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Approved Minutes 01/13/2011
MEETING MINUTES 1/13/11

A regular meeting of the Salem Planning Board was held on Thursday, January 13, 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 7:17 pm.  

Approval of Minutes
1/6/11 Planning Board meeting minutes
The minutes from the January 6, 2011 meeting were reviewed.  No comments or corrections were made by the Planning Board members.  Nadine Hanscom motioned to approve, seconded by Randy Clarke. Approved 9-0

Continuation of Public Hearing – Discuss and Vote: 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 – Discuss and Vote: 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, stated that they have concluded their presentations, taking into consideration the comments of the Board, the public, the peer reviewers and the city.  As stated last week, they said they would continue to look at the screening options between Apple Hill and Lowe’s, and they spoke with Mr. Demakis’ (trustee of Apple Hill subdivision) office.  They reported to the Board that they are going to be adding additional landscape screening in addition to what is already planned.  They think it’s a satisfactory solution to this issue, which will fill in the areas that need more filling in.

Austin Turner, TertaTechRizzo, 1 Grant St, Framingham, distributed a screening plan that is based on the meetings they had with Mr. O’Neill, Mr. Demakis’ engineer. They have added arborvitae, which will be spaced every 15 feet and has added trees.  Mr. Puleo asked if they will be able to maintain these new plantings for two years, as required.  Mr. Turner said yes.  Christine Sullivan asked if the applicant has to replace them if they don’t take root.  Mr. Puleo said yes.  Mr. Puleo asked if the plantings are within the property lines.  Mr. Turner stated yes.  Randy Clarke asked how many trees, and Mr. Turner stated that there would be between 80 and 100.

Ed O’Neil, 234 Park Street, North Reading, O’Neill Associates, speaking on behalf of Mr. Demakis, who could not attend, stated that they find that the proposals are appropriate and meet their requirements for screening.

Mr. Correnti stated that they would be pleased to have the planting plan incorporated into the decision; and when they submit the final set, this will be a more detailed and part of the plan.  Mr. Clarke asked if this will be part of the two year plant management requirement.  Mr. Puleo said yes.

Issue is opened up for public comment

Dan Cahill, 20 Belleaire Ave, Lynn, thanked the Board for opening the discussion to people of surrounding communities.  He speaks on behalf of those in opposition and stated that they submitted a packet to the Board that details the opposition to the project.  He stated that they are concerned about the impact of this project in terms of the traffic.  They feel that they have not been given sufficient information about the traffic plan.  He feels that there is no hope for those in Lynn; they are one way in and one way out.  Additionally, they are concerned about the drainage plan, they are not sure if it’s going to work until it’s built.  They are concerned about the environment; they are running out of space and the area is home to important species.  They are also concerned about property values, specifically that the property values will decrease and will be shared amongst other rate payers in Lynn.  He’s also concerned about blasting; they don’t know the schedule, and how this will take place.  There are a lot of unknowns and he feels that this is going to be something that will impact us all forever.  He submitted 875 petitions to the Board from the surrounding areas and would like to hope this will be taken into account as this is voted on.

William Trahant Jr., Lynn City Councilor, thanked all of the Board members, and stated that it is an important issue to the neighbors in Lynn.  He said that this neighborhood is a strong neighborhood.  He is concerned about drainage.  He stated that things have changed and they are afraid of what is going to happen when they start blasting the bedrock.  He also stated his other concern which is the traffic; in particular the so-called “suicide lane” and they are concerned about this.

Pat Liberti, 3 Lions Lane spoke in support of the development.

Scott Wiseberg, Tanglewood Lane, Salem stated that they have been working with the developer since the beginning, and they support the project and looks forward to what the future holds.

Craig Balleranio, Winsuperkit Road, Lynn, stated that he is definitely in favor of the project as it will save him on gas.

Dave Pelletier, 12 Crombie St, Salem, asked if these buildings will be built with union labor; Mr. Puleo stated that this is not the role of the Planning Board to request the type of labor used on the project by an applicant.

Katerina Panagiotakis, 150 Ocean St, Lynn stated that she would like to submit an online petition to protect the area, which was signed by 1,212 people globally.  She also noted that the people who signed the petition are from Salem and are against this more than people from Lynn.  The second thing that she would like to note is in regards to the Native American resources on the site, and the Aquinnah (Mashpee) tribe will be submitting documentation to the Board.  

Jim Rose, 25 Linden St, Salem, stated that they are coming to a really outstanding design for this project, which will be great for Salem and the whole area.  He further stated that the people of Lynn should focus on their own economic development.  The design is great and this should move forward.

Mary Whitney, 356 Essex St, Salem, states that she has a lot of concerns about the project, and doesn’t believe that her concerns have been met, nor does she believe Mr. Correnti’s claims.  She read a quote from a book about statistics on shopping centers and the impacts on big box stores.  Her two questions are what is the purpose of the Planning Board and what are the grounds to deny a permit.  Lynn Duncan, Director of Planning, responded stating that the Planning Board has a few purposes: review proposed projects, conduct development review, and the Board will need to make certain findings in order to vote on this tonight.  If the Board finds that this meets the criteria of planned unit development, then they could approve; if not, they will approve with conditions or deny.  She stated that the site plan review is determining how to make it the best it can be and the criteria from the Zoning will guide this process as well.

John Mondello, 276 Chatham St, Lynn, states that he is in favor of this project because it will put people in labor to work during the development and will put people to work when it’s completed.

Tim Fandell, 36 Hollis St, Scituate, and a representative of the North Shore Building Trades, states that he is in favor of this project and thinks it is an excellent project.  He stated that he has observed an evolution in design in terms of traffic and drainage.  He commented on the new drainage plan which is nothing like what was originally proposed.  He feels that they have an engaged developer that has included the input from the Board and the public to figure out how to address drainage issues.  He also noted that the traffic issue showed once again that the developer stepped up to try to rectify the issue.  He said that Highland Avenue has been a problem since he grew up on the North Shore, and the developer agreed to administer a study to meet the concerns of the people in the room.  The developer has gone a long way to rectify long term solutions and standing on behalf of the North Shore Building Trades he is in favor of this project.

Leslie Courtemanche, 90 Fellsmere, Lynn, said that she thinks it’s funny that people call Highland Avenue ugly now, and it will be more ugly if this project is approved.  She stated that what is behind the site now is a vast resource that has been used since 1945 as an open space park.  She said that all over the world there are projects to protect open areas, and yet in our own backyards, we are destroying this rich environment; which is in not in harmony with state requirements.

Calvin Anderson, 12 Concord Street, Lynn, read from a statement he prepared and he urged the board to continue the hearings.

Joe Gill, 222 Woodland North, Lynn, said that if people in support of the project still have questions, that it should raise red flags.  He said that he works at Camp Lion, and the project will displace 400 kids during the summer.  Mr. Puleo asked if he represented Camp Lion, and Mr. Gill stated that he does not, he is here tonight representing himself.

Stacy Kilb, 35 North Ave Salem, does not support this project, but commends the minute taker as she herself has to take minutes and she thinks the minute taker is doing a great job.

Barry Nealy, Lynn St, Salem, congratulated the Board on doing a great job.  He said that he has driven around the neighborhood, has been a boy scout, and wants it to be known that there will still be a camp.  He stated that the Board is charged with taking care of Salem, what the developer is suggesting will improve the area.  Mr. Ready noted that this board has demonstrated an expansive view to go out of their way to consider the folks of Lynn.

John Moustakis made a motion to close the public hearing, seconded by Christine Sullivan.  All approved 9-0.  


Ms. Hanscom asked how much of the natural landscape will be removed to build this.  Mr. Turner stated that an approximation is about 12 – 15 acres.  Ms. Sullivan stated that Salem has a clear blasting ordinance which regulates the hours, etc, and asked if the ordinance would be distributed tonight.  Danielle McKnight, Staff Planner, stated that it is available through the Fire Department.  Ms. Sullivan recommended that this be made available and asked if the blasting ordinance includes the people in Lynn.  Mr. Puleo responded that the ordinance includes a circumference of up to 300 feet.  Mr. Clarke recommended sharing the ordinance with the Councilors and the Mayor of Lynn. Ms. Duncan stated that a copy of the ordinance is available on the city website www.salem.com.

Mr. Ready stated that there is an obvious concern for volume of traffic, and he asked if the Board has received anything from Lynn on their traffic solutions.  He also stated that the uncertainty of storm flooding concerns is another issue.  There is a water study that shows that they have completed an extensive review of the problem pipes.  Tim Kavanaugh responded that the peer reviewer and engineer state that after the project is built the drainage will be better.

Ms. Sullivan pointed out that there is a Target and Home Depot in town, and downtown Salem is booming more than what it has seen since the 1950’s.  The future is that there is an ability have a blend of types of businesses.

Mr. Clarke said that he agrees and disagrees with Ms. Sullivan.  He stated that he is not a fan of box stores but as the Planning Board we are here to see if they meet the PUD zoning conditions and site design requirements.  He thinks the applicant has done a pretty fantastic job of dealing with people’s concerns and they meet all the conditions.  He noted that Planning Board only does one piece; there is the MEPA review, etc, and encourages the audience to continue to be part of this.  He recommend that the Lowe’s site do as much as possible in terms of solar paneling and green design.  He stated that he thinks the screening changes are great and in terms of the improvement in drainage, he is convinced it will be better.  He noted that the turning lane and the u-turn is a significant positive.  The only thing he’s not happy with is the overall size of the parking lot.  Mr. Clarke thanked the people in audience for their participation in this process.

Helen Sides said that she agrees with most everything Mr. Clarke said.  She feels that Salem needs this project and needs the tax revenue.  She said she is not a fan of blasting, but if it is going to take place, this is where it should be done.  She said Lowe’s should be working harder to maximize sustainability and hopes the state requires more of them in this respect.

Ms. Sullivan stated that she hopes that Lowe’s would learn from Wal-Mart in this respect.  She is really impressed by the use of recycled materials.  They can do the same thing, they are powerful. Her last point is that this is about jobs.

Mr. Puleo reviewed the Draft Decision with the Board.  There was discussion about the proposed conditions.  

Tim Kavanaugh made a motion to approve the PUD special permit, wetlands special permit, and the site plan submitted, seconded by John Moustakis and approved 9-0 (Puleo, Moustakis, Hanscom, Ready, Kavanaugh, Sides, Sullivan, Clarke and George in favor, none opposed), with the following conditions:

The Planning Board, after numerous public hearings and review of submitted materials, hereby makes the following “Findings of Fact”, attached as Exhibit A and hereby incorporated as part of this decision.

The Planning Board also hereby finds that the proposed project meets the provisions of the City of Salem Zoning Ordinance, Sec. 7.3 Planned Unit Development, as follows:

1)  7.3.1 Purpose – The proposed Planned Unit Development (PUD), which incorporates retail, municipal, and outdoor recreational uses, meets the purpose and intent of the Zoning Ordinance and Master Plan of the City of Salem.

2)  7.3.2 Applicability – The proposed development parcel is significantly greater than 60,000 square feet in area.  The underlying zoning districts of the proposed development parcel are BPD (Business Park Development) and B-2 (Highway Business District), each of which are eligible districts for PUD treatment.

3)  7.3.3 Uses – The proposed uses, including retail, municipal, and outdoor recreation, are allowed in a PUD development.

  • 7.3.3.2 – The Applicant has submitted detailed engineering and architectural specifications, including drawings, photographs, and photo-simulations of the means that will be employed to protect abutting properties in both Salem and Lynn.  Specifically:
  • The Applicant conducted a balloon test whereby balloons were floated at strategic locations at the height of the proposed Lowe’s building.  Photographs taken from numerous locations at ground level show sight impacts to be minimal from existing residential neighborhoods.
  • A 15-foot high sound/screening wall will be constructed behind the proposed Lowe’s building;
  • The proposed sound/screening wall will serve as a noise and visual buffer between the Lowe’s building and loading docks and the abutting Lynn residential development;
  • The proposed sound/screening wall, along with the existing and proposed landscaping buffer between Lowe’s and the abutting Lynn residential development, will serve to protect the health, safety, welfare and privacy of the residential development;
  • The elimination of the existing Camp Lion driveway, a revision to the originally submitted plans, has increased the buffer between the residential neighborhood in Lynn and the proposed Lowe’s building.   
  • The proposed Walmart loading docks to the rear will be located over 400 feet from the nearest residential abutter with significant differences in elevation and a continuing landscape buffer, which will serve to protect the health, safety, welfare and privacy of the abutting residents;
  • Walmart has agreed to limit truck deliveries to its building to the hours of 6:00 a.m. to 12:00 a.m., with no overnight deliveries between 12:00 a.m. (midnight) and 6:00 a.m.
  • 7.3.3.3 – In the Business Park Development district, residential uses and associated improvements cannot exceed 50% of the land area of the parcel.  There are no residential uses proposed.
4) 7.3.8 Decision

  • 7.3.8.1 - The proposed planned unit development is in harmony with the purposes and intent of this Ordinance and the master plan of the City of Salem and it will promote the purpose of this section by:
  • Providing for a comprehensive, planned approach to commercial, municipal, and recreational development of adjacent parcels on Highland Avenue.  The proposed PUD will eliminate several existing curb cuts along Route 107 and coordinate traffic through a newly created signalized drive into the site that will be utilized by each of the proposed uses.  
  • In addition to providing vehicular access for the City of Salem water tower and the Camp Lion outdoor recreational facility, the proposed PUD will coordinate utilities access to each of the proposed uses.
  • Providing for appropriate economic development on an existing commercial corridor, thereby generating tax revenue and creating jobs.
  • 7.3.8.2 - The mixture of uses in the planned unit development is determined to be sufficiently advantageous to render it appropriate to depart from the normal requirements of the districts. Specifically, the project incorporates a mixture of commercial, municipal, and recreational uses, providing substantial public benefit.
  • 7.3.8.3 - The planned unit development would not result in a net negative environmental impact.  Specifically,
  • The proposed PUD requires the cutting of existing trees and blasting on site, but also includes the planting of over 1,000 new trees and shrubs on site.
  • The Applicant predicts that the Drainage Plans, as submitted, revised and reviewed, will improve the existing pre-development condition of the site and surrounding neighborhoods in regard to drainage.  The Applicant’s engineering work is complete and thorough, and their analysis and predictions are reasonable.
  • The Applicant presented information indicating that the project will have no adverse impacts to the Spring Pond water supply in Peabody.  Their analysis is reasonable and satisfactorily addresses the concerns about potential contamination runoff being directed to Spring Pond.
  • The proposed PUD incorporates Low Impact Development (LID) techniques for Walmart.
  • The proposed PUD incorporates energy-saving and greenhouse gas initiatives for the proposed buildings.
The Planning Board hereby makes the following findings pertaining to the Wetlands and Flood Hazard District Special Permit Application:

1.      The proposed uses comply in all respects with the Zoning Ordinance and particularly the PUD section of the Ordinance.

2.      Portions of the site are located within the Wetlands District, as defined in the Zoning Ordinance.

3.      The proposed development does not include the storage of salt, chemicals or petroleum products, other than those materials packaged, stored and handled for retail sale and stored within the buildings and stored within the buildings and an above-ground double-walled fuel tank with interstitial leak detection monitoring, that is attached to and serves as the fuel supply for the emergency generator serving the Lowe’s store.

4.      The floor levels of areas to be occupied by workers will be four feet or more above the seasonal high water table with no basement floor level being constructed in any building.

5.      The project will be serviced by City sewer.  There will be no on lot septic system.

6.      The Drainage Plans and design, as submitted, will improve the water storage capacity of the site and protect against pollution and contamination of such water supply and wetlands.

At a special meeting of the Planning Board held on January 13, 2011, the Planning Board voted by a vote of nine (9) in favor (Charles Puleo, John Moustakis, Randy Clarke, Nadine Hanscom, Mark George, Tim Kavanaugh, Tim Ready, Christine Sullivan, Helen Sides), and none (0) opposed to approve the Site Plan Review, Planned Unit Development Special Permit, and Wetland and Flood Hazard District Special Permit, subject to the following conditions:

Conformance with the Plan
Work shall conform to the plans entitled, “Planned Unit Development Application: Proposed Lowe’s Home Improvement Center, Wal-Mart and Meineke Expansions, City of Salem Water Storage Tank, and Future Camp Lion Improvements, Highland Avenue, Salem, Massachusetts,” prepared for Kennedy Development Group, prepared by Tetra Tech Rizzo and Bohler Engineering, dated February 19, 2010 and last revised October 18, 2010, and page C-2, Site Plan, and page C-5, Landscape Plan, last revised December 15, 2010; and the plan entitled “Proposed Screening Wall, Salem, MA,” dated January 13, 2011, showing additional planting on the south side of the site.

Amendments
Any amendments to the site plan shall be reviewed by the City Planner and if deemed necessary by the City Planner, shall be brought to the Planning Board.  Any waiver of conditions contained within shall require the approval of the Planning Board.

Construction Practices
All construction shall be carried out in accordance with the following conditions:
a.      All provisions in the City of Salem’s Code of Ordinance, Chapter 22, Noise Control, shall be strictly adhered to.
b.      All reasonable action shall be taken to minimize the negative effects of construction on abutters.  Advance notice shall be provided to all abutters in writing at least 72 hours prior to commencement of demolition and construction of the project.
c.      Drilling and blasting shall be limited to Monday-Friday between 8:00 AM until 5:00 PM.  There shall be no drilling, blasting or rock hammering on Saturdays, Sundays, or holidays.  Blasting shall be undertaken in accordance with all local and state regulations.
d.      All construction vehicles shall be cleaned prior to leaving the site so that they do not leave dirt and/or debris on surrounding roadways as they leave the site.
e.      All construction shall be performed in accordance with the Rules and Regulations of the Planning Board, and in accordance with any and all rules, regulations and ordinances of the City of Salem.
f.      All construction vehicles left overnight at the site, must be located completely on the site
g.   All construction activities shall be in accordance with the “Salem Police Station Construction Management Plan”.
  • All sidewalks, roadways, utilities, landscaping, etc. damaged during construction shall be replaced or repaired to their pre-construction condition, or better.
  • A Construction and Management Plan is to be submitted to the City Planner for appropriate distribution to Salem departments and the City of Lynn.
Fire Department
  • All work shall comply with the requirements of the Salem Fire Department. The locations of all fire hydrants shall be approved by the Fire Department prior to the issuance of any building permit.
Building Inspector
All work shall comply with the requirements of the Salem Building Inspector.

Board of Health
All work shall comply with the Board of Health decision and conditions dated October 13, 2010:

  • The individual presenting the plan to the Board of Health must notify the Health Agent of the name, address, and telephone number of the project (site) manager who will be on site and directly responsible for the construction of the project.
  • If a DEP tracking number is issued for this site under the Massachusetts Contingency Plan, no structure shall be constructed until the Licensed Site Professional responsible for the site meets the DEP standards for the proposed use.
  • A copy of the Licensed Asbestos Inspector’s Report must be sent to the Health Agent.
  • A copy of the Demolition Notice sent to the DEP, Form BWPAO6, must be sent to the Health Agent.
  • The developer shall give the Health Agent a copy of the 21E report.
  • The developer shall adhere to a drainage plan as approved by the City Engineer.  
  • The developer shall employ a licensed pesticide applicator to exterminate the area prior to construction, demolition, and/or blasting and shall send a copy of the exterminator’s invoice to the Health Agent.
  • The developer shall maintain the area free from rodents throughout construction.
  • The developer shall submit to the Health Agent a written plan for dust control and street sweeping which will occur during construction.
  • The developer shall submit to the Health Agent a written plan for containment and removal of debris, vegetative waste, and unacceptable excavation material generated during demolition and/or construction.
  • The Fire Department must approve the plan regarding access for fire fighting.
  • Noise levels from the resultant establishment(s) generated by operations, including but not limited to refrigeration and heating, shall not increase the broadband sound level by more than 10 dB(A) above the ambient levels measured at the property line and as further interpreted in the MA Department of Environmental Protection noise pollution policy and 310 CMR 7.10 .
  • The developer shall disclose in writing to the Health Agent the origin of any fill material needed for the project.
  • The resultant establishment shall dispose of all waste materials resulting from its operation in an environmentally sound manner as described to the Board of Health.
  • The drainage system for this project must be reviewed and approved by the Northeast Mosquito Control and Wetlands Management District.
  • Proposed food establishments must have their plans reviewed by the Health Agent prior to their build-out.
  • The developer shall notify the Health Agent when the project is complete for final inspection and confirmation that above conditions have been met.             
Utilities
  • Utility installation shall be reviewed and approved by the City Engineer prior to the issuance of any Building Permit. The applicant shall have an engineer certify the utility plans for review by the City Engineer, prior to the issuance of any Building Permit.
  • All electrical utilities for the site shall be underground.
8.   Department of Public Services
The applicant, his successors or assigns shall comply with all requirements of the Department of Public Services.

9.   Lighting
a. No light shall cast a glare onto adjacent parcels or adjacent rights of way.
b. A final lighting plan shall be submitted to the City Planner for review and approval prior to the issuance of any building permit.
c. After installation, lighting shall be reviewed and approved by the City Planner, prior to the issuance of any Certificate of Occupancy.

  • HVAC
If an HVAC unit is located on the roof or site, it shall be visually screened.  The method for screening the unit shall be submitted to the City Planner for review and approval prior to installation.

  • Noise
HVAC units shall be sufficiently buffered and the applicant shall take steps to further mitigate noise emanating from the HVAC units(s) if the Board of Health receives any complaints.

12.  Landscaping
a.      All landscaping shall be done in accordance with the approved set of plans; detailed landscaping plan for the plan entitled “Proposed Screening Wall” dated January 13, 2011, is to be submitted to the City Planner for review and approval prior to issuance of any building permit
b.   Maintenance of all landscaping shall be the responsibility of the applicant, his successors or assigns. The applicant, his successors or assigns, shall guarantee all trees and shrubs for a two- (2) year period.
c.  Any street trees removed as a result of construction shall be replaced. The location of the trees shall be approved by the City Planner prior to replanting.
d.  Final completed landscaping shall be subject to approval by the City Planner prior to the issuance of a Certificate of Occupancy.

13.   Maintenance
  • Refuse removal, recycling, ground maintenance and snow removal shall be the responsibility of the developer, his successors or assigns.
  • Winter snow in excess of snow storage areas on the site shall be removed off site.
14.   As-built Plans
a.      As-built Plans, stamped by a Registered Professional Engineer, shall be submitted to the Department of Planning and Community Development and Department of Public Services prior to the issuance of any Certificate of Occupancy.
b.   The As-Built plans shall be submitted to the City Engineer in electronic file format suitable for the City’s use and approved by the City Engineer, prior to the issuance of any Certificate of Occupancy.
c.   A completed tie card, a blank copy (available at the Engineering Department) and a certification signed and stamped by the design engineer, stating that the work was completed in substantial compliance with the design drawing must be submitted to the City Engineer prior to the issuance of any Certificate of Occupancy; as well as, any subsequent requirements by the City Engineer.

15. Violations
Violations of any condition contained herein shall result in revocation of this permit by the Planning Board, unless the violation of such condition is waived by a majority vote of the Planning Board.

16. Special Conditions:

1.      Traffic
a.   Applicant agrees to provide up to $75,000 to MassDOT to undertake a study for the data collection, analysis and conceptual design of three intersections on Route 107 in Salem for the purpose of identifying alternatives for traffic mitigation for the intersections at Swampscott Road, Marlborough Road/Trader’s Way, and Pep Boys/Market Basket Plaza Driveways.   (See Exhibit B.)  Further, the applicant agrees to provide $17,000 to the City of Salem for traffic engineering peer review related to this study. Said funds to be provided to MassDOT and the City of Salem, respectively, prior to issuance of any building permit.  

b.   Applicant agrees to design and implement an exclusive right-turn lane on the Western Avenue southbound approach to Fays Avenue in Lynn, subject to the approval of MassDOT.  In addition, applicant will replace the existing traffic signal equipment and have traffic signal timing changed to increase the amount of “green time” provided to the Western Avenue approaches during each signal cycle, subject to the approval of MassDOT.  Applicant is to coordinate with/obtain necessary approvals from MassDOT.  

c.   It is noted that as a potential alternative to address traffic concerns identified in the City of Lynn, the applicant is proposing a two-way left turn lane on Western Avenue from Buchanan Circle to (approximately) the current location of the Camp Lion driveway.  This reference is included herein to acknowledge that this alternative could be a requirement of MassDOT as part of the MEPA review process.  It is not a condition of approval of the Salem Planning Board.  

d.   All traffic and roadway improvements shall be implemented as approved by the State prior to the issuance of any Certificate of Occupancy.

e.    Lowe’s and Walmart are required to each join the North Shore Transportation Management Association (TMA) for a minimum period of three years. The cost for such membership shall be based on rates in effect at the time of this approval. Payment for the three year membership to be made prior to the issuance of any Certificate of Occupancy.

  • Stormwater Management
  • Applicant to inspect existing stormwater management system within the limits of the proposed Highland Avenue improvements during construction to identify any catch basins, manholes, or stormwater pipes that do not appear to be functioning properly.~ Catch basins, manholes, and stormwater pipes found to be in need of cleaning, repair, or replacement or that differ from the conditions identified on the existing conditions survey (i.e. smaller diameter pipe than shown on the plans) are to be reported to the Salem City Engineer and MassDOT prior to any action being taken.~ Said catch basins, manholes, or stormwater pipes will be cleaned, repaired, or replaced subject to the approval of MassDOT as part of the project improvements.  Evaluation and cleaning to specifically include the catch basin at the outlet to the wetland located at the southeast property boundary, which is located approximately ten feet off Highland Avenue.  
  • Future developments at the Camp Lion facility must not exceed the impervious areas shown on the approved plans in order to meet Massachusetts Stormwater guidelines.  Furthermore, development of the camp site shall include stormwater treatment measures as stated in the project Drainage Report, dated November 23, 2010.
  • Applicant is to submit an Operation and Management Plan for the stormwater management system, describing the frequency of cleaning (at least twice per year), and maintenance of the system, clearly defining the responsible party for maintenance, prior to the issuance of any building permit.
  • The applicant is to contribute $60,000 prior to issuance of any Certificate of Occupancy to the City of Lynn to be used by the City of Lynn toward drainage improvements, specifically including repair or replacement of a stormwater pipe identified in the Buchanan Circle neighborhood that is functioning improperly and contributing to flooding conditions in that neighborhood, as identified in Paragraph 28 of Exhibit B attached hereto.
  • Deliveries to Walmart to be limited to the time period between 6 a.m. and 12 a.m. (midnight) consistent with current store operations.
  • Details, specifications, and design calculations for the retaining wall at Lowe’s, including color, to be submitted to the City Engineer and City Planner for review and approval prior to start of construction.
  • Specifications for the sound barrier/screening wall, including color, located to the rear of the Lowe’s store, are to be submitted to City Planner for review and approval prior to start of construction.
  • A sidewalk is to be constructed along Highland Avenue from the northernmost site driveway to connect to the access driveway to facilitate a safer walking environment for pedestrians.  The design of the sidewalk and pedestrian ramps to be ADA compliant.  It is noted that the new signalized intersection at the site driveway will include a pedestrian phase to enable pedestrians to safely cross.  The crosswalk will be moved from its current location, as recommended by MassDOT, to north of the access driveway.  The sidewalk and new location of the crosswalk to be shown on revised plans.   Revised plans are to be submitted to the City Planner for review and approval prior to issuance of a building permit for Walmart.
  • The applicant will contribute $75,000 to the City of Salem toward the cost of improvements to the sewer pump station located on Highland Avenue in front of the site prior to the issuance of any building permit.
  • A bus pull off, shelter and waiting area shall be incorporated into the site plan on Highland Avenue in front of the Walmart project site for southbound buses. The pull off or turnout area for the bus, which is the start of the right-turn lane into the site, shall be wide enough so as to allow all traffic lanes on Highland Avenue  to continuously flow once the bus comes to a stop. The applicant shall work with the MBTA and MassDOT to obtain the necessary approvals, easements, etc. for construction.  Upon State approval(s), a specific site plan shall be submitted for review and approval by the City Planner showing proposed amenities, such as a shelter, cart corral, and trash receptacle as well as any changes to the parking field or landscaping of Walmart, if necessary.  Bus pull off and associated amenities to be constructed prior to the issuance of any Certificate of Occupancy, assuming that all necessary State approvals are in place in a timely fashion, however in no event will a non-issuance of approvals by the State delay the issuance of any Certificate of Occupancy by the City.
  • Refuse removal, recycling, ground maintenance and snow removal shall be the responsibility of the applicant, his successors or assigns.
  • The applicant, his successors or assigns shall be responsible for the maintenance and snowplowing of the entrance drive connecting to Highland Avenue.
  • A Clerk of the Works will be required to oversee the construction work.  The Clerk of the Works shall be provided by the City, at the expense of the applicant, his successors or assigns.
EXHIBIT A

TRAFFIC

The following findings include improvements proposed by the Applicant, all of which are subject to approval by the Massachusetts Department of Transportation (MassDOT), who has jurisdiction over these applicable portions of Route 107 (Highland and Western Avenues) in both Salem and Lynn.

1.      The existing main site driveway into Walmart will be closed.

2.      A new site driveway providing full access/egress under traffic signal control with optimized phasings and timings for the entire project will be provided.

3.      The north site driveway into Walmart will be modified to provide proper curb radii to current design standards.

4.      Additional turning lanes and pedestrian accommodations at the new main driveway will be provided.

5.      Improvements to the Highland Avenue southbound merge area into the City of Lynn will be provided by realigning the roadway, through the use of pavement markings, and posted signs.

6.      Western Avenue at Fays Avenue in Lynn will be slightly widened and re-striped on the southbound approach to provide a through lane and an exclusive right-turn lane.

7.      New traffic signal equipment with optimized phasings and timings will be installed at the Western Avenue/Fays Avenue intersection.

8.      Western Avenue between Buchanan Circle and the existing Camp Lion driveway will be re-striped to provide a two-way left-turn lane for left turns to/from the residential streets.

9.      The City of Salem Planning Board retained BETA Group, Inc. (“BETA”) as its peer review consultant on the traffic impacts and improvements associated with this project as proposed by the Applicant.

10.     BETA reviewed, in detail, the “Traffic Impact and Access Study for Submission with EENF” proposed by the Applicant and prepared by the Applicant’s traffic consultant, Greenman-Pedersen, Inc. (“GPI”).

11.     BETA prepared a detailed comment letter, dated May 5, 2010, to the Traffic Study submitted by the Applicant.

12.     In its comments and recommendations, BETA recommended, among other things, that the following actions be undertaken by the Applicant:

        a.      Expand the study area along Route 107 further south into Lynn and further north into Salem;

        b.      Provide additional automatic traffic recorder (ATR) counts along Highland Avenue adjacent to the site to the City;

        c.      Evaluate the sight distances at the Highland Avenue/Camp Lion driveway;

        d.      Clarify calculations concerning Minimum Required Stopping Sight Distance;

        e.      Revise the trip generation for the weekday AM peak hour.

13.     In a Technical Memorandum dated September 2, 2010, GPI submitted a Response to Comments memorandum that addressed each issue and recommendation made by BETA, including implementation of the substantially expanded study area.

14.     The City of Salem Department of Planning and Community Development coordinated a meeting with MassDOT and invited both the Applicant and BETA to attend to discuss the Applicant’s proposed improvements on Route 107, a DOT jurisdiction roadway (“DOT Meeting”).

15.     Subsequent to the DOT Meeting, the Applicant, BETA and the Department of Planning and Community Development reported to the Planning Board, at its regularly scheduled meeting on January 6, 2011, that an engineering corridor study along Route 107 between Swampscott Road and the Pep Boys traffic signal was recommended by DOT, to be funded by the Applicant, to help determine future improvements to Route 107.

16.     The Applicant presented its proposed improvements, as revised, to the Planning Board on January 6, 2011, including a two-way left-turn lane to be constructed south of the Highland Avenue merge area, from the existing Camp Lion driveway, along Western Avenue to Buchanan Circle in Lynn.

17.     Extensive comments have been received by the Planning Board from the public, including many residents of the abutting Lynn neighborhoods, concerning the  existing conditions along Route 107 between Fays Avenue and the project site.

18.     All conditions, recommendations, revisions and changes to Route 107 proposed by the Applicant and/or the Planning Board are subject to the approval of DOT for this state highway.

19.     The Applicant will submit to ongoing DOT jurisdiction in the state-required MEPA and MassDOT Section 61 processes for this project.


DRAINAGE

20.     The Applicant has submitted an extensive Drainage Report entitled “Drainage Report for proposed Planned Unit Development,” dated November 23, 2010, prepared by Tetra Tech Rizzo and Bohler Engineering, as well as plans in the original Planned Unit Development (“PUD”) Application and subsequent Wetlands Flood Hazard District Special Permit Application.

21.     The documents submitted addressed, among other things, the following:

  • Intermittent stream reconstruction;
  • Cross-sections of the existing stream;
  • Pre-development Conditions Watershed Plan;
  • Post-development Conditions Watershed Plan;
  • Demolition Plan;
  • Grading and Drainage Plan;
  • Utility Plan.
22.     The City of Salem retained the services of New England Civil Engineering Corp. (“NECE”) for Peer Review Services to be provided to the Planning Board on engineering and drainage matters for the project.

23.     Upon its review of the submitted materials, as well as meetings with the Applicant’s engineers, NECE submitted extensive comments and recommendations to the Board and Applicant on two separate occasions, including, but not limited to the following areas:

        a.      Soils:  Submittal of logs for test pits, borings and probes, for review.

        b.      Impervious Area.  Applicant to submit acreage with itemized calculations.

        c.      Roof Runoff.  Applicant to provide additional information on slope and break lines of roof to confirm runoff to be collected.

        d.      TSS Removal.  Applicant to revise TSS removal tables to reflect a different method of street sweeping (a more conservative removal rate).

        e.      Water Quality Structures and Sizing.

        f.      Hydraulic Capacity of Pipes.

        g.      Existing Drainage.  Identify condition of structures in Route 107; expand study area further into Lynn.

        h.      Maintenance.

        i.      Subsurface Infiltration/Low Impact Development.  Applicant to evaluate alternatives.

j.      Modifications to the existing drainage inlet structure located along the southeast property boundary to reduce the likelihood of clogging.

        k.      Existing Sanitary Sewer Pump Station.  Coordination with City Engineer required.

24.     Through a series of meetings with NECE and presentation and submittals to the Planning Board, the Applicant has addressed each of the issues raised by the Board and its consultant, NECE.

25.     Extensive public comment has been received by the Board during the public hearings concerning the existing drainage and runoff conditions of the site and the abutting neighborhoods in Lynn.

26.     Based on public comments from neighbors and actual observation of the site area, the Board finds that some flooding already occurs onto Route 107 and into the Buchanan Circle neighborhood in Lynn.

27.     The Board received extensive comment from various City of Lynn officials, including officials from Lynn Water & Sewer Commission, confirming the flooding that occurs in the existing pre-development condition.

28.     The Applicant, working with staff from Lynn Water & Sewer Commission, identified a stormwater pipe in the Buchanan Circle neighborhood that was functioning improperly and contributing to the flooding conditions.

29.     The Applicant presented information indicating that the project will have no adverse impacts to the Spring Pond water supply in Peabody.  This was reviewed by NECE, which found their analysis to be reasonable and addressed the concerns about potential contaminated runoff being directed to Spring Pond.

30.     The Applicant, at the suggestion of the Board and NECE, incorporated “low impact development” techniques in the form of above and below ground stormwater infiltration areas for the Walmart store.

31.     The applicant predicts that the Drainage Plans, as submitted, revised and reviewed, will improve the existing, pre-development condition of the site and surrounding neighborhoods.  NECE finds that the applicant’s engineering work is complete and thorough, and their analysis and predictions are reasonable.

EXHIBIT B
Draft Scope of Work

Data Collection, Analysis and Conceptual Design of Alternatives:
Three Intersections on Route 107, Salem, Massachusetts



BACKGROUND

MassDOT and the City of Salem are interested in operational and potential geometric improvements that would mitigate existing conditions and potential future impacts from the new Lowe’s and expansion of Walmart in Salem south of the three locations, just north of the Lynn/Salem City Line.

This document outlines a scope of services to perform a traffic study for three signalized intersections on Route 107 (Highland Avenue) in Salem, Massachusetts, as follows:
  • Swampscott Road
  • Marlborough Road/Traders Way
  • Pep Boys/Market Basket Plaza Driveways
The three intersections will be analyzed for operational issues (delays, traffic signal design, and other deficiencies) and potential improvements requiring expansion into the existing right-of-way or beyond it. Of particular interest are the first two intersections, which operate in tandem as a pair carrying north-south volume between Swampscott Road and Marlborough Road in both directions. This tandem causes a shifting of traffic within a limited roadway segment on Route 107 causing merging and diverging of traffic with associated delays and operational inefficiencies. In the case of geometric improvements at this segment of Route 107 to correct for this problem, MassDOT is interested in developing and reviewing conceptual AutoCAD plans drawn over existing layout plans.


OBJECTIVE

This study will identify traffic operational and geometric improvements to address operational problems at three Salem signalized intersections, including developing conceptual plans and identifying right-of-way requirements for the alternatives that include geometric improvements.


WORK DESCRIPTION


Task 1  Perform Field Reconnaissance and Collect/Gather Data

Detailed data and information pertaining to each location will be collected. This will involve visiting each site and inventorying all relevant geometric, land use, and signal features. The three locations serve primarily Route 107 commuter trips and the shopping plaza driveways, which may have different peaking characteristics. For this reason, data collection will be done for weekday AM and PM peak hours and for Saturday midday. In addition, data may have to be collected for the intersection of one of the plaza’s driveways with Route 107. Data will include:

  • 2-hour manual turning movement counts (MTMCs) during the AM and PM peak periods and midday (10 AM to 2 PM) Saturday
  • 24-hour Automatic Recorder Counts (ATRs) (to be requested from MassDOT Highway Division) at nine locations during three weekdays and a typical Saturday
  • Bicycle counts
  • Pedestrian counts
  • Transit vehicle counts
  • Signal timing data (MassDOT to provide traffic signal plans to review existing phases, timing lengths)
  • Queue lengths
  • Crash data, including copies of crash reports to develop crash diagrams
  • Origin-destination pattern for Swampscott Road and Marlborough Road traffic by performing a short license plate or other form of survey
  • Geometric data (layout plans, lanes, curb cuts, sidewalks, crosswalks, pedestrian buttons, transit amenities)
  • Land use/zoning information
  • Jurisdictional/administrative system responsibilities
Products of Task 1
Traffic flow diagrams, summaries of count, geometric, signal, and queue information, origin-destination data and analysis, safety analysis and crash diagrams, as well as land use and jurisdictional information, for the three intersections


Task 2  Evaluate and Analyze Intersections

Each intersection will be analyzed for capacity and delays analysis in order to determine the operational level of service at each intersection. Particular attention will be given to the evaluation of existing pedestrian signal phases, if any, or the need for them. Also, the origin-destination (north-south) traffic pattern between Swampscott Road and Marlborough Road will be identified in order to design effective traffic signal plans and geometric improvements at the two intersections and the Route 107 segment between them. Analysis of crash diagrams will reveal the type of safety concerns that exist in the vicinity of the three intersections and the operational or geometric deficiencies that may be lacking in in that area. Field observations will yield a full understanding of the operations of vehicles, bicycles, and pedestrians at each location. In addition to field observations, right-of-way plans will be reviewed, in case any minor widening or additional turning lanes are required.

Products of Task 2
Reviews of traffic signal plans and right-of-way plans; summaries of existing operational level of service for typical weekday AM and PM peak hours and for midday Saturday, including delays and queues by lane group; assessment of safety issues; assessment of north-south traffic volume pattern using the Route 107 segment between Swampscott Road and Marlborough Road


Task 3  Develop Improvement Alternatives and Associated Costs

Based on the evaluation and analyses, potential improvement alternatives will be developed. Potential improvements would include retiming, traffic signal design, geometric improvements, traffic management, channelization, access management, arterial coordination of the three signalized intersections, and assessment of traffic control equipment for potential updates, and better processing of bus, pedestrian, and bicycle traffic. The cost of each improvement option will be evaluated (excluding right-of-way costs.) Conceptual geometric improvements will be drawn on existing layout plans using AutoCAD. Analysis will be performed with 2016 (No-Build and Build) volumes, including Wal-Mart and Lowe’s generated traffic upon occupancy.  In addition to Wal-Mart and Lowe’s trips, the 5-year growth rate will take into account an appropriate background growth rate.

Product of Task 3
A summary of alternative improvements and associated present and future year assessment; conceptual AutoCAD designs of potential geometric improvements; and construction implementation costs, excluding right-of-way purchase, if any.


Task 4  Recommend Improvements

Based on the evaluation and analysis performed in Task 3, short- and long-term measures to improve operations at the three intersections will be recommended

Product of Task 4
A summary of recommended operational improvements for the three intersections


Task 5  Advisory Group Input

Study will include seeking advisory group input via presentations at meetings e- mail exchanges, and telephone forms of interaction. The advisory group will consist of MassDOT representatives from Office of Transportation Planning, Highway Division, District 4, and others; City of Salem officials, and City of Salem consultants.

Product of Task 5
Preparation for meetings, including presentations, and other forms of interaction with advisory group members


Task 6  Document All Findings and Recommendations

Staff will document all study tasks in a technical memorandum for MassDOT’s review.

Product of Task 6
A technical memorandum documenting Tasks 1 through 5


ESTIMATED SCHEDULE

It is estimated that this project will be completed 14 weeks after the notice to proceed is received.

Old/New Business

Adjournment
Randy Clarke made a motion to adjourn the meeting, seconded by Nadine Hanscom.  All approved 9-0.  Chuck Puleo adjourned the meeting at 9:42 pm.


Respectfully submitted,
Beth Gerard, Recording Clerk

Approved by the Planning Board with edits 2/3/11