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MEETING MINUTES 1/6/11
A regular meeting of the Salem Planning Board was held on Thursday, January 6, 2011 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 7:09 pm. Helen Sides leaving at approx 8:30pm and she will listen to the meeting tape.
Approval of Minutes
12/2/10 and 12/16/10 Planning Board meeting minutes
12/2/10 meeting minutes:
The minutes from the December 2, 2010 meeting were reviewed. Noted by Christine Sullivan to check spelling on resident’s last name, “Nealy.” No other comments or corrections were made by the Planning Board members. Randy Clarke motioned to approve, seconded by Helen Sides. Approved 9-0
12/16/10 meeting minutes:
The minutes from the December 16, 2010 meeting were reviewed. No comments or corrections were made by the Planning Board members. Nadine Hanscom motioned to approve, seconded by Mark George. Approved 9-0
Request for approval of new Tri-Party Agreement and release of current Tri-Party Agreement for Strongwater Crossing (a.k.a. Osborne Hills) Subdivision – Paul DiBiase
Applicant requested to present at a later date. No vote required.
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.
Atty Joseph Correnti, 63 Federal Street, representing Kennedy Development Group gave an overview of what was to be discussed at the meeting. He stated that everything the group would present is in response to questions from the Board, Peer Reviewers and the City, and they will discuss what has been done up until this meeting, with a particular focus on the traffic. He submitted petitions to the Board in support of the project which included a set of petitions signed at Wal-Mart with several hundred signatures of people from Salem, Lynn, and surrounding communities; and he also presented the results of the Lowe’s mailer asking if the recipient of the mailer supported or did not support the project. He stated that a couple of hundred supported the project, which is about 20 -1 in support of project. The
Group will also present a brief PowerPoint to show some examples of sound barriers, which will be like the one slated for the area between the back of Lowe’s and the Lynn line and addresses previous questions about a man-made wall and what that will look like. Additionally, the Group will also address questions from neighbors about the impacts of the loading dock and delivery hours. Jason Plourde will then present the traffic updates and will also discuss the results of their meetings between the city, the developers and DOT. Atty Correnti also spoke of comments from abutters about drainage, particularly about pipe that comes down from the Buchanan Circle area. He specifically addressed the question as to if they were going to deal with it as part of the development. He stated that a comprehensive drainage plan has been put in place. He noted that this will be discussed next week in regards to the continued discussion with the city and
administration. He stated that he wanted the Board to know that this is still on the radar of the Group as they feel that it is fixable, and the Board will hear more about it next week.
Austin Turner, TertaTechRizzo, 1 Grant St, Framingham, MA, began the slide presentation addressing the questions the Board had asked about retaining wall. He explained that they put together a couple of photos of what the retaining wall could look like to give a better idea of how it will look with the materials that are available. He noted that these pictures are not necessarily the final product, but are just to give an idea of what is available. He stated that the brochure shows the materials which includes recycled tires, which helps significantly with sound. Mr. Puleo asked if he knew the height of the wall. Mr. Turner said he could not be sure, but guessed it was about 28 feet. Mr. George asked for clarification if this is just about Lowes’s, not Wal-Mart. Mr. Turner stated yes. Mr. Puleo asked about the lifespan of the product. Mr. Turner said they could get more information about that. Mr. George asked if these are similar to the materials seen on Route 128; Mr.
Turner said he was unsure what was used on 128. Christine Sullivan asked what the view will be if she lives in the neighborhood. Mr. Turner stated that they will not see a plain wall, but will see glimpses of it through the trees. Mr. Puleo asked about colors, and directed the question to Helen Sides. Ms. Sides stated that she would normally think of a dark color, but if it’s close to the building, she would think that it should be the same color of the building. Mr. Turner stated that because of the distance of the building from the road it will look like it blends in. Tim Ready suggested that the designs up for consideration could be presented to the neighbors, and Randy Clarke agreed. Lynn Duncan, Director of Planning, recommended that when the public is invited to comment tonight, that we explicitly ask that question of the neighbors here.
Matt Smith, Bohler Engineering, showed the existing loading dock on a map, which is on Tanglewood Lane. He explained that on the graphic it is currently over 600 feet from the nearest condo, and upon the development will be over 500 feet from the nearest condo. He noted that they are not proposing a wall because after development they will still be 60 feet above the neighborhood. He stated that the delivery times will remain consistent with what the times are currently. Mr. George asked about the difference between the current footprint to what is proposed. Mr. Smith said it will be 50 percent difference but the growth will not change the deliveries dramatically each day, for example. Mr. George asked if the trucks have been moved around to the back of the building to disturb fewer of the neighbors. Mr. Smith stated yes, and he doesn’t think there will be an appreciable difference between the sound today and in the future. John Moustakis asked how many deliveries come from
Wal-Mart factories. Mr. Smith stated that the bulk of the materials come in on the factory trucks. Ms. Sullivan asked if the location of the loading dock was designed in this manner in order for there to be less noise. Mr. Smith said yes. Mr. Moustakis stated that Salem has a noise ordinance, so if they are creating more noise, they will have to do something about it. Mr. Puleo clarified where the truck turnaround will be. Nadine Hanscom asked if the parking lot will continue to be seen as clearly from Highland Avenue with the new plantings. Mr. Smith stated that the trees will be seen first. Ms. Hanscom stated that when she goes by the Wal-Mart lot now, it’s filthy. She also stated that other companies on Highland Avenue do not keep the trash controlled on their lots, and she wants it to be noted that this is a corridor that they are trying to beautify. Ms. Duncan recommended addressing those concerns with the Board
of Health.
Jason Plourde, Greenman Pedersen, stated that he will discuss the mitigation of the traffic issues previously discussed. He noted that they are continuing in the MEPA process, and have numerous steps to go after completing the local approval process; also there are different issues that have been addressed over the course of this project. Additionally, he stated that different evaluations have been done along the Route 107 corridor. He said he will discuss the different improvements, including changing the driveways to accommodate the new traffic patterns and adding U-turn lanes, which will benefit neighbors and customers of the Meineke. Mr. Plourde stated that they are still proposing to close the current curb cut for Camp Lion, and have them come through the property. The other improvement is the signal
at the Fays Avenue and Western Avenue location. Mr. George asked if they have looked at opening the lanes to two lanes in each direction in that area. Mr. Plourde stated that this is something that they have been looking at and in discussions with officials they learned that there was a serious accident that caused them to close the lanes to slow down traffic. He commented that the problem with slowing it down is that it is a continuous flow of traffic. Mr. Plourde stated that they have looked at putting in a traffic signal, which was presented to DOT, who said there wasn’t enough traffic to warrant a signal. Then they proposed the four lane highway again, which raised the question of speed. They asked what would be acceptable to MassDOT and they devised a two-way left turn lane, which will allow vehicles for safe turning into traffic. Mr. George asked if this would be like Route 114 in Peabody, and Mr. Plourde said yes, but this will
have more curb cuts because there would be more commercial developments. Then Mr. George asked Mr. Plourde’s opinion of what would make this situation better. Mr. Plourde said that his recommendation was the two-way left turn lane. Mr. George asked how it was received by MassDOT. Mr. Plourde stated that it was received favorably. He stated that the City of Salem invited them and MassDOT to a meeting to further discuss this. Mr. Clarke asked if there was information on the level of service from each road. Mr. Plourde stated that it was submitted in September. Mr. Clarke asked if he knew off-hand how the level of service changed. Mr. Plourde stated that in some cases it improved by two levels of service; and he also stated that if a driver still isn’t comfortable with that option, they can go up to the new traffic signal for the U-turn. Mr. Clarke said he thought this was a fantastic development.
Mr. Plourde then reviewed their discussions with the MBTA. They are still in the process of discussing the locations of the bus shelters. One alternative is moving the existing bus stops by moving the southbound stop further north, near the signal and moving the northbound bus shelter further to the south. Also, the MBTA recommended that the crosswalks be moved closer to the site. Mr. George asked if these bus stops would be in the lane of traffic or could they be cut in. Mr. Plourde said that they are looking into it, though noted that there is not a lot of room to work with. Mr. George asked about a possible bus stop on the site. Mr. Plourde described potential problems with having a stop on the site because of maneuvering difficulties and interactions between cars and buses. Mr.
Plourde stated that they are still in discussions with the MBTA, so nothing is finalized. Mr. George asked if a pedestrian bridge is being considered. Mr. Plourde said that they are not in favor of this. Mr. George states that he is looking for a way to be safe but not create back-ups. Mr. Plourde agreed with that goal, but stated that it’s difficult with all of the different streams of traffic. Mr. Plourde then discussed the traffic volumes and turning movements on Swampscott Road, Marlborough Road, and Highland Avenue and stated the developer is committed to doing an engineering corridor study to review this and recommend improvements. Ms. Duncan clarified that the “corridor study” was more what she would call conceptual design alternatives and selection of a preferred alternative, an action-based plan to move forward, studying what could be done in the right of way, whether takings could be made to implement an alternative
plan. This would be a Mass DOT project, and she hopes that if a feasible alternative is identified, that MassDOT would pick that up. She also said she doesn’t see the developer as contributing to the project, but actually funding it.
Ms. Sullivan asked what happened with the timing of the lights on Highland Ave. Ms. Duncan stated that it’s ongoing and the signals were re-timed which is continuing to be monitored. She noted that for this project, there is not a lot they can do with the monitoring. Mr. Plourde concurred stating that this is part of the regular maintenance program, but it not going to fix this issue; the study that they will be funding will be able to tell the state what needs to be done to fix Highland Avenue. Mr. Clarke asked if based on what Ms. Duncan and the proponent just said in terms of the study, this can be a condition of approval. Ms. Duncan responded stating that the staff would be recommending this to the Planning Board as a condition of approval, if the Board wished to approve the project with
conditions.
Ken Petraglia, Beta Group, states that they are pretty much in agreement with what has been presented. The timing of the lights is just not going to do it, it’s going to take something else. The engineering study of the corridor will hopefully tell them what to do here. They asked the state if something is found would the state fix it and they said yes. Mr. Ready asked if Mr. Petraglia could comment on how this study will affect Lynn. Mr. Petraglia said that if they were ever to improve that area, it would help everybody. He thinks what will help the people of Lynn will be the three-lane recommendation with signal upgrades. He concluded stating that they need the engineering look to improve the whole corridor.
Issue is opened up for public comment
Dan McIntyre, 51 Falmouth Street, Lynn, said the center lane proposed should be the last alternative because it would encourage high speeds.
Wiliam Trahant Jr, Lynn City Councillor asked Mr. Plourde about the changes in the traffic signals. Mr. Plourde described the updates to the signals. Mr. Trahant asked what kind of improvements could be expected in terms of new technology versus old technology. Mr. Plourde described how the new technology would be improved and how this would process the vehicles more effectively.
Judy Kennedy, 23 Buchanan Circle, Mayor of Lynn, stated that Mr. McIntyre is absolutely right regarding his concerns about speeding. She described several accidents due to speeding in that area. She asked if they could get the state to reconsider looking at this. Mayor Kennedy stated that her neighborhood has only one egress out to Western Avenue and due to this, she has had to wait for multiple minutes to make a left turn onto Western Avenue. She recommends that the state do a field study of the traffic in her neighborhood, and recommends on-demand lights. Mr. Puleo stated that this is an opportunity to contact the state and get involved with the study. Mr. George asked if she would like the status quo with traffic lights and she said yes. Mr. George stated that there are two issues: 1 is
behavior and 2 is traffic flows. She stated that that can be said, but she stressed the concerns about the traffic and the dangers. Ms. Hanscom asked the developers if Lynn doesn’t want to widen the road, and Salem does, how will they work with that. Mr. Correnti stated that it is a state road, and anything they put forth to MassHighway is just a suggestion. He said that they are going through the entire MEPA process, and everyone can weigh in on that; the developers are confined to what DOT approves. Mr. Ready states that he and the Board hears her very clearly about the speeding on the road, but asked if it is a law enforcement issue. Mayor Kennedy stated that it is law enforcement, but more so a safety issue. It is a hazardous state road as it is. Mr. Ready asked if there are other ways of reaching a solution on this. Mayor Kennedy said that this is more than something to be examined by computer models.
(Helen Sides left the meeting at 8:30 p.m.)
Mr. Moustakis asked Councilor Trahant how many meetings they have had w/DOT about this issue. Mr. Trahant said that they have had some results. Mr. Moustakis stated that it’s up to Lynn to get together with the state to deal with it on their side. Mr. George stated that they have expanded the study area to accommodate the needs of the people of Lynn.
Norm Cole, 30 Coolidge Road, Lynn thinks that they have improved the timing of the lights, but the real issue the increase in volume. He recommends not approving this and there won’t be a problem. He asked if there are any sidewalks that go into the site if someone takes the bus. Mr. Turner responded that they have proposed extending the sidewalk. Mr. Cole said that the study won’t fix anything, it’s the volume, and he doesn’t think it is worth it for the project to continue. He said that it’s not just about highest use, it’s about highest and best use; and at some point someone has to say that it just can’t hold the additional traffic.
Pat Liberti, 3 Lyons Lane, Lynn, thanks the Group for addressing the loading dock issue. Her concern is that the existing vegetation is going to be disturbed. Mr. Correnti pointed out the limits of their proposed work and stated that vegetation would not be touched beyond that.. Her other concern is about the T stop that the lights change too quickly for people to get across Highland Avenue. She recommended looking at the northbound side. Mr. Puleo said that this is what they are looking at. She said that other than those concerns that she is in support of the project.
Liam Brennan, 31 Park St, Lynn, said that he thinks the three lane recommendation is a good idea or, as suggested by Mayor Kennedy, to add a light. He is in support for this and thinks it would be good for both cities.
Tom Demakis, owner of Apple Hill Subdivision, agrees that the project is too big for the area. He stated that in terms of the sound barrier issue, that for 5 – 7 months out of the year they will see a wall. He thinks what they should include in this project is an arborvitae-topped berm. He agrees that everyone has been open to the concerns of this project. He thinks that to spend 1/10 of 1% to add the berm should be done to protect his subdivision. Rob Jess, representing Lowe’s, stated that he can’t create a berm because of the land structure. Mr. Demakis stated that he is looking for a berm in addition to the sound barrier. His engineer believes that it is possible to place arborvitae in this location. He doesn’t know why the cooperation stopped between his
engineer and the Group. Mr. Correnti stated that they will commit to continue to look at it if he makes his engineer available. Mr. Clarke asked if there is a potential to plant other trees like evergreens in the area. Mr. Jess said that it is a possibility, but from his experience trees are not successful unless they are on the fringe. Mr. Correnti said that they will look at it.
Leslie Courtemanche, Lynn, asked if it is feasible to scale the building down, and keep existing evergreens. She then asked how many flyers went out to Lowes neighbors, and how many were returned, and how many were for the project and against the project. She stated that people who received them thought that they were a farce, does not think they should be given weight. Mr. Correnti stated that in Salem (within a ½ mile residential circumference around the site) 152 were returned, and 150 in support, 2 opposed. In Lynn, 60 returned were in support, 10 were opposed. Mr. Puleo asked the Group to respond to the scaling of the store. Mr. Jess stated that this is the smallest store they build. Ms. Courtemanche asked if there could be a second floor to disturb less area. Mr. Jess
said it’s an operational design based on how customers are expecting to shop and it’s not feasible outside an inner city setting. Mr. George stated that if you live close to commercially-zoned land, this is what happens. Mr. Cole responded that this was not initially zoned commercially, and has only been zoned this way for only two years. Ms. Duncan stated that Salem did not re-zone the land; they did a text amendment to the zoning that allows for Planned Use Development – but the same uses are allowed as before.
Calvin Anderson, 12 Concord Street, Lynn, says it’s very clear this is the wrong place to put this.
Kathleen Nadeau, 84 Springview Road in Lynn asked how they will handle the traffic during construction. Mr. Correnti stated that they will have, through the MEPA process, a construction plan for Route 107, through MassHighway, MEPA, and the Cities of Lynn and Salem, and the state would not allow 107 to be obstructed.
Rick Kehoe, 12 Lindor Road, North Reading, states that he is in the building trades and does not understand where all of the new cars are going to come from – the same people going to Lowe’s are already going to Home Depot. He recommends that Lynn put in a huge speed bump.
Mark Bannister, 25 Lee St, Salem, thanks the developer for coming in and addressing the traffic issues. He also stated that if the developer didn’t come to develop this project there would still be these problems.
Mr. Moustakis asked if there will be blasting. Mr. Correnti stated that there would be, and Mr. Moustakis recommended that he review the City guidelines on blasting.
Richard Randall, 4 Ridgeway Court, Lynn, recommended that information about changes occurring in the area through the project be sent to the neighbors. He feels that the project is in the wrong place when there are commercial spaces in Salem doing nothing. and this is an area that has a history of traffic problems
Katerina Panagiotakis, 300 Ocean Avenue, Lynn, wants to bring to attention the Strongwater Brook project, also known as the DiBiase site. She noted that the site has two registered Native American historical sites there and based on her findings, she found that there are 4 historically significant sites on this proposed site. Mr. Correnti stated that this is all part of the state review process and he is not familiar with the other project referenced. He said that the state review is ongoing, and comments can always be taken by the state on this. Mr. Ready clarified that this is an ongoing process and that there are things being discussed that are outside of this Board’s jurisdiction.
Ms. Duncan stated that there will be a continued public hearing on 1/13/11. Mr. Correnti stated that he has no further presentation to make.
Randy Clarke made a motion to continue the public hearing for January 13th, 2011, seconded by Nadine Hanscom. All approved 8-0.
Referenced documents available in hard copy at the Department of Planning and Community Development:
- Powerpoint Presentation: Proposed Lowe’s, Meineke and Walmart Expansions, City of Salem Water Storage Tank, and Future Camp Fire Improvements, Kennedy Development Group, Inc., Attorney Joseph Correnti. No date.
Old/New Business
None.
Adjournment
Randy Clarke made a motion to adjourn the meeting, seconded by Christine Sullivan. All approved 8-0. Chuck Puleo adjourned the meeting at 9:15 pm.
Respectfully submitted,
Beth Gerard, Recording Clerk
Approved by the Planning Board 1/13/11
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