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Salem Planning Board
Minutes of Meeting
December 3, 2009
A regular meeting of the Salem Planning Board was held on Thursday, December 3, 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, Nadine Hanscom, Helen Sides, Christine Sullivan, Tim Ready and Tim Kavanaugh. ~Also present: Lynn Duncan, Executive Director, Danielle McKnight, Staff Planner and Stacey Dupuis, Clerk. Absent: Gene Collins
Approval of Minutes
The minutes of November 5th will be reviewed at the next meeting.
The minutes of November 19th were reviewed.
There being no comments, a motion was made by Christine Sullivan to approve the minutes of November 19th, seconded by Nadine Hanscom and approved 7-0 (Chuck Puleo, John Moustakis, Nadine Hanscom, Helen Sides, Christine Sullivan, Tim Ready and Tim Kavanaugh in favor, none opposed).
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. Applicant has requested to continue to December 17, 2009.
Public Hearing: Request of ANGELO MEIMETEAS for an amendment to a Definitive Subdivision Plan at the end of CLOVERDALE AVENUE (Map 8, Lots 269, and 280, and Map 9, Lot 122) in order to eliminate sidewalks approved in the original plan. ~
Angelo Meimeteas presented his request to not put sidewalks in which were approved in the original plan. Chuck Puleo mentioned that he and other members visited the site and clarified that the area at which the sidewalk was to be originally put in is from Glen Ave, on the left side, up to parcel 3 (Mr. Meimeteas’ house). He also mentioned that there is an issue of street trees that haven’t been planted yet. Angelo Meimeteas said that street trees would be planted. He also explained that his house was originally going to have a driveway on the left side, which required a guard rail for safety; it then changed to the right side, so he feels the guard rail will no longer be necessary. When asked what changed his mind about putting a sidewalk up he said the neighbors did, they preferred not to have a
sidewalk because they have little frontage.
Issue Opened up for Public Comment
Kim Driscoll, 16 Glen Avenue, said she will be happy if a sidewalk isn’t put in. She said most neighbors don’t want a sidewalk as they feel there is no need for one. She said there is already a buffer between the homes; people most likely won’t use the sidewalk because they cut through yards; and a sidewalk would take up a lot of frontage in front of the homes. She mentioned that there are no other sidewalks on the street, and they may look out of place. She says the neighbors are anxious to have the work complete including the final coat of pavement. As far as the guardrail, she feels it would be an eyesore and it wouldn’t make sense to have one.
Angelo Meimeteas said that a fence will be installed at the back of the property for safety.
Michelle Ambler, 25 Cloverdale Ave., said that kids go through her yard to go to other houses, they don’t need a sidewalk.
Richard Swiniuch, trustee of Pheasant Hill Realty, 14 Glen Ave., said he’s been anxious for 9 years waiting for this project to be finished. He thinks the sidewalks should be put in, as it was in the original plan. He feels the road is dangerous because near his driveway, where the hill goes up, there is a visibility problem because of the way the street is crested. He says when you come up the hill, you can’t see the other side. He said many kids play there and could get hit if they’re trying to cross without a sidewalk.
Tim Ready asked Mr. Swiniuch if his main concern is safety and Mr. Swiniuch said that it is. Tim Ready asked if there have been any incidents or accidents in the past 7 years, Mr. Swiniuch and the other neighbors said there haven’t been. Nadine Hanscom asked if there is a sidewalk in front of Mr. Swiniuch’s house, there is not. She remarked that now that the homes had been built, it seemed the neighbors living in them realized the sidewalks were not necessary, as they had perhaps seemed before the homes were built; she asked Michelle Ambler if that was the case. Ms. Ambler said that was true.
John Moustakis said he was on the Planning Board at the time of the original approval and remembers that the Planning Board did not ask for a sidewalk because there was no need for one. Chuck Puleo noticed on the plans that on the inside curbing, there is no fill, feels it is a hazard. Mr. Meimeteas said it will be filled with loam and finished. Regarding the trees to be planted, Lynn Duncan said the city will work with them for the number and placement of trees.
Michael Panneton, 19 Greenlawn Avenue, said he wants to see all the work done as planned. He has been waiting for 8 years for the paving to be finished. It has a binding coating on it. He says his road was trenched but it hasn’t been finished, and he has had two vehicles with problems due to this. He agrees that the road is very steep and dangerous. Angelo Meimeteas added that Greenlawn Ave. would be finished.
Christine Sullivan thinks it’s terrible that the finished coating hasn’t been done in 8 years and feels that a date should be placed in the agreement. Lynn Duncan said that the roadway hasn’t been done since 2001 because the houses were incomplete, explaining that houses need to be built before completing the roadway and there was a delay on the houses. Lynn added that if this issue gets approved tonight, how quickly the road can be paved will depend on the weather. Nadine Hanscom said she would like some type of assurance that it would get done immediately. Angelo Meimeteas said possibly next week and added that he feels that any change he has made to the street has improved driving conditions.
There being no further comments, a motion was made by Tim Ready to close the public hearing, seconded by Christine Sullivan and approved 7-0 (Chuck Puleo, John Moustakis, Nadine Hanscom, Helen Sides, Christine Sullivan, Tim Ready and Tim Kavanaugh in favor, none opposed).
Chuck Puleo asked if will there be enough money left for Mr. Meimeteas to repair Greenlawn Ave and plant trees as well. Lynn Duncan said they will continue to hold the surety bond that was posted for the project until the work was finished. She said the city would hold the funds so that the remaining work can be done which includes all the streets, the trees, loaming and seeding and any other work that was part of the plan.
Helen Sides said she was at the site and noticed that there are no sidewalks at all on that street, and she feels it would look a bit out of place to put a strip of sidewalk in, even though aesthetically a street looks nicer with sidewalks. She said going forward, sidewalks should be a priority on all city streets, but that they simply didn’t make sense with this project.
Danielle McKnight read the conditions which included street trees to be installed and paving to be complete including Greenlawn Ave. She said the Conservation requested that surety not be released until the work is done, and the Board of Health requested a condition saying that all its conditions would be adhered to if the applicant was brought before them in the future.
John Moustakis asked how much prep work needs to be done to complete the road and Mr. Meimeteas said it would take about a half day’s work.
A motion was made by Nadine Hanscom to approve the amendment to waive the sidewalk as well as approve the elimination of the guard rail which is an insignificant change, seconded by Christine Sullivan and approved 7-0 (Chuck Puleo, John Moustakis, Nadine Hanscom, Helen Sides, Christine Sullivan, Tim Ready and Tim Kavanaugh in favor, none opposed).
Old/New Business
Request of Paul DiBiase for a partial release of escrow funds after completion of roadway work on the Osborne Hills (Strongwater) subdivision.
Paul DiBiase said they have recently completed a portion of the Phase I roadwork which includes the granite curbing, the sidewalks and the concrete sidewalks at the entrance way that the Planning Board requested.~ Lynn Duncan said the Planning Department is recommending this release of funds. However, she said that the Clerk of the Works had identified one issue at the eleventh hour - that the curb reveal is a little too high in certain areas, so more asphalt will needed.~ She said they are recommending, based on the City Engineer and Fay Spofford & Thorndike’s review, the release of the funds as requested, but at the next stage, they’d be looking to hold back an additional $15,000 to make sure the city had sufficient funds to cover the thicker course.~ She said there are still significant funds left in the tri-party
agreement – more than $200,000 – and this request for release is $107,000.~ To provide some background, she explained that a tri-party agreement is an agreement between the developer, city and lender and the lender guarantees that the money will be available to the city to complete the work should the developer walk away from the project.~ She emphasized that the city still had $100,000 remaining, plus they always hold back 10% of the total amount of the surety as a contingency.~
Chuck Puleo asked if Mr. DiBiase was aware of where these areas of high curb reveal were located; Danielle McKnight said they had just received the reports, and that she would send them to Mr. DiBiase.~ Paul DiBiase responded that he would like to respectfully request to discuss this further with Lynn and the Planning Department before committing to having $15,000.00 withheld when additional funds were requested for new work.~ Lynn Duncan responded that nothing would be done tonight relative to the $15,000, she simply wanted to red flag it for the next request for release of funds.~
Chuck Puleo asked if, for the next phase of the project, a new tri-party agreement would be done; Paul DiBiase confirmed this would be the case.
Paul DiBiase explained how the leveling mistake may have come to pass and said it would be an easy fix.~ He said he needed to survey the situation more, but the Board had his commitment that he would do the job properly.
Christine Sullivan asked about the timing of the project – could construction last 10, 20, 30 years?~ Lynn Duncan said this was an interesting question – it would seem we wouldn’t want to hold up the completion of the Phase I roadway for the completion of Phase V.~ Paul DiBiase said this was a 10 phase project with 131 homes, and when the Board approved it, they allowed 7 years to complete the development.~ He says the progress has all depended on the market – he wishes he could be in Phase III by now, but it’s been very difficult to determine when the project would be finished.
Chuck Puleo said he thought Mr. DiBiase was committed to finishing each phase completely before moving on; Mr. DiBiase said there is always some overlap between the phases.~ Christine Sullivan said if he had 10 phases, and the first phase has taken 3 years, then if she extrapolates, it could take 30 years – could it take 30 years to finish paving the roadway?~ Mr. DiBiase said the final course of the roadway would be completed as part of Phase I – it wouldn’t wait for the other phases.~ Lynn Duncan said she was glad to have that clarified.
Chuck Puleo asked when the traffic light would be installed – had they agreed on installation after the first phase?~ Mr. DiBiase said he thought it was to be installed after 20 homes were built; there are 19 in the first phase.~ Lynn Duncan said the building permit for the 20th home, then, would depend on the installation. Chuck Puleo noted that driving by, he doesn’t see much traffic coming in and out.~ ~
Danielle McKnight read the breakdown of funds requested for release:~ $60,480 for completion of 72% of vertical granite curbing, $32,400 for 72% of 8” structural material and 2” asphalt sidewalk; and~~ $15,000 for 100% completion of concrete sidewalks on both sides of the entrance for a distance of 200 feet.~ The total amount requested for release is $107,880.~ She said the curb reveal issue still remains to be fixed and the city engineer estimates it will cost an additional $15,000, which the Board could hold if it chooses.~
There being no further comments, a motion was made by Nadine Hanscom to release the requested $107,880, seconded by John Moustakis and approved 7-0 (Chuck Puleo, John Moustakis, Nadine Hanscom, Helen Sides, Christine Sullivan, Tim Ready and Tim Kavanaugh in favor, none opposed).
Continuation of 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).
Attorney Joseph Correnti, 63 Federal Street, representing Stop & Shop, recapped information about the project. He said they are proposing a new gas facility at this site, and they have been to the city of Peabody (where all the work will take place) for the past 6 months where they received unanimous approval. This included a meeting with the Historical Commission, to ensure that work wouldn’t impact the cemetery; the Planning Board and City Council. Attorney Correnti presented some photos that were requested. Attorney Correnti said that Peabody has been undergoing traffic studies on Howley Street, Main Street and Boston Street and that this project has been signed off on by the police. He says there will be no new curb cuts, and the purpose is to promote the underperforming Stop & Shop
store. There are no other gas stations in downtown Peabody. Christine Sullivan asked if any other Salem departments had comments. Danielle McKnight said that the Board of Health does plan on having the applicant attend a BOH meeting, but all other departments were satisfied.
Conor Nagle of VHB showed on the plan where the fuel facility will be. Photo simulations were provided for the peaked roof on the kiosk which showed the roof shingles that matched those on the current Stop & Shop building. Chuck Puleo wanted to confirm that the controlling of the hours of operation is under Peabody’s jurisdiction. Attorney Correnti said that the fuel facility will be opened at the same time as the store.
Issue Opened Up for Public Comment
Richard Vardalahas, 9 Fort Avenue, asked if this would be a self service station and when it would be finished. Attorney Correnti said it will be self service with an attendant and they hope to construct it in the Spring.
There being no further comments, a motion was made by John Moustakis to close the public hearing, seconded by Christine Sullivan and approved 7-0. In favor, Chuck Puleo, John Moustakis, Nadine Hanscom, Helen Sides, Christine Sullivan, Tim Ready and Tim Kavanaugh.
There being no further comments, a motion was made by John Moustakis to approve amendment to the previously granted Planned Unit Development and Wetland and Floodplain Hazard Special Permit, seconded by Christine Sullivan and approved 7-0 (Chuck Puleo, John Moustakis, Nadine Hanscom, Helen Sides, Christine Sullivan, Tim Ready and Tim Kavanaugh in favor, none opposed).
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.
Applicant has asked in writing to continue at the December 17th meeting. There being no comments, a motion was made by Nadine Hanscom to continue the Public Hearing on December 17th, seconded by John Moustakis and approved 7-0 (Chuck Puleo, John Moustakis, Nadine Hanscom, Helen Sides, Christine Sullivan, Tim Ready and Tim Kavanaugh in favor, none opposed).
Nadine Hanscom left the meeting at 8:30.
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.
Attorney John Keilty, representing Shallop Landing, said that since the last meeting, they took the concerns of the Planning Board and public and made some changes, including widening the roadway to meet city standards and proposing an association for the homeowners which will be responsible for snow removal.
Jim McDowell of Eastern Land Survey further explained the changes that were made. First, he says they widened the proposed layout of Shallop Lane from 30 to 32 ft; this would therefore accommodate a 24-foot paving , which the Planning Board was concerned about at the last meeting. Second, they now show a 4 ft high vinyl coated fence along the perimeter; and a 6 ft high stockade fence around H&H Propeller. There will still be the proposed retaining walls on the northeast side and on southwest side with an average of 2 ½ - 3 ft, highest of 4 ft. They have forwarded a
set of plans to David Knowlton, City Engineer. Chuck Puleo asked about the drainage system, what its storage capacity is and what would happen during high tide. Jim McDowell explained that there will be a tide gate which would prevent ocean water from coming back in through the system. The runoff from roofs will be the majority of runoff in that area and a small amount of lawn area will have runoff which will be connected to a closed pipe system. John Moustakis suggested a site visit.
Michael Geiser, Alliance Environmental Group, is the project’s Licensed Site Professional. He said this site historically was mostly fill. He said there were industrial operations on this site that used, residual chemicals, metals, arsenic, lead, chromium and volatile organic compounds including tar and products of combustion. He says they did a study for a 3 ½ year period on this site and concluded that the groundwater was not impacted – it was not in violation of any relevant DEP standards. However, he said the soil analysis showed some toxins of concern, and some of the soil had been removed. Of the remaining soil, he said there are still areas on the site contaminated with metals, ash, slag and other products of combustion that are recognized by the DEP as a problem if
they come in direct contact with humans for a long period of time. He said if a person ate a spoonful of the soil every day for 70 years, they would have a one in 100,000 additional chance of that person getting cancer – called an excess lifetime cancer risk. He said that none of those threats exist. However, he also said that because of this finding, they put an Activity and Use Limitation (AUL) on the property, and the temporary remedy was to put a fence around the property with a lock, and no one but authorized people can enter. He says the proposal is to take the AUL off the property and put a new one on which would reference a barrier to direct contact. He explains that an AUL is a legal document whose format is designed by DEP, and it is notarized and completed by the property owner or responsible parties, someone who has a legal obligation to clean up the property, and it is recorded at the registry and references the deeds of the owner
and any of the tenants on the property. He says in this case, it will reference the homeowner’s association as a legal entity which is required to maintain the remedy spelled out in the AUL. In this case, he says the remedy is a remedy against direct contact. He says the only threat of the remaining contaminants on this site would be from contact on a continuing basis for a long time. He says the remedy for preventing direct contact on this site would be covering the soil, layering it with asphalt or concrete, a building slab, landscaping that consists of an indicator barrier, a minimum of 2 ft of clean soil and then landscaping vegetation and grass. He says the combination of all of this is a suitable barrier for the remaining soil.
John Moustakis wondered how many years the barrier will last. Michael Geiser didn’t know the number of years, but he did know that ultraviolet light ruins plastics, which is what the barrier is made of. However, this barrier will be buried. He also said that this cap is nonimpervious. He said they are going to remove most of the water from the site into the drainage system, so the only water getting absorbed into the ground would be water absorbed into the lawns. John Moustakis asked if he would bring the Board additional information on the barrier, and he agreed to.
Chuck Puleo asked about the quality of the groundwater if the site was contaminated; Mr. Geiser said the levels of contamination are very low. He also said it was preferable in this situation to have the groundwater infiltrate slowly into the ground rather than use catch basins or other facilities that would cause point-source discharge into Collins Cove. Chuck Puleo asked Mr. Geiser to confirm their intention that runoff from the impervious surfaces on the site would mostly be directed into the street catch basin system; he said it would be.
Christine Sullivan asked for clarification of the homeowner’s association. Attorney Keilty said the association will be comprised of the individual single-family homes in Shallops Lane. The road will be a city road but the association will have to take care of snow removal as well as the wall that will be put in. Helen Sides asked about the process of the project and uniformity of the houses. Philip Livingston, Shallop Landing owner, said they will build about 6 houses at a time, with some 2-story homes on Fort Ave, and 1-story on the other street. He said construction could take five years, and the schedule would be somewhat market-driven. The houses will be about 1400/1500 sq ft. each, with a 2 car garage.
Issue Opened up for Public Comment
Richard Vardalahas, 9 Fort Ave, said the zoning board approved variances, but now the plans have changed. To him, this seems like there are too many homes in a small area. Chuck Puleo said it’s the same number of units and same lot sizes that were initially approved by ZBA.
Phil Bussome, 11 Fort Ave, feels that the water may be more of a problem if they build a wall on the property. He asked if the City Engineers reviewed the plans and the wall. Danielle McKnight says the City Engineer is currently reviewing the plans.
Nancy Riley, 24 Webb Street (abutter) said as for the wall going across the back of their property, they disagree to having holes in it. They are also against a stockade fence; they would like a white lattice fence instead. She presented a brochure to the Board with photos of the fencing they would like to see installed. She also said that at a previous meeting, they were told the wall would be about 5 ft. from their property, no less than that. She wanted to know about trash pickup as well. Attorney Keilty said that trash would be municipal pickup.
Francis Page, 28 Webb St., asked about the lot with the lobster traps, boats, etc. Attorney Keilty said the H&H Propeller has an agreement that it is only supposed to have parking on that property. Chuck Puleo asked if all these concerns by the neighbors were brought up at the ZBA meeting. Francis Page said he is concerned about water building up at the wall. Jim McDowell said that the wall will be about 2 ½ feet high, made of concrete blocks that are fairly attractive, they have a nice split face to them. He said they are not concerned with water pressure building up because the wall is not very high – in this case they would put an impervious barrier behind the wall to prevent the movement of water. For draining, they are grading the area so that water will be directed
towards Shallop Lane.
Nancy Riley, 24 Webb Street asked that whatever they put down for caps, will it withstand the saltwater. Michael Geiser believes it can withstand the salt water and said he would get the Board more information.
Francis Page had concerns with the water draining towards the senior housing and said that during a full moon, the water comes up from the sewer. Jim McDowell said it will not drain that way and re-explained the drainage system and showed on the plan how the water will drain. He also said the existing storm drain doesn’t have a tide gate. Tim Ready said the City Engineer will take the tidal conditions into consideration in his evaluation.
Danielle McKnight said that at next meeting the Board should have comments from the City Engineer. Helen Sides asked which boards the applicants had been to, and in what order. Attorney Keilty said they have already been to the ZBA for a series of dimensional variances, and also have a notice of intent pending with the Conservation Commission.
John Moustakis said to the public, in response to comments that these plans were not the same as those discussed at neighborhood meetings years ago, that all the Planning Board members can evaluate is what is presented to them at the hearing, and they have no knowledge of what the neighborhood has discussed in the past.
There being no further comments, a motion was made by Tim Ready to continue to the public hearing at the December 17th meeting, seconded by Tim Kavanaugh and approved 6-0. In favor, Chuck Puleo, John Moustakis, Helen Sides, Christine Sullivan, Tim Ready and Tim Kavanaugh.
Danielle will email optional dates for a site visit to Board members.
Adjournment
A motion was made by Christine Sullivan to adjourn the meeting, seconded by Helen and approved 6-0.
Meeting adjourned at 9:30 p.m.
Respectfully Submitted,
Stacey Dupuis
Planning Board Clerk
Approved by the Planning Board 12/17/09
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