Skip Navigation
This table is used for column layout.
Approved Minutes 11/17/2011
SALEM PLANNING BOARD MEETING MINUTES 11/17/11

A regular meeting of the Salem Planning Board was held on Thursday, November 17, 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, Lewis Beilman, Nadine Hanscom, Helen Sides, Randy Clarke, Tim Ready, and Tim Kavanagh.  Also present: Danielle McKnight, Staff Planner, and Beth Gerard, Planning Board Recording Clerk.

Chuck Puleo opened the meeting at 7:04 pm.      

Approval of Minutes
November 3, 2011 draft minutes
No comments or corrections were made by the Planning Board members. Randy Clarke motioned to accept the minutes, seconded by Helen Sides. Approved 9-0.

Old/New Business
Request of Ken Steadman for insignificant change to the Dell Street/Witch Hill subdivision: installing asphalt sidewalks in place of cement sidewalks; changing trail material (eliminating gravel and stone dust)

Chuck Puleo recused himself from this matter and left the room.

Attachments & Exhibitions:
  • Planning Board decision dated January 20, 2005
George Atkins, the attorney representing Bartlett and Steadman, reminded Board members of the site which is off of Highland Avenue, called Dell Street; the name of the project is “Witch Hill”.  Danielle McKnight, Staff Planner, asked Mr. Atkins for clarification that this is relating only to the sidewalk and not the granite curbing, to which he responded in the affirmative.  John Moustakis reminded the Board of the original issues and concerns about the sidewalk and curbing material.  

Nadine Hanscom stated that the original concerns about the sidewalk material were related to safety issues, and the fact that the sidewalks would hold up better over time if they were cement.  Mr. Atkins responded that the requirements are not universal across the city and have not been required for all subdivisions.  Tim Ready stated that the decision was controversial due to the request being so different than what had been required of other developers and that the Board members had been divided in their opinions.  He further noted that the Board has not held any other developer to these standards since this decision.  

Mark George asked about the sidewalks around the area of the development.  Mr. Atkins stated that leading up to the development is asphalt.  Helen Sides stated that concrete is more durable as a material, and asphalt looks worse and is cheaper, and heaves over time.  

Ms. McKnight shared the text of the original approval with the Board.  Tim Kavanagh reminded the Board of Osborne Hills, another subdivision in the city that was not required to have concrete sidewalks and he stated that he has no problem with asphalt sidewalks.  He further stated that he could not see why concrete was insisted upon and he doesn’t have an objection other than echoing Ms. Sides’ concerns about aesthetics.  

Mr. Moustakis asked why it has taken so long to construct after the original approval was from 2005.  Mr. Atkins explained the various issues and delays throughout the project.  Mr. Moustakis stated that he was concerned about the time lag.

Randy Clarke stated that Ms. Sides is correct on the durability and aesthetics of the materials, and recommends that the group set a standard for the city going forward.  He thinks the proponent is right in saying that the Board is being hypocritical in setting standards for one developer and not another.  

Ms. Hanscom commented that she wanted to make clear that this is not specific to him and that the proponent agreed to concrete.  Mr. Atkins said that the proponent did agree to it, but with the economy the cost has changed significantly.  

Mr. Ready stated that since 2005 this Board has reviewed many projects with sidewalk requirements and did not enforce this requirement on other projects.  Mr. Moustakis responded that the Board cannot insist on cement sidewalks, but the applicant can agree to it; the Board would not turn down the whole project because of the sidewalk issue.

Mr. George asked for the size of the lots and then asked if this is consistent with the area.  Mr. Steadman answered that asphalt sidewalks – or no sidewalks – are common in the surrounding area.  

Mr. Clarke asked what impact this decision will have on the development.  Mr. Atkins stated that the developer will continue.  Ms. Hanscom stated that she would like to hold them to the original decision, and she felt it had been the right decision.

Mr. George said that he didn’t understand what the issue would be with changing the decision to something that fits with the rest of the area, and eases the developer’s costs.  Mr. Moustakis responded that the point was to make things better for the city going forward.

Mr. Ready commented that time and economics have changed drastically, but to impose a burden on a single developer is not right.  Ms. Hanscom and Ms. Sides disagreed with Mr. Ready.

Tim Kavanagh made a motion that the board consider the change on the sidewalk from concrete to asphalt to be an insignificant change, and to approve it; Mark George seconded.  Approved 5-3 (Kavanagh, Ready, George, Clarke and Beilman in favor; Moustakis, Hanscom and Sides opposed).

Chuck Puleo rejoined the meeting.

Continuation of public hearing: Application of AL PRIME ENERGY CONSULTANTS, INC for the property located at 175-183 LAFAYETTE ST (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 plan revised 11/8/11
  • Drainage Alteration Application dated October 20, 2011

George Atkins, representing AL Prime, stated that they have submitted stormwater management information to the City Engineer, which he had requested.  Mr. Atkins reviewed the new plans including new arborvitae and a new fence on the side which abuts Mr. Ramsey’s property.  Other updates include:

  • Moving the antennae to the southwest corner;  
  • The underground gas tanks have been relocated 10 feet to the north;
  • The dumpster location has been moved 8 feet to the north;  
  • Along the property line there will be 14 arborvitae which will be 10 feet in height;  
  • There will also be an additional 7 arborvitae and be a four-inch caliper oak tree;  
  • A narrowed front entrance on Lafayette Street from 70 feet to 56 feet;  
  • On Palmer Street there is a new 35 foot exit.
Mr. Puleo asked about plantings along the back of the building – are they being eliminated in this plan?  Mr. Atkins stated that there is fencing  on their side, and arborvitae on the other side that Mr. Ramsey, an immediate abutter, will take care of.  The narrow planting bed previously proposed will be eliminated, and this will just be mulch.  Mr. Puleo asked how far down Palmer Street the new concrete sidewalk goes.  Mr. Tony Guba, Ayoub Engineering, 414 Benefit Street, Pawtucket RI, and George Atkins stated that concrete sidewalks would be done in front of the building, and asphalt sidewalks would be installed to match what is currently down Palmer St.  Ms. Hanscom said there is concrete there now.  Mr. Guba says then that they will match what is there now – concrete – on Palmer St.  Mr. Puleo wants it to be noted in the decision.  

Mr. Puleo asked about the area behind the enclosure down to Lafayette Street.  Mr. Guba described the plans, stating that they would replace the fence.  

Ms. Hanscom asked about the new truck turning plan; Mr. Guba described the new plan.  

Issue opened up to the public for comment
David Ramsey, 58 Gregory Island Road, Hamilton, stated that he would rather take care of the trees even though it eats at his property.  He states that he is at the property a lot and there should be some attention paid to the traffic flow, which he thinks is dangerous.  He suggested that AL Prime contribute funds to develop areas in the Point, as a sign of good faith.  

Mr. George asked Mr. Ramsey what he would prefer for green space going forward.  Mr. Ramsey said that he would like the shrubbery, but on their side of the property, not his.

Joey Aia, formerly of 12 Palmer Street, stated that it is already congested and there would be a huge disaster if someone crashed into one of those tanks.  He feels that there is no room for it.  He recommends that the Board think about the kids and the area.

Polly Wilbert, 7 Cedar Street, asked if there will be an air compressor, and if so where; also if there will be a hose for watering the plants; also if the crosswalk will be moved; and asked for clarification on the HVAC screening.  

Linda Locke, owner of 7, 13, and 15 Palmer Street, submitted letters from the residents of 5 Palmer Street demonstrating their opposition to the expansion of this site.  She states that it is a residential area and it is a dangerous area due to the traffic.  She stressed that the kids play in the street, in their driveways.  She feels that these buildings are ugly and the canopies are inappropriate for this residential neighborhood.  She suggested that they put this project on Chestnut Street.  She does not approve of this project, and she is opposed to large trucks coming onto the property.  

Mr. Clarke states that just for clarification purposes, the Planning Board is not putting a gas station anywhere; the proponent is proposing this.

Mr. Moustakis asked about the timing of the fuel deliveries.  Mr. Atkins stated that would be at all times.

Ms. Hanscom asked if there would be fewer deliveries.  Mr. Nasser Buisier, owner of AL Prime, asked if the deliveries would be less frequent due to larger tank capacity; Mr. Buisier said yes – there would be about four deliveries a week.

Priscilla Legault, 15 Palmer Street, stated that she is against the project, and feels that it is a good idea but in a bad area particularly due to the current traffic issues.

Pam Anderson, 488 Shepherd Pond Road, North Andover, stated that owns property on Lafayette, Dow and Cedar Streets, and her tenants will be looking right on this.  The traffic is a real problem.

Mr. George asked how long this has been a commercial site.  Mr. Buisier stated that it has been commercial since the 1920’s.  Ms. Wilbert stated that this used to be a “mom & pop” station, and that was when Marblehead had gas stations.  She said that now they are absorbing the traffic from the closed stations in Marblehead.  There is going to be a dramatic increase in traffic, lighting and pedestrian traffic. She noted that this is completely surrounded by residential property.  

Ms. Hanscom asked for clarification on the operating times.  Mr. Buisier stated that the convenience store would close at 9 pm, but the gas station would stay open 24 hours a day.  Ms. Hanscom asked if the applicant has gone before the City Council for approval of a 24-hour operation.  Mr. Buisier said he has not done that yet.  Ms. Hanscom asked if that doesn’t get approved by the City Council, how will this affect the project and his profitability.  Mr. Buisier stated that this is not about profit, this is about improving safety – there needs to be a presence there 24 hours to prevent theft.

RJ Bilodariya, 8 Danforth Avenue, Woburn, MA, the current owner of Lafayette Market, stated that he has been there for 5 years and noted that they have never had a break-in.  He also suggests to the owner of the gas station that they use four pumps, rather than two, to prevent traffic back-up on the street.  

Mr. Atkins responded to the questions and concerns voiced by those in attendance.  He stated that he respectfully disagrees with Ms. Wilbert - they believe that this will be a very positive change, particularly in the traffic.  He states that is it going to be a safer and cleaner site.  He further states that contrary to the comments this will be an improvement for the site and they have taken into account the recommendations of the neighbors to make it better for them.  

Mr. Guba stated that they haven’t decided exactly where the hose bib is going, but an irrigation system will be in there.  

Mr. Atkins stated that the road is subject to local jurisdiction and they will work with the city to move the crosswalk.  Mr. Puleo reminded Mr. Atkins of the issue previously discussed relating to parking close to the Palmer St./Lafayette St. intersection, and Mr. Atkins said they would call the ward councilor.  Mr. Atkins stated that they are creating a state of the art facility to reduce spills and dangers.

Mr. Ramsey asked for clarification on the beer/alcohol license.  Mr. Atkins said that they are not applying for one, and Mr. Puleo said that it is not under the jurisdiction of the Board.

Ms. Locke said that she wants the Board to understand that if this is approved this will be a detriment to the beautification of the neighborhood.

Mr. Bilodariya asked what happens to the hundreds of signatures that were collected in opposition to the project.  Ms. McKnight explained that it is a permanent part of the record and will stay in the file for the project.  Mr. Ready asked if there is something that hasn’t been addressed.  Mr. Bilodariya stated that he is trying to understand the process, specifically if every voice gets heard.  Mr. Puleo said that the Planning Board is reviewing the project with variances already in place, as granted by the Board of Appeals, and it would have been more effective for the opposition to have been active earlier in the process by attending the Board of Appeals meetings on this project.  Mr. Bilodariya stated that the updating of the property isn’t the issue, it’s how they are doing it.  Mr. Atkins noted that they didn’t sneak through the Board of Appeals – there was a public hearing with notification and proper advertisement.

Mr. Ready made a motion to close the public hearing, seconded by Mark George.  All approved 8-0.  Lewis Beilman abstained.

Mr. Clarke stated that the developer is trying to make the best they can out of very tight quarters.

Mr. George echoed Mr. Clarke’s comments that this is better for everyone around the area.

Mr. Ready stated that this developer has entertained many suggestions, and has made a number of concessions to appease the neighbors.  He thinks the developer has presented a plan that significantly improves the area.

Mr. Puleo asked Mr. Atkins how they would address the HVAC screening.  Mr. Guba stated that the screening comes in many different colors, and they can make it any color.  Ms. Sides stated that she would like to see the physical choices.  Ms. Hanscom asked if this can be assigned to Ms. Sides to make the decision.

Ms. McKnight reviewed the conditions of a draft decision with the Board.  Mr. Puleo asked if they plan to secure the site.  The applicant stated that they would and Ms. McKnight added the appropriate language to the draft decision.  Mr. Clarke recommended adding language related to traffic details during the construction, and Ms. McKnight made a note in the draft decision.   Ms. Hanscom recommended looking at different sign examples and taking that into account that they are doing this in a residential neighborhood.  Mr. Atkins stated that they are looking into it.  Mr. Puleo asked Mr. Guba about the lighting plan to which Mr. Guba explained the change.  Mr. Puleo asked if the only real lighting will be the canopy lighting, and Mr. Guba said yes.

Mr. Atkins stated that the conditions in the decision are enforced by the Building Inspector and if the abutters have any issues, they can be addressed with the Building Inspector.  Mr. Ready also noted that abutters can speak to their ward Councilor about this.

Randy Clarke made a motion approve the decision as reviewed, Mark George seconded.  All approved 8-0.  Lewis Beilman abstained.

Nadine Hanscom left the meeting at 9:05 pm.

Public hearing: Request for a Wireless Communications Facility Special Permit application filed by SPRINT SPECTRUM, LP to allow the replacement of nine (9) existing antennas with nine (9) newer technology antennas and associated equipment on the roof of 40 REAR HIGHLAND AVE, Salem, MA (Map 25, Lot 19).

Attachments & Exhibitions:
  • Application date-stamped 11/2/11 and accompanying materials
David Archambault, agent for Sprint Nextel, stated that Sprint Nextel is upgrading antennas to handle the newer technology.  He said the coverage will not be increased but this will improve the service.  He described where the antennas will be mounted and what they look like.  

Mr. Puleo asked if there was anything additional other than the replacements being added to the roof to which Mr. Archambault responded, no.

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

Randy Clarke made a motion to close the public hearing, seconded by Tim Kavanaugh. All approved 8-0.

Randy Clarke made a motion to approve the applicant’s request to replace nine existing antennas with nine newer technology antennas and the associated equipment on the roof of 40 Rear Highland Avenue, John Moustakis seconded.  All approved 8-0.

Adjournment
Randy Clarke made a motion to adjourn the meeting, seconded by Tim Kavanaugh.  All approved 8-0.  Chuck Puleo adjourned the meeting at 9:14 pm.

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/.  


Respectfully submitted,
Beth Gerard, Recording Clerk

Approved by the Planning Board 12/15/11