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Approved Minutes 09/30/2010
Salem Planning Board
Minutes of Meeting
September 30, 2010

A regular meeting of the Salem Planning Board was held on Thursday, September 30, 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, Mark George, Randy Clarke, Helen Sides, Christine Sullivan, Nadine Hanscom, Tim Ready, and Tim Kavanaugh.  Also present: Lynn Duncan, Director, Department of Planning and Community Development, Danielle McKnight, Staff Planner, and Beth Gerard, Planning Board Recording Clerk.

Chuck Puleo opened the meeting at 7:08 pm.

Approval of Minutes

Approval of Minutes – The minutes from the September 30, 2010 meeting were reviewed.  Chuck Puleo asked for clarification on the minutes on pages 4 and 6, .  John Moustakis makes a motion to approve the minutes with edits, seconded by Randy Clarke and approved 9-0.

Request of ANTHONY TIRO for an insignificant change to the previously approved Approval Not Required and Waiver from Frontage Plan at 7-17 THOMAS CIRCLE to eliminate the required guardrail and retain an existing rock wall, or to move the guardrail inwards.

Chuck Puleo states that Dave Knowlton recommended that the boulders be retained, rather than installing a guardrail  because the guardrail could not be installed on ledge and would result in a narrower pavement width.  Christine Sullivan stated that her understanding of this issue was that contractors putting in guardrail had concerns that the guardrail would not hold well.  

Issue is opened up for public comment.

Susan Howland, 3 Thomas Circle, stated that there was an approved plan from 2006 showing the guardrail, and that it should be installed as approved; it is important to the safety of the neighborhood.

Richard Williams, 3 Thomas Circle, noted that the plan was approved in 2000 with numerous changes proposed since then.  He does not think the plans should be changed. He also stated that he thought the board decided at last meeting to ask Mr. Tiro to post a $77k bond to get an occupancy permit for his 4th house, to make sure that all the requirements around the plan were performed.  Additionally there were hours spent talking about widening that road.  Mr. Williams’ daughter was willing to give the city the 6 feet of land to make a 20 foot road and nothing has been resolved.  Mr. Williams urged the board to stick with plan as it was signed for years ago.  Helen Sides asked for clarification on what about these boulders and why the request has been submitted leaving the boulders where they are rather than removing them and replacing with the guardrail.    

Anthony Tiro, 9 Gianna Drive, Saugus, MA, said the plan that he inherited stated that a guardrail should be placed in that location by MassHighway specifications.  After doing research with 4 different guardrail companies and speaking with the Department of Transportation’s engineering department, all 4 stated that no specification is possible because they cannot bolt a guardrail into ledge, for safety reasons.  The guardrail company stated that to ensure the integrity of the guardrail that the guardrail be placed in suitable material below the ledge, which would bring the guardrail in and narrow the roadway. Lynn Duncan noted that the City Engineer recommends that he would rather see the road be wider rather than the guardrail being installed.  

Helen Sides asked if this was the same location as the curve where Mrs. Howland was willing to give up land.  Chuck Puleo said that location was across the street.  Randy Clarke asked where the city stands on this.  Lynn Duncan stated that they are awaiting a determination from the Building Inspector and City Solicitor on whether the donation of the Howlands’ land for the roadway would cause a non-conformity in their lot.  

Susan Howland, 3 Thomas Circle, stated that Mr. Tiro’s plot plan was not updated, and that originally her property consisted of two lots of land, but they were now merged.  Chuck Puleo stated that the Board needed to hear from the City Solicitor about this issue.   Mr. Tiro stated that once that is resolved, he is willing to do what is asked of him once City Solicitor makes his decision. Nadine Hanscom said it was strange that the guardrail was approved if it wouldn’t work.  Board members discussed the narrowing of the roadway with the guardrail versus leaving the greater width with the boulders; Ms. Duncan reminded the Board of the City Engineer’s recommendation that the guardrail should not be installed.  Board members asked if the City Engineer could provide greater detail as to why he made this recommendation.

Richard Williams, stated he felt the guardrail could in fact be installed as originally planned.   

Randy Clarke made a motion to continue to the next meeting on October 21, seconded by Nadine Hanscom and approved 9-0.

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.
Continuation of 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.

Attorney Joseph Correnti, 63 Federal Street, representing Kennedy Development Group, updated the Board on the project, and said the project engineers would be showing a revised site plan showing changes to the site driveway, and a drainage report with an expanded scope, based on what was requested by the Board.  He introduced Austin Turner from Tetra Tech Rizzo and Matt Smith from Bohler, the two site engineers.  He said they would also be presenting environmental issues misrepresented at previous meetings.  He said traffic counts and suggested improvements by their traffic consultant would be presented at the next meeting.  

Austin Turner of Tetra Tech Rizzo, 1 Grant Street, Framingham MA, presented revised plans in a powerpoint presentation titled “Proposed Lowe’s, Meineke and Walmart Expansions, City of Salem Water Storage Tank, and Future Camp Fire Improvements” (hereby incorporated as part of these minutes and available for review at the Department of Planning and Community Development)  He stated that they amended the site plan to get rid of the Camp Lion driveway; there is now one entrance.  They also made minor modifications at the Lowe’s site in the Garden Center area which included getting rid of the turning circle to allow a much longer stream corridor.  Mr. Turner said the new plan improves their wetland mitigation, changing the ratio of replication from 3.5 to 1 to 3 to 1.  He noted that relocating the camp driveway creates a greater buffer between the project and the neighborhoods.  Randy Clarke asked about the width of the driveway; Mr. Turner said it was 24 feet.

Mr. Turner said that per a request by Bill Ross, the City’s engineering peer reviewer, they expanded the area for the drainage analysis from 17 acres to 61 acres.  He said they met with Lynn Water and Sewer to discuss the expanded drainage plans.  He said conceptually Mr. Ross is on board with it.  He said their findings demonstrate that this will reduce peak rate of runoff at all points of study which is requirement in state of Massachusetts water guidelines.  He said their plan mimicks existing hydrology and takes care of the stormwater so that it’s as if the project doesn’t exist.  

Mr. Turner then explained how the project relates nearby natural resources, such as Spring Pond for example. He said that through correspondence with the US Fisheries and & Wildlife they confirmed that there are no federally listed threatened or endangered species or habitats of those species on or around the project area.  He said the site is not located within a priority area of rare species and is not subject to review by the Massachusetts Division of Fisheries and Wildlife.  He says they also had an expert field investigation, which also found that there are no endangered or threatened species.  He said Mass Historical Commission also confirmed that there are no known sites of historical, cultural and archaeological significance on site.  Additionally, Mass Historic Commission and Massachusetts Cultural Information System stated that there are no state or federal properties on site as well as no prehistoric significance.  Lastly, he noted that Spring Pond at its closest location to the project is almost a 1/2 mile away.  

Rob Jess, Development Manager with Lowes gave an overview of their sustainability initiatives, including energy conservation and recycling, in response to questions asked at the last meeting.  He described site specific initiatives including:
  • High reflective cool roof design
  • Additional roof insulation
  • Demand control ventilation
  • Energy sub-metering
  • Energy management program
  • Building management system
  • Office space motion detectors
  • Use of day lighting in garden center
  • Partial green power purchasing
He noted that PV solar panels are included in the designs, and there is a very good chance that they will be used, as long as they are economical.

Chuck Puleo asked that the discussion return to the first part of the presentation as there were further questions on the expanded study.

Mark George asked for clarification on the new driveway location and how the Camp would be accessed; Austin Turner explained the camp would be accessed through the development site and the old camp road eliminated.  Mr. George asked about the movement of the building’s footprint and changes to the garden center.    Austin Turner said the garden center had previously had a truck turning area, which had now been removed to decrease impervious surface area and provide greater separation between the camp and the stores.  Mark George asked about Mr. Turner’s assertion that the drainage would be improved over the current situation.  Mr. Turner stated that the project will reduce peak rate of runoff to that location from the existing condition.  Mark George asked how and Mr. Turner stated that it will mimic existing hydrology by holding back a lot of water and letting it out slowly.  Chuck Puleo asked how significant of an improvement is it?  Mr. Turner stated that it will hold back a significant amount of water. They designed the system to not overburden the stream which will allow for a less of a peak flow rate at study point.  

Nadine Hanscom asked if they would be replacing the older, ineffective drainage infrastructure on Highland Ave.  Mr. Turner said no.  Ms. Hanscom said she would prefer to see this done; the development’s drainage system might not be effective if it’s simply draining into old infrastructure.  Bill Ross said he discussed this issue with the project’s engineers and they will agree to a condition requiring the developer to evaluate existing drainage on the site and fix anything that they find in front of the Mass Highway property.  While this detail is not shown on the demolition plans yet, Mr. Ross said the engineers assured him that all the old infrastructure on the site will be removed and replaced.  Bill Ross agrees and further states that MassHighway is offering to look at site. Matt Smith of Bohler Engineering (engineer for Wal-Mart) stated that they also go through a state review process with MEPA.  After this review, another group of engineers that will look at these issues.  They are interested in maintaining good drainage; Wal-Mart does not want the road flooding in front of it.  They will also go through the process with MassHighway.  Nadine Hanscom asked about having the developer get an evaluation of the current infrastructure.  Matt Smith stated that this is just a phase of the project and is just a matter of timing.  They don’t prepare for that until after getting through the MEPA review process.  Christine Sullivan stated that the Board doesn’t want to approve a project that will cause Highland Ave to flood.  Chuck Puleo stated that the new system will have to get approval from the state.   Chuck Puleo asked what information from Lynn Water & Sewer indicated that there was anything to upgrade.  Austin Turner stated that recently the outlet to Floating Bridge Pond was upgraded, but they currently have no other upgrades planned.

Christine Sullivan asked for clarification of the project’s impact on Buchanan Circle.  and whether the project would make storm water drainage better or worse.  Austin Turner said it is going to make it better but did not have a specific quantifiable amount that he could specify at the meeting. .   Bill Ross explained that it would be a small improvement.    Christine Sullivan asked if there is there something that could be done that could make the situation even better.  Nadine Hanscom stated that we don’t want to have any more problems than there are currently, and the project’s goal should be a significant improvement, perhaps a 25 – 30% improvement.  

Tim Ready stated that we can’t hold developers to the standards of the Hoover Dam.    He noted that the project would now be retaining a significant amount of water in the area that is currently uncontrolled.

Chuck Puleo asked what the plan was for the existing roadway.  Austin Turner said they would demolish the existing roadway.  Randy Clarke noted that with the changes, the project gains
24 more feet of landscape and trees, and this would help with noise and drainage.

Chuck Puleo asked Austin Turner to walk the Board through how trucks will function without a truck turning area, whether there would be a separate loading dock, and how trucks would exit.  Austin Turner stated that trucks will come out through the signal.  Chuck Puleo asked whether they would be showing new elevation drawings; Mr. Turner responded that the renderings were available, but not final and suggested we wait until the next meeting to view them.

Helen Sides wanted to hear more about sustainability and asked if Lowe’s would receive LEED certification.  Rob Jess said no, but it would meet many LEED requirements nonetheless without undergoing certification; Ms. Sides expressed her preference that it be LEED certified, or at least the best possible green design that a Lowe’s can be.  


M. George asked about the condition of the drainage pipes in Highland Avenue.  John Moustakis asked the Planning Department to contact the State MassDOT to see if they would determine the condition of the drainage pipes because it is a State highway.  John Moustakis asked what are the hours of deliveries going to into Lowe’s.  Rob Jess said they would be the same as the store hours - between 6 am and 10 pm.  

Randy Clarke asked that the project be as green as possible and incorporate solar panels, especially considering the large footprint of the building.  

Issue is opened up for public comment
Chuck Puleo stated that there are a lot of labor representatives and requested that 1 or 2 represent the unions.  

Calvin Anderson, 12 Concord St, Lynn, asked what the retaining pools consist of?  Will they have leeching capabilities?  Are they mosquito incubators?  How are they controlled as far as the flow?  Austin Turner stated that they identified areas where the pools are going to be. Chuck Puleo asked what’s there now.  Austin Turner responded that there is steep rock base.  He said the storm water will be directed to the pools, which will be in a mild depression.  The pools will let the water out at a slow, controlled rate.  Maintenance will be done to keep them working properly.  He says that currently the geology on the site is just big rocks; water that hits it today runs off in sheets.  

Chuck Puleo asked, when the rain stops and dries out what will the pools look like?  Austin Turner explained said the basins take about 36 to 48 hours to dry out; there might me a small amount of standing water below the lowest outlet.

Ron Tarmey, 60 Cavendish Circle; asked if the project will block access to Camp Lion.  Austin Turner said the camp would now be accessed through the development.

Richard Morrison, 4 Riverbank Road, Salem says his interest is in providing jobs and states his support for the project.
 
Tom Demakis, Lynn,  asked if the installation of solar panels makes the building more visible from the road.  Rob Jess stated that they would be installed at about a 5-degree angle, so they would not be very high.  Tom Marcus asked if the panels are reflective.  Rob Jess said he will find out.  Chuck Puleo asked about the roof of building.  Rob Jess states that it is a 1” slope with a large gutter along the back.

Timothy Fandell, Local 12 in Boston (building trades), states his support for the project, noting the area is properly zoned for the proposal.  He says the project would create 150 retail jobs and upwards of 200 – 250 total jobs.  He notes how dire construction has been in this economy.  He says Lynn, Peabody, and Salem residents will be working on these jobs.  He says the project will increase the tax base.  He says both Lowe’s and Wal-Mart should be commended for green design.  He believes that this is a proactive developer trying to be a good neighbor, good steward for the environment.

Paul Lynch, representing the ironworkers, states their support for the project because of its potential to create jobs and increase the tax base.  

Katerina Panagiotakis, Ocean Ave, Lynn, says this project is not in the right place, since archaeological resources have been discovered in this area.  She says the land has a clearly man-made bridge and kiln from long ago.  She spoke to the National Park Service and says they are very concerned about the possible resources on the land.  She says the Mashpee tribe says that stones are ceremonial.  It is correct that a recent letter was sent from the State stating that there is no evidence of  archaeological resources.  But another letter in 2008 said artifacts found on the site may be archaeological.  Chuck Puleo asked if there is a specific part of the site she is referring to.  Ms. Panagiotakis stated that there is a specific site, but the tribe does not identify these areas publically. Chuck Puleo said the Board welcomed any additional information she might have.

Joe Marra, 4 Malm Ave, states his support for the project; he is impressed with the green design plans and the potential job creation.

Councillor Jerry Ryan, 4 Nichols Street, states his support for the project, noting that the drainage problems already exist and this project affords an opportunity to address these problems.  He also supports the creation of jobs the project would provide.

Norm Cole, Coolidge Road, Lynn, presented photos  of the camp site access road and surrounding area which showed the drainage infrastructure neglected and overgrown, saying this must be fixed for the current project to provide any flooding relief (photos are dated 9/16/10 and are hereby incorporated as part of these minutes; they are available for review at the Department of Planning and Community Development). He also asked about balloons the developers were supposed to put up to show the proposed height of the buildings.  Austin Turner stated that the balloon study is complete; they left them up for two days.

Barry Neally, 15 Lynn Street, Salem.  Asked if there is there any commitment by Lowe’s and Wal-Mart to use local labor for these projects?   He would like to see such a commitment.

Nadine Hanscome moved to continue the public hearing to October 21st, seconded by Helen sides and approved 9-0.


Public Hearing: Request of UNITED STATES BIOLOGICAL for Site Plan Review for an approximately 4.8 acre part of the property located at 4 TECHNOLOGY WAY. (Map 7, Lot 79), Salem, MA (proposed construction of a two-story building with approximately 86,500 sq. ft. of light industrial space). ~

Dan DiLullo, architect in Melrose, MA, presented the site plan (plans are titled “United States Biological” Salem Business Park in Salem, MA,” dated August 17, 2010 and revised September 10, 2010; they are hereby incorporated as part of these minutes and are available for review at the Department of Planning and Community Development).  He explained that the site is a 43,000 +/- parcel of property off Technology Way. The site is undeveloped.   They are in discussion with Department of Public Works, Fire Department and have a package in front of Conservation Commission and Board of Health.  He also noted that the 21E is done; the site is clean.  They are getting prices on site development.  

Warren Shore, US Biological.  Stated that he is privileged to be welcomed into Salem and gave a brief description of what US Biological does: Molecular biology, biotech, pharmaceutical, distributers of reagents used in research as well as proteins used in research.  Nothing that is used in humans.  They currently have another operation in Marblehead.  He invited the Planning Board to come by and get a tour at any time.  Tim Ready asked how many people are employed?  Warren Shore said 23 and this would be large expansion of the business.  Tim ready asked if these are professional jobs.  Warren Shore said these new jobs will be in technical support, customer service, etc. They are hiring from Salem State and NSCC for higher level jobs, both technical and nontechnical.

Christine Sullivan asked how his company cleans up a spill? Warren Shore explained the process.

Randy Clarke asked if they were subject to state regulations regarding dangerous substances; Mr. Shore said no, they no longer ship poisons, corrosives or flammables.  

Christine Sullivan asked how many jobs they thought they were going to add, given they were occupying half the building.  Warren Shore responded  5 -10, but plans to expand in the additional space.

Donald Seaberg, the project’s engineer, explained the site plan.  He stated that there are two entrances off Technology Way.  He also noted that this was land court property, and they would be coming in for an 81P plan to separate out the project site from the rest of the parcel.  The project would take up 4.8 acres of the site.  He discussed drainage - there would be a retention pond to handle any increase in flows.  Donald Seaberg showed the wetlands around the site.

He says they pushed the road over a little and got the site up as high as they could because it’s ledge.  He says the plan is 47% open space and the building coverage is well below what is allowed.

Randy Clarke asked how much open space between the facility and closest house.  Donald Seaberg responded about 200 feet.  Randy Clarke asked what kind of elevation is the project?  Donald Seaberg responded that the highest elevation is 120’.  Randy Clarke and Helen Sides asked about the height of the project and how it compares to the nearby houses; Don Seaberg says the neighborhood should not be able to see the rooftop, considering the heights and landscape buffer. Dan DiLullo stated that he doesn’t envision using any rooftop mounted equipment.   

Mark George asked how far is the site from wetlands? Donald Seaberg said about 40’ at the closest point.  

Chuck Puleo asked what are the hours of operations and Warren Shore responded stating 9-5.  Mark
George asked what is the nature of buffer, is it wooded?  Donald Seaberg said he’s proposing to keep what’s there.  Mark George asked what is the elevation?  Donald Seaberg states that he is not 100% sure.  Mark George asked if the surrounding houses are higher?  

Ron Tarmey, 60 Cavendish Circle asked if they have had problems with the Town of Marblehead – their Fire Dept., for example, or any issues with biohazards?  Warren Shore stated that there have been no problems.  Danielle McKnight added that the Salem Fire Marshall has been in contact with the Marblehead Fire Dept. and Lt. Griffin will base her comments on feedback from Marblehead.  Lynn Duncan stated that they are waiting for comments not only from Lt. Griffin but also from the  City Engineer.

Danielle McKnight asked if the Board had the latest revised plans.  Mr. Shore provided copies of the revised plans.

Chuck Puleo asked if there were plans to add additional lights to the parking lot besides the wall pack?  Donald Seaberg- stated that was not in the plans at this time.  Helen Sides and Randy Clarke asked if he could cut back on the parking.  Lynn Duncan recommended making it part of the plan to be reserved for future parking - grassed over for now, and paved if they need to expand.  Donald Seaberg said he could pull some of the parking back.  Lynn Duncan stated that the Planning Board can approve it with future plans for the area.

Christine Sullivan stated that the lighting could be an issue; are they confident that the lighting will eliminate dark corners?  Dan DiLullo offered to do a photometric plan of lighting on the building.  Chuck Puleo stated that he wants to make sure it’s lit enough and safe enough.

Tim Ready asked about delivery trucks.  Warren Shore stated that he uses Fed Ex and UPS.  Tim ready then asked about security capabilities at night.  Warren Shore stated that he uses a local alarm company.  Tim ready asked if the building was manned.  Warren Shore said he shared the alarm system with Salem Glass and he would discuss it with them.

Helen Sides made a motion to continue the matter to the October 21st meeting, seconded by Randy Clarke and passed 9-0.  

Public hearing: Request of CLEARWIRELESS, LLC for a Wireless Communications Facility Special Permit for the property located at 52-60 DOW STREET (Map 34, Lot 211), Salem, MA. ~The applicant proposes to install three (3) WiMAX antennas and three (3) backhaul dish antennas to be mounted on the existing chimneys on the rooftop of the multifamily residential building.

Anne Grant, representing Clear Wireless directed the board to the plans on Tab 3 and the views on sections A1 and A2.   She explained that Clear Wireless is an affiliate of Sprint.  The applicant proposes  adding three WiMAX antennas and three wireless backhaul dish antennas to the existing chimney and painting them to match the building.  Additionally there is a supporting cabinet proposed.  Christine Sullivan asked what it would look at before and after; Ms. Grant referred to the renderings in the application.  Randy Clarke noted that the Board had approved similar plans before.    Tim Ready stated that the plans are not obtrusive and look fine.   Helen Sides explained that the color the applicant should paint the equipment depended on what structures they are attached to - equipment above the roofline should be black, but equipment below the roofline should be painted the color of the roof.

Randy Clarke made the motion to approve with the condition that the equipment be painted black above the roofline and the color of the roof below the roofline.  Tim Ready seconded.  The motion passed 9-0 (Clarke, Ready, Sides, Puleo, Moustakis, Hanscom, Kavanaugh, George and Sullivan in favor, none opposed).   Decision is hereby incorporated as part of these minutes and is attached.
Old/New Business
New Business: Request to extend final action on a Form A plan believed not to require approval, 12 Derby Street (petitioner Ian Hunter) to 10/25/10.
Danielle McKnight stated that the applicant for 12 Derby Street  has requested to extend the deadline for Planning Board action until October 25, 2010. Randy Clarke moved to extend final action on the petition to October 25, 2010, seconded by Helen Sides and approved 9-0 (Clarke, Ready, Sides, Puleo, Moustakis, Hanscom, Kavanaugh, George and Sullivan in favor, none opposed).

Motion to adjourn made by Tim Ready; seconded by Randy Clarke and unanimously approved. Meeting adjourned at 10:30 p.m.

Respectfully Submitted,
Beth Gerard, Planning Board Clerk






Wireless Special Permit Decision
For The Petition of CLEAR WIRELESS, LLC, an affiliate of SPRINT SPECTRUM, L.P. For The Property Located At 52-60 DOW STREET

A Public Hearing on this petition was held on September 30, 2010.  The following Planning Board members were present: Chuck Puleo (Chair), John Moustakis, Randy Clarke, Nadine Hanscom, Mark George, Tim Kavanaugh, Tim Ready, Christine Sullivan, and Helen Sides.  Notice of this meeting was sent to abutters and notice of the hearing was properly published in the Salem News.

The petitioner is requesting a Wireless Communication Facility Special Permit under Section 6.6, Wireless Communications Facilities (WCF) of the City of Salem Zoning Ordinance, to allow for the installation of three (3) WiMAX antennas, and three (3) backhaul dish antennas to be mounted on the existing chimneys on the rooftop of the multifamily residential building at 52-60 Dow Street (Map 34, Lot 211), Salem, MA.  

The Planning Board reviewed the application and plans submitted and found that the petitioner addressed the requirements of this section for the issuance of a Special Permit.

On September 30, 2010, the Board closed the Public Hearing and the Planning Board voted by a vote of nine (9) in favor, none (0) opposed, to grant the Wireless Communication Facility Special Permit for the location stated above, in accordance with the applications dated August 11, 2010 and site plan last dated June 25, 2010, titled “Site Name: 52-60 Dow Street; Site Number: MA-BOS7546-B,” sheets T-1, GN-1, C-1, A-1, A-2, D-1, D2, G-1, G-2, and E-1, and drawn by Aerial Spectrum Inc. submitted and now part of the file.  

The Special Permit was approved with the following conditions:

  • The equipment that extends beyond the roofline shall be painted black; equipment mounted below the roofline shall be painted the same color as the roof.
  • The applicant, his successors or assigns shall maintain the appearance of the equipment.
This endorsement shall not take effect until a copy of the decision bearing certification of the City Clerk that twenty (20) days have elapsed and no appeal has been filed or that if such appeal has been filed that it has been dismissed or denied, is recorded in the Essex South Registry of Deeds and is indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner’s certificate of title.  The fee for recording or registering shall be paid by the owner or applicant.

I hereby certify that a copy of this decision is on file with the City Clerk and that a copy of the decision and plans is on file with the Planning Board.


Charles Puleo, Chair

Minutes approved by the Planning Board 10/21/10