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Approved Minutes 4/17/2014
City of Salem Planning Board
Meeting Minutes
Thursday, April 17, 2014

A regularly scheduled meeting of the Salem Planning Board was held on Thursday, April 17, 2014 at 7:00 p.m. in Room 313, Third Floor, at 120 Washington Street, Salem, Massachusetts.

Chairman Puleo opened the meeting at 7:05 pm. ~

Roll Call
Those present were: Chuck Puleo, Chair, Ben Anderson, Kirt Rieder, Tim Ready, Vice Chair, Randy Clarke, Dale Yale, Helen Sides and Bill Griset. Absent: No members were absent.

Also present: Dana Menon, Staff Planner, and Pamela Broderick, Planning Board Recording Clerk. ~

Approval of Minutes
April 3, 2014 Draft Meeting Minutes

Mr. Rieder identified on p7 last paragraph in Old/New Business, reference to lane striping should read on Norman Street adjacent the Post Office.

Mr. Puleo identified on p7, next to last paragraph in Old/New Business, the Fire Department needs to provide a written review indicating they are able to access all buildings on the site at St. Peter’s Street.

Motion and Vote:~Kirt Rieder made a motion to approve the minutes as revised, seconded by Randy Clarke. ~The vote was unanimous with five (5) in favor (Mr. Puleo, Mr. Ready, Mr. Anderson, Mr. Clarke and Mr. Rieder) and none (0) opposed.
Regular Agenda

Item:           Discussion and vote on a recommendation to the City Council regarding the proposed amendments to the City of Salem Zoning Ordinance Section 8.1.2.2 (a) to update Flood Hazard District Boundaries, and Base Flood Elevation and Floodway Data to incorporate the Essex County Flood Insurance Rate Map panels updated on July 16, 2014.  

Members agreed to discuss their recommendation and vote during New Business.



Project:        A public hearing for a waiver from the frontage requirements of the Subdivision Control Law to allow the creation of two lots, each with less than the required minimum frontage. Also an application for endorsement of a plan believed not to require approval under Subdivision Control (ANR).

Applicant:      peter K Hantzopoulos
Location:       13 Cherry Hill Avenue (Map 14, Lot 225)

Attorney John Keilty 40 Lowell St, Peabody, presented on behalf of the applicant. Atty Keilty advised that the Zoning Board of Appeals has issued a decision; the applicant is now seeking a waiver from the minimum frontage requirement and signed approval of the ANR site plan.

Atty Keilty provided a brief history of the site and circumstances behind the variance. Applicant bought the site about 40+ years ago. The property remained in one name, zone changes occurred. Originally there were three lots purchased in the 1960s that were formally merged into one lot. The applicant was issued a variance to sub-divide again, creating two lots. All 3 original lots are bigger than most lots on Cherry Hill Avenue; most of which were developed based on a 1928 site plan predominately 5,000 sf. The applicant’s proposed two lots are in excess of 11,000 sf. Zoning Board of Appeals has approved their requested variances; applicant is now before the Planning Board with a request for a frontage waiver and approval of the ANR site plan.

Mr. Puleo clarified the proposed plan is for 3 lots becoming 2 lots more or less evenly split.  Atty Kelty confirmed. Mr. Puleo observed there were no restrictions placed on the variances by the Zoning Board of Appeals; Atty Keilty confirmed.

Mr. Ready suggested the Chair open for public comment.

Chairman Puleo opened the hearing to the public for comment:

Teasie Riley Goggins, 9 Wisteria Street asked where is Cherry Hill Avenue and where are these lots located? Atty Kelty advised access is from Highland Avenue in the Witchcraft Heights neighborhood.

Motion and Vote:~Tim Ready made a motion to close the public hearing, seconded by Ben Anderson. The vote was unanimous with eight (8) in favor (Mr. Puleo, Mr. Ready, Ms. Yale, Mr. Anderson, Mr. Griset, Ms. Sides, Mr. Clarke and Mr. Rieder) and none (0) opposed.

Motion and Vote:~~Randy Clarke made a motion to approve the waiver from frontage special permit request and approve the site plan ANR, seconded by Kirt Rieder. The vote was unanimous with eight (8) in favor (Mr. Puleo, Mr. Ready, Mr. Anderson, Ms. Yale, Mr. Clarke, Ms. Sides, Mr. Griset and Mr. Rieder) and none (0) opposed. The decision is hereby incorporated and made a part of these minutes.



Project:        A public hearing for a petition requesting a Planned Unit Development Special Permit, Site Plan Review, and a Flood Hazard District Special Permit for the demolition of the existing Marina Building and the redevelopment of that site to include an expansion of the existing Salem Waterfront Hotel & Suites with associated parking and landscaping, and off-site parking at 13-15 Herbert Street and 25 Peabody Street.

Applicant: ~~~~~        THE SALEM WATERRONT HOTEL & SUITES, LLC
                   Locations: ~~~~~    19 Congress St (Map 34, Lot 489); 23 Congress St (Map 34, Lot 447);
223-231 Derby St (Map 34, Lot 446; 235 Derby St (Map 34, Lot 445);
Congress St (Map 34, Lot 408); 13-15 Herbert St (map 35, Lot 321);
25 Peabody St (Map 34, Lot 436); The Remaining land of Pickering Wharf Condominium Trust (Map 34, Lot 408)
        
Documents and Exhibitions: Slide presentation of Phase 2 of Salem Waterfront Hotel

Attorney Joseph Correnti, 63 Federal Street, presented on behalf of the applicant. Atty Correnti provided an introduction reminding the board a Phase 2 of this development was referenced during Phase 1 presentations and permit approval in 1999. The Phase 1 plan decision specifically referenced Phase 2 to be developed. He emphasized this is an overview of Phase 2, covering development on a portion of Pickering Wharf. Phase 2 involves more than the addition of hotel rooms, offering mixed use to maximize utility and value of the associated parcels encompassing approximately 87,000 sf. The project will add new marina facilities, a restaurant, residences and a conference center. The presentation will show where the adjacent parking is located and how it supports Phase 2.

Team Introductions:
Michael Rockett, President of Salem Waterfront Hotel & Suites
Tony Sasso, Project Manager at the hotel
Scott Patrowicz, tyle="font-family:Calibri;font-size:8pt;color:#000000;">Aerial photo of the PUD area used to identify:
  • Old marina building to be demolished and adjacent parking on the waterfront is where the new building will be constructed.
  • Existing Eastern Bank remains.
  • Existing hotel parking lot will remain and will be expanded.
  • Existing parking lot south of Congress Street Bridge remains; it is currently very under-utilized.
  • Identified location of Herbert St and the lot location which is available to the Pickering Wharf entities and will be utilized; it is a short walk from the existing hotel. Mr. Puleo asked if this lot is currently utilized for this? Atty Correnti affirmed it is.
  • Mr. Patrowicz reviewed the next slide, a drawing of existing conditions. He pointed out key buildings (existing marina, South River, Finz Restaurant, existing hotel, Eastern Bank, Pickering Wharf shops and existing condos with their parking) and surrounding streets. Slide 3 shows PUD site area. The underlying zoning for the wharf is B5, this lot eligible for B5 and PUD treatment:
  • PUD area has 3 main structures on 6 parcels of land; each parcel has interior lot lines. It is significantly more efficient and simpler to treat the PUD as one area rather than submit a complex set of individual requests for relief that could be required by the varied lots/parcels.
  • Access to streets and utilities across the PUD area are all shared. The developer is treating this as one entity which allows for a more uniform treatment of landscaping and design across the PUD.
  • Mr. Puleo asked if the original hotel building was a PUD? Atty Correnti advised no, it was it was a Site Plan Review for a B5, parcel (parcel 1A). Eastern Bank is a separate parcel and a tenant of Pickering Wharf.
  • Atty Correnti resumed the presentation and advised that PUD ordinance requirements are met. The developer believes they meet both the letter and spirit of PUD requirements:
Square footage (site area of 87,832 sf meets requirements, minimum 60,000 sf)
Mixture of uses (hotel, residential, bank, marina and retail)
Underlying zoning needs to be eligible; B5 zone is eligible for PUD.
Meets height limitation of B5 zone (70 ft); new hotel wing proposed to be 69 ft (existing hotel is 63 ft)
  • Mr. Puleo asked if the existing hotel height includes the cupola? Atty Correnti advised no, the cupola may not be counted to meet zoning height requirements. There was lengthy discussion regarding the roof line and dormers of the existing hotel during the site review.
Mr. Patrowicz took over the presentation to review utilities, significant improvements include:
  • Extending the water main to create a looped system which will improve water pressure and flow for the entire complex.
  • Storm scepter will be installed to handle oils/greases from parking lot; catch basins will be deep-sup stations with hoods.
  • New building will replace dirty parking lot water for roof water (cleaner).
  • Utilize an existing private drain line out-falling to an existing discharge point; eliminates a point discharge into the South River.
  • Sewer will utilize existing main which was planned in 1999, feeds into the main trunk line.
Board follow-up questions and discussions regarding proposed changes to utilities:
  • Mr. Puleo asked about existing seawall, anything needs to be done? Mr. Patrowicz showed location of old granite wall and sheet pile wall which will stay. An extension of the harbor walkway (Harbor Plan) will be added over the sheet pile wall, and will be reviewed later by the architect. Mr. Puleo summarized there no proposed reconstruction of seawall. Mr. Patrowicz affirmed this is correct.
  • Mr. Clarke asked about discharge point, route was shown by Mr. Patrowicz using the drawings. The existing catch basin in parking lot that drains through the sheet pile wall is being removed. Mr. Clarke pointed out a specific intersection which floods regularly.
  • Mr. Sasso advised the specific location of the flood problem is Union Street and city property. City Council recently voted 11-0 in favor ofdiscontinuing this portion of Union Street to enable the developer to purchase.  It’s outside the PUD, must be fixed once it becomes part of Pickering Wharf. Atty Correnti and Mr. Sasso affirmed that once this part of Union Street becomes private property the owner will fix the problem.
  • Atty Correnti concluded the utilities portion of the presentation. The developer is also going to the Conservation Commission as part of permitting process to seek an order of conditions.
  • Mr. Patrowicz observed it is all impervious surface now, the proposed plan adds a small amount of landscaping which will help. Roof runoff instead of parking lot storm water will also help storm water management.
  • Atty Correnti mentioned the Harbor Plan contemplates construction of this building (new proposed hotel building) on this site with this configuration, and accounts for it in the harbor plan. The applicant is not presenting any new development here that hasn’t been seen and previously referenced.
Kim Hazarvartian, Traffic Consultant fromf TEPP LLP, Salem, NH, continued the presentation, advising the firm had looked at current circulation, parking and traffic. He described the existing conditions that will change:
  • Two-way driveway at Congress St becomes one-way inbound (excepting limited use for outbound from Eastern Bank drive-thru), continuing to Wharf Road and Union St as a one-way street.
  • Two-way on Derby Street west of the existing hotel stays a two-day driveway.
  • Current access driveway inbound from Derby St becomes outbound (east of the existing hotel)
Board follow-up questions and discussions regarding proposed changes to traffic flow:
  • Mr. Rieder asked if drivers will still be able to drive on the east side of Eastern Bank (drive-thru teller) and turn left onto Congress St. the Traffic Consultant affirmed yes.
  • Mr. Clarke advised that current practice by hotel staff is to provide staff to control the driveway in front of the hotel onto Derby St, limiting use to outbound only and blocks non-hotel people from using this entrance. Mr. Sasso stated this practice has been discontinued; advised the Fire Department does not allow it.
  • General discussion acknowledged the difference between hard construction and operational usage.
  • Mr. Puleo asked Mr. Hazarvartian to describe traffic flow to new building:
  • Consultant advised this is an operational question.
  • Mr. Sasso explained; main lobby moves to front of new building (no longer existing building) with a drop off area in front. Inbound traffic will enter from Congress or Derby St and flows to new drop-off area. Self-park available at 83+14 spaces. Becomes an operational issue if there is a large event, valet parking will be offered based on expected volume. Hotel will use golf carts to ferry hotel guests to/from non-contiguous lots on Herbert Street and across the Congress Street bridge.
  • Ms. Yale asked to know the capacity of the planned convention/conference center. Mr. Sasso advised 300 guests.
  • Mr. Rieder asked for clarification regarding cross-hatched area on drawings near the new hotel entrance. Mr. Sasso advised this is valet only. An additional 14 spots will be created in front of the existing hotel building when the portcochere is demolished.
  • Mr. Griset asked for clarification on the golf cart usage—are they being used on public streets? Mr. Sasso confirmed yes, they have license plates (registered and insured). The hotel currently has 2 carts. Pickering Wharf has 157 spaces at South Congress Street location with the ability to move guests via golf carts.
  • Mr. Clarke clarified that every car must exit onto Derby St unless they sneak through Eastern Bank drive-thru. Mr. Sasso affirmed this is correct.
  • Mr. Clarke recommended the applicant provide firm counts on current flows (in/outbound) on both the Congress St driveway and Derby St driveway.
  • Mr. Hazarvartian offered the opinion that the overall site flow will not have much change in overall traffic numbers, only a shift in circulation.
Mr. Clarke noted that the overall volume may not change significantly but in such a congested urban area, there will be significant impact on traffic flow at a major downtown intersection (Congress & Derby Sts) depending on the in/out flows to the site.
  • Mr. Puleo asked how many spaces in South Congress St parking lot, pointed out not all are usable at this time. Mr. Sasso advised there are 157 spaces there, some spaces temporarily unavailable because the lot is currently under-utilized. There are an additional 39 spaces at the Herbert St lot. 14 existing spaces will be demolished to make way for the new building, and 14 added back to hotel area (when portcochere demolished).
  • Ms. Sides asked to know Eastern Bank parking capacity as this is a very busy bank that regularly exceeds their allotted parking. Mr. Sasso advised there will be 3 regular spaces and 1 handicapped space in front of the bank, reducing their handicapped from 2 to 1 space based on an analysis. Their lease is limited to 4 spaces. Mr. Rieder asked where the closest handicapped spaces are located in relation to the hotel. Mr. Hazarvartian advised there are 4 public spaces at the corner adjacent the hotel.
Mr. Hazarvartian resumed presentation with a slide to highlight parking: 281 total spaces:
157 at South Congress Street lot
85 adjacent the hotel
39 at Herbert Street lot
  • Mr. Clarke stated the Board and the public need a full traffic analysis of this project. This presentation is incomplete and does not present all the needed facts of current circulation at this very important intersection.
Mr. Hazarvartian continued presentation with a slide showing the Congress/Derby intersection photo to demonstrate recent improvements to the intersection:
  • Signalized and right-turn lane added from South Congress onto Derby St.
  • Trip generation calculations done to compare the existing conditions and traffic generated by the new buildings. The numbers were low; leading him to conclude that because the area is largely built-up already; traffic conditions will not notably change.
Board follow-up questions and discussions regarding proposed changes to traffic flow:
  • Mr. Puleo suggested traffic metrics for the existing residences and the impact of adding more residences are a factor for consideration.
  • Mr. Rieder agreed with Mr. Clarke’s request—the overall volume may appear below a statistical threshold requiring a full traffic analysis, but for those who live here this is a hot spot and a major intersection that affects Salem residents and residents of adjacent communities who use travel through this intersection daily.
Architect Steven Vincent of SMMA continued the presentation to provide a broad overview of the new building plan and program. The siting of the building was determined a number of years ago with the permitting of Phase 1.  The new building program has 4 elements: restaurant, function space, hotel rooms and residences. Public space on floors 1-2 (restaurant/bar/kitchen, lobby and residential entry for residences); hotel rooms on floors 3-4, and residences will be located on floors 5-6. Social functions will be a strong business driver. The new hotel will be positioned as an upscale boutique social facility. Massing is more articulated and descriptive to signal upscale. A rendering from the bridge (SE view) shows a gateway/turret as part of Harborwalk Plan, which will include art installations. Restaurant will include an outdoor dining terrace to activate the Harborwalk. The ballroom will be located on the 2nd floor with views of the water. Mr. Vincent described the first floor: the lobby looks toward Eastern Bank with larger more contemporary windows on this floor. There will be some transparency from the lobby through to the water. Marina services will also be located on the first floor.

Board follow-up questions and discussions regarding overall architecture and building program:
  • Mr. Puleo asked what function will occupy the first floor at the Congress Street end? Mr. Vincent advised this will be the residential entry and mechanical. Mr. Puleo observed the view of the water/boats from the downtown/Derby Street/Congress Street bridge perspectives will be blocked by the proposed building footprint.
  • Mr. Puleo asked if the existing marina access remains. Mr. Vicent affirmed yes, noting there is a grade change along the waterside from the Congress Street Bridge to Finz Bar & Grille. Prompted by Mr. Puleo he confirmed the Harborwalk extension will connect to the existing walk adjacent to the Finz location continuing to the Congress Street Bridge.
  • Mr. Clarke asked about a lighting plan and was advised it will be presented at future appearances before the Board. He expressed a concern that the existing Harborwalk from Finz to Capt’s Bar & Grille is very poorly lit and maintained.
Mr. Vincent continued the architectural overview with a rendering of the North Elevation. This view of the entrance/front facade shows a symmetrical building, contemporary windows, cementitious clapboard, dormers and cupola. A South Elevation rendering shows the terrace on first floor for outdoor dining. Mr. Vincent next presented a rendering of the East Elevation (Pickering Wharf) showing the bridge to the existing hotel (from NE corner of new building). The east end is the service entry for building. The Fire Department has indicated a 12-ft clearance is required under the bridge connector, which has been accommodated. A North Elevation rendering shows the residence entry.

Board follow-up questions and discussions regarding overall architecture and building program:
  • Ms. Yale asked about use of existing building lobby, bar and smaller function rooms. Mr. Vincent confirmed the smaller function rooms will remain. Decisions have not been made about how best to utilize the lobby space and existing bar.
  • Mr. Anderson for the routing of hotel deliveries to the east end of the building—will they be routed from Congress Street or Derby Street? He pointed out the 12-ft bridge clearance may not be adequate for box trucks.  Mr. Vincent agreed this issue should be explored.
  • Mr. Anderson asked if the satellite parking lots are within 400-ft of the existing facility? Mr. Vincent advised they will check.
Atty Correnti recapped the presentation by summarizing the program for the new building comprised of 6 floors: floors 5-6 residential (14 units), hotels rooms on floors 3-4 (32 units), and public space on floors 1-2.

Ms. Menon provided a brief summary of the comments to date received from various City of Salem departments:
  • Police and Building Departments both identified hours of construction operations are in conflict with ordinance.
  • Conservation agent advised a letter of conditions is required from the Conservation Commission.
  • Engineering Department has requested: a traffic study, peer reviewed civil engineering plan and a storm water management plan.
Chairman Puleo opened the hearing to the public for comment.
Barbara Warren, 5 Hardy Street, Salem—agrees a traffic study needs to be done. The regular deadlock that occurs in the Wharf loop is already a problem. Old marina building is currently used for storage—what provision has been made for these items? Will there be a loading place on Congress Street for residents of the building? Would like to see more clearly how the dining terrace interacts with the Harborwalk. The City should ask the developer to improve the Harborwalk around the entire Pickering Wharf site as the lighting is very poor and it has not been maintined. The Harbowalk must be maintained and clearly available to people. This new building really shuts off views of the water for everyone except those in the hotel or on the water. Expressed concern that service trucks using the east side adjacent to existing condo owners will create noise problems.

Jim Treadwell 36 Felt St, Salem—attended MEPA meeting last winter (late ’13). Does this project take into account the consequences of decisions taken by this entity? He advised the dead parking spaces in the Congress Street parking lot were mentioned. The rest facilities available to the public in the existing hotel lobby satisfy a Chapter 91 requirement. Presumably this requirement will continue to apply when the lobby is relocated to the new building. Asked that Atty Correnti please bring us current on MEPA permitting as it applies to this project.
  • Susan St Pierre advised this project has been through the MEPA process and received a certificate with no conditions.
Mr. Treadwell also observed the Herbert Street lot is in a residential area and must meet requirements.   Atty Correnti advised they will check the zone for this lot.

Teasie Reily Goggin, 9 Wisteria Street, Salem—noted the bridge tender shack on the south side of the Congress Street Bridge is historic, are there plans to leave it?  Atty Correnti advised the tender shack site is not part of Pickering Wharf so it is not affected by this project.

Mr. Puleo agreed the public question about loading for residence owners is a point that should be addressed. Atty Correnti agreed it would be covered in the next appearance before the Planning Board.

Mr. Puleo summarized that addition city department views are still pending: Fire Department, engineering is waiting for a peer review and a formal traffic analysis. Mr. Clarke pointed out that the traffic analysis needs to be detailed including counts, date/time data collected, etc.

Motion and Vote:~~Tim Ready  made a motion to continue the public hearing to May 1, 2014, seconded by Helen Sides. ~The vote was unanimous with eight(8) in favor (Mr. Puleo, Mr. Ready, Mr. Anderson, Mr. Clarke, Ms.Yale, Mr. Griset, Ms. Sides and Mr. Rieder) and none (0) opposed.


Project:                     A public hearing for Site Plan Review of the proposed redevelopment of the existing building, formerly used as a medical office, into 8 residential units, with associated parking and landscaping.

Applicant:          ROBERT WILLWERTH
Location:           107 HIGHLAND AVENUE (Map 14, Lot 198)

Documents and Exhibitions: Photographs of existing site and abutters

Attorney Scott Grover, 27 Congress Street, presented for applicant Mr. Willwerth who has an agreement to purchase the property. Atty Grover referenced a photo display to show location of the site near Salem hospital and provide an overview for the Board. Previously a very busy medical practice, there is no active practice now and photos illustrate the neglect. The property is on its way to becoming an eyesore on a prominent road. The property is approximately 17,000-sf with an estimated 15,000-sf of impervious surface (parking/building).  The applicant wants to convert the site back to residential use (R1 zoning) and construct eight (8) one-bedroom condominium units (including walkout basement). Building exterior will remain much the same as it appears with upgraded windows and doors to provide a more residential appearance. Two exterior changes are planned; add dormers on backside of the building and add decks to utilize the upper floors of building. The most dramatic proposed change to the site is to eliminate paving around the perimeter of the site and create a vegetative perimeter. The plan proposes 16 parking spaces, 2 per unit. Atty Grover also noted the applicants has held several meetings with neighbors/abutters to present proposed changes, and taken their input into account.

Mr. Puleo asked Atty Grover to review for the Board the applicant’s appearance before the Zoning Board of Appeals. Atty Grover explained the applicant needed a special permit to change use from commercial non-conforming use to residential non-conforming use. The Zoning Board decided in favor of this change.  A second area of relief was needed for the dormer; because zoning ordinance measures height by both feet and number of stories with a 35-ft maximum in this zone. The building height is within requirements, but the addition of the dormer is considered a change to the number of stories. The Zoning Board of Appeals issued one decision in favor on both requests. No appeals have been filed, although the vote is still within the appeals period. A favorable decision from the Planning Board must make any approval conditional upon no appeals.

Mr. Puleo confirmed the project provides more parking than required 16 vs 12 spaces. Atty Grover affirmed. Mr. Puleo asked for a description of the proposed traffic flow. Atty Grover responded the applicant is very open to Board suggestions; the existing two curb cuts are quite wide. Mr. Puleo observed the northerly curb cut is on a steep grade; visibility to exit crossing traffic could be challenging.

Mr. Puleo asked if there is proposed parking lot lighting. Mr. Willwerth responded the current plan is to light from the building. Mr. Puleo asked if they would be able to light the corners of the lot for safety reasons. Mr. Willwerth affirmed yes. Mr. Rieder observed it is challenging to minimize impact on neighbors with building-mounted lighting. Recommended they supplement with pole-mounted lighting.

Atty Grover indicated where trash disposal would be located and trash will utilize barrels rather than the existing dumpster. This decision made based on input from the neighbors who objected to the dumpster. The location of the site on an entrance corridor requires this area be enclosed. Ms. Sides recommended the applicant review the converted Bowditch School building on Flint Street as an excellent example of how to treat enclosed trash space. Whatever program is decided will be enforceable as the ownership will be a condominium (vs. apartments).

Ms. Sides and Mr. Rieder asked the applicant to describe the new dimensions of the parking and travel area.  Jim McDowell of Eastern Land Survey (project consultant) replied the plan is for 22-ft wide travel lane which allows 2-way traffic circulation. Spaces are 19-ft. Mr. Rieder asked if the Fire Department made any comments regarding these dimensions. Ms. Menon reported the Fire Department is concerned the plan does not address snow removal/storage, but made no comment on maneuvering through the site.

Mr. McDowell addressed several concerns raised so far, and provided more details regarding the site plan:
  • The landscape plan provides for low-spreading juniper which can take a snow load on the vegetative perimeter.
  • The developer has agreed to add light bollards in parking lot corners.
  • Utilities provided via existing water service off Highland Ave. The project will add a separate line for sprinkler system; 2-inch is all that is required.
  • Interior plumbing will be adjusted to accommodate domestic service.
  • Easement is on record for access to existing sewer line, which will be inspected. It is large enough to handle 8 units.
  • Two catch basins for parking lot drainage need attention due to lack of maintenance. Will clean/repair as needed.
Mr. Puleo asked if there is a drainage problem in the area after the drainage line/culvert work near Salem Hospital was done. City Engineering Department has issued a letter with several requirements which was read into the record by Ms. Menon.  Mr. Puleo advised Engineering Department requirements are conditions for any favorable decision, plus repairs as needed to the sewer lines and catch basins.

Ms. Sides asked the applicant to confirm no exterior stairs are planned for the building. Mr. Grover affirmed that is correct, no exterior stairs. Ms. Sides and Mr. Anderson both asked to know the proposed exterior materials.  Mr. Willwerth advised the property is currently clad in vinyl siding which will be removed. The hope is to find clapboard siding underneath, then scrape/paint. The Board explored several more details with Mr. Willwerth who affirmed:
  • Mr. Willwerth’s intention is to end up with a painted clapboard building.
  • The plan includes clean-up of sofits/eaves; they hope to restore much of the period trim detail.
  • The only windows scheduled for replacement are the big picture windows on the front side, first floor. Other windows are replacement vinyl windows which will remain. Until they remove the vinyl siding and aluminum trim they do not know how much replacement work will be needed.
  • Entry way will be reconstructed and spruced up to provide a more residential feel.
  • Mr. Anderson expressed a concern that some of the architectural detail will be lost if substantial replacement is needed. This site is on an entrance corridor which has a set of specific requirements whose spirit is intended to preserve our architectural heritage.
  • Mr. Ready asked to know the year of original construction; Mr. Willwerth believes it to be the 1900-1910 period.
  • Mr. Anderson asked when floorplans (simple) will be available; Mr. Willwerth advised about 2.5 weeks from now.
Mr. Rieder explored details of the landscape plan, with a favorable comment for the reduction of impervious surface. He noted the planned landscaping is too sparse for the size of the space; and the drawing is overly optimistic of growth. He recommended the developer swap out dogwoods and add shade trees in front of building which will provide cooling to the building and a better sound buffer. Atty Grover replied the developer is very appreciative of and open to board suggestions as the scale of project is not large enough for major landscaping design work. They have recently modified the plan to add shade trees to east property line to provide meaningful screening for neighbors. Mr. Rieder recommended more small trees that will grow rather than just a couple of bigger trees.

Mr. Puleo asked to know the materials of the existing fence and proposed changes. Mr. Willwerth replied the existing fence will be replaced and extended (based on discussions to date with neighbors); the applicant is working with the neighbors to determine a joint solution.

Mr. Puleo asked to know the location of outside condensers/mechanical; Mr. Willwerth confirmed yes, there will be 8 HVAC units placement is still to be determined.

Mr. Anderson requested the applicant return with more details as the current plan not specific enough for The Planning Board to make a decision. Please check overlay district requirements and address in your submission.

The Board generally agreed the site plan needs to be updated to include:
  • site elevations that note the materials
  • parking/circulation plan with entries/exits explained
  • basic floorplan that enables the Board to evaluate the resident spaces
  • Atty Grover noted that site plan review does not typically include floorplan approval. The Board clarified construction drawings are not required, just a rough layout.
  • light fixture cuts
  • landscape plan that specifies type of fencing and plant materials
  • HVAC placement
  • Overlay district requirements
The Board appreciates the timing but cannot issue a decision without more detail.

Ms. Menon read into the record a letter from George Milowe, MD, officed at 90 Highland Avenue, against any conversion to residential use.

Chairman Puleo opened the hearing to the public for comment.
John Lunt, 6 Greenway Road, Salem—abutter, spoke in favor of the project and made the following observations: traffic volume may actually decrease from levels when a busy medical practice was located in the building, current lighting from the building is adequate and not overly disruptive for neighbors. This project is a good fit for the neighborhood.

Stan Porrier, 8 Cottage Street, Salem—abutter, spoke in favor in the project and made the following observations: emphasized the R1 zoning should remain in place for this neighborhood, he supports the proposed improvements to the existing fence across his property line.

Jim Treadwell, 36 Felts, Salem—requested the developer check entrance corridor requirements regarding landscaping.

Teasie Riley Goggin, 9 Wisteria Street, Salem—spoke in favor of the project and inquired if there is a time limit for applicant to receive permit based on financing requirements. Atty Grover advised  the purchase/sale agreement has already been extended due to Zoning Board of Appeals process; doesn’t know if further extension will be possible.

The Chair advised the applicant the planning staff will provide a list of what is needed to provide a fuller presentation and potentially get a decision at the May 1, 2014, Planning Board meeting.

Motion and Vote:~~Mr. Clarke made a motion to continue the public hearing to May 1, 2014, seconded by Mr. Griset. ~The vote was unanimous with eight (8) in favor (Mr. Puleo, Mr. Ready, Mr. Anderson, Mr. Clarke, Ms. Sides, Ms. Yale, Mr. Griset and Mr. Rieder) and none (0) opposed.



Chairman Chuck Puleo directed the Planning Board to take up the issue of a recommendation to the City Council regarding the pending ordinance change based on the Essex County Flood Insurance Rate Map panels to be updated on July 16, 2014; previously introduced as the first agenda item and moved to New Business.

Mr. Clarke asked if the issue for the Planning Board is to provide a recommendation to the City Council to accept (or not) the language as stated in the proposed ordinance. Chairman Puleo affirmed.

Mr. Puleo called attention to a recommendation from staff that the proposed Ordinance be supported because  a failure to adopt the new flood plain management regulations recommendation, would result in the city of Salem being suspended from the National Flood Insurance Program, with the result that owners would not be able to purchase NFIP insurance policies and existing policies would not be renewed. The end result would be a lack of protection for Salem property owners.

Ms. Yale shared with the Planning Board members a key concern that has been discussed at various meetings on this issue—how will property owners learn they are now in the flood plain? She encouraged the Planning Board recommend to the City Council  newspaper notices be published to alert the public as a result of any action they take to amend the local zoning ordinance to incorporate the new maps.

Mr. Griset voiced a common concern that the City is being asked to approve the adoption of a map that has not been finalized. What if FEMA makes changes after Salem has modified its ordinance and by perforce the City adopts whatever map is ultimately issued on July 16, 2014.  Is the City being asked to essentially sign a blank check? After group discussion, the Board concluded this is an awkward timing issue in coordinating federal/state/local government, but that a failure to act is the real risk.

Mr. Anderson indicated letter from Mayor Driscoll’s office advised no changes have been made to the proposed maps so far and none expected.

Mr. Ready suggested the Planning Board recommendation letter to City Council include the request that Council ensure maximum distribution of the information to Salem residents regarding the newly issued maps.

Motion and Vote:~Mr. Clarke~made a motion that the Planning Board issue a recommendation to the Salem City Council~to support the language in the amendment to the City of Salem Zoning Ordinance Section 8.1.2.2 (a), to update Flood Hazard District Boundaries, and Base Flood Elevation and Floodway Data~to incorporate the Essex County Flood Insurance Rate Map panels updated on July 16, 2014, and that said letter include a request that Council ensure maximum distribution of the information to Salem residents regarding the newly issued maps,~seconded~by Ms. Yale. The vote was unanimous with eight (8) in favor (Mr. Puleo, Mr. Ready, Mr. Anderson, Mr. Clarke, Ms. Sides, Ms. Yale, Mr. Griset and Mr. Rieder) and none (0) opposed.


Project:        Continuation of the public hearing for a petition requesting Site Plan Review and a Flood Hazard District Special Permit, for the proposed redevelopment of the former Flynntan site into a medical office building, with associated parking, landscaping, and demolition of existing buildings.

Applicant: ~~~~~        DHM REALTY TRUST/PEDIATRIC ASSOCIATES OF GREATER SALEM, INC.
                   Location: ~~~~~     70-92 ½ Boston St (Map 15, Lot 299; Map 16, Lot 139)
        
Documents and Exhibitions: Additional renderings on slide show.

Attorney Joseph Correnti, 63 Federal Street, presented on behalf of the applicant, introduced and provided an overview of what will be covered at this meeting. Peer review is ongoing (civil engineering  and traffic peer reviews in progress simultaneously).  The project has been to DRB (Design Review Board) Romeo Moreira of Perkins +Will Architects will provide the update assisted by Alan Buie. They have incorporated Planning Board comments from past meetings including public comments. This presentation addresses some of the Board’s questions.

Allen Buie reviewed revised site layout and recapped the layout of site: public/visitor parking surface lot and the main entrance is still accessed from Boston Street, staff parking and entrance accessed from Goodhue Street, garden walls organize the landscaping and respite garden. He acknowledged previous comments on tree locations which are now situated at the street edge along the Boston Street sidewalk. Mr. Moreira advised the transformer, condenser and emergency generator are now located on the Goodhue Street level near the stair (egress only) along east side of building. These are the only mechanicals located outside the building.

Board follow-up questions and discussions:
  • Mr. Rieder clarified there is no foot traffic from Goodhue to Boston Street along east side of the property line. Mr. Moreira affirmed and indicated any pedestrians that might be in the immediate area would be staff or others in an emergency situation.
  • Mr. Puleo asked if all HVAC/mechanical are in the building. Mr. Moreira affirmed yes, and added the transformer and emergency generator must be placed outside per code requirements. There will be fencing to enclose these. There are currently no 3- dimensional renderings of this detail as of now.
  • Mr. Rieder reminded the applicant team there had been a question about dimensions of the Boston Street sidewalk. Mr. Buie advised it is 6-ft from the property line to the edge of the curb, and that the sidewalk and curb is being extended to the Dunkin Donuts. The sidewalk is 5.5-ft with a 6-inch curbstone.
  • Mr. Rieder asked for details regarding where trees will be located, in sidewalk tree pits? He explained that due to the dimensions of the sidewalk, tree pits will be limited to 2-ft to allow wheelchairs to pass, 2-ft tree pits are inadequate for street trees because of the size of the rootball. While trees at curbside are generally positive as they provide another layer vehicle protection, in this case he recommended the trees be located on the backside of the sidewalk in the lawn about 24-30 inches from the sidewalk edge.
  • Atty Correnti advised there is a proposed Boston Street Improvement Program not designed yet—they want to coordinate with the City and complement this program.
  • Mr. Anderson advised there is an also an improvement plan for Goodhue Street and the project should coordinate with this as well.
  • Atty Correnti advised they have seen proposed versions of the traffic improvement plan and are waiting to see the final.
  • Mr. Moreira added the group working on the Goodhue Street area traffic improvement plan had not seen this site plan and proposed building. They are reviewing it now before they finalize the traffic improvement plan.
  • Mr. Rieder recommended the trees proposed along Goodhue Street side be located streetside (vs. Boston St where they should be away from street due to space limitations for the root systems).
  • Atty Correnti advised they will present revised details on street trees along Boston and Goodhue at the next appearance before the Planning Board.
Mr. Moreira continued the presentation and pointed out there is now a public entrance to the building from the Goodhue Street side with access to the elevator. He also described the mechanical equipment exhaust for the building will be built into the foundation wall supporting the metal screen on the Goodhue Street side. This was presented to the DRB who has requested additional details of the wall sections. An additional rendering presented the view across Boston Street looking at entrance to the site and demonstrating that the roof line is not visible. Another rendering was presented to show the view from Walgreens looking up Boston Street toward the site.

Mr. Moriera presented an update on the lighting plan and re-stated the lighting objectives: create safe environment, be respectful of neighbors and eliminate trespass. Highlights include:
  • Main parking area bollards at each end of the lot and pole-mounted fixtures located between trees.
  • Main entrance drop off area to feature a bench and lighting
  • Retaining wall sconces
  • Loading dock lighting.
Board follow-up questions and discussions:
  • Mr. Anderson asked for details on the lower lot lighting and was advised they will be presented shortly.
  • Mr. Clarke observed the City doesn’t have a transportation department to consolidate transportation comments. He suggested traffic cameras at major intersections are a feature that needs to be added as new projects come online. He suggested developers might be asked to add a camera(s) to provide video feed to the City, and asked Ms. Menon to investigate if the City could make this a requirement.  He offered this is not the correct forum for this suggestion, but this project is good illustration of the need.
  • Mr. Anderson asked for color on metal panel and a sample was shown; described color as champagne, warmer neutral. He appreciates the revised color selection, but expressed he still has concerns with using metal on the exterior of the building in this neighborhood. He asked if the corner details are cut or folded. Mr. Buie advised it is a preformed piece. The goal is to be very fine with the detailing where the panel meeting the sofit, sills, corners, etc. The intention is to cleanly cap the parapet.
Mr. Moreira continued the update and reported the project had success with at their recent appearance before the DRB, granted approval with a few conditions including the exterior lighting plan. Ms. Sides advised it was a very throrough presentation to the DRB who is very pleased with the progress.

Chairman Puleo opened the hearing to the public for comment     
  • The Chair read into the record two letters from James Treadwell of 36 Felt Street, Salem. His letters were addressed to the City Planner expressing his key concerns:
  • Brick is not being used on the new building planned for this site despite the explicit preference for brick written into the NRCC plan.
  • Asked if there was any effort to incorporate the existing FlynnTan sign into the new development.
  • James Treadwell, 36 Felt Street, Salem—expressed several concerns and his dismay that the DRB is not holding new projects to the recommended standards as put forth in the NRCC and Mack Park Neighborhood Plan; particularly with their failure to insist on the use of brick on new building exteriors.
  • The City’s traffic improvement plan for the Goodhue Street neighborhood has not been consolidated with the landscaping plan for this development. It is urgent these two projects are coordinated and that plan be presented in detail to the Planning Board including traffic study metrics.
  • Zoning and entrance corridor requirements have not been fully addressed by the developer on this site.
  • Asked whether the Conservation Commission be involved or not in the approval of this plan. Will they waive jurisdiction or present a review?
  • Bob Griffin, civil engineer for the developer responded and indicated the current flood maps do not touch the site, but they expect the future map will touch a small portion of the site, and therefore Conservation Commission approval will likely be required; perhaps a limited scope such as an RDA.
  • Asked who will analyze the sophisticated storm water management plan that is part of this project.
  • Ms. Menon advised a civil peer review consultant has been engaged to review this aspect of the plan and is in process.
  • Asked who will review the lighting plan.
  • Mr. Puleo advised lighting will be reviewed by the Planning Board.
  • Mr. Treadwell observed the design features of this project are not pedestrian friendly particularly on the Goodhue Street side of the site. He  singled out:
  • Transformer and generator sited alongside a sidewalk
  • Goodhue Street entrance if planned to be a public entrance should not be treated as a service entrance.
  • Goodhue Street retaining wall alongside the sidewalk is enormous.
  • Metal screen along garage and adjacent the sidewalk is not pedestrian friendly.
  • Asked if the planned parking meets zoning requirements.
  • Asked how they plan to verify the site is meeting requirement.
.
Chairman Puleo asked if there are further comments from the public or Board.
  • Mr. Anderson asked if updated drawings will be available in advance of the next appearance before the Planning Board to enable members to study them in advance. Atty Correnti affirmed, yes. Ms. Menon advised it is helpful to receive an electronic copy in advance, and then several sets of hard copies available at the meeting.
  • Mr. Clarke asked how many parking spaces planned for the garage. Atty Correnti clarified garage parking is for staff/tenants only.
  • Mr. Clarke suggested audible/visual warning notice when vehicles exiting the garage to safeguard pedestrians.
Civil engineer for the project Bob Griffin advised a warning system will likely be needed based on the proximity to the sidewalk and street. Mr. Griffin quoted the zoning ordinance requirement of 3 spaces per professional person, and one space for every two employees; a total of 83 spaces are required for Pediatric Associates of Greater Salem (PAGS) and a tenant based on the staffing profile (45 spaces for PAGS and 38 projected for tenant). Mr. Clarke observed that the location of this site does not lend itself to public transit for staff and that the calculation formula may not fit actual need. Mr. Griffin identified the locations of 89 regular spaces and 6 compact space reserved for staff, a total of 95 spaces which exceeds the zoning requirement of 83 spaces.

Chairman Puleo summarized the outstanding issues this project needs to present to the Planning Board: FST report, relocation of street trees.

Mr. Puleo expressed a concern about noise generated by the exterior units on Goodhue Street (transformer, condenser and emergency generator). Mr. Griffin advised Witch City Cycle and other buildings will push noise upward and away from pedestrians. Mr. Puleo indicated there are decibel requirements. Timing of weekly generator cycling should be sensitive to the neighborhood; suggested daytime hours such as 3:00pm during rush hour.

Mr. Griffin offered some additional details that had been requested or mentioned at their previous appearance before the Board:
curbstones are all granite
building height is 30-ft

Motion and Vote:~~Ms. Sides made a motion to continue the public hearing to May 1, 2014, seconded by Ms. Yale. ~The vote was unanimous with eight (8) in favor (Mr. Puleo, Mr. Ready, Mr. Anderson, Mr. Clarke, Ms. Yale, Ms. Side, Mr. Griset and Mr. Rieder) and none (0) opposed.


 
Project:        Request for an insignificant change to the previously approved Site Plan Review and Planned Unit Development Special Permit to allow minimal building footprint change, minimal parking lot and drive reconfiguration, modified arch entry to meet fire safety requirements, and enlargement of courtyard area.

Applicant:      OLD SALEM JAIL VENTURES, LLC
Location:       50 St. Peter St (Map 35, Lot 179)

Documents and Exhibitions: Handout of renderings and drawings.

Dan Riccardelli, Seger Architects Inc., 10 Derby Square, presented on behalf of the applicant. He reviewed site plan including the original configuration and the requested change. The US Park Service asked the new building be moved back from the McIntyre building, which narrows footprint and widens the courtyard.  The plan still calls for 13 units just in a different configuration than originally proposed. Original 36 parking spaces onsite remain; the developer is negotiating for an additional 7 offsite parking spaces.  

Chairman Puleo stated the Planning Board had requested written confirmation from the Fire Department that the plan changes provide access to all buildings on the site. A letter from Fire Chief David Cody was read into record. Mr. Riccardelli confirmed the applicant will meet all requirements itemized by the letter from the Fire Chief.

Mr. Rieder asked Mr. Ricciarelli to trace the ADA route and confirmed it will be maintained. There is a
large tree that will be removed.
Motion and Vote:~~Ms. Sides made a motion to approve the request for an insignificant change to the
previously approved Site Plan Review and Planned Unit Development Special Permit to allow minimal
building footprint change, minimal parking lot and drive reconfiguration, modified arch entry to meet fire
safety requirements, and enlargement of courtyard area as shown on the Plan dated March 20, 2014 seconded by Mr. Rieder. ~The vote was
unanimous with eight (8) in favor (Mr. Puleo, Mr. Ready, Mr. Anderson, Mr. Clarke, Ms. Sides, Ms. Yale,
Mr. Griset and Mr. Rieder) and none (0) opposed.


 
Project:        Request  for an insignificant change to the previously approve Site Plan Review, Wetlands and Flood Hazard District Special Permit, North River Canal Corridor Neighborhood Mixed Use District Special Permit, to allow modification to the pedestrian and vehicular barrier systems along the public walkway.

Applicant:      NORTH RIVER CANAL, LLC
Location:       28 Goodhue ST (Map 16, Lot 372)

Documents and Exhibitions:
  • Guardrail detail drawing for the proposed vehicular barrier system.
  • April 16 letter from Architect Thomas Galvin specifying new proposed materials.
Attorney Joseph Correnti, 63 Federal Street, available to answer any residual questions.

Ms. Menon recapped the letter, the proposed treatment is now a wooden guardrail to be situated along the parking lot. This meets the needs of the Conservation Commission and was previously approved by the DRB. The placement has been moved away from the pedestrian fence, to the grassy strip between the pedestrian walkway and the parking lot.

Mr. Rider asked if the post is a flanged beam or tube stock. It is steel pipe per the letter/drawing.

Mr. Puleo checked the drawing to confirm there is pedestrian access from parking lot to walkway.

Mr. Rieder asked for the distance from the edge of paving to guardrail. While not provided on the drawing, the plan illustrates the guardrail will follow the curb so that distance will vary.
Atty Correnti suggested the motion reference Mr. Galvin’s letter which will enable these details to be recorded at the Registry as part of the decision.


Motion and Vote:~~ Mr. Clarke made a motion to approve the request for an insignificant change to allow modification to the pedestrian and vehicular barrier systems along the public walkway using materials specified in Mr. Tom Galvin’s letter dated April 16, 2014, seconded by Mr. Anderson. ~The vote was unanimous with five (5)  eligible members in favor (Mr. Puleo, Mr. Ready, Mr. Anderson, Mr. Clarke and Mr. Rieder) and none (0) opposed.

Old/New Business

No old business was raised for further discussion.


Adjournment

Motion and Vote:~~Mr. Clarke made a motion to adjourn the meeting, seconded by Ms. Yale. The vote was unanimous with eight (8) in favor (Mr. Puleo, Mr. Ready, Mr. Anderson, Mr. Clarke, Ms. Yale, Ms. Sides, Mr. Griset and Mr. Rieder) and none (0) opposed.
Chairman Puleo adjourned the meeting at 1055 pm.

For actions where the decisions are incorporated by reference into these minutes, copies of the decisions have been posted separately by address or project at:~http://www.salem.com/Pages/SalemMA_PlanMin/


Respectfully submitted,

Pamela Broderick, Recording Clerk


Approved by the Planning Board on 5/1/2014