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Approved Minutes 12/16/2010
MEETING MINUTES 12/16/10

A regular meeting of the Salem Planning Board was held on Thursday, December 16, 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 7:13 pm.


Approval of Minutes
12/2/10 Planning Board meeting minutes
Postponed until the next meeting.

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.

Attorney Joseph Correnti, 63 Federal Street, representing Kennedy Development Group, said the applicant would continue discussing landscaping and improvements for the site, in terms of buffering plans and a traffic update.  The Group has been meeting with the city and state over the last month on different issues related to the project.  Additionally, they had an initial meeting with the MBTA and the Transportation Management Association (TMA) to discuss physical improvements to Highland Avenue; and they will continue to meet as this is a work in progress under DOT jurisdiction and is contingent upon MEPA review.

Austin Turner, TertaTechRizzo, 1 Grant St, Framingham, MA discusses screening and landscaping in a powerpoint presentation (hereby incorporated as part of these minutes).  One issue that he will present, on a slide shown previously, demonstrates how the project relates to other areas outside of the project limits.  The project is approximately 31 acres, and the surrounding areas studied include over 60 acres.  The plan includes maintaining existing vegetation as much as possible.

Landscaping:  Mr. Turner described the first slide which shows what customers will see when entering property, which includes changes made after the initial proposal.  Matt Smith from Bohler Engineering representing Wal-Mart will explain that further.  Mr. Smith described the October Glory trees to be added along frontage of Wal-Mart which includes 1100 shrubs proposed; and along the non-ADA entrances they added 6 trees.  He says the project plan went from 53 trees to 72 trees proposed, along the frontage and the side of the building which will do a lot to improve the streetscape.  Mr. Turner continued his presentation regarding the buffer and he described the added sound barrier, which is a 15 feet visual and sound screening wall.  This will cut off the view angles from the neighborhood to the rear and will enhance the natural buffer.  Mr. Turner passed out a wall sample as well as a brochure of the product presented, and explained that this will complement the building’s color scheme.  Rob Jess, from Lowe’s, stated that they looked at a sample of other types of walls and have had success with this product in other store projects.  He explained that this will create a visually aesthetic wall with low maintenance.  Mr. Jess stated that the walls are an average 12 feet, but are planning this one to be 15 feet in order to take the needs of the neighbors into consideration.  Helen Sides asked if there are any pictures of other examples of installations of the wall.  Mr. Jess responded that they can provide this.  Ms. Sides then asked where will signage at the entrance of the building will be located.  Mr. Turner stated that they are thinking of one of two locations: in the front at median, or at corner.  Nadine Hanscom asked what is behind the screening wall on the Lynn side.  Mr. Turner stated that it is going to be a slope with grass.  Ms. Hanscom then asked about the difference in the height between the barrier wall and wall of Lowe’s.  Mr. Jess stated that it is approximately 22 feet and the wall does have a slope to it.  Ms. Hanscom asked if they will be putting in new trees on the back and around to the front of the  Wal-Mart, and if so how large will they be.  Mr. Smith stated that each tree will be a 2.5 – 3” caliper and 10 to 12 feet in height.  Ms. Hanscom then asked how tall the trees will be when fully grown.  Mr. Smith responded that they will grow to be about 40 feet height.  Mark George asked how high the brick in comparison to the foundation of the building is.  Mr. Turner stated that it would be 15 feet and the building is about 28 feet.  Mr. George then asked how that compares height-wise in relation to the sub-division in Lynn.  Mr. Turner stated it would be about 30 feet lower, and noted that Belleaire Avenue goes up and described a slide demonstrating the grading difference between 130 feet in elevation to 169 feet in elevation.  Mr. George asked if there will be deciduous trees separating the project on Grapevine Circle.  Mr. Turner responded in the affirmative.  Mr. Puleo asked for clarification on where the trees and/or low shrubbery will be located, specifically where the parking lot will be located and asked if they are planning on putting in a berm.  Mr. Turner stated no, the shrubs will be planted on top of the retaining wall.  Mr. Puleo asked if cars will be seen in the parking lot from Highland Avenue.  Mr. Turner stated that it will be a sharp angle up to see the tops of cars in parking lot.  Mr. Puleo asked if the road ends at Wal-Mart entrance, to which Mr. Turner responded, yes.  Mr. Puleo stated that there was a question about the sidewalk being on Highland Avenue and asked if they are proposing a sidewalk up to the northern entrance.  Mr. Turner said yes.  Ms. Sides noted that there is a distinction between the ledge at the entrance slope, and asked if that is manufactured, to which Mr. Turner stated that it is manufactured.  Ms. Sides asked if they had shown the Board an example of that yet and Mr. Turner stated that they haven’t chosen the specific product.  Ms. Sides recommended that they select the material carefully.       

Traffic: Jason Plourde, from Greenman Peterson, gave an update on the traffic study, and described how they are looking at different types of improvements along the corridor.  He stated that the study area has been expanded.  He has attended different meetings with local and state officials to come up with other improvements, including how conducive it would be to have a bus go on site.  He stated that the MBTA would not be receptive to having a bus on-site due to issues with the southbound busses as well as pedestrians and other vehicles.  Specifically, the problem with having a bus stop on the site is due to one of the entrances being only southbound.  Another meeting they attended has been with Transportation Management Association and they discussed trying to reduce single-occupation vehicles.  One of the ideas discussed was for improved transit.  It was noted that Wal-Mart sells items that would be conducive for customers riding the bus, but at Lowe’s that is not the case.  Additionally, they are thinking about ideas encouraging carpooling for employees.  Mr. Puleo asked what he would propose to do for the northbound bus stop.  Mr. Plourde stated that they are considering a crosswalk at the north leg with the goal of trying to limit people crossing Highland Avenue without a signal.  Mr. Puleo asked if there is any proposal to widen the intersection.  Mr. Plourde stated that they are in the process of finding alternatives; they had only the first meeting with the MBTA, with plans to continue the dialogue.  Randy Clarke asked about preferential parking for hybrids, and also recommended taking into account customers who take the RIDE.  Mr. Plourde responded stating that special parking is going to be developed with the local TMA.  Mr. Puleo asked where the bus stop will be located and further, if someone has a carriage, what does one do with the carriage to get to the bus stop.  Mr. Plourde responded that it is definitely something they can look into, as it is still a work in progress.  Mr. Puleo recommended that he think about giving people the right places to leave their carriage.  Ms. Hanscom concurred with Mr. Puleo and added that Wal-Mart and Lowe’s can be ahead of the game if they straighten out these issues beforehand.  Mr. Puleo also recommended having a garbage can at the bus stop that gets emptied and maintained regularly.  Tim Ready asked if they are discussing appropriate bus shelters for patrons in their conversations with the MBTA.  Mr. Plourde said yes.  Mr. Ready noted that carts end up being used as seating if people are waiting a long time for a bus.  Christine Sullivan asked if this is it for the transportation discussion. Mr. Puleo responded that this is just an update.  Ms. Sullivan said that she was sure there were people in the audience that expected that there would be a discussion about the lights.  Mr. Correnti stated that they will have at least one more meeting with DOT before they report back to the Board, additionally, when they have a meeting with MEPA and DOT the Board will be informed of it  

Ms. Sides commented that she is concerned about the 15 foot wall.  Mr. Correnti responded stating that other recommendations have been sketchy at best, but what is being recommended is really going to be hidden as well as well-placed and not very visible from Highland Avenue.  Mr. Jess stated that the purpose of the wall is to buffer sound, and the wall is really needed to do that.  He added that landscaping will help the sound too; however, berms aren’t feasible due to the slope of the ground.  That wall is intended to shield sound from truck deliveries at all times and that wall complies with the Board of Health requirements as well as keeping the neighbors happy.  He emphasized that they really want to be a good neighbor.  Ms. Sides requested that if possible they would like to see a picture that shows something similar to what that stone wall will look like on the slope.  Mr. Puleo asked Ms. Sides if she agrees with the color of the wall as presented.  Ms. Sides said that she did not agree with the color as shown and recommended that it should look more like a natural landscape.  Mr. Puleo asked about delivery times.  Mr. Jess responded that it would be based on store volume.  He gave an example of where the store is open typically until 10 pm and they cannot have a delivery at 6 pm because they have found that it leads to conflicts with customers.  They schedule the deliveries later to minimize disruptions to customers with minimal impact to the customers and neighbors.  Mr. Puleo asked if they use open trucks as well as closed trucks and the route the trucks will take.  Mr. Jess responded that they use both types of trucks and the trucks will come in same way they go out along the barrier wall.  He also noted that the wall is planned to be 15 feet, which is higher than what is typically done before.  Mr. Puleo asked why this wall is planned to be higher.  Mr. Jess stated that they are being responsive to the subdivision.  Mr. George asked if this is typical to some of the walls that can be seen from Route 128.  Mr. Jess responded stating that it’s similar to some of the walls and he would bring some pictures of other examples.  

Issue opened up for public comment

Tom Demakis, trustee of Apple Hill subdivision, Lynn, feels that it speaks volumes that the Group is not conducting a new balloon test.  It should be acknowledged that the subdivision is going to be seen from Lowe’s.  He appreciates Mr. Jess’ concern for the sound, but if someone is looking out from the subdivision, they are going to see the walls.  These walls will be intruding on a residential area.  He suggested a berm in addition to a sound barrier and stated that if that’s not possible then the project should not be built.  According to zoning laws, they have to protect the welfare, health and privacy of the abutters, and as presented, this project cannot adhere to those requirements.  He states that the approval of this project is legally flawed.  He has hired his own engineer and has tried to have input into the project.  Despite his efforts, he has had no contact with the engineers for Lowe’s and Wal-Mart in the last 3 months.

Dan McIntyre, 51 Falmouth St, Lynn, asked if they have an answer on the traffic.

Jason Herbavini,  Lynn, thinks it would be a great project for city.

Pat Liberti, Lynn, asked if trucks would be going through the site after 11pm.  She states that they have a problem with sound travelling at night when Highland Avenue traffic slows down.  Mr. Smith stated that the trucks don’t typically deliver late at night.  Mr. Puleo asked the engineers to explain how deliveries are coming into site.  Mr. Smith explained in detail the route that they are taking in and out of site.  Ms. Liberti stated that she is concerned that this will be moving further into the site which is abutting the condos.  Mr. Smith stated that the loading facility is in rear right corner of site.  Ms. Sides asked Ms. Liberti if she can hear the trucks now.  Ms. Liberti said that for the most part she cannot, but she is concerned that it will get worse as it gets closer to the condos.  Mr. Smith stated that it is comforting to hear that she can’t hear the trucks today because not much is going to change.  Ms. Hanscom asked Mr. Smith to point out where the loading dock is presently located at the Wal-Mart facility and Mr. Smith pointed it out.  Ms. Hanscom asked him to clarify if it’s moving closer.  Mr. Smith stated that the way it’s moving, it’s going perpendicular so what abutters are hearing now is what they will hear in the future.  Mr. Clarke further clarified that while the turn is closer, the vehicles are moving further away.  Mr. Puleo asked Ms. Liberti which street she is concerned about. Ms. Liberti stated that she is concerned with Tanglewood.  Mr. Clarke asked if there can be a reading done.  Mr. Smith stated that they can get more information.

Debra Smith Wall, 16 Coolidge Road, stated that she walked the site and asked what kinds of deliveries are being made.  She feels that they have to be concerned because that is going to be a new issue.  It was a shock to her how close to people’s properties it is.  In regards to transportation, she states that she hasn’t heard anything.  Lynn Duncan, Director of Planning, stated that Ken Petraglia and John Mirabito from Beta Group, the city’s traffic peer reviewers, are here to listen.  They have been to several meetings to talk about traffic issues where a number of big changes have been done.  A lot of the mitigation has not been talked about yet, but the traffic engineers have been involved extensively to this date.  She thanked Ms. Wall for her comments but wants her to understand that there is no “bow” around the traffic plan yet.  

Tim Fandell, North Shore Building Trades Council, is in support of the project.  In relation to the drainage, the proponents of the project have gone to great lengths to mitigate issues.  They gave examples and stated that the engineers have been very receptive to the recommendations.  He feels it is evident that they are trying to be a good neighbor and he would like to see the project move forward.

Norm Cole, 30 Coolidge Road, Lynn asked for someone to calculate the impact on the transfer station since he has not seen it and would like a definitive answer on how many trucks.  He then inquired about the ENF, which states that the whole parcel is listed as 91 acres; and asked if the Kennedy Group is buying additional acres.  Mr. Correnti stated that they are presenting about the project they are doing.  Mr. Cole then asked if there is potential for development on that site.  Mr. Correnti responded stating that the land belongs to Camp Lion and they can’t speak to it.

Leslie Courtemanche, Lynn, feels that the work that has gone into this is astounding and maybe that just goes to show that this isn’t a good idea.  She believes this is the wrong spot for this project.

Vinny Smith, 11 Northfield Road, Peabody stated that he lives near Route 128 and can’t hear much of the traffic.  The proximity of this project to the neighborhood is closer than the proximity of his neighborhood to Route 128 and he doesn’t think the noise will be an issue.

Katerina Panagiotakis, Ocean St, Lynn, states that she is concerned with the 15 foot proposed wall because she thinks this will make the sound problem worse.  She asked if the proponent is planning on blasting, and said she is concerned about impacts from blasting.  Mr. Turner stated that they will be lowering area to 25-30 feet, at the deepest cuts. They have completed the consultation with city engineering department.  Mr. Smith stated that the ledge removal on left side of the store, which is steep ledge slope, will need to be blasted.  The walls are about 40 feet in height and they need to get it down to a comparable grade.

Kathleen Nadeau, 81 Spring View Drive, Lynn, asked if anyone knew how many more trucks there will be.  Mr. Smith stated that he didn’t know the exact number, but there are 1 or 2 eighteen-wheelers in a day typically and he noted that it’s a daily occurrence.  Mr. Jess stated that for Lowe’s there are 3-4 tractor trailers throughout the day, on average, but could fluctuate, based on the volume of the store.  Ms. Nadeau said that it doesn’t seem like a lot for a store of that size.  She then asked how long they are idling in the loading area.  Mr. Puleo said that federal laws state that they can idle for up to five minutes.

Kathy Savio, Lynn, asked if this project happens and they come across natural springs, how are they going to be redirected.  She has found other sites where natural runoff was redirected to stormwater areas, and created backup.  

Paul Lynch, representing the trades, expressed his gratitude to the Kennedy Group on how they accommodated the town of Salem and Lynn residents on various aspects of projects.  Feels like we are spinning our wheels, we should button this up and pass this.  

Tiffany White, Sheila’s Way, Lynn, asked about turnaround time for ambulances if there’s only one way in and out.  Mr. Clarke stated that the fire department can provide that information.  

Nadine Hanscom made a motion to continue the public hearing to January 6th, 2011, John Moustakis seconded.  All approved 9-0.

Old/New Business

Mr. Ready stated that he would like to remind the Chair and the public for a moment of silence for James Ayoube Jr., a son of Salem, who is returning from the war in Afghanistan to be buried.

Adjournment

Randy Clarke made a motion to adjourn the meeting, Helen Sides seconded.  All approved 9-0.  Chuck Puleo adjourned the meeting at 8:45 pm.


Respectfully submitted,
Beth Gerard, Recording Clerk