Salem Planning Board
Minutes of Meeting
May 6. 2010
A regular meeting of the Salem Planning Board was held on Thursday, May 6, 2010 at 7:00 p.m in Room 313, Third Floor, at 120 Washington Street, Salem, Massachusetts.
Those present were: Chuck Puleo, Chair, John Moustakis, Vice Chair, Nadine Hanscom, Mark George, Randy Clark, Helen Sides, Christine Sullivan, Tim Ready, and Tim Kavanaugh. Also present: Lynn Duncan, Director, Department of Planning and Community Development, Danielle McKnight, Staff Planner, and Tom Devine, Recording Clerk.
Request for approval of surety: PAUL DIBIASE, OSBORNE HILLS/STRONGWATER SUBDIVISION.
Request to execute new tri-party agreement due to change in bank. Paul DiBiase.
Mr. DiBiase said that his project is being refinanced and they are entering into a new triparty agreement with a new lender. The bond has also been reduced. Mr. Puleo asked if the department is in agreement. Ms. McKnight said it is. Mr. DiBiase submitted the executed triparty agreement documents to the board.
Ms. Sullivan recused herself from the matter as a member of the Beverly Cooperative Bank Board of Directors.
There being no further comments, a motion was made by Nadine Hanscom to approve the triparty agreement, seconded by Randy Clark and approved 8-0 (Chuck Puleo, John Moustakis, Nadine Hanscom, Mark George, Randy Clark, Helen Sides, Tim Ready, and Tim Kavanaugh in favor, none opposed, Christine Sullivan abstaining).
Mr. Puleo stated that a motion is needed to released the original bond.
A motion was made by Nadine Hanscom approve the release of the original bond, seconded by Mark George and approved 8-0 (Chuck Puleo, John Moustakis, Nadine Hanscom, Mark George, Randy Clark, Helen Sides, Tim Ready, and Tim Kavanaugh in favor, none opposed, Christine Sullivan abstaining).
Endorsement of plans and execution of covenant: SHALLOP LANDING AT COLLINS COVE PARTNERSHIP LLC (land between SZETELA LANE and FORT AVENUE). Attorney John R. Kielty.
Mr. Kielty said the covenant has been reviewed by Ms. McKnight and the City Solicitor. This will also be reviewed at an upcoming City Council Meeting.
Mr. Puleo noted that text in the document refers to the possibility of the city accepting the street. Would that void the covenant? Mr. Kielty said the city would have access to the bond and be able to step in and finish the work if necessary. There would be no mortgage on it and it could be foreclosed.
There being no further discussion, a motion was made by Mark George to execute the covenant, seconded by Randy Clark and approved 9-0 (Chuck Puleo, John Moustakis, Nadine Hanscom, Mark George, Randy Clark, Helen Sides, Christine Sullivan, Tim Ready, and Tim Kavanaugh in favor, none opposed).
Form A Plan believed not to require approval and Public Hearing - Waiver from Frontage: MAUREEN GOODRICH, 58 and 60 PROCTOR STREET.
Ms. Goodrich said this was her father’s property and he recently passed away. He had wanted the retaining wall to be the border between the properties. She showed on the plan where the lot line is moving. Mr. Puleo noted that the applicant received a frontage waiver from the ZBA. He asked if there are comments from the public. There were none.
There being no further discussion, a motion was made by John Moustakis to close the Public Hearing, seconded by Mark George and approved 9-0 (Chuck Puleo, John Moustakis, Nadine Hanscom, Mark George, Randy Clark, Helen Sides, Christine Sullivan, Tim Ready, and Tim Kavanaugh in favor, none opposed).
A motion was made by John Moustakis to approve the Form A as presented, seconded by Christine Sullivan and approved 9-0 (Chuck Puleo, John Moustakis, Nadine Hanscom, Mark George, Randy Clark, Helen Sides, Christine Sullivan, Tim Ready, and Tim Kavanaugh in favor, none opposed).
A motion was made by Christine Sullivan to approve the frontage waiver, seconded by Randy Clark and approved 9-0 (Chuck Puleo, John Moustakis, Nadine Hanscom, Mark George, Randy Clark, Helen Sides, Christine Sullivan, Tim Ready, and Tim Kavanaugh in favor, none opposed).
Continuation of Public hearing: Request of BVS CORPORATION for Definitive Subdivision Plan and Waiver from Frontage to allow the construction of a new cul-de-sac and related utilities to serve two (2) new house lots on the property located at 15 and 16 SCOTIA STREET (Map 15, Lots 315 and 567). Attorney William Quigley. Applicant has requested to continue to May 20, 2010.
A motion was made by Christine Sullivan to continue the Public Hearing at the May 20 meeting, seconded by Randy Clark and approved 9-0 (Chuck Puleo, John Moustakis, Nadine Hanscom, Mark George, Randy Clark, Helen Sides, Christine Sullivan, Tim Ready, and Tim Kavanaugh in favor, none opposed).
Continuation of Public Hearing: Request of HIGH ROCK BRIDGE STREET, LLC for a Wetlands and Flood Hazard Special Permit, and for Site Plan Review and Special Permits within the North River Canal Corridor Neighborhood Mixed Use District, for the property located at 401 BRIDGE STREET (Map 25, Lot 74) and 44 BOSTON STREET (Map 15, Lot 305) (proposed Gateway Center, including Senior Center). Attorney Joseph Correnti.
Joseph Correnti, 63 Federal St., Attorney for the applicant, said there will be no presentation tonight, as they look toward a draft decision. Final plans were submitted, but not until late last week. The engineering review is ongoing. We are planning to go to the ZBA on May 19. We would like to continue on May 20, at which point we will have had an engineering review. Hopefully at that meeting we will be able to report ZBA approval.
Mr. Moustakis asked when the project will start. Mr. Correnti said they are planning to start in the fall. Mr. Moustakis said it could be a good time to correct the corner across the street. If this is a planning board, this is something we should plan for. Mr. Puleo said that the easement only runs the length of the Public Storage property and he is unsure if they can require this developer to do this. Mr. Moustakis said he does not want to require anyone to do this, and does not want it to be done at the developer’s expense.
Mr. George asked what the extent of the easement is. Ms. Duncan said we could talk about this for 30 minutes, but we don’t have the plans here and it may be best to schedule this discussion for another meeting. There are problems with this, with the easement going right up to the building. We can bring information to the board, but we don’t have that with us tonight. Ms. Sullivan said there should be a conversation about this, but right now we should motion to continue this public hearing.
A motion was made by Christine Sullivan to continue the Public Hearing at the May 20 meeting, seconded by Randy Clark and approved 9-0 (Chuck Puleo, John Moustakis, Nadine Hanscom, Mark George, Randy Clark, Helen Sides, Christine Sullivan, Tim Ready, and Tim Kavanaugh in favor, none opposed).
Continuation of Public Hearing: Request of KENNEDY DEVELOPMENT GROUP, INC. for Site Plan Review, Planned Unit Development Special Permit, and Wetlands and Flood Hazard Overlay District Special Permit, for the property located at 440, 460, 462, and 488 HIGHLAND AVENUE (Map 3, Lots 1, 2, 3 and 4), Salem MA (proposed new Lowe’s Home Improvement retail store, new, expanded Walmart store, expanded Meineke store, Camp Lion improvements and new municipal water tank). Attorney Joseph Correnti.
Mr. Correnti, Attorney for the applicant, said tonight they are there to listen to the peer review traffic consultant and will respond at a later date. Mr. Puleo said to the audience that the consultant has reviewed the traffic proposal and he will give his take and make recommendations. The applicant will probably not respond immediately. We hope to do this in 30 to 40 minutes, leaving time for audience comments. We would like to start with anyone who hasn’t spoken before. Ms. Duncan distributed copies of the BETA Group’s findings to the board and the audience.
Ken Petraglia of the BETA Group, peer reviewer for the Planning Board, said that some comments have no impact on the study and they will identify those. And some comments the traffic engineer has already responded to.
John Mirabito of the Beta Group read in detail through the comments. Mr. Clark noted that there are differences between the letter being read and the letter the board has. Mr. Petraglia summarized the comments. He said they recommend expanding the study area to include 4 additional intersections. This recommendation is based on the significant amount of traffic sent through these intersections from the development. We suggest providing ATR daily counts and this has been addressed. Sight distance should be evaluated at the Lions Dr. intersection. Clarify the north site driveway sight distance. Revise trip generation prediction for a.m. peak hours. Provide a basis for traffic generation between driveways and trip distribution. Explain why just
one part of the analysis uses a simulation model. Identify the problem corrected by the Meineke improvements. Prohibit u-turns from Highland Ave. northbound. This has been addressed. We recommend prohibiting a u-turn on Highland Ave. southbound and this has been addressed too. The applicant has provided information showing that the u-turn will work. Close the Meineke intersection or provide a stop sign. Provide a stop sign at Meineke Dr. going onto the main site drive. Prohibit left turns from Camp Lions Dr. The applicant has complied with that one. Add stop signs at the north site driveway cross connection intersection.
Mr. George asked what are the AM peak hours. Mr. Mirabito said it is usually between 7 and 9 a.m. Mr. George said school buses often back up the traffic. Mr. Mirabito said that is what we want daily ATR counts. Mr. Puleo asked which days are counted. Mr. Mirabito said it is Saturday and a midweek day. Mr. Puleo said it would be important to count a school day. Mr. Mirabito said the counts have already been done, just not provided initially.
Mr. Moustakis asked if it would be possible to find out what traffic is from the Lynn line to Marlborough Road with and without this development. Mr. Petraglia said the increase is in the order of 7%. Mr. Mirabito said the data was presented to the board previously. Ms. Sullivan said she would like counts for both directions.
Mr. Puleo asked what effect a turning trailer truck would have on traffic. Can you look at whether a deceleration lane that takes them out of traffic would help? Mr. George asked where the current deceleration lane starts. Mr. Puleo said it starts after the proposed roadway and there isn’t much room. Ms. Hanscom asked what happens to people who need to turn left coming out of the camp when a left turn is prohibited? Do they turn in someone’s driveway? This is a chance to deal with this. Mr. Puleo said most people wouldn’t even take the chance to turn left. Mr. Clark said that maybe some mitigation could happen with the overall site layout. Ms. Hanscom said she wouldn’t want to use the camp if everyday traffic is impossible. Mr. Puleo said it may be possible to connect the driveways. Mr. Petraglia said it is a good point and they will work with the developer to look at shared driveway access.
Ms. Sullivan remarked that they are drowning in details without looking at common sense and how this would work in reality. I think Ms. Hanscom’s point is perfectly valid. What other similar points need to be made? I find this hard to translate into human issues. Mr. Puleo said that in the EIR report, there is no provision for a bus stop. The goal is to reduce emissions and trips to the site. I think there is a bus stop in that stretch. It could be difficult for a bus driver to pull over there to stop. We convinced the Pep Boys’ developer to create a bus stop lane. Perhaps this developer could do something similar. Ms. Sides suggested that they do that on both sides. Mr. Clark said that maybe they could find bus
counts.
Issue Opened Up for Public Comment
Jim Treadwell, 36 Felt St., said the board’s packets did not include the February 19 MEPA document. It is inexcusable to not include that data. You heard at the last meeting that there would be an increase of 2400. But the MEPA letter showed it would be much more. It would have behooved you and your staff supporting you to provide this. Someone should be on top of this and the EMF data. This tells you a.m. peak time is 7 to 9. They also have midday and Saturday for a 2 hour period. The data is here. The EPA Secretary’s letter is a good one. Mr. George asked if these numbers are 100% higher. Mr. Treadwell said that the letter indicates 5960 new average daily trips. I believe the applicant’s figure is 2400 or 4200. Our Secretary of Environmental Affairs is using statistics that are in the report but the board was not made privy of. I would hope that when the applicant responds to the memo, it will be available to the public and the board, as well as the MEPA document.
And I don’t disagree with the reviewer’s proposals, but the secretary is saying he wants a number of things addressed.
Ms. Sullivan asked on what number the analysis is based. Is the analysis based on what the developer has given you or your own number? Mr. Mirabito said the numbers are the same. We check the applicant’s analysis, which is based on the ITE manual. Ms. Duncan asked for clarification on the inconsistency of the numbers. Mr. Mirabito said the numbers were the same except for Saturday. Ms. Duncan said the presentation was in error.
Roger Ennis, 227 Verona St., Lynn, asked what the current parking number is compared to the total with the development. That would help me understand the increase in size. The traffic study seemed to pitch the project like it makes sense. And being a Lynn resident, it seems to me that the traffic will be directed into Lynn, with illegal u-turns and turning around in driveways. This is not attractive for Lynn residents and businesses. The study looks like a nice sunny day, but in winter conditions snow will narrow the roads. A lot of discussion has addressed Meineke, but I don’t see it on the map. Mr. Mirabito identified it on the map. Mr. Puleo said he is looking for the parking numbers.
Tony Salvo, Sumner Rd., said most of Salem is already experiencing gridlock. This development could be good or bad. It could be worse than no development at all when you consider all the factors. I don’t find much fault with Wal-Mart. We already have a Home Depot, which Lowe’s will compete with, lowering prices. So people will come from all over, and some will bypass Highland Ave. They will take many other routes. The focus here is too narrow. And there could be residential development, but you haven’t mentioned that. It would require new schools, police, and a new fire station.
Teasie Riley Goggin, 9 Wisteria St., said she would like to second Ms. Hanscom’s concern about the lack of a left turn from the camp. Is there a fire lane? Mr. Puleo answered no. Ms. Goggin asked if emergency vehicles can take the left turn. Mr. Mirabito said they can. Ms. Goggin said this is a bad point and people will make the turn anyway.
David Goggin, 9 Wisteria St., asked if the state has already approved curb cuts. Mr. Mirabito said they don’t know. Mr. Clark reminded Mr. Goggin that the presenters tonight do not work for the developer – they are the city’s peer reviewers. Mr. Goggin said we need width for a fire apparatus to get in. Mr. Ready noted that the Fire Department will review this.
Steve Cronin, 21 Manning Rd., Lynn, said many roads have been overlooked. Eastern Ave. has not been mentioned. Mr. Puleo said that they are proposing to extend the study area into Lynn.
John Sawyer, 5 Barnes Circle., asked if there is going to be a back door plan. Mr. Puleo said that the presenters tonight do not represent the applicant. We can address this when the applicant returns.
Dan McIntire, 51 Fellsmere St., Lynn, said that traffic on the Lynn-Salem line will be more congested and pollution will increase. I recommend that the City of Salem do a study with Mass Highway.
Mr. Puleo stated that the project proposes a total of 991 parking spaces. Austin Turner, Civil Engineer for the applicant, said the existing Wal-Mart has 317 spaces and Meineke has 3. The expanded Wal-Mart will have 611, Lowe’s will have 378, the camp will have 50, and Meineke will have 6, for a total of 991.
Ellen Patterson, 37 Spring View Dr., Lynn, said there is a bus stop with many people getting off and crossing the road. That will have to be considered. How many lanes is it? Mr. Mirabito said 6. Ms. Paterson said she goes up and down here sometimes 5 times per day. I am often stuck in traffic. This is too much traffic. People will turn around on side streets and in driveways. Mr. Puleo said that he thinks if everyone is directed through the main site driveway, no one will have to make an illegal u-turn. I live off Highland Ave., and I sometimes have to avoid left turns.
Mary Milton, Wyman St., said she stands to lose the most. There is no access to our street now. We have to go into Lynn and turn around to get into our street. We haven’t had access going as far back as 1962. Now with the project, where will emergency vehicles go? Fire trucks will have to go through Buchanan Circle. Mr. Clark asked what the project will do in terms of access to her property. Ms. Milton replied that it will increase traffic. Mr. Clark said that in that case it is a matter of response time, not access. Ms. Milton said she is concerned about the guard rail. Mr. Puleo said that if the road does not exist, there would be no need for the guard rail. Ms. Milton said they are still in a volatile situation. Mr. Clark
said she should work with her councilor on the access issue. Ms. Milton said they also lack water and sewer. Mr. Clark said that is not related to the project, but the traffic is.
Dennis Colbert, 37 Clark St., said he would like to make sure that the traffic study considers the backup from Dunkin Donuts on Clark St. There is new housing proposed. The dangerous turn from Highland to Clark St. should be considered.
Leslie Courtemanche, 97 Fellsmere St., said it is difficult to visualize all this. This plan will worsen traffic with more cars. The traffic is already horrendous. I have a lot of experience sitting in traffic from Fays Ave. to Eastern Ave. I am not sure how more lights will help. Flooding is a problem. With less area to absorb water with the additional parking, water will be an issue. Mr. Puleo said the developers have not presented yet on engineering and drainage. Ms. Courtemanche said she is concerned with more traffic coming into Lynn when a left turn is prohibited. And I am worried about the magnitude of the Wal-Mart expansion. Why not add a second floor? Why must they take a pristine area to create parking?
Dave Cass, 77 Summer St, said Salem should look to Lancaster, PA, which has been fighting Wal-Mart forever. How much traffic is enough? How much money do you need? It is all greed. They already have Wal-Mart and a Home Depot. You guys are railroading people in Lynn and Wal-Mart knows it. You should be like Lancaster, PA. Mr. Cass walked in the area between the board and the audience and displayed a handful of cash. Mr. Puleo warned him that he will suspend the meeting and have him removed.
Dan Cahill, Lynn City Councilor, 20 Belleaire Ave., Lynn, thanked the board for asking questions. He asked the peer reviewers what the impact would be without their review. Mr. Petraglia said he doesn’t know how to answer. Without us, someone else would come in. There are checks and balances for a development of this size. I do think they presented a credible traffic report.
Mr. Ready said there has been considerable rhetoric regarding existing traffic difficulties in this area. Most people here are turning to the City of Salem and these developers for help. He asked Mr. Cahil what Lynn is doing to help with traffic here. Are there any plans on the table in Lynn to address longstanding issues here? Mr. Cahill said that he frankly wishes he had more of a legal arm to prevent this project. Are you saying Lynn is not doing enough? Mr. Clark asked if there are any plans in Lynn to help here? Mr. Cahill said that Buchanan Bridge narrows. A 4 lane highway wouldn’t work and it will push problems into Lynn. We have one lane going into two. If you want to narrow it, we can share the pain, but there is not much we can
do here in Lynn.
Debrah Smith Walsh, 16 Coolidge Rd., Lynn, said Coolidge Rd. is not an intersection. There is queuing north and south down Fays Ave. We won’t be able to get out of our street. I was also a Lynn Councilor years ago when Mass Highway came to Western Ave. and tried to mitigate issues there after one of my neighbors was killed. Right outside Buchanan Circle there are two bus stops. And elderly woman was hit there. The Mass Highway solution was to take it from 4 to 2 lanes so there would be enough sight coming out of Coolidge and Manning. People do take the illegal left turn coming out of the camp. The turnaround is at Buchanan Circle, and our Buchanan Rd. is constantly used as a turn around too.
A gentleman from Young World Academy said he is concerned about the ENF study. The board should look at an increase in traffic on Highland Ave. A lot of my customers come from Lynn, as might be the case for any business on Highland. If traffic increases to a choke point, businesses will suffer. Someone should take a good look at this. My customers often can’t get onto Marlboro Rd. because traffic is too congested. If it hurts business, that means it affects revenue and our ability to live.
Norm Cole, 30 Coolidge Rd., Lynn, said we have neighbors who will not take a left toward Lynn. Where would a good u-turn spot be? Mr. Mirabito said he is not sure. Norm said the city has put no u-turn signals all over. There are police there too. How does someone head back to Lynn? Mr. Correnti said this could be answered next week. Norm said if you look at the traffic count, it is going from 7000 to 13,000 per day and 17,000 to 18,000 cars on weekends.
Tony Salvo, Summer Rd., said the board should consider the expansion of the transfer station. That will increase traffic with trucks coming in and out. We need to see the big picture before you decide.
Katerina Panagiotakis, 90 Spring View Dr., Lynn, said she is concerned that the traffic numbers are based on recession traffic. I worry about what will happen when the recession ends and there is more traffic. How many square feet is the new Wal-Mart? Mr. Correnti said it is about 153,000 sq. ft. Ms. Panagiotakis stated that a study projects 10,000 cars per day for a Super Wal-Mart. There are too many numbers out there. What is the real number? I think there are a lot of hidden numbers that are not being expressed. I have read horror stories about other Wal-Marts.
Ms. McKnight noted that the department has received letters regarding this project and she asked if the Board would like to hear them now, or if they want them in the next meeting’s packet. Board members preferred receiving copies in the next packet. Ms. Sullivan said she thinks someone should address the study the audience member mentioned.
A motion was made by Helen Sides to continue the Public Hearing at the May 20 meeting, seconded by Randy Clark and approved 9-0 (Chuck Puleo, John Moustakis, Nadine Hanscom, Mark George, Randy Clark, Helen Sides, Christine Sullivan, Tim Ready, and Tim Kavanaugh in favor, none opposed).
Discussion and Vote: Recommendation to City Council on proposed Zoning Amendment to create a Waterfront Overlay District (Shetland Park).
Ms. Duncan stated that this is not a public hearing. A public hearing was held with the city council. This is a proposed zoning amendment for a Waterfront Industrial Overlay District. The purpose of this is to make Shetland Park more competitive with Cummings Center, allowing by right what is basically there already. The proposal does not include hotel or residential. In response to Mark George’s question, there is a provision that requires all dust and fumes to be confined to the premises. The Planning Board will make a recommendation to the council.
Mr. Clark asked whether pharmacology companies would be allowed in with the restrictions on hazardous uses. Ms. Duncan answered in the affirmative. Ms. Sullivan asked where part 3 comes from. Ms. Duncan said it is basically drawn from the Cambridge ordinance, which the petitioner researched. Ms. Sullivan asked if the word “affectively” is a typo. Ms. Duncan answered yes, and they would correct it. Mr. Puleo said state involvement would trip the city if the city needed more regulations for reviewing a potentially dangerous business. Ms. Hanscom asked how could we know something isn’t going to lead to an explosion like the one that occurred in Danversport. Would that facility have been considered dangerous by what we have here? Ms.
Duncan said this site is industrially zoned, so some of these types of uses are now allowed. Additionally, any uses with possible safety threats would come under review by the Fire Department. Mr. Puleo said anything new would get scrutiny from the Fire Department. Ms. Duncan said the Fire Department reviews everything even if it is by right. Ms. Sullivan noted that you are still having to point out that nothing dangerous should be there. Mr. George said it makes clear our intention. There are already federal and state regulations. Mr. Puleo added that it is also incumbent on the landlord to ensure that tenants don’t harm the property.
Mr. George thanked the petitioner for adding the amendment. He said that the petitioner is working in a competitive market and industrial zoning is restrictive. I think we should say to the council that we support this for helping them compete. Mr. Ready remarked that no one spoke in opposition of the change at the joint hearing, and numerous people spoke in favor. Mr. Moustakis said he is in favor of the zoning change. But what if the developer wants to go in a new direction? Do they need whole new zoning? Ms. Duncan said Planned Unit Development or a zoning change could address future needs. Mr. Moustakis said he is just hoping they are not locked in.
Ms. Sullivan said she supports the change even though she can’t vote since she didn’t attend the joint public hearing. Mr. Puleo said she can vote. Ms. Duncan said she has no problem with everyone voting. If it is unanimous, I don’t think it is a problem.
A motion was made by Randy Clark to recommend that the City Council approve the zoning amendment, seconded by Mark George and approved 8-0 (Chuck Puleo, John Moustakis, Mark George, Randy Clark, Helen Sides, Christine Sullivan, Tim Ready, and Tim Kavanaugh in favor, none opposed, Nadine Hanscom abstaining).
Old/new businesses
None
Adjournment
A motion was made by Randy Clark to adjourn, seconded by Mark George and approved 9-0 (Chuck Puleo, John Moustakis, Nadine Hanscom, Mark George, Randy Clark, Helen Sides, Christine Sullivan, Tim Ready, and Tim Kavanaugh in favor, none opposed).
Meeting adjourned at 9:50 p.m.
Respectfully Submitted,
Tom Devine
Planning Board Clerk
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