to be two house lots, but there was too much ledge. He says he knows technology has changed, but blasting will still affect him and others. He is also concerned about animals on the construction site and says wildlife will be disturbed, and also, the newly paved street could be damaged.
Mr. DeIulis says the question is still whether we blast or break the ledge with a hammer. He says they want to do what impacts the neighborhood least, and they need to test to see what is necessary. He says they will break if possible, but blast if necessary.
Jim Decareau, 38 Buena Vista Ave., says he has some of the same concerns, and says the blasting will disturb the sewer pipes. Chuck Puleo says the Board can require the applicant to have an engineer inspect the flow and put a camera through the pipes, and the city could also require a bond for any damage. Mr. DeIulis says he already has a bond for that street on file with the city.
Pam Lombardini says one of the hardest things about going through a development is that the developer has the right to build. She says it’s the Board’s job to make sure they do it in a way that protects those around the development. She says the Board understands the neighbors’ concerns, but they make sure they are as protected as they can be, and it sounds like the developer is willing to do what he needs to. She brings up what Tim Ready had said earlier about meeting with the neighbors – this can work wonders – and many of the concerns can be ironed out.
Sonia Ernst, 17 Buena Vista Ave., says she never got a notice about this meeting by email. She says she prefers for blasting to only happen once and for the lots to be finished. She wants to be notified about road work and blasting.
Tim Ready says that before this meeting, Councillor Ryan was here and expressed that the city is prepared and almost ready to fund within this month a major improvement to DiBiase Park. He says significant upgrades are planned; the developer is aware of that process and must work with the city and can’t disrupt the city’s plans.
Claire Wilson, 27 Circle Hill Rd., asks if there is a fence that can be put up between the park and the new street. Chuck Puleo said they had discussed a guardrail, which the original proposal did not have. Ms. Wilson says a guardrail or something similar should be there to protect children in the park from cars on the street. Chuck Puleo says that Danielle McKnight could get a copy of the plan for the park before the subdivision is filed so that the Board and the applicant know what is planned there.
Neighbors ask if people will be notified before blasting; Chuck Puleo says yes, notice is required and there is a fire detail required, and sometimes a police detail.
Ron Mercier, 21 Circle Hill Rd., asks what makes a buildable lot – would they need to be prepped? Chuck Puleo says a prepped pad would be provided. If any damage was done, how would that be handled?
Mr. DeIulis says this is not a large project, with 3 individual lots, and he doesn’t know how long they’d be on market, but he has mis-timed the market often and undersold developments. He says he won’t sell unless he gets the price he wants for them; it could be a considerable amount of time these lots sit not built on.
Chuck Puleo says they need a vote for his Form B plan. He asks if Mr. DeIulis knows when he would file the definitive subdivision plan; he says in September. Tim Ready tells him to meet with the neighborhood before filing that plan; that is looked on very favorably.
John Moustakis makes a motion to approve the Form B plan, seconded by Pam Lombardini.
Christine Sullivan says the Board should add conditions about the drainage and guard rail. Chuck Puleo reads the Board of Health conditions and the Conservation Commission conditions and concerns, which are outlined in the draft decision. Christine Sullivan adds to the conditions that a guardrail and sidewalk on the park side be built, and extended to the park with an entry point; as well as the recontouring of the land for proper drainage as a result of conversations with neighbors. She suggests that they scope the sewer pipe (with a camera) prior to construction.
John Moustakis has moved to approve the plan, seconded by Pam Lombardini. The motion passes 7-0 (Moustakis, Puleo, Sullivan, Hanscom, Weiner, Ready and Lombardini in favor, none opposed).
Planning Board Officer Elections
Pam Lombardini nominates Chuck Puleo as Chair, seconded by Nadine Hanscom and unanimously approved.
Pam Lombardini nominates John Moustakis as Vice Chair, seconded by Nadine and unanimously approved.
Motion to adjourn made by John Moustakis; seconded by David Weiner. Meeting adjourned at 8:55 p.m.
Respectfully submitted,
Danielle McKnight, Staff Planner
Approved by the Planning Board 9/17/09
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