SALEM PLANNING BOARD
MEETING MINUTES 1/3/13
A regular meeting of the Salem Planning Board was held on Thursday, January 3, 2013 at 7:00 p.m. in Room 313, Third Floor, at 120 Washington Street, Salem, Massachusetts.
Those present were: Chairman Chuck Puleo, Tim Ready, Randy Clarke, George McCabe, and Helen Sides. Also present were: Frank Taormina, Staff Planner, and Beth Gerard, Planning Board Recording Clerk.
Those absent were: Mark George.
Chairman Puleo opened the meeting at 7:03 pm.
Approval of Minutes
December 20, 2012 Draft Meeting Minutes
Postponed to the next meeting.
Request of STUTZ PLAISTED for release of surety in the amount of $20,000 for STUTZ VOLVO, 309 HIGHLAND AVE.
Attorney John Keilty, 40 Lowell Street, Peabody, MA appeared on behalf of Stutz Volvo. He explained that a man named Joseph Shaker will do business in the same location as a Mazda Car Dealership and the license has transferred to him. He is before the Board tonight to ask for a release of a surety of $20,000. He reviewed the three outstanding issues relative to painting a fence black, removing barb wire from the top of a fence, and installing landscape barrels in front of the building. He further explained that the barbed wire is not down completely as there is still some barbed wire on the rolling gates; however, his client has agreed to remove all of the barbed wire from the site. He stated that they have been in Land Court due to Green Ledge Street (12 foot wide private right-of-way), which has been an ongoing
issue since 2005, and described its location. They are trying to chip away at the issues presented in Land Court, which included a recent judgment that stated that they could not encroach or obstruct access to Green Ledge Street. He stated that they had to remove the stairway between the showrooms and feels that the landscaping barrels will be located in the right-of-way and will likely violate the judgment, as the barrels, once installed, will encroach into the private way and partially obstruct access.
Chairman Puleo noted that there are several new members that were not part of the initial review and approval process, so he took the liberty of giving them a brief overview of the situation. Attorney Keilty stated that there were issues with the neighbors in relation to the landscaped islands after the approval. He stated that Walter Power, previous Chairman, asked them to install a wrought iron fence and they appealed that and won and eventually reached an agreement about installing jersey barriers with fencing on top. At the time the City Solicitor stated that it was a non-jurisdictional matter as Green Ledge Street is a private way, not public. Chairman Puleo continued describing the original decision which included plantings to address aesthetics on the side of the building. Chairman Puleo stated that
the applicant never finished any of the three outstanding issues.
Helen Sides asked if the chain link fence is still in good shape, to which Chairman Puleo said yes, but it was not painted black, as he went to the site recently to check on the outstanding items. The Chairman stated that he thinks that the landscaping barrels on that side of the building were a good compromise. Attorney Keilty said that his client was willing to install the landscaping barrels; however, in light of the recent Land Court judgment he would anticipate that if they tried to put out barrels that it would be challenged by the neighbors who own the private way.
Helen Sides asked if she could look at the approved plan so that she could better understand the situation. Frank Taormina pulled the approved plans, dated October 2000, for the Board.
Randy Clarke asked for clarification on the timeline of releasing the money, stating that once the conditions are satisfied then the Board should release the surety. Chairman Puleo explained the process to the Board.
Helen Sides asked for further clarification of the proposed landscaping on the plan, to which Attorney Keilty and Chairman Puleo described the area in question. Helen Sides said that it feels like the landscaping barrels would be adding something that shouldn’t be added to a small area.
Tim Ready stated that his concerns are that the applicant has made a request to the Planning Board and six years have gone by, yet nothing was completed. He recommended that the applicant return once all the outstanding conditions are met, before the surety is released.
Attorney Keilty stated that he kept the appointment tonight to request that the required landscaping barrels be reconsidered, for reasons previously stated.
Helen Sides recommended that before the Board considers waiving the landscaping barrels, and since the meeting is going to continue, then she would like to see pictures or perhaps visit the site to get a better understanding of the area in question.
Chairman Puleo recommended that they request that the City Solicitor review the issues with respect to the private right of way and whether the Board can place conditions relating to a private way. Frank Taormina asked Mr. Puleo to clarify exactly what he should ask the City Solicitor on behalf of the Board. The Chairman said that they would like to confirm that Green Ledge Street is a private way, and, if that is the case, whether the Board can require a condition for the applicant to install planters on the private way, along the side of the building, even though they would encroach into the private way. Frank Taormina told the Board that he will obtain that answer from the City Solicitor and report back at the next meeting.
Helen Sides asked what parcels are being sold or leased, to which Attorney Keilty described the location of the leased property on the plan. Helen Sides asked about traffic on the site and Chairman Puleo outlined the flow of traffic in and out of the site utilizing Green Ledge Street and noted that all of the service takes place in the rear of the building. He also noted the locations of the adjacent properties that own the private way. Attorney Keilty also gave a brief history of the location and how previous businesses used to access the property.
George McCabe asked who owned the properties, to which Attorney Keilty described the ownership.
Chairman Puleo asked for a motion to continue the matter to the next meeting, Randy Clarke made the motion to continue to January 17, 2013 seconded by Helen Sides and unanimously approved.
Old/New Business
Frank Taormina stated that one Chapter 91 Application for 150 Rear Federal Street was received and one Chapter 91 License for 28 Goodhue Street was issued by MassDEP. The application and the new license were passed around and no questions were asked.
Chairman Puleo asked if there were any further old/new business, there being none he asked for a motion to adjourn.
Adjournment
Randy Clarke made a motion to adjourn the meeting, seconded by George McCabe, unanimously approved. Meeting adjourned at 7:33 pm.
Respectfully submitted,
Beth Gerard, Recording Clerk
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