MEETING MINUTES 12/2/10
A regular meeting of the Salem Planning Board was held on Thursday, December 2, 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 7:15 pm
Approval of Minutes
The minutes from the November 4, 2010 meeting were reviewed. Mark George noted that he abstained from voting on the second part of the motion for 14 Rear Fort Avenue. No other comments or corrections were made by the Planning Board members. Randy Clarke motioned to approve, seconded by Nadine Hanscom. Approved 9-0.
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.
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.
Joseph Correnti, 64 Federal Street, representing Kennedy Development Group, gave an overview of where they are in the process. They are continuing to work on traffic improvements in front of the store and beyond; as well as working together with Beta and DOT. They continue to look at how improvements impact and fit with the community’s needs and requirements. Tonight’s presentation will address drainage calculations by their engineer, Austin Turner, and address comments previously made.
Bill Ross, New England Civil Engineering, a peer reviewer for the city, says he is not involved in the project design, but is a professional engineer whom the city retained to review and inquire about the project. He noted that the applicant has revised design plans based on his questions and concerns. He discussed what they are required to do for stormwater, with a focus on quality, quantity, and runoff issues. This was the focus of his review but he is looking at other issues as well. He is charged with making sure that this is a viable project, and that they are improving current conditions and meeting standards.
Austin Turner, Tetra Tech Rizzo, 1 Grant St, Framingham gave a detailed explanation of how the project has met each standard (Powerpoint presentation is available in hard copy for review at the Department of Planning and Community Development and is hereby incorporated as part of these minutes).
Standard 1. Mr. Turner said that no point of discharges of untreated stormwater to resource areas and proposed. Quality controls include street sweeping and Stormwater Quality Structures. Mr. Turner described sediment forebays.
Standard 2. Mr. Turner said that post-development peak discharge rates do not exceed pre-development peak discharge rates and further, there is a decrease in runoff at all study points. Chuck Puleo asked if they show the percentage rate of reduction. Mr. Turner stated that they do not. Randy Clarke asked if the peer reviewer agrees with the applicant’s assessment. Mr. Ross said yes. Nadine Hanscom noted that she went to site the day after heavy rains and the site was a mess. She is uncomfortable with the fact that the
development may make it worse since she thinks the numbers can’t show the actual impact. Mr. Ross responded about what they were doing to address these problems where the existing pipes were concerned, which required them to add notes to the plans that they promise to clean and inspect all drain pipes and catch basins in front of the site on Highland Ave and the affected areas. Ms. Hanscom requested that this should clearly be stated as part of the conditions of approval. She asked why the drainage problems can’t be repaired at the onset of the project. Mr. Turner said that they can’t fully identify the problem until the pipe is opened up but they have agreed to take appropriate action. Ms. Hanscom asked if the state and/or city will be involved. Lynn Duncan, Director of Planning, stated that a Clerk of the Works would be included in determining the conditions. Mr. Puleo recommended that the Planning Board stay in constant
contact with Clerk. Ms. Hanscom again stressed her concerns that drainage issues need to be addressed up front. Ms. Duncan stated that this would be done by the Clerk of the Works. Christine Sullivan asked for clarification on the timing of the traffic lights and asked if we know what’s not working properly. Mr. Turner stated that they do not know until work is begun. John Moustakis asked if they can have the state look at it before-hand and take pictures to determine what is not working. Mr. Turner stated that there are a lot of eyes on this and they will not doing anything that is not approved. Mark George asked what happens when this is opened up and the entire sub-structure is defective. Mr. Turner stated that he does not want to speculate what is under there until Mass Highway looks at it. Mr. Puleo asked what happens after water leaves highway, and did Mr. Ross looked at path of where water goes after it leaves
Highland Ave. Mr. Ross stated that he sees no reason why it should have problem, whether it be due to a lack of maintenance or a collapsed pipe. Mr. Clarke asked if the state will be regional in its approach. Mr. Ross responded that this is beyond what is required of a developer. If the Applicant wants to defer to MassHighway, he requested that city shouldn’t wait on this and ask them to do this now. Ms. Sullivan asked if they have done modifications to the original stormwater drainage plan. Mr. Turner stated yes, they added 60 plus acres to make sure there is no impact downstream. Ms. Sullivan asked hypothetically if she is living in the neighborhoods beyond the hill, will she have no further impact than what she has now. Mr. Turner stated, no, they will put in very elaborate stormwater controls. Mr. George stated that the maintenance of well-designed controls is important and that it is securely in place. Mr. Ross noted
that in the initial design of the retention pond (forebay), they did not include an adequate ramp. When he expressed his concern, the firm responded and made it available. Ms. Duncan recommended that the Planning Board to request to continue to monitor the progress. Mr. Ross stated that completed logs could be required. Mr. Clarke asked to clarify who the report is sent to. Ms. Duncan responded that it would be sent to the Planning Board. Mr. George stated that gives a sense of comfort that it will be taken care of today and in the future. Mr. Ross pointed out that a similar system has been in place for other projects. Ms. Sullivan clarified that there could be a condition included, and keep track of changes. Mr. Clarke asked if it would include the stormwater on the property only, but not on road. Mr. Puleo said that the road was part of their responsibility. Mr. George recommended looking at the net-impact on area
and building in safeguards.
Standard 3. Mr. Turner said that the extensive bedrock throughout the site severely limits infiltration in the existing and proposed conditions. A stormwater infiltration area and a bio-retention area are provided on the Wal-Mart portion of the project. An existing condition is a giant piece of rock. He noted that if there is some runoff, it will be designed to not leak out. He then showed where the infiltration and bio-retention areas are on map and noted that the bio-retention area is part of the planting area. Water will be directed to this
area.
Standard 4. Mr. Turner said that 80% TSS (Total Spent Solids) removal rate is achieved through the implementation of stormwater quality control measures as previously described. They are close to 90% removal on the project.
Standard 5. Mr Turner said that this is in accordance with TSS removal standards. Mr. Puleo asked if there are standards for icing. Mr. Turner stated no, they would not do more than what is needed. Mr. George asked what is the rate of the area of impervious paving. Mr. Turner said he was not sure of the exact number. Mr. George asked if he knows what is there today (in terms of impervious paving) and what will be there when the project is done. Mr. Turner stated that he does not know what is there now. Mr. George asked about
the chemicals used for salting. He stated that his concern is that the chemical use for salting may be increased if the parking area and the paving is expanded. Mr. Ross stated that there is no standard for amount of salt on area. Mr. Moustakis asked if it is porous pavement. Mr. Turner stated no. Mr. Ross described recommendations and options for the engineers to think about such as porous pavement, bio-retention areas, and tree boxes.
Standard 6. Mr. Turner stated that what is required for this standard is not in any areas of the project thus they do not have to worry about it. Mr. Puleo asked if the runoff will make its way to Spring Pond. Mr. Turner responded, no. Mr. Clarke asked if the peer reviewer, Mr. Ross, agrees with this assessment. Mr. Ross stated yes.
Standard 7. Mr. Turner noted that they are meeting all of the standards in Standard 7.
Standard 8. The project is required to file and implement a Storm Water Pollution Prevention Plan in accordance with national and state standards. Mr. Puleo asked if they would put a temporary sediment basin in place during construction. Mr. Turner responded, “potentially”.
Standard 9. Mr. Turner said that the long-term operation and maintenance plans are to be provided to the land-owner.
Standard 10. Mr. Turner stated that they don’t plan for anything to go into the pipes that are not stormwater.
Mr. Turner presented the grading and drainage plan. He described the design changes that came about through the review process. Mr. Puleo asked if the camp’s drainage will be going into the same basins as the drainage from the rest of the development. Mr. Turner stated that no, the camp’s stormwater is designed to be its own catch area and they have designed the basin for the camp that will meet the standards. Mr. Ross said that the design is based on the impervious area of the camp. Mr. Puleo asked how that impacts the project, if they don’t build right away. Mr. Turner said that they are building a road for them which will be sized for the full build out. Mr. Moustakis asked if there will be an underground watering system for vegetation. Mr. Turner answered
that irrigation is not in the plan. Ms. Sullivan noted that Wal-Mart and Lowe’s have separate systems, and asked who Mr. Turner’s client is. Mr. Turner responded that he is working with Lowe’s. Steve Decoursi, who works for Bohler, stated that his client is Wal-Mart, working in conjunction with Lowe’s. Mr. Turner stated that Mr. Ross has done a through analysis of both plans to make sure no one is assuming the other is taking care of responsibilities. Mr. Correnti stated that the decision was made in beginning to come in with a PUD instead of separate plans for each store, to ensure the plans work together.
Mr. Turner then presented the utility plan discussing how to connect the proposed water line. He stated that they reached out to the city to get the plans moving forward. Mr. Puleo asked how this aspect of the project will be coordinated. Mr. Ross responded that the developer is putting in the water main. Mr. Turner stated that the idea is to run the water line up to the tank pad. Mr. Puleo asked if the plan was to make the final connection once water tank is there. Mr. Ross stated that it would be done prior. Mr. George directed a question to Mr. Ross asking if he has any concerns going forward that have not been addressed. Mr. Ross stated that he did not; the storm water management has met all of his requirements, needs and questions. Ms. Sullivan asked how this compares to other
systems brought before him. Mr. Ross responded that this is a well-designed system; they will create a buffer above required minimum, which is beyond what you see in other developments. Mr. Ready directed another question to Mr. Ross asking him if he can provide an executive summary of the quality of the engineering, in terms of how this project looks. Mr. Ross stated that he felt that they have done a reasonably thorough job. When they were asked to expand the study area, they agreed to do so even though they had to start over again. He noted the project is sharing different catchment areas, and the design was well done. Even in areas where the design was not conservative enough, the firm heard Mr. Ross’ concerns and made adjustments. He feels that the engineering is good quality. One recommendation was that they could have gotten together sooner, but overall he is fully satisfied. Mr. Moustakis asked Mr. Ross if he feels
comfortable that there is no more drainage than what is there now. Mr. Ross said that their assumptions seem reasonable. Their analysis was done properly and the results of their analysis predict there is going to be a reduced amount of drainage.
Issue opened up for public comment
William Trahant Jr, Lynn City Councilor said that he can’t believe people feel comfortable with a drainage plan with a patch. He asked what happens when rest of the pipe freezes. This should be a major concern. He recommends petitioning the state for new pipes.
Mark Bannister, 25 Lee St, Salem and Local 103, states that he has been coming to these meetings, and he is convinced that what they are proposing for drainage is better than what is there.
Andrew Hall, Lynn Water and Sewer Commission. Earlier in design stage there was talk of replacing the stretch of storm drain pipe downstream and he asked what the status of that was. Mr. Correnti stated that downstream from the project this will help the neighborhood and they will talk about that in more detail. He stated that there is a city drain about 300 feet southeast of the project. Mr. George asked for clarification on where this would be. Mr. Correnti stated that it was around Buchanan Circle. Mr. Ready asked if this is a long-term drainage problem in Lynn, and are they looking for help on a long-term project through this development.? He further asked if these issues are going to be resolved by city of Lynn.? Mr. Hall responded no.
Leslie Courtemanche, Lynn, said that she is concerned about the environmental impact of project. She feels that they are creating a dead zone, and the proposed retention ponds will eventually leach into the wetlands. She stated that no one is addressing this. She says there is evidence that there are pools up there that support wildlife and the cost of this is too great to the environment. She would like to present evidence after the meeting showing this. Mr. Puleo said the project has to be filed with the Conservation Commission. Ms. Courtemanche stated that the drainage will eventually go down to Spring Pond. She said the area is technically a pine barren, and with blasting, water will flow into Spring Pond. Ms. Duncan requested that she submit her evidence as part of the public hearing. Mr. Clarke asked Mr. Ross what his opinion is regarding the claim that there will be no water impact to Spring Pond. Mr. Ross stated that it has been demonstrated that all the water will
move away from Spring Pond.
Richard Randall, 4 Ridgeway Court, Lynn stated that they didn’t specify the runoff of the camp site. The porous ground that will have impact on Spring Pond needs to be addressed. Mr. Turner stated that all stormwater will be directed away from Spring Pond, and the Camp Lion site will be directed away from Spring Pond as well.
Paul Lynch, business agent with the ironworkers, thanks the engineering firm, Kennedy Development Group. He stated that the engineers went above and beyond what is required. He feels that these projects will enhance the areas and he hopes that the board members recognize this effort.
Norm Cole, 30 Coolidge Road, Lynn states that the water from the site impacts him directly. He asked about the sewer right below wetlands area and the double catch basin by the Camp Lions area. Mr. Turner stated that they will be removing and replacing the grate to preventing clogging in the area. Mr. Ready asked if the catch basin is on Lynn or Salem side. Mr. Turner stated that it is on the Salem side and they are going to put a new grate on it. Mr. Ready asked if they could clean the existing basin. Mr. Turner stated that it could be done if it needs cleaning. Mr. Cole stated that the catch basin is still inadequate and replacing it will not improve it. He thought that at 9/30 meeting that the engineers agreed to do a site study, and he asked if it has been done. Mr. Turner
stated the meeting has been scheduled. Mr. Cole said that he gives the Planning Board a lot of credit for their work on this but feels that we never get to the bottom line. Before the Board votes on this he had a couple of questions: 1. How long has Wal-Mart been there? 2. We talk about maintenance, but what guarantee do we have that they will maintain the site? Mr. Ready stated that the review process has been lengthy because the Board needs to carefully review the project. Mr. Ross stated that the catch basin should be directly addressed since it’s close to site, which he has requested of the engineers. Mr. Puleo asked where the runoff is going once the driveway is eliminated. Mr. Turner stated that it has been shown in the study that the amount of water going there is going to be reduced. Mr. George stated that these questions have prolonged all of the meetings due to sensitivities to site needs and impacts. It is
a long, cumbersome process and hopes that Mr. Cole understands that.
Dan Quintilliani, Lynn, commented that the bottom line is that the project is in Salem and Salem should not be required to repair Lynn’s problems.
Rick Kehoe, representing unions in Lynn, said that the project can only improve area. If nothing is done, then people will still have flooded basements. He is in support of this project.
Dan McIntyre, 51 Falmouth St, Lynn, asked who owns street. Mr. Puleo said that the state owns it. Mr. McIntyre asked why the state hasn’t been part of these meetings. Mr. Clarke stated that the Board doesn’t have the jurisdiction to require that the state be involved in these meetings.
Calvin Anderson, 12 Concord St, Lynn, states that he is for these jobs, but for controlled growth. He feels that it is a good project, but just in the wrong place.
Katerina Pangiatakis, Ocean St, Lynn, asked about the size of the storm drains. Mr. Turner stated that storm drains on Highland Ave vary. Ms. Pangiatakis said that 12 inches is being assumed and that is inadequate. She has spoken with other businesses about flooding. She asked how much of the downhill will be paved over near Spring Pond. Her concern is that ponds are generally low and we need a better map of what is going on with the environment. She says Wal-Mart’s water basin is in a protection area and Lowe’s is near the protection areas. She says there is no watershed on these plans and it is a shame to not be able to comment on all these areas. Danielle McKnight stated that the Planning Dept has the engineering plans on file and available to the public.
Leslie Courtemanche, Lynn, asked is this the only way they can get a remedy to these flooding issues on Highland Ave if Lowes goes there? Mr. Clarke stated that this is not the jurisdiction of the Planning Board. He recommended that she speak with her city councilor and/or state reps about the flooding.
Kathy Sapio, Kevhill Road, states that she understands that it will provide work, but these are only temporary solutions. She says Highland Ave is not wide enough to accommodate the traffic for this project. She has collected signatures from residents of Salem and Lynn who oppose this project. She does not see how this project will improve anything. She asked how the redirecting of the drains is going to impact the site. The morning commute will be affected, which will impact a lot of people for a very long time. She asked how it will affect things down by Buchanan Bridge in the future. She feels that there are a lot of issues that need to be addressed here and we need hard evidential facts. Mr. George responded stating that drainage problems will not be a net gain or increase. All
the other issues that have existed have been there for a long time before this Board.
William Brennan, Park St, Lynn, Local 17, states that this project would not just offer part-time jobs. Wal-mart would be perfect for a lot of other people who are out of work.
Barry Nealy, 15 Lynn St, Salem expressed his thanks to the Board and Kennedy Development Group. As a laborer he states that they would not sell short the community just for 6 months of a job. He feels that the taxpayers are going to benefit from this project. He was insulted to hear people say that laborers would work on something that was wrong for the community in exchange for just 6 months of work.
Angela Lowstein, Eastern Ave., Lynn. She is concerned with the traffic. She works on Highland Ave and has to go through Swampscott to get home because of traffic. She can’t imagine how this project will impact traffic.
Motion made to continue hearing to December 16th by Mr. Ready, seconded by John Moustakis, all approved 9-0 to continue until the next meeting on December 16.
Old/New Business
Endorsement of 20 Maple St. Form A Plan (previously approved ANR)
Danielle McKnight stated that the applicant had trouble recording this at registry due to the misspelling of the applicant’s name and is asking the Board to re-endorse the plan. No motion needed.
Request to extend Special Use Permit and Site Plan Review/Wetlands and Flood Hazard District Special Permit for 28 Goodhue St. – Attorney Joseph Correnti
Joseph Correnti, representing the applicant explained to the Board that this is a 44 unit mixed-use building, which was part of a NRCC project. He noted that the developer remains interested in completing this project and has filed simultaneously with the Board of Appeals to extend the permits issued for the project. Mr. Correnti requested an extension of permits for six months, to June 30th.
Motion to approve the extension to June 30th by John Moustakis, Nadine Hanscom seconded. All approved 9-0.
Request for insignificant change: T Mobile requesting to replace 8 foot fence on property at 181 North Street with a new 6 foot fence – Eric Kuklinski
Ms. McKnight gave a brief overview of the project stating that after the Board approved the installation of the 8 foot fence, the landlord asked T-Mobile to change the height to 6 feet to be in conformity with the rest of the property.
Yasin Noury, 52 Ashton St, Boston, MA, representing T-Mobile, requested a minor change in the fence, which is a design flaw on their part. T-Mobile’s landlord requested a change in the fence size from 8 feet to 6 feet to match the rest of the property. Ms. Hanscom asked Mr. Noury to describe where the fence is located on the property. Mr. Noury described the location.
Motion to approve made by Christine Sullivan; Randy Clarke seconded. All approved 9-0.
Adjournment
Motion adjourn made by Randy Clarke, seconded by Nadine Hanscom. Approved 9-0.
Respectfully submitted,
Beth Gerard, Recording Clerk
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