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Approved Minutes 02/03/2011
APPROVED MEETING MINUTES 2/3/11

A regular special meeting of the Salem Planning Board was held on Thursday, February 3, 2011 at 7:00 p.m. in Room 313, Third Floor, at 120 Washington Street, Salem, Massachusetts.

Those present were: Chuck Puleo, Chair, Mark George, Randy Clarke, Helen Sides, Tim Ready, and Tim Kavanaugh. Also present: Danielle McKnight, Staff Planner, and Beth Gerard, Planning Board Recording Clerk. Absent: John Moustakis, Nadine Hanscom, Christine Sullivan.

Chuck Puleo opened the meeting at 7:11 pm.  

Approval of Minutes
1/13/11 Planning Board meeting minutes
Mark George noted that on page 2, top paragraph, third line down, the public comment should state “decrease”, not increase.  Helen Sides noted that her comments on the bottom of page 3 should state that she is not a fan of blasting anywhere, but if it is going to take place, this is where it should take place.  Further, she stated that Lowe’s should be working harder to maximize sustainability and she hopes that the state requires them to do so.  Mr. George noted a correction on the top of page 3 that the public commenter’s address should be spelled “Fellsmere”.  No other comments or corrections were made by the Planning Board members.  Randy Clarke motioned to approve, seconded by Mark George.  Approved 6-0.

Request of Paul DiBiase 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, representing Osborne Hills Realty Trust and the owner of the property, is here to request permission to relieve Beverly Cooperative Bank from the Tri-Party Agreement, and assign Enterprise Bank as the new lender for the property.  He explained that the reason why he is here again is because Beverly Cooperative Bank was not interested in financing the next phase of construction and Enterprise Bank is.  He signed the mortgage and he does have a commitment to finance the second phase.  He reported that they have four reservations for the second phase and have built 15 homes in the first phase.  Mr. Puleo asked if Beverly Cooperative Bank is out completely.  Mr. DiBiase said yes.  He stated that there is a new Tri-Party Agreement that has been executed.  He shared Exhibit A, which is the surety, and explains that has not changed.  He also noted that no other work has been performed to reduce that, but they do plan to install the street trees in the Spring and get the asphalt down as well.  Mr. Puleo asked if that takes care of Conditions 1 & 4.  Mr. DiBiase said yes, there is only a small amount of vertical granite curbing to do; they will do the asphalt sidewalks and the driveways at the same time and the only thing left to do is the asphalt on the street.  Exhibit A is the same exhibit that the previous bank signed off on.  There is a release of the Tri-Party Agreement for Beverly Cooperative Bank which will relieve them of their duties, with respect to their surety.  Mr. George asked where this differs with the original agreement.  Mr. DiBiase said the agreement did not change, just the bank.  Mr. Puleo asked if Phase 1 was split into two separate sections.  Mr. DiBiase described the phases, and reminded the Board of their previous approval to split into Phase 2a and 2b.  They have established a reasonable price structure and have four reservations for lots already.

Motion to release Tri-Party Agreement from the mortgage through Beverly Cooperative Bank made by Randy Clarke and seconded by Tim Kavanagh.  All approved 6-0.

Motion to approve new Tri-Party Agreement between the City, Mr. DiBiase, and Enterprise Bank, located at 222 Merrimack St Lowell MA, 01852, made by Randy Clarke, seconded by Mark George.  All Approved 6-0.

Documents and Exhibits:

  • Tri-Party Agreement between Beverly Cooperative Bank, Paul DiBiase and the City of Salem, dated 4/28/10
  • Release of Tri-Party Agreement between Paul DiBiase, City of Salem and TD Banknorth, dated 5/4/10
  • Tri-Party Agreement between Paul DiBiase, City of Salem and Enterprise Bank, dated 2/3/11
  • Release of Tri-Party Agreement between Paul DiBiase, City of Salem and Beverly Cooperative Bank, dated 2/3/10
Public Hearing: Application of NEW CINGULAR WIRELESS PCS, LLC, d/b/a AT&T MOBILITY for a Wireless Communications Facility Special Permit on the property located at 320 LAFAYETTE STREET, Salem, MA (Map 32, Lot 216).
Frank Kelly, a Zoning Specialist from SAIQ Communications representing AT&T, 22 Key Wadding Drive, Salem, NH stated that AT& T is planning on adding three new antennas to the property located at 320 Lafayette Street.  The original antennas were added in 2006, and were enclosed within stealth elements.  Mr. Puleo asked if the existing photo shows the antennas in the stealth elements that are already on the rooftop.  Mr. Kelly stated that yes, they are proposing to add an additional stealth element to house one of the new antennas, and the other two will be housed within the existing stealth elements.  Ms. Sides asked to be shown where they are planning to add the antennas.  Mr. Kelly showed her on the picture the exact location of the proposed new antennas.  Ms. Sides asked Mr. Kelly to clarify which antennas are existing now and what will be added.  Mr. Kelly said that they are going to install antennas within the current stealth elements, so there will be only one additional box.  Mr. George asked if there will be no effective visual change other than the one new box.  Mr. Kelly answered in the affirmative, to which Mr. George then asked if that will conform with what is there now.  Mr. Kelley said yes.  Mr. Kelley explained that these are going to be exclusively for data transmission for the new 4G service.  The new box will be very low on the rooftop and will not be visible from the ground.  Mr. Puleo asked if there will be a new cabinet going on the roof.  Mr. Kelly said there will be one cabinet in an equipment room on the first floor.  He pulled out the plans to describe to the Board exactly where everything will go.  Mr. Clarke noted that it will have to go in an equipment room and there will not be a visual impact.

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

Danielle McKnight, Staff Planner, asked Mr. Kelly to contact Lt. Erin Griffin from the Fire Department to discuss her questions.  She stated that a condition would be included regarding adhering to the requirements of the Fire Department.  

Motion to close the public hearing made by Randy Clarke, seconded by Mark George. All approved 6-0

Mr. George asked if there have been any studies done on the harmful effects of these types of antennas.  Ms. McKnight stated that after questions arose two years ago, they learned that the Federal Telecommunications Act prohibits municipalities from denying permits based on concerns about health risks; the local planning boards do have a say in visuals.  Mr. Puleo noted that this meets the federal guidelines and doesn’t pose a health risk according to the federal government.  Mr. Ready pointed out that this has come up before and they have deferred to the Board of Health and the Federal Communications Commission, which doesn’t satisfy the public’s concerns, but that is what they have had to do.

Motioned to approve the special permit made by Randy Clarke, seconded by Tim Kavanagh.  All approved 6-0.

Documents & Exhibits:
  • Application date-stamped 12/22/10 and accompanying photographs
Old/New Business
None.

Adjournment
Helen Sides made a motion to adjourn the meeting, seconded by Randy Clarke.  All approved 6-0.  Chuck Puleo adjourned the meeting at 7:47 pm.


Respectfully submitted,
Beth Gerard, Recording Clerk

Approved by the Planning Board 2/17/11