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Approved Minutes 11/4/2010
PLANNING BOARD MEETING MINUTES 11/4/10

A regular meeting of the Salem Planning Board was held on Thursday, November 4, 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: Danielle McKnight, Staff Planner, and Beth Gerard, Planning Board Recording Clerk.

Chuck Puleo opened the meeting at 7:06 pm

Approval of Minutes
10/21/10 Planning Board meeting minutes

The minutes from the October 21, 2010 meeting were reviewed.   No comments or corrections were made by the Planning Board members.  Mark George motioned to approve, seconded by Randy Clarke.  Approved 9-0


Public Hearing: Request of IAN HUNTER for a waiver from the frontage requirements of the Subdivision Control Law to allow the movement of the lot lines between the properties located at 12 DERBY STREET and 14 REAR FORT AVENUE (Map 41, Lots 260 and 268).

Ian Hunter, 14 Rear Fort Avenue, presented the proposal to redraw lot lines based on an existing reciprocal line of easement at both 12 Derby Street and 14 Rear Fort Avenue.  Mr. Hunter explained the “reciprocal line of easement” as defined by the Registry of Deeds and described the lot locations.  Mr. Hunter has a driveway on 12 Derby Street, and his neighbor is deeding it to him.  Chuck Puleo asked for clarification on lot lines and asked if the lots in question are non-conforming.  Mr. Hunter said both of the lots are non-conforming. He added that currently his driveway is on 12 Derby Street’s land, but the lot has been used by 14 Rear Fort Avenue for access .

Issue opened up for public comment
No comments were received by the public.

Randy Clarke motioned to close the public hearing, seconded by Christine Sullivan.  All approved 9-0.

Motion to approve the petition made by Nadine Hanscom, seconded by Randy Clarke.  Approved 8-0.  Mark George abstained.

Form A: Request of IAN HUNTER for endorsement of plan believed not to require approval, to allow the movement of the lot lines between the properties located at 12 DERBY STREET and 14 REAR FORT AVENUE (Map 41, Lots 260 and 268).

Motion to endorse made by Randy Clarke, Nadine Hanscom seconded.  All approved 8-0, with Mark George abstaining from voting.

Public Hearing: Request of CHRISTOS LIRANTONAKIS for a waiver from the frontage requirements of the Subdivision Control Law to allow the subdivision of the property located at 20 MAPLE AVENUE (Map 21, Lot 220) into two lots.

Danielle McKnight gave the board a brief history of the project and explained that it went before Board of Appeals to receive relief from frontage and lot area, which was granted.  Christos Lirantonakis, 20 Maple Avenue, explained that he wants to divide his lots in half to build another house, and needs relief from the frontage requirements..  Mr. George asked clarifications from the ZBA (Zoning Board of Appeals) decisions.  Ms. McKnight explained that part of the ZBA decision was based on the fact that this change is in line with the layout of the neighborhood.  Ms. Sullivan asked what the role of this Board is since the ZBA has already approved this plan.  Ms. McKnight stated that both boards have to approve this change and ZBA has given the relief they were petitioned for.  The actual change in the lot lines is what the Planning Board decides.  

Ms. Sides asked about the location of the driveways; Mr. Lirantonakis indicated them on the site plan.

Issue opened up for public comment
No one from the public was present to comment.

John Moustakis motioned to approve, Mark George seconded. Approved 9-0.

Form A: Request of CHRISTOS LARANTONAKIS for endorsement of plan believed not to require approval, to allow the subdivision of the property located at 20 MAPLE AVENUE (Map 21, Lot 220) into two lots.

Motion to approve by Nadine Hanscom, seconded by Randy Clarke, all approved

Continuation of Public Hearing: Request of KENNEDY DEVELOPMENT GROUP, INC. for Site Plan Review and Planned Unit Development 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.  APPLICANT REQUESTS TO CONTINUE TO NOVEMBER 18, 2010.

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.  APPLICANT REQUESTS TO CONTINUE TO NOVEMBER 18, 2010.

Atty Joseph Correnti requested that the hearing be continued to the next meeting on 11/18/10.  They are working with the peer review consultants from the city on the traffic and drainage issues and will be prepared to present those recommendations at the next Planning Board meeting.  

Motion to continue the public hearing to November 18, 2010 made by Christine Sullivan, Randy Clarke seconded.  Approved 9-0.

Old/New Business


Adjournment
Motion to adjourn made by Randy Clarke, seconded by Nadine Hanscom.  Approved 9-0.  Chuck Puleo adjourns the meeting at 8:00 p.m.

Respectfully submitted,
Beth Gerard, Recording Clerk

Minutes approved with edits by the Planning Board 12/2/10




Decisions

Corrected Decision
Waiver from Frontage
12 Derby Street and 14 Rear Fort Avenue

A Public Hearing on this petition was held on, and closed on November 4, 2010 with the following Board Members present: Chair Charles Puleo, John Moustakis, Randy Clarke, Mark George, Helen Sides, Tim Kavanaugh, Nadine Hanscom, Christine Sullivan, and Tim Ready.  

Petitioner Ian Hunter (owner of 14 Rear Fort Avenue, AKA 14 ½ Fort Avenue) requests a waiver from frontage requirements from the Subdivision Regulations and under MGL Chapter 41, Section 81R, to allow the property line between 12 Derby Street and 14 Rear Fort Avenue to be moved, reducing the frontage of 12 Derby Street from 57 to 41 feet, where 100 feet of frontage is required.

The Waiver from Frontage is granted for the property located at 12 Derby Street, as shown on the plans titled, “Plan of Land in Salem, Massachusetts, Prepared for Ian T. & Sarah P. Hunter, 14R Fort Avenue and Thomas P. Cote, 12 Derby Street,” Prepared by LeBlanc Survey Associates, Inc. 161 Holten Street, Danvers, MA 01923, dated June 23, 2010.  

The Planning Board voted by a vote of eight (8) in favor (Puleo, Moustakis Sides, Sullivan, Clarke,  Ready, Kavanaugh, and Hanscom), and none opposed, with George abstaining, to grant the waiver from frontage requirements for 12 Derby Street.

The endorsement shall not take effect until a copy of the decisions 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 and noted on the owner’s certificate of title.  The owner or applicant shall pay the fee for recording or registering.

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 M. Puleo,
Chair





Corrected Form A – Decision
12 Derby Street and 14 Rear Fort Avenue


On November 4, 2010, the Salem Planning Board voted 8-0 (Charles Puleo, Tim Kavanaugh, John Moustakis, Tim Ready, Randy Clarke, Christine Sullivan, Nadine Hanscom, and Helen Sides in favor, none opposed, Mark George abstaining) to endorse “Approval Under Subdivision Control Law Not Required” on the following described plan:

  • Applicant:  Ian Hunter
  • Location: 12 Derby Street and 14 Rear Fort Avenue (AKA 14 ½ Rear Avenue)
  • Project Description:  The applicant requests to move the property line between 12 Derby Street and 14 Rear Fort Avenue as shown on the plan titled “Plan of Land in Salem, Massachusetts, Prepared for Ian T. & Sarah P. Hunter, 14R Fort Avenue and Thomas P. Cote, 12 Derby Street,” Prepared by LeBlanc Survey Associates, Inc. 161 Holten Street, Danvers, MA 01923, dated June 23, 2010.  
A Waiver from Frontage was also granted by the Planning Board on November 4, 2010 for 12 Derby Street to allow 41 feet of frontage instead of the required 100.


Sincerely,


Charles M. Puleo
Chair


Cc:
Cheryl LaPointe, City Clerk


Form A – Decision
20 Maple Avenue (AKA 18 Maple Avenue)


On November 4, 2010, the Salem Planning Board voted 9-0 (Charles Puleo, Tim Kavanaugh, John Moustakis, Tim Ready, Randy Clarke, Christine Sullivan, Nadine Hanscom, Helen Sides, and Mark George in favor, none opposed) to endorse “Approval Under Subdivision Control Law Not Required” on the following described plan:

  • Applicant:  Christos and Eleni Lirantonakis
  • Location: 20 Maple Avenue (AKA 18 Maple Avenue), Map 21, Lot 220
  • Project Description:  The applicant requests to subdivide the property located at 20 Maple Avenue as shown on the plan titled “Salem, Massachusetts Subdivision of Land Prepared for: Christos and Eleni Larantonakis, 20 Maple Avenue, Parcel ID 21_0220,” dated October 13, 2010.  
A Waiver from Frontage was also granted by the Planning Board on November 4, 2010 to allow the newly created Parcel A and Parcel B to have 70.54 and 71.54 feet of frontage, respectively, instead of the 100 feet required in the R-1 Zoning District.


Sincerely,


Charles M. Puleo
Chair


Cc:
Cheryl LaPointe, City Clerk


Decision
Waiver from Frontage
20 Maple Avenue (AKA 18 Maple Avenue)

A Public Hearing on this petition was held on, and closed on November 4, 2010 with the following Board Members present: Chair Charles Puleo, John Moustakis, Randy Clarke, Mark George, Helen Sides, Tim Kavanaugh, Nadine Hanscom, Christine Sullivan, and Tim Ready.  

Petitioner Christos Lirantonakis requests a waiver from frontage requirements from the Subdivision Regulations and under MGL Chapter 41, Section 81R, to allow the subdivision of the property into two parcels, Lots A and B, with a frontage of 71.54’ and 71.54,’ respectively, where 100 feet of frontage is required.

The Waiver from Frontage is granted for the property located at 12 Derby Street, as shown on the plans titled, “Plan of Land in Salem, Massachusetts, Prepared for Ian T. & Sarah P. Hunter, 14R Fort Avenue and Thomas P. Cote, 12 Derby Street,” Prepared by LeBlanc Survey Associates, Inc. 161 Holten Street, Danvers, MA 01923, dated June 23, 2010.  

The Planning Board voted by a vote of nine (9) in favor (Puleo, Moustakis Sides, Sullivan, Clarke, George, Ready, Kavanaugh, and Hanscom), and none opposed to grant the waiver from frontage requirements for 12 Derby Street.

The endorsement shall not take effect until a copy of the decisions 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 and noted on the owner’s certificate of title.  The owner or applicant shall pay the fee for recording or registering.

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 M. Puleo,
Chair