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Approved Minutes 7/15/2010
Salem Planning Board
Minutes of Meeting
July 15, 2010
A regular meeting of the Salem Planning Board was held on Thursday, July 15, 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, Randy Clark, Nadine Hanscom, Helen Sides, Christine Sullivan, Tim Kavanaugh, and Tim Ready. ~Also present: Lynn Duncan, Director, Department of Planning and Community Development, and Tom Devine, Interim Staff Planner. ~Absent: Mark George.
Approval of Minutes
The minutes of June 17, 2010 were reviewed. Mr. Puleo noted a correction on page 4.
There being no further comments, a motion was made by John Moustakis to approve the minutes of June 17 with revision, seconded by Randy Clarke and approved 8-0 (Chuck Puleo, John Moustakis, Randy Clark, Nadine Hanscom, Helen Sides, Christine Sullivan, Tim Kavanaugh, and Tim Ready in favor, none opposed).
The minutes of the June 28, 2010 Planning Board/City Council Joint Hearing were reviewed. Mr. Puleo noted corrections on pages 8 and 3.
There being no further comments, a motion was made by John Moustakis to approve the minutes of the June 28 Planning Board/City Council Joint Hearing with revision, seconded by Randy Clarke and approved 8-0 (Chuck Puleo, John Moustakis, Randy Clark, Nadine Hanscom, Helen Sides, Christine Sullivan, Tim Kavanaugh, and Tim Ready in favor, none opposed).
The minutes of the June 28 Special Meeting were reviewed. Mr. Puleo noted a correction on page 3.
There being no further comments, a motion was made by John Moustakis to approve the minutes of the June 28 special meeting with revision, seconded by Randy Clarke and approved 8-0 (Chuck Puleo, John Moustakis, Randy Clark, Nadine Hanscom, Helen Sides, Christine Sullivan, Tim Kavanaugh, and Tim Ready in favor, none opposed).
Request for release of surety: ANGELO MEIMETEAS requesting surety release for the Subdivision at the end of CLOVERDALE AVENUE (Map 8, Lots 269, 280 and Map 9, Lot 122).
Mr. Puleo described the work that was remaining as of the last time the project was before the board. Mr. Devine read aloud an email dated July 15 from Richard Swiniuch, Trustee of Pheasant Hill Realty. Ms. Duncan noted that City Engineer David Knowlton has reviewed the work and recommended approval. Mr. Swiniuch submitted a photograph to the board, stating that it shows noncompliance with the conditions of approval. Mr. Puleo said these things should have been addressed during construction. Mr. Ready asked if Mr. Knowlton is aware of this correspondence. Ms. Duncan said he is. She stated that some of these issues would have been pertinent during construction and the issue of the well is between two private parties.
Mr. Ready said Mr. Knowlton’s letter remains in effect. Ms. Hanscom asked if utilities should be underground. Mr. Puleo answered yes, and said that they are underground. Mr. Clarke remarked that Mr. Knowlton has signed off on the work. Mr. Puleo reviewed the approved plan and said that it begins beyond the scope of Mr. Swiniuch’s property. Mr. Swiniuch said that the board has not enforced its conditions. Mr. Puleo asked which specifically have not been enforced. Mr. Swiniuch replied that dust was an issue. Mr. Puleo said that Mr. Knowlton has concluded that all conditions have been met. Ms. Hansom said that the issue of the well is between him and the blasting company. Mr. Puleo said that should have been taken up during construction. Ms. Hanscom said it is
the same for the dust. Ms. Sides said the relevant issues are the utilities and the crest in the road, while the other issues happened during construction. The plan resolves these issues and Mr. Knowlton has given his approval.
Michael Panneton, 19 Greenlawn Ave., said Mr. Meimeteas agreed to pave curb to curb. Mr. Puleo said that if that had been a condition, he would have had to do that. I went to the site and saw old patches. Mr. Panneton said that is new. Mr. Puleo said then that is something the engineer will have to look at. But the telephone pole is on the plan. Mr. Panneton said he understands that now. My concern is paving. There is a ditch that puddles. Mr. Clarke asked if the promise to pave curb to curb is documented. Mr. Puleo responds in the negative.
Mr. Puleo asked how old the patch is. Mr. Panneton said 10 years. Mr. Meimeteas said it was preexisting. We opened the patch to install a hydrant, but we didn’t set that sink hole. The new paving abuts the patch. Mr. Panneton said we did not previously have a water problem. He didn’t fill it properly. Mr. Clarke suggested Mr. Knowlton could take a 2nd look, since he might not be privy to the differing views regarding this small piece of pavement. Ms. Sullivan said that there is no leverage left if we return the money. Ms. Hanscom said we often make developers go further than this with paving. Ms. Duncan said the engineer has not seen the photo, but the decision cannot be expanded.
Ms. Sullivan said this is a discussion to have with the City Engineer. Mr. Meimeteas said there is no way to prove where the roadway was. Mr. Puleo said it is worth taking a look at. Mr. Clarke asked if we can release some but not all of the surety. He has completed most of the work. $10,000 is enough for the paving issue. Mr. Ready said the discussion is leading toward a partial release of the surety and to return this to the engineer. If we do that, I would like Mr. Knowlton to know that we expect to have confidence in his recommendations. Mr. Puleo said that in all fairness, he has not seen the picture. Ms. Duncan said we can have confidence in Mr. Knowlton’s recommendation, but he might not have seen the site after a rainstorm. Mr. Puleo asked if Mr. Meimeteas is
agreeable to a partial release of surety with the remaining amount contingent upon Mr. Knowlton’s review. Mr. Meimeteas said that is fine and he just wanted the board to know the patch was preexisting.
Mr. Swiniuch said conditions have been broken and the planning department was informed. You have to enforce your conditions. Ms. Duncan said the board needs to narrow the issues and not open them back up. Mr. Clarke said the idea on the table is a partial release of surety until all conditions are addressed. Ms. Sullivan asked if we can leave it for the engineer and not have it return to the board. Ms. Duncan said you can vote to release $10,000 and hold $15,000 while the puddling is being addressed. If the engineer says there is no problem and it is completed, you can make a condition that all cash is released and the issue does not return to the board. Mr. Moustakis sais once we sign off on a project, the board is not responsible—it is the building inspector and the city engineer.
They are the enforcement officers for the city.
Nadine said we can motion to release $15,000, but send the paving issue back to David Knowlton for review. The $10,000 would be released with his approval. If it is completed, it wouldn’t have to come back to the planning board. Mr. Puleo asked if $10,000 is enough. Mr. Clarke suggested we flip the numbers. And we can talk with the councilor. Ms. Duncan said she will talk to the City Engineer. It makes sense to look at it in the rain and we will do our best to coordinate this to have everyone there at the same time.
There being no further comments, a motion was made by Randy Clarke to approve the release of $10,000 cash surety, and the remaining $15,000 upon approval by the City Engineer, seconded by Christine Sullivan and approved 8-0 (Chuck Puleo, John Moustakis, Randy Clark, Nadine Hanscom, Helen Sides, Christine Sullivan, Tim Kavanaugh, and Tim Ready 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.
Public Hearing: Request of KENNEDY DEVELOPMENT GROUP, INC. for a Wetlands and Flood Hazard Overlay District Special Permit for the property located at 488 HIGHLAND AVENUE (Map 3, Lot 1), Salem MA. Attorney Joseph Correnti.
Joseph Correnti, Attorney for the applicant, 63 Federal St., identified the project’s boundaries on a PowerPoint slide. He noted that they refiled their Wetlands and Flood Hazard application in light of maps that were recently located delineating the district. He identified the surrounding area and the limits of the PUD. Ms. Hanscom asked what is between the homes and the development. Mr. Correnti said that is offsite and where the Apple Hills subdivision is under construction. Ms. Sullivan noted that the aerial image is out of date. Ms. Duncan stated that a copy of the subdivision plan was given to the board members.
Austin Turner of Tetra Tech displayed the wetlands map and identified the area requiring a wetlands permit. Mr. Clarke asked if 80% of Lowe’s is in wetlands as it appears on the map. Mr. Turner said that is the permit area and Wal-Mart is not in the permit area at all. He began addressing NECE’s peer review letter. Mr. Puleo asked about infiltration into the injector pump. Bill Ross of NECE, civil engineering peer reviewer, said a later comment addresses the capacity of the pump station. The site is within that station’s catchment area. Mr. Puleo asked if all utilities will be removed from the lot. Mr. Turner answered affirmatively. Mr. Ross remarked that they did not reference existing utilities, so we ask them to spell that out. Mr. Turner said we will
make sure that is clear. Mr. Puleo asked if there will be an interruption in utility service. Mr. Turner answered that usually the lines are bypassed with no interruption in service. Mr. Ross said despite the service interruption it would entail, he suggests an alternative full body of work that is more appropriate for the site. Mr. Puleo asked when the water tank comes online. Mr. Turner said we don’t know that yes, but the short answer is as soon as possible.
Mr. Moustakis asked if there is sufficient capacity. Mr. Ross said once we get to the gravity system, the capacity is large. Mr. Clarke asked what the problem is with the pump. Mr. Ross said it is an old pump that clogs. Highland Ave. is overcapacity. Ms. Sullivan asked who provides the new pumps? Mr. Ross said it would be the city. Ms. Sullivan said this development could tip the system over. Will the city get any assistance for this from the developer? Mr. Turner said they are meeting with the city and Mr. Ross to start this process. Mr. Puleo noted that other projects have required a pump upgrade. He asked if the city is responsible for a utility line along an easement through the project. Austin said he believes so, but we will know for sure before the board
needs to decide.
Mr. Ross said the proposed shared easement with the city could have challenging wording. Mr. Puleo asked if the city would only access it for water. Mr. Ross answered affirmatively. Mr. Clarke noted that it is a complex and congested easement. Matt Smith of Bohler Engineering, engineer for the applicant, said a small outlet goes into a large wetland area and it may overflow in a large storm. Mr. Puleo asked if that is Strong Water Brook. Mr. Smith answered affirmatively and said only roof water goes in there. Mr. Puleo noted that parking lot water ends up in Forest River.
Mr. Turner said that they have met with Lynn Water and Sewer and they are digesting the information for issues with drainage. He said that Mr. Ross found that the original drainage analysis missed the larger watershed by Belleaire Ave. So we are expanding our study area. He identified the drainage through Lynn and said water ultimately ends up in Floating Bridge Pond. Mr. Puleo asked about the flow west onto Highland. Mr. Turner described it. We are putting together the peer review comments and information from Lynn. Mr. Puleo asked whether the area across Highland can handle and increase in water. Mr. Turner said there will be a very significant stormwater management system holding water and letting it go at a controlled rate. Mr. Puleo asked about water south of the site.
Mr. Smith said that area will have a reduction in water. Mr. Ross remarked that none of the Lowe’s drainage would end up in that area. Mr. Puleo asked where the Lowe’s water goes. Mr. Turner indentified where the water flows. Mr. Clarke asked if Lynn is shown not to be able to handle the drainage, can it be diverted to Salem where there is capacity. Mr. Turner said that if they find a problem with Lynn’s system, they will explore all options.
Mr. Puleo asked if there will be an analysis of the piping carrying water across highland. Mr. Turner said their survey found that all that piping is operating correctly. Mr. Puleo asked if flooding is now due to a bad system in the parking lot. Mr. Turner said proper grading will help move water. Mr. Turner added that they will replace any drainage structures that are not working right. Mr. Puleo asked if Mass Highway must approve the connections and decide if the system is adequate. Mr. Ross said they would assume it is operating and leave it up to the developer. Mr. Clarke asked if they could study the condition of the pipe. Mr. Puleo replied affirmatively.
Ms. Hanscom said her concern is what is wrong with the pump and whether the city can handle the water. Mr. Ross said that is a separate issue. The issue on Highland is runoff, and the pump is for sewage. The pump gets overwhelmed in wet weather. It could be that something is tied into a wrong pipe. But Highland’s flooding is not leading to the pump’s problem. Mr. Clarke asked if it is the case that the sewage injector system cannot handle any more. Mr. Ross answered yes. Ms. Hanscom stated that there is a major water problem on Highland. If this project goes forward, I should see no water there. Mr. Ross said the existing Wal-Mart is below Highland, so it is not the cause of the problem. Ms. Hanscom said if no one knows where the water is coming from, we can’t fix it..
Ms. Sullivan asked if this is the time to get Mass Highway involved. Mr. Correnti said they are involved, but you don’t hear them now. We are seeking permits from them and there is the MEPA process. What have more work to do. We will continue and come back to you. Mr. Ross said if pipes are simply clogged with dirt, it could be fixed and be a major improvement. Mr. Clarke asked if any work is being done to look at shared parking to reduce the paved area collecting water. Mr. Correnti said so much was done prior to filing. We don’t think there is much chance to adjust the site plan dramatically, because of the size, shape, and topography of the land.
Issue Opened Up for Public Comment
Bill Trahant, 215 Verona St., Lynn, Ward 2 Councilor, approached the projector’s screen and said the developers now have Lynn’s information and have no answers. You have the pumping station problem and water going into Lynn. The abutting subdivision is suffering from this project. Water goes into Buchanan Circle. We have recently had several major storms with water coming down to the bridge. Basements have to be pumped out every time. They know we have flooding issues and the water will come into Lynn neighborhoods. Residents have suffered major property damage in the neighborhood. This will only get worse. I am glad they met with Lynn Water and Sewer and plan to go to a public hearing in Lynn. The audience applauded.
Deborah Smith Walsh, 16 Coolidge Rd., Lynn, said we don’t have answers yet and I appreciate the board’s questions. I am concerned about the camp. Our understanding was that Camp Fire would have their whole facility rebuilt, but now they are getting land and a slab. I am concerned about how parents will drive in and out. I worry that there won’t be a camp at all, with its affordable programs and summer employment for young people.
Peter Frangipane, 40 Western Ave., Lynn, said the Wetlands map is old and Wetlands have expanded. He displayed a more recent map. You should use accurate and up to date maps. The wetlands are behind my house. My neighborhood floods regularly. No pump is big enough to keep water off the bridge with this development. New pavement means less water is absorbed. I ask you where the water will go. It still goes into the reservoir without being filtered.
A member of the public asked if traffic has been discussed. Mr. Puleo said yes, and that there will be more traffic discussion coming up.
Dan Cahill, Lynn City Councilor at Large, 20 Belleaire Ave., Lynn, thanked the board for its questions and thanked the applicant for improved maps. We received a rendering of the new Lowe’s in the mail. Can we have a picture of the entire project?
Katerina Panagiotakis, 150 Ocean St., Lynn, said the project is horrid and wrong. Water flows now into wetlands, potential vernal pools, a stream and into Spring Pond. The pond is under Chapter 91 jurisdiction. The project will dry out wetlands and reduce the level of the reservoir. This is not an adequate solution. Is the cell phone tower remaining? I am concerned about cell phone radiation in drinking water. The project is unethical and this is an area loved by so many people. It was recently voted to be one of the 1,000 Great Places in Massachusetts. An expanded Wal-Mart will mean trees are lost. We have collected thousands of signatures. Lighting will reflect off cars, and headlights from cars going uphill will shine off the site. The buffer includes deciduous
trees, which will lose leaves in the fall.
A member of the public stated that Wal-Mart is always flooded and asked where water will go if the lot is raised.
Leslie Courtemanche, 97 Fellsmere St., Lynn, said she rejects Mr. Correnti’s statement that they don’t have a sense of the area. We certainly do have a sense of it. It has been loved by many people for centuries. It is a perfect place for a natural reservation. The project should be denied based on traffic, runoff and the impact on the overall harmony of the area.
A member of the public said he is for the project but has concerns about water. Are developers going to mitigate the water problem and to what degree? Mr. Correnti said first they identify the problem and find causes, then seek solutions. There is no doubt there is an existing problem. We now have a lot of good information from Lynn and a better understanding of the neighborhood. We can’t talk about mitigation until we understand the problem. So the study continues. Ms. Duncan noted that the developer is required to ensure that the traffic and drainage situation is not exacerbated. So they will need to mitigate the impact of the development.
Mr. Ready said there is an evolving water management plan. Perhaps after meeting with Lynn, there is an opportunity to incorporate Lynn into the plan. Mr. Correnti confirmed this. This is the first time a stormwater management plan has been proposed for these neighborhoods. This is an ongoing effort and we are committed to broadening our scope.
Cynthia Stamatopulos, 3 Pond St., Peabody, asked if Spring Pond will be in the study. Mr. Correnti answered affirmatively.
Mary Dyce, 139 Marlborough Rd., said she supports the project if drainage can be controlled. I would like to also know more about the camp. My children went there. Mr. Ross said the drainage review is a long process that continues. The first step is determining boundaries, which the applicant has agreed to expand. We don’t agree that they have expanded far enough. Then the study will go deeper, so there is more to come.
Scott Weisberg, 17 Tanglewood Lane, said he is chair of nearby condominiums which support the project. We have worked from day one with the developers. This is a good project for the city and I support it.
A motion was made by Christine Sullivan to continue the Public Hearing at the September 16 meeting, seconded by Tim Ready and approved 8-0 (Chuck Puleo, John Moustakis, Randy Clark, Nadine Hanscom, Helen Sides, Christine Sullivan, Tim Kavanaugh, and Tim Ready in favor, none opposed).
Old/New Business
None
Adjournment
A motion was made by Randy Clarke to adjourn, seconded by Nadine Hanscom and approved 8-0 (Chuck Puleo, John Moustakis, Randy Clark, Nadine Hanscom, Helen Sides, Christine Sullivan, Tim Kavanaugh, and Tim Ready in favor, none opposed).
Meeting adjourned at 9:50 p.m.
Respectfully Submitted,
Tom Devine
Interim Staff Planner
Approved by the Planning Board on August 19, 2010.
In addition to applications before the Board and related materials, the following documents are referenced in these minutes and are available at the Department of Planning and Community Development:
Email from Richard Swiniuch dated 7-25-10
Definitive Subdivision Plan for Cloverdale Avenue dated 2-12-01
Kennedy Development Group PowerPoint Presentation dated 7-15-10
NECE Peer Review Letter and Kennedy Development Group response dated 7-15-10
Cloverdale – Decision to Release Cash Surety
July 16, 2010
Angelo Meimeteas
30 Cloverdale Ave.
Salem, MA 01970
RE: Decision to release cash surety
The Salem Planning Board met on July 15, 2010 to discuss the request of Angelo Meimeteas to release a $25,000 cash surety for completion of all work relating to the construction of Cloverdale Avenue Definitive Subdivision as approved on April 19, 2001 and amended December 3, 2009. On July 15, 2010, the Board, by a vote of eight (8) in favor (Puleo, Moustakis, Clarke, Hanscom, Kavanaugh, Ready, Sullivan, and Sides) and none opposed, voted to approve the release of the cash surety, subject to the following conditions.
- A portion of the surety in the amount of $10,000 is to be released.
- The remaining surety in the amount of $15,000 is to be released upon approval by the City Engineer that all work relating to roadway paving, grading and drainage has been completed in a satisfactory manner.
- In the event that the City Engineer does not approve the work as complete, the matter shall return to the Board for consideration.
Sincerely,
Charles M. Puleo
Chair
CC: Cheryl La Pointe, City Clerk
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