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Approved Minutes 7/21/2011
SALEM PLANNING BOARD MEETING MINUTES 7/21/11

A regular meeting of the Salem Planning Board was held on Thursday, July 21, 2011 at 7:00 p.m. in Room 313, Third Floor, at 120 Washington Street, Salem, Massachusetts.

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

Chuck Puleo opened the meeting at 7:01 pm.      

Approval of Minutes
Revision to 6/2/11 approved minutes
Danielle McKnight noted that the roll call vote the Board took should have been added to the minutes when going into Executive Session on 6/2.

Helen Sides made a motion to approve the revisions, seconded by Tim Ready. All approved 7-0

6/16/11 Planning Board meeting minutes
No comments or corrections were made by the Planning Board members. Mark George motioned to accept the minutes, seconded by Randy Clarke. Approved 7-0.  

Public hearing: Waiver from Frontage requirements of the Subdivision Control Law to allow the property located at 66 DERBY STREET (Assessor’s Map 41, Lot 98) to be subdivided into two lots.

Documents & Exhibitions:
  • Application date-stamped 6/29/11 and accompanying materials
  • Plan of Land, 66 Derby St., Salem, Property of Jay Levy, Neal Levy, dated June 27, 2011
  • Photographs of the property

Mark Glovsky, 8 Washington Street, Beverly, MA representing the Trustees of 66 Derby Street Realty Trust stated that the plan for the redevelopment of the property has been approved by the Zoning Board.  The project will convert the property from a two unit building to a single family dwelling.  The second lot will be razed and rebuilt to house a single family structure.  Mr. Glovsky stated that they have adequate frontage on Derby Street, and further noted that there is no problem with vehicular access.  

Mr. Puleo asked if off street parking will be provided.  Mr. Lovesky said yes.

Randy Clarke said he goes by it every day and the improvement will be fantastic.

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

Randy Clarke made a motion to approve the waiver from frontage requirements, Mark George seconded.  All approved 7-0.  The decision is hereby made a part of these minutes.

Form A: Request for endorsement of a plan believed not to require approval to allow the property located at 66 DERBY STREET (Assessor’s Map 41, Lot 98) to be subdivided into two lots.

  • Application date-stamped 6/29/11 and accompanying materials
  • Plan of Land, 66 Derby St., Salem, Property of Jay Levy, Neal Levy, dated June 27, 2011
  • Photographs of the property
Randy Clarke made a motion to approve the plan, Helen Sides seconded.  All approved 7-0.  The decision is hereby made a part of these minutes.

Form A: Request for endorsement of a plan believed not to require approval to allow a portion of property located off of LEGGS HILL ROAD (Salem Assessor’s Map 30, Lot 83, and Marblehead Assessor’s Map 35, Lot 1A) to be subdivided, resulting in four new parcels with frontage on Leggs Hill Road.

Documents & Exhibitions:
  • Application date-stamped 7/13/11
  • Plan of Land, Marblehead/Salem, MA, dated 4/5/11
Attorney Jim Moore, representing the builder, presented the petition.  Mr. George asked who controls this when there are multiple cities involved.  Mr. Puleo explained that both Salem and Marblehead zoning applies to the project, and has to adhere to both Salem and Marblehead frontage requirements.  Mr. Clarke asked to whom the builder will pay taxes, to which Mr. Moore stated both cities.  

Mr. Puleo stated that the issues are if the frontage and square footage of the lot are adequate, to which Ms. McKnight stated that they do comply with those requirements.

Randy Clarke made a motion to approve the plan, seconded by Tim Kavanaugh. All approved 7-0.  The decision is hereby made a part of these minutes.

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.

Documents & Exhibitions:
  • Application date-stamped 4/28/11 and accompanying materials
  • Peer Review letter from Bill Ross, New England Civil Engineering, dated 7/20/11
  • Definitive Subdivision, 405-427 Highland Ave., Salem MA, dated April 20, 2011
Attorney George Atkins, 59 Federal Street, Salem, representing Paul Ferragamo, stated that this is the subdivision that has been seen many times before and the project has been delayed due to the engineering on the site.  They now have a letter from Mr. Ross that Ms. McKnight distributed to the Board.  Mr. Puleo asked if this is finalized, to which Mr. Atkins said yes.  Mr. George asked if this is mostly ledge, to which Mr. Scott  Patrowicz, site engineer, stated that he was correct and described how these changes will improve the site’s drainage.  Mr. Atkins noted that this is a state road, and stated that the state wants the Board’s decision prior to making their decision.  Mr. Puleo asked for clarification on the area of concern.  Mr. Patrowicz explained that this area was along Clarke Avenue and explained their storm drainage plans.  He noted that they are going to replace a pipe, which is something the state will view as an improvement to the site.  Mr. Puleo asked if they were satisfied with the grade and the leveling of the area.  Mr. Patrowicz described the changes further.  Nadine Hanscom asked about the location, to which it was explained that the location is before Wal-Mart.  Mr. George asked what issues the state had initially.  Mr. Atkins explained that it was the location of an intersection.  Mr. Puleo asked about a specific item on the plans, to which Mr. Patrowicz stated it was a fire hydrant.  Mr. Puleo asked if the Fire Department had seen these plans, and Ms. McKnight stated that they did see them, and the Chief did not have any concerns.  Mr. Puleo asked about curbing on the plans and Mr. Patrowicz stated that they are waiting for direction form the state.  Ms. Hanscom asked if all of the recommendations on page 4 of the letter from Bill Ross, Peer Reviewer, have been incorporated.  Mr. Patrowicz went through each of the bullets and explained how they have been incorporated, including showing the drainage calculations to the Board.  Mr. Atkins further stated that the recommendation on the homeowner’s association was included in previous approvals.  Mr. Puleo asked about winter-specific recommendations.  Mr. Patrowicz explained that there are 4-foot sumps to help with that issue.  Mr. Puleo asked if there was something recommended other than sand, to which both Mr. Atkins and Mr. Patrowicz stated no.  Ms. McKnight noted that she misspoke, that there was a comment from the Fire Department to be addressed in regards to sprinkler system testing requirements.  Mr. Atkins stated that they will comply with whatever the codes are.  Mr. Puleo asked about a neighbor in the back who had concerns.  Mr. Atkins said the issues with the gate and fence had been resolved.  Mr. Puleo asked if the whole back of the lots are fenced, and Mr. Patrowicz pointed out the fence on the lots, which is only on lot 20.  

Issue opened up to the public for comment
No one from the audience commented on this issue.

Nadine Hanscom made a motion to close the public hearing, seconded by Helen Sides. All approved 7-0.

Ms. McKnight shared the draft decision with the Board.  Mr. Puleo asked about the Clerk of the Works condition, to which Ms. McKnight explained the condition proposed requires more from a Clerk of the Works than is normally in the standard condition.  Ms. McKnight read draft conditions to the Board.  Scott Patrowicz noted that in Section 11, subsection d, the language should be changed from “3 foot minimum” to “2 foot minimum”.  Mr. Puleo noted that the City Engineer has to give his final endorsement after the Group’s meeting with the state.  Mr. Puleo asked how to address the requirement in section 11, subsection a.  Mr. Atkins stated this issue has not been fully discussed.  He thought that it was felt that it didn’t have a huge impact on the system.  Ms. McKnight stated that she had a conversation with David Knowlton and they discussed coming up with a dollar amount, which would be difficult to obtain if this wasn’t going to be built for a few years.  Mr. Clarke stated that this was something that would have to go through the City Engineer.  Mr. Puleo asked about the section on the timeframe on page 3.  Ms. McKnight stated that she had taken that from previous standard conditions, and Mr. Puleo stated that the regulations had changed.  Mr. Atkins stated that they would be fine with the two-year constraint.

Randy Clarke made a motion to approve the plan, seconded by Tim Ready.  Approved 6-0.  Nadine Hanscom abstained.  The decision is hereby made a part of these minutes.

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. Applicant requests to continue to September 15, 2011.  

George Atkins stated that they haven’t completed the discussions with the neighbors, and the CEO of AL Prime is out of the country.  They would like to present at the September 15th meeting.

Nadine Hanscom made a motion to accept the applicant’s request to continue to September 15, 2011, seconded by Tim Kavanaugh. Approved 7-0.

Old/New Business

Adjournment

Randy Clarke made a motion to adjourn the meeting, seconded by Helen Sides.  All approved 7-0.  Chuck Puleo adjourned the meeting at 8:01 pm.


Respectfully submitted,
Beth Gerard, Recording Clerk

Approved by the Planning Board 9/29/11

For actions where the decisions have not been fully written into these minutes, copies of the decisions have been posted separately by address or project at http://salem.com/Pages/SalemMA_PlanMin/.