Salem Planning Board
Minutes of Meeting
November 19, 2009
A regular meeting of the Salem Planning Board was held on Thursday, November 19, 2009 at 7:00 p.m. in Room 313, Third Floor, at 120 Washington Street, Salem, Massachusetts.
Those present were: Chuck Puleo, Chair, Nadine Hanscom, Gene Collins (arrived 7:30), Christine Sullivan, Tim Kavanaugh (arrived 7:20), Tim Ready and Helen Sides. ~Also present: Danielle McKnight, Staff Planner and Stacey Dupuis, Clerk. Absent: John Moustakis
Chuck introduced new Planning Board member Helen Sides.
Approval of Minutes
The minutes of November 5th meeting were unavailable and will be reviewed at the next Planning Board meeting.
Public Hearing: Request of GOODMAN NETWORKS for a Wireless Communications Facility (WCF) Special Permit for the property locate at 12 POPE STREET (Map 15, Lot 308). The proposed project includes the installation of three (3) panel antennas and associated BTS units, four (4) backhaul antennas, two (2) equipment cabinets mounted to a rooftop penthouse, and one (1) GPS antenna on the roof of the Salem Heights Apartments. Applicant has requested to continue to 12/3/09.
A motion was made by Christine Sullivan to continue the public hearing to December 3rd, seconded by Nadine Hanscom and approved unanimously.
Continuation of Public Hearing: Petition of PAUL FERRAGAMO for a Definitive Subdivision Plan to allow the subdivision of 405-419 HIGHLAND AVENUE, Salem, MA (Assessors Map 3, Lots 74, 75, and 76) into eleven (11) new single-family house lots, the construction of a new street off Highland Avenue, and the construction of eleven (11) single-family homes. The applicant has requested to continue to 12/3/09.
A motion was made by Nadine Hanscom to continue the public hearing to December 3rd, seconded by Christine Sullivan and approved unanimously.
Continuation of Public Hearing: Petition of SHALLOP LANDING AT COLLINS COVE PARTNERSHIP for a Wetlands and Flood Hazard District Special Permit, and for a Definitive Subdivision Plan, to allow the subdivision of 92,740 square feet of land between SZETELA LANE and FORT AVENUE, Salem, MA (Assessors Map 41, Lots 235, 236, 243, 244, 246, and 274) into fifteen (15) single-family house lots, the construction of fifteen (15) single-family homes, and the construction a new street off of Szetela Lane.
Chuck Puleo informed the Board members that the applicant requested to continue the public hearing to 12/3/09.
A motion was made by Christine Sullivan to continue the public hearing to December 3rd, seconded by Nadine Hanscom and approved unanimously.
Old/New Business
Request of NORTH RIVER CANAL LLC to extend the Special Use Permit, Site Plan Review, and Wetlands and Flood Hazard District Special Permit granted for the property at 28 GOODHUE STREET for an additional six (6) months, through June 30, 2010.
Attorney Joseph Correnti, 63 Federal Street, representing North River Canal LLC, explained that this proposed 44 condo project with commercial space was approved, and the permits have been extended previously. He says a lot of time and effort has gone into this project for permitting and includes a river walk along the canal, an easement given by the city, and money being donated by the developer to do a study. He says on Wednesday evening, the ZBA granted a 6 month extension of the Variances for the project, until June 30th, 2010, and tonight they are asking for same six-month extension of the permits issued by the Planning Board. He added that the owner is being conscientious about maintaining the empty lot right now.
There being no further comments, a motion was made by Christine Sullivan to extend the Special Use Permit for 6 months, seconded by Nadine Hanscom and approved unanimously.
Request of GOODMAN NETWORKS for insignificant change to the Wireless Communication Facility Special Permit for the property located at 488 REAR HIGHLAND AVENUE (AKA 0 Cain Rd.) (Assessor’s Map 3, Lot 139) in order to install one (1) additional backhaul antenna to the previously approved facility.
Jennifer Murga, of Goodman Networks, explained that this is an existing wireless communication facility that was originally approved for 5 backhaul antennas, and they want to add one more.
A motion was made by Christine Sullivan to approve the insignificant change to the Special Permit, seconded by Nadine Hanscom and approved unanimously.
Tim Kavanaugh arrives.
Public Hearing: Request of STOP AND SHOP SUPERMARKET COMPANY to amend the previously granted Planned Unit Development and Wetland and Floodplain Hazard Special Permits for the property located at the corner of Howley Street, Peabody, and Boston Street, Salem (164 REAR BOSTON STREET, Salem Assessors Map 16 Lot 374, AKA 9 REAR HOWLEY STREET, Peabody Assessors Map 86 Lot 130X). The proposed project involves the addition of a new four-pump fueling facility, the addition of raised islands for traffic flow, and the elimination of 52 parking spaces (leaving 307 spaces).
Since only six Board members were present, Attorney Joseph Correnti, representing Stop and Shop, requested to present at the next Planning Board meeting on December 3rd.
A motion was made by Tim Ready to continue the public hearing to December 3rd, seconded by Tim Kavanaugh and approved unanimously.
Continuation of Public Hearing: Petition of DEIULIS BROTHERS CONSTRUCTION CO., INC., for a Definitive Subdivision Plan and a Wetlands and Flood Hazard Special Permit, to allow the extension of Circle Hill Road to serve three (3) new single-family house lots on the property located at 40 CIRCLE HILL ROAD, Salem, MA (Assessors Map 9, Lot 0255).
Patrick DeIulis explained the corrections to the plans that were made as suggested by other City Departments. The Fire Department requested an opening at the guard rail where the fire hydrant is; neighbors prefer a black iron fence when it comes time to put it up, they will coordinate with the park department as to how far back it will go. Chuck Puleo began reviewing the draft decision. Patrick DeIulis reviewed the plan further- they haven’t altered any drainage; on the property side of Circle Hill Road, the plan now shows curbing. The guard rail installation will be according to Mass Highway standards. Danielle McKnight mentioned that Doug Bollen got back to her regarding the material for the fence, for that site he has a slight preference for a vinyl coated fence rather than a
guardrail, but he prefers to go with what the neighborhood wants.
Issue opened up for public comment.
Richard Sakowich, 36 Circle Hill Road, he has seen the plans and feels they have done a good job working with the neighbors. He wanted to know if they would gate the end of roadway when they’re done with construction. Patrick DeIulis said that when they begin construction, they will gate the end of the roadway, they will put construction fencing along the park side to stop people from entering the site. Once the roadway is complete, the fence will come down so people can see the lots.
There being no further comments, a motion was made by Nadine Hanscom to close the public hearing, seconded by Tim Ready and approved unanimously.
Tim Ready commended this project for the efforts with the community. Danielle McKnight continued reviewing the draft decision. The following changes/explanations were discussed: Under section #2, Chuck Puleo wants to make sure the grading refers to grading on the lots. Section C, timeframe, means if they don’t act on this within 2 years, they would have to come back before the Board. Under section #15, add “at least 72 hours prior to blasting”. In Section #17 “shall” will be changed to “may”. Tim Kavanaugh suggested that in Section 14 to add “applicant shall install temporary gate along the park side to keep people out until construction is completed/approved.”
Patrick DeIulis asked if they will need to post bond prior to commencing work. Tim Kavanaugh said that they should file a covenant with the plans, so it can be recorded with the plans and that would be sufficient. The Planning Board would then release it. Tim Kavanaugh added if the work isn’t completed, the Planning Board could deny the request. Danielle McKnight will add at end of Section B “the owner shall file….” Instead of “the owner may file”.
There being no further comments, a motion was made by Christine Sullivan to approve the Definitive Subdivision Plan and a Wetlands and Flood Hazard Special Permit, seconded by Tim Kavanaugh and approved 5-0 (Puleo, Sullivan, Kavanaugh, Ready and Hanscom in favor, none opposed).
Gene Collins arrives.
Public Hearing: Request of STOP AND SHOP SUPERMARKET COMPANY to amend the previously granted Planned Unit Development and Wetland and Floodplain Hazard Special Permits for the property located at the corner of Howley Street, Peabody, and Boston Street, Salem (164 REAR BOSTON STREET, Salem Assessors Map 16 Lot 374, AKA 9 REAR HOWLEY STREET, Peabody Assessors Map 86 Lot 130X). The proposed project involves the addition of a new four-pump fueling facility, the addition of raised islands for traffic flow, and the elimination of 52 parking spaces (leaving 307 spaces).
Earlier in the meeting, since all Board members weren’t present, Attorney Joseph Correnti, representing Stop and Shop, asked for a continuance and present at the next Planning Board meeting on December 3rd. Since board member Gene Collins arrived, Tim Kavanaugh moved to rescind their vote to continue this at the next meeting and re-open it on the agenda tonight, and noted that no one has left the room, except for the applicant from Goodman networks, whom Attorney Correnti asked if she was interested in the matter, and she said no. The motion is seconded by Christine Sullivan, and approved unanimously.
Attorney Joseph Correnti, 63 Federal Street, representing Stop & Shop explained that they would like to modify the original Planned Unit Development Permit and Wetlands and Flood Hazard District Special Permit to include the use of a fueling facility. Conor Nagle of VHB, the company that originally did the site layout, is also present. Atty Correntisays at this Salem/Peabody site, the parking lot and front doors/vestibule are located in Peabody while most of the store and behind that are in Salem. He says they had a public hearing with the Peabody City Council at which these amendments were approved. Atty Correnti also said they met with the Peabody Planning Board who granted a site plan review. He said all of the gas pumps would be in Peabody. He notes that downtown Peabody has issues
with water, but the Peabody Conservation Commission retains jurisdiction with this site and they granted an order of conditions Wednesday night, which includes the distance required to stay away from the North River. They also went to the Historical Commission because they wanted to be sure that any work done won’t affect the nearby cemetery.
Lisa Davis, Stop & Shop consultant, gave a brief overview of the objective of this project. She explains that since the Peabody Stop& Shop store is not one of the strongest, Stop & Shop had reviewed what they could provide their customers for one-stop shopping in order to encourage more shopping and more spending. Stop & Shop engaged in the gasoline business many years ago and were very successful as it created a bump up in sales. She says they operate about 55 fueling facilities in the state. At this site, there would be 4 self-service pumps on each side (8 altogether) and a small kiosk with someone there at all times when it’s open. Employees at the pump station would be Stop & Shop employees who would be trained. This particular location will
have a peaked roof canopy, for aesthetics. She says the North Reading site has been there since about early 2000 and the Medford site is just a little newer. The gas pumps at those sites did help those Stop & Shop stores.
Conor Nagle, VHB, explained that the proposed gas station will be located in the southwest corner, in an underutilized part of the parking lot, and the store will lose about 52 parking spaces. He says it’s in the buffer zone, not in the flood plain and it is an already paved parking area. They are proposing 4 pumps; two sided with underground storage tanks, a kiosk and a canopy with lighting. They will use existing curb cuts, the interior ones will not be modified. They are maintaining the pedestrian access. They have met with the traffic safety officer regarding signage. For the entryway, they propose one entrance with the exit on the other side. He says there will be drainage treatment that meets all storm water codes. He says they are improving the landscaping which will make it a less
impervious area. They will increase plantings along Howley Street and retain the existing trees/landscaping. Nadine Hanscom wondered what would happen if this project does not increase sales and the store closed, what would happen to the site and the pumps? Attorney Correnti said that Stop & Shop owns all the land and that the operating hours of the pumps will be in conjunction with the store. He said the City of Peabody had similar questions and also questioned whether it would be independent of the store. He said in Peabody, the bigger fear was that, without this project, the store might close.
Helen Sides asked if all the exterior materials would be consistent with the current store materials. Conor Nagle explained that the roof and clapboards would match and the graphics would match the store graphics. They will supply photos of the store, etc. as well as some of the other facilities at the next meeting. Gene Collins is concerned about the pedestrian walkway being maintained (the grading) as well as keeping the integrity of the cemetery. Conor said that all grading will meet requirements and that they will move just a part of the pedestrian walkway down and will be maintained. Attorney Joseph Correnti added this was a big concern of the Peabody Planning Dept. because they want to maintain the pedestrian flow. Sidewalk maintenance is one of the conditions in Peabody.
Issue opened up for public comment.
Bob Bonifen, owns property on Beaver St. and Silver St., and is against this project. He’s concerned about the gas tanks and traffic. Conor Nagle explained that there will be 2 tanks underground, 30,000 gallons of regular fuel and 10,000 of premium fuel. He added that they did a traffic study that they presented to Peabody who had no issues. Typically he says there is an insignificant increase to traffic in an area because of this type of project, because most people who get gas do so out of convenience rather than going out of their way to a particular station. Attorney Correnti added that the neighboring Holy Ghost Society was present at the Peabody meetings in support of this project as was the new CVS that is being built on the opposite corner.
Councillor Jerry Ryan, 4 Nichols Street, said that this past spring he was in Stoneham and noticed a Stop & Shop with gas pumps at its location that was barely noticeable, almost camouflaged. He feels mostly Stop & Shop customers will be using the gas pumps. He has no objections to this project.
Patricia Liberti, 3 Lions Lane, is concerned where the street goes from 2 lanes to one lane. She doesn’t think many people will be shopping for gas at the location.
A motion was made by Gene Collins to close the public hearing. Danielle McKnight said there are still comments coming in from other City Departments and they should wait for these comments. Motion to close the public hearing was withdrawn.
There being no further comments, a motion was made by Christine Sullivan to continue the public hearing to December 3rd, seconded by Tim Kavanaugh and approved.
Continuation of Public Hearing: Petition of SNAKEBITE REALTY LLC for 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).
Dan DiLullo, DiLullo & Associates, recapped that they have built a now existing family dollar store, with a section containing an attached drive through originally intended for use as a bank. They have come back to revise that section to a fast food drive through. Using the existing drive through, he says they have room for a more than sufficient car queue and have done traffic studies for that area. He mentioned that abutters were concerned about parking on Canal Street; Danielle McKnight found out that there will not be parking on that side of Canal Street once the reconstruction plans for Canal St. are complete.
Rob Woodland, Woodland Design Group, the traffic engineer, said that Jeff Maxtutis of AE Comm, which the city had do an informal peer review, has looked at the plans and was satisfied with the queuing. He mentioned that AE Comm suggested opening the gates between the two parcels; Mr. Woodland suggested that until the parcel next door is redeveloped and they know who the users are, to leave the gate closed. At some point in the future, he says it may make sense to open the gate depending on who is occupying the parcel next door. Another concern was the amount of parking spaces
needed with the change of use. Danielle McKnight said that the number of employees and seats would dictate the number of spaces required by zoning. Dan DiLullo went over the layout which shows the requirements- 1 space for each 4 seats and 1 space for each 2 employees; for this project, 12 spaces will be required. Danielle McKnight says the bank space also required 12 spaces, so no change is needed.
Nadine Hanscom said she is on Canal Street at least 6 times a day and there is always a traffic jam. She says tractor trailers pull out and block the entire road and other sites on that road cause problems with people trying to pull out onto the street. She feels that people exiting out of this site trying to take a left will cause another jam. She pointed out that the dollar store truck pulls out and blocks out the entire road. Rob Woodland said the idea for a coffee shop/drive through is that it should be used out of convenience. They’re hoping that people will go right in, right out on both sides of the street, which would help both the north and southbound sides of Canal Street. Rob Woodland added that when the coffee shop is busy in the morning, the dollar store won’t
be open yet. Rob feels that they have minimized the impacts for this stretch of road. Chuck Puleo agreed that there are problems with deliveries and trucks block traffic flow, he wondered if there is a way of putting something in the lot so they pull in properly. Gene Collins feels that there is a lot of room on this site for delivery trucks.
Issue opened up for public comment.
There being no further comments, a motion was made by Gene Collins to close the public hearing, seconded by Tim Ready and approved unanimously.
Danielle McKnight reviewed a draft decision based on the original decision with modifications. Danielle reviewed the draft decision. Section 11C – Gene Collins thought it was right turn only coming out of the lot onto Canal St. Rob Woodland suggested not putting that restriction there because some people may want to go left to head towards to the lot to exit left. Nadine Hanscom added that some people may want to get coffee and then go into the store, so they would have to go left to park. Christine Sullivan added that the City Planner could look at this situation afterwards. Chuck Puleo suggested adding a provision for onsite traffic flow. Will add “If traffic flow is found to be problematic, the applicant should install signage as per the city planner in consultation with the city traffic engineer”. Section 16-regarding the need to record sheet 4 of the original plans at the Registry of Deeds, Dan DiLullo said it was recorded in and he’ll get proof to Danielle. Section 18C-
Danielle said she did specify the number of tables and spaces.
There being no further comments, a motion was made by Nadine Hanscom to approve the Site Plan Review and Drive-Through Facility Special Permit – Fast Food, seconded by Christine Sullivan and approved 6-0 (Kavanaugh, Ready, Hanscom, Sullivan, Puleo and Collins in favor, none opposed).
Adjournment
A motion was made by Nadine Hanscom to adjourn the meeting, seconded by Gene Collins and approved unanimously.
Meeting adjourned at 9:50
Respectfully Submitted,
Stacey Dupuis
Planning Board Clerk
Approved by the Planning Board 12/3/09
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