SALEM PLANNING BOARD MEETING MINUTES 7/7/11
A regular meeting of the Salem Planning Board was held on Thursday, July 7, 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, Helen Sides, Randy Clarke, Christine Sullivan, Tim Ready, and Tim Kavanaugh. Also present: Tom Devine, Conservation Agent/Staff Planner, and Beth Gerard, Planning Board Recording Clerk. Absent: Nadine Hanscom.
Chuck Puleo opened the meeting at 7:02 pm.
Approval of Minutes
6/16/11 Planning Board meeting minutes
The minutes from the 6/16/11 meeting will be reviewed at the next meeting.
Continuation of public hearing: Application of PAUL FERRAGAMO for an Amendment to a Definitive Subdivision Plan for 405-419 HIGHLAND AVENUE, Salem, MA (Assessors Map 3, Lots 74, 75, and 76). The amended plan proposes a reconfigured site driveway and associated changes to the dimensions of the lots.
Attorney George Atkins, 59 Federal Street, Salem, representing Paul Ferragamo, stated that the engineering of the site was subject to peer review and they had a meeting last week with the peer reviewer. They are planning on another meeting and expect to have final comments to be presented at the next meeting.
Randy Clarke made a motion to continue to the July 21st meeting, seconded by Mark George. Approved 8-0.
Continuation of public hearing: Application of AL PRIME ENERGY CONSULTANTS, INC for the property located at 175-183 LAFAYETTE ST (Assessors Map 34, Lots 126 & 127), Salem MA. The proposed project includes the demolition of two existing buildings on the site, construction of a convenience store and canopy over three (3) gasoline pumps, and associated parking.
Attachments & Exhibitions:
- Application date-stamped May 26, 2011 and accompanying materials
- “Site Improvement Plan” dated 7/5/11, prepared by Ayoub Engineering
“Site Details,” dated 7/6/11, prepared by Ayoub Engineering
- Photographs submitted by applicant at meeting
- Letter from Taylor Blake, 185 Lafayette St. Unit 4, dated July 7, 2011 and accompanying photographs
Attorney George Atkins, 59 Federal Street, Salem, representing AL Prime, began with a quick summary of the project, which consists of two lots. The lots are currently occupied by a convenience store, office, gas station and garage. The owner has entered into an agreement to purchase 183 Lafayette Street conditioned upon approval of this plan. The agreement does not include the beer and liquor license, and the owner of AL Prime does not have any interest in buying that license. The major change on this project is going from four businesses to two, which will be a gas station and a convenience store. The reconfigured site will remove queuing from Lafayette St. He noted that the Zoning Board requested three gas islands rather than the four they originally designed. The convenience store will not be a
restaurant; it will be a convenience store that sells food products. Construction will allow for replacement of the aging underground tanks, which will also reduce the number of deliveries per week from ten or eleven per week to four or five per week. He noted that there are additional approvals needed to expand the number of gallons of gas the tanks hold. They will add a canopy that will include fire suppression equipment. They plan to talk about changes made to the plans brought about due to the site visit with the Planning Board in June. The building inspector recommended temporary storage for snow that would not become permanent. Mr. Atkins had agreed to meet with the neighbors; however they could not meet prior to this meeting. He did get to meet with another abutter to resolve some issues. Changes to the plan include a new fence and installation of mature trees along the fence, with the hopes that it would be part of the
conditions if this is approved.
Mr. Puleo asked to clarify which property belongs to Mr. Ramsey, an abutter, and Mr. Atkins pointed it out on the plans. Mr. Atkins continued his presentation, stating that they also discussed moving the HVAC unit to the roof and screening it, which Mr. Guba will explain further. Because they were unable to meet with the south side abutters prior to this meeting, they created a five foot strip along the side of the building to plant mature arborvitae. Additionally, they want to address the issue with the dumpster where they will create screening around the dumpster that is higher and wider than what is normally used. One of the other concerns is about the entrance, which they have reduced. They also recommended creating another area for the crosswalk. There was another concern about entry from
Palmer Street, which was enlarged by five feet, which Mr. Guba will present in further detail.
Mr. Puleo asked to clarify the zoning, to which Mr. Atkins explained that these two parcels are designated B-1.
Anthony Guba, 5 Riverbend Circle, Exeter, NH, site engineer, shared the new design with the Board. He began by describing the new fence material. They have added some detail for the fence on the south side around the dumpster. He shared photos of samples of what it may look like with the Board and described the fence for the HVAC equipment on the roof, which will be 8 feet tall. Mr. Puleo asked Mr. Guba to clarify further, to which he explained the location of the fence around the dumpster. Mr. Puleo asked Tom Devine, Conservation Agent/ Staff Planner, to check the entrance corridor requirements, to which Mr. Devine stated that there is a 4 foot height maximum. Mr. Atkins stated that the entrance corridor requirement is 4 feet on the front and side lot lines. Helen Sides asked about how the
building will look and if the fence around the HVAC unit can be of a material that looks less like a fence in order to avoid drawing attention to the screening. She recommended against the white vinyl fence, stating that it won’t weather well and they are not kept clean. Tim Ready stated that he hoped that these issues would be resolved before coming to this meeting. Mark George asked for clarification on the location of the fence, which Mr. Atkins described on the plans.
Mr. Guba continued his presentation in regards to the delivery trucks and parking. He stated that they are expecting that most of the cars will be able to get off of Lafayette Street while they are either waiting for a dispenser or if they are pumping gas. He reiterated that the whole project started in order to get the traffic off of the street and one way they are doing this is by reducing the entrance size. Mr. George asked the pump count, to which they explained they are going from four to six. Christine Sullivan asked how a car will exit the station, to which Mr. Guba drew out the scenario on the plans. She asked about how this will improve exiting from Palmer Street onto Lafayette Street. Mr. Guba explained that they will push the exit back to make it easier to exit onto Palmer Street.
Mr. Atkins stated that one of the other changes on the Palmer Street side is to reduce the exits from two to one, which may allow for another parking space. Mr. Puleo asked Mr. Atkins if they will go before the City Council to make a no parking zone from in front of the exit to the corner of Palmer Street. Mr. Atkins said this is something the Planning Department may want to request of the Council. Devine said he would investigate. Mr. George stated that moving the sidewalk may also improve the pedestrian access.
Issue opened up to the public for comment
David Ramsey, 58 Gregory Island Road, Hamilton, MA, is an abutter who thanks the Board for requesting that the folks at AL Prime meet with him. He stated that there are tremendous safety concerns about the site. He thinks that AL Prime should hire a police detail. He feels that if the driveway is moved then people may park on the corner which will cause chaos. His wife works in the state prison system and they know what walls do to people. This project will devalue his property by creating these higher walls and a canopy. This property has been a junkyard for many years and has been an eyesore. The reason he agreed to the arborvitae on his proeprty is because he doesn’t trust that AL Prime will take care of them, and at least he can water the trees. He stated that there needs to be
a sound barrier. He wants to see the property improved, but not this way.
Linda Moss, 185 Lafayette Street, Salem, wants to clarify that the tentative plans to meet were made based on the new tenant, and once they were able to get in touch with the new owner, then they tried to change the meeting. She is not happy about having a beautiful tree cut down to be replaced by a dumpster. She is not sure how the height of the fence will impact the project and their building. Mr. George stated that when the building that is closest to them comes down, they will get some arborvitae, and asked if this alleviates her concerns. Ms. Moss stated that her concern is about if how construction will impact her building. She stated that she would prefer to let the neighbors on that side of the building comment.
Mr. Puleo asked how they would install new tanks. Mr. Guba stated that they haven’t worked out the geo-technical specifications yet, but they are not expecting ledge. Mr. Atkins also stated that they are going to have to do extensive surveying of the surrounding are prior to this. Ms. Sullivan asked Mr. Atkins to further explain the surveying requirements. Mr. Atkins explained that the insurer will have to survey the area in order to be prepared for future claims.
Taylor Blake, 185 Lafayette Street, Salem, MA, shared some point of view photos from her condominium with the Board. Some of her biggest concerns are that from her bedroom she is going to see a dumpster and vents. Currently there is a large tree shading her bedroom, and she would like that to remain. She would like the vents to be moved. Mr. Puleo asked how far away the vents can be moved. Mr. Guba agreed to evaluate the possibility of relocating the vents. Mr. Puleo asked to clarify the number of vents. Mr. Guba said there is one for gas and one for diesel. Mr. Puleo stated that they looked at the site and they were concerned about the tree and he asked if the tree could stay. Mr. Guba stated that they would have to reconfigure the whole project to keep the tree. Mr. Puleo
asked what type of dumpster will be used. Mr. Guba described the type of dumpster typically used. Mr. Clarke asked Ms. Blake if there was any space on her land to move the tree. She said there is a little bit of land. Ms. Sides recommended that the abutter and the proponent get together to work this out.
Chris Bresnahan, 6 Leblanc Drive, Peabody, father of Taylor Blake, stated that when he looked at the plans that there is a convenience store and a restaurant with seating. He wants to clarify that there are three uses, not two uses as claimed. The Chapter 148 license does not cover flammable storage at 183 Lafayette Street. They are saying it will be 20,000 gallons, and in reality it is 40,000 gallons. He stated that the diesel fuel vent displaces fumes to the two bedrooms of the abutters. Mr. Puleo asked about vapor recovery on the diesel tank, to which Mr. Guba described the venting process specifically for diesel. Mr. Puleo asked how many gallons of diesel are proposed, to which Mr. Guba stated 4000 – 6000 gallons. Mr. Bresnahan continued stating that they don’t have a license
to store this. He also stated that this design is not in character with the rest of the neighborhood and ask that they reconsider the design of the project. He also is concerned about the dumpster containing food waste bringing vermin to the property, which is fairly close to the residential property. He thinks that there must be some other location for this. He feels that the traffic design will not support the amount of traffic that will be utilizing the site. The truck turning lane seems to be inadequate and asks the group to look at that again. The onsite parking seems to be inadequate and recommended the site plan change to have fewer uses or fewer pumps.
Ms. Sullivan asked if the current convenience store sells food, and Mr. Atkins stated that he did not know. She asked to clarify if the dumpster will have a top, to which Mr. Atkins stated that there is a top to the dumpster, but the screening consists of fencing only along the sides.
Mr. Clarke stated that since there will not be a liquor license then there will be less traffic and less people drinking in the immediate area, and that this is a significant improvement.
Polly Wilbert, 7 Cedar Street, Salem, stated that to the best of her knowledge there has never been a dumpster on that site in the 30 years she has lived there. She asked if they have to have a dumpster or can they have a trash room instead. She pointed out that on the other side of the street the property rises so she is concerned about what the roof will look like. She is also concerned about the noise and the buffer. She noted the screening on top of the Public Safety Building at Salem State, and encouraged them to be sympathetic to people across the street. Mr. Puleo asked what the size of the HVAC unit is needed. Mr. Guba stated that it should be about five tons, which is about 30 – 36 inches tall. He said they are not bigger than most residential air conditioning units. Ms.
Sides recommended that they make it as low-profile as possible. Mr. Atkins stated that they will change the fencing and the colors. Mr. Puleo asked if they could look at doing something smaller than a dumpster. Ms. Sides encourages an alternative to the dumpster. Mr. Atkins stated that they would review the dumpster issue.
Candice Harewood, 185 Lafayette Street, Salem, stated that currently the back of the lot is three garages and a parking spot. She asked if they are still thinking of going to 24 hour operation, does that include the convenience store or just the gas station. Mr. Atkins stated that it will be just the gas station that will be open 24 hours. She also asked about the light, to which Mr. Atkins and Mr. Guba described the lighting plan.
David Ramsey asked where the vents may be moved. Mr. Guba that it may be possible to move them slightly further from the abutting residential property.
Mr. Ready clarified that it would be pre-prepared food, not a call-in pizzeria, which Mr. Atkins confirmed. And Mr. Atkins further explained that there will be no table or chairs in the convenience store.
Ms. Moss stated that she is concerned that there will be food.
Ms. Harewood stated that she is concerned that the time expected to be spent in the gas station will be longer than expected and cause people to double park and block them in. She is concerned about noise pollution and that the changes proposed will cause more problems. She asked about the times when gas deliveries will be made. Mr. Atkins said that this has to be worked out. Mr. Puleo reminded the applicant that this has to be done in accordance with city ordinances.
Ms. Wilbert stated that deliveries occur throughout the night. Mr. Atkins stated that his client’s contention is that this won’t increase business; it will just get people off the street.
Mr. Bresnahan stated that there is a significant buffer in front of where the deliveries are taking place currently, and when the site changes, the buffer will be gone. Mr. Puleo asked Mr. Atkins to speak with his client about clarifying the delivery schedule.
Ms. Blake stated that it looks like the tanks could be shifted over away from their property. Mr. Guba stated that they have a limited truck turning radius and the pump is on the driver’s side. They can move the tanks slightly, but it can’t be anything major.
Bonnie Arrata, 185 Lafayette Street, asked if it is a loud process during the gas delivery, because she doesn’t want to be woken up at 3am. Mr. Guba described the process. Ms. Arrata explained that she is abutting more than anybody. Mr. George stated that there will be better traffic flow, fencing, greenery, and a lot of positive things, and wants to be clear that this will be an enhancement. Mr. Atkins stated that before the next Planning Board meeting, Mr. Atkins will meet with the neighbors.
Ms. Harewood noted that they all signed a piece of paper at the last meeting with their contact info and the applicant has not reached out to them.
Randy Clarke made a motion to continue to the July 21st meeting, seconded by Helen Sides. Approved 8-0.
Old/New Business
Adjournment
Helen Sides made a motion to adjourn the meeting, seconded by Christine Sullivan. All approved 8-0. Chuck Puleo adjourned the meeting at 8:47 pm.
Respectfully submitted,
Beth Gerard, Recording Clerk
Approved by the Planning Board 9/29/11
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