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Draft Minutes 12/04/2014
City of Salem Planning Board
DRAFT Meeting Minutes
Thursday, December 4, 2014

A regularly scheduled meeting of the Salem Planning Board was held on Thursday, December 4, 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, Vice Chair, Helen Sides, Randy Clarke, Kirt Rieder, Dale Yale, Bill Griset and Noah Koretz. Absent: Matt Veno

Also present: Erin Schaeffer, Staff Planner, and Pamela Broderick, Planning Board Recording Clerk. ~

Approval of Minutes

November 20, 2014 Regular Meeting Minutes

A minor edit was made by the Planning Board members. ~

Motion and Vote:~Helen Sides made a motion to approve the revised November 20, 2014 Regular Meeting Minutes, seconded by Randy Clarke. ~The vote was unanimous with eight (8) in favor and none (0) opposed.


Regular Agenda

Location:               9-11 Dodge Street, 217-219 & 231-251 Washington Street
(Map 34, Lots 0403, 0405 & 0406)
Applicant:              Dodge Area, LLC
Description:    A public hearing of the application for Site Plan Review, a Planned Unit Development Special Permit,  a Flood Hazard Overlay District Special Permit and a Stormwater Management Permit for the construction of an approximately 190,000 square foot mixed-use development with residential units, commercial space including a potential hotel, a parking structure, associated landscaping, and pedestrian and transportation improvements.

Documents and Exhibitions:
  • Letter dated December 3, 2014, applicant requesting to continue to December 18, 2014
Chair Puleo read into the record correspondence from the applicant to continue to December 18, 2014.

Motion and Vote:~~Randy Clarke made a motion to continue the public hearing to December 18, 2014, seconded by Noah Koretz. ~The vote was unanimous with eight (8) in favor (Mr. Puleo, Mr. Anderson, Ms. Sides, Mr. Clarke, Mr. Rieder, Ms. Yale, Mr. Griset, and Mr. Koretz) and none (0) opposed.



Location:       72 FLINT STREET AND 67-71 MASON STREET (Map 26, Lots 91, 95 & 97)
Applicant:      RIVERVIEW PLACE LLC
Description:    Continuation of the public hearing for an application for an Amendment to the previously approved Site Plan Review decision, North River Canal Corridor District Special Permit, and Flood Hazard District Special Permit. Specifically, the application proposes changes to the proposed buildings, landscaping, and parking, primarily in order to meet the requirements of the required Ch. 91 License issued by the MA Dept. of Environmental Protection. The number of residential units and square footage of commercial space remains the same.

Documents and Exhibitions:
Letter from Attorney Scott Grover, Tini, Quinn, Grover & Frey, 27 Congress Street, dated December 4, 2014.

Chair Puleo read into the record correspondence from the applicant’s attorney to continue to December 18, 2014.

Ms. Schaeffer provided a brief update on the status of the project:
  • Project heard at the Design Review Board (DRB) on December 3rd, the applicant was asked to return to the DRB on December 18, 2014, with more details.
Motion and Vote:~~Kirt Rieder made a motion to continue the public hearing to December 18, 2014, seconded by Dale  Yale. ~The vote was unanimous with eight (8) in favor (Mr. Puleo, Mr. Anderson, Ms. Sides, Mr. Clarke, Mr. Rieder, Ms. Yale, Mr. Griset and Mr. Koretz) and none (0) opposed.



Location:               148 Marlborough Road
Applicant:              Anthony M. Jermyn and Richard R. Jermyn
Description:    A public hearing requesting a waiver of frontage requirements of the Subdivision Control Law and a request for approval of an Approval Not Required plan.

Documents and Exhibitions:
Waiver of Frontage:
  • City of Salem Planning Board Waiver Request, dated October 30, 2014
  • “Drainage and Easement Plan Marlborough Road”, August 28, 2013 prepared by P. McCormack, PLS
  • “148 Marlborough Road, Salem Massachusetts Pavement and Setbacks C-1”, dated December 4, 2014, prepared by New England Civil Engineering.
  • “148 Marlborough Road, Salem Massachusetts Proposed Utilities C-3”, dated December 4, 2014 prepared by New England Civil Engineering
  • City of Salem Zoning Board of Appeals Decision dated September  9, 2014
Approval Not Required Plan
  • “Subdivision Plan of Land Located at 148 Marlborough Road Salem, MA”, dated October 30, 2014, prepared by P. McCormack, PLS
Attorney Joseph C. Correnti, of Serafini, Darling & Correnti, LLP, 63 Federal Street; presented on behalf
of the applicant. Atty Correnti advised this odd, “pork-chopped” shaped lot has existed since 1961, zoned R1. Property had this configuration when inherited by current owners, who are interested in developing the property and configuring the lot to allow for two single-family homes. The issue before the Planning Board is the request a Waiver of Frontage to allow twelve (12) feet of frontage instead of the required 100 feet. On September 9, 2014, the Zoning Board of Appeals granted Variances from the provisions of Sec. 4.0 Dimensional Requirements of the Salem Zoning Ordinance to allow less that the required 100-foot minimum lot frontage and less than the required 100-foot minimum lot width for two proposed lots. The proposed lots will take their frontage from a shared driveway off of Marlborough Road. Before the Planning Board, the applicant has requested  a Waiver of Frontage requirements of the Subdivision Control Law and a request for approval of an Approval Not Required Plan.

Atty Correnti provided additional details:
  • frontage is 10-feet owned plus 2-foot easement for a 12-foot wide entrance;
  • there is a landscape setback agreed with the abutting neighbor;
  • The proposed plan has been adjusted to accommodate input from the City of Salem Fire Department, who has conducted an onsite review and asked for:
  • Snow storage, which has been added to the plan,
  • The two single-family homes to be built will have sprinklers, agreed by the owner/developer,
  • 2-foot wide clear area on each side of the 14-foot driveway is needed to provide a place for fire truck footings in case of a fire event. The preferred surface is gravel.
Board Discussion:
The Board asked if the project meets the conditions to trigger an appearance before the Conservation Commission. Atty Correnti stated that the Waiver of Frontage request and request for approval of the Approval Not Required Plan does not need to be before the Conservation Commission. There is a resource area at the back of the lots. The Board advised the applicant that if the Board grants a Waiver of Frontage conditions will be included in the Decision as noted by the Fire Department.

Chair Puleo opened the hearing to public comment:
  • Jeffrey Bacon 1 Outlook Avenue West; spoke to object to the requested waiver. He submitted a letter including objections to claim of financial hardship. Noted it is a very long run to the nearest fire hydrants. Surprised to hear this project doesn’t need to go before the Conservation Commission as the lot includes the low point of land in the area, with many drainage issues. Mr. Bacon also objected to the waiver as the additional driveway and placement represents a safety issue on a public way. He also noted that lots at 146 and 148 are owned by the same entity and could be merged to avoid problems.
  • Chair Puleo read Mr. Bacon’s letter dated November 28, 2014, into the record.  
  • Atty Correnti advised the Zoning Board of Appeals (ZBA) hearing was extensive, the variance they granted was not decided quickly. Financial hardship was not the driving issue. The shape of the lot is the core of the hardship. Neighbors submitted petition to the ZBA in favor of the project.
Motion and Vote:~~Helen Sides made a motion to close the public hearing, seconded by Randy Clarke. ~The vote was unanimous with eight (8) in favor (Mr. Puleo, Mr. Anderson, Ms. Sides, Mr. Clarke, Mr. Rieder, Ms. Yale, Mr. Griset and Mr. Koretz) and none (0) opposed.

Board Deliberation:
Ms. Schaeffer distributed the ZBA decision to Board members for their review.

Some Board members observed the request amounts to taking an eccentric parcel and amplifying the eccentricities. It is now a “double porkchop”.

The Board asked Atty Correnti to restate what is being asked:
Grant a waiver to the frontage (minimum requirement of 100 feet), now at 10-feet plus easement of 2-feet for effective frontage of 12-feet.

Mr. Anthony Jermyn (applicant) advised they have spoken with every abutting neighbor to address their concerns.

Motion and Vote:~~Ben Anderson made a motion to approve a waiver of frontage subject to the following conditions a) snow storage shall be located in the designated area along the North edge and rear of the driveway in accordance with the plan “148 Marlborough Road, Salem Massachusetts Pavement and Setbacks C-1 ” b) The Applicant shall install and maintain 2-foot wide, twelve (12) inch thick, compacted gravel shoulders along each edge of the driveway from the rear parcel line of front property (Lot 250B) to the end of the driveway in rear parcel (Lot 250A2) in accordance with the plan “148 Marlborough Road, Salem Massachusetts Pavement and Setbacks C-1”,  and c) The Applicant shall install a sprinkler system in accordance with NFPA 13R (Standard for the Installation of Sprinkler Systems in Low-Rise Residential Occupancies) in accordance with the plan titled “148 Marlborough Road, Salem Massachusetts Proposed Utilities C-3”; seconded by Dale Yale. ~The vote was unanimous with eight (8) in favor (Mr. Puleo, Mr. Anderson, Ms. Sides, Mr. Clarke, Mr. Rieder, Ms. Yale, Mr. Griset and Mr. Koretz) and none (0) opposed.

Atty Correnti asked the Board for a second request for approval of an Approval Not Required Plan to create two (2) lots from the parcel.

Motion and Vote:~~Ben Anderson made a motion to approve an Approval Not Required Plan dated October 30, 2014; seconded by Noah Koretz. ~The vote was unanimous with eight (8) in favor (Mr. Puleo, Mr. Anderson, Ms. Sides, Mr. Clarke, Mr. Rieder, Ms. Yale, Mr. Griset and Mr. Koretz) and none (0) opposed.



Location:               60 & 64 Grove Street and 1, 3 and 5 Harmony Grove Road
                        (Map 16, Lots 237, 236, 377, 239 and 378)
Applicant:              Grove Street Apartments (f/k/a Legacy Park at Harmony Grove Apartments)
Description:    A public hearing for an application to allow an amendment to the previously approved Site Plan Review, Planned Unit Development Special Permit and Flood Hazard District Special Permit. The proposed amendment includes changes to: site-related vehicle and pedestrian access (including elimination of Harmony Grove vehicle access), parking lot layout, landscaping, environmental remediation, and stormwater management. Eleven (11) parking spaces at 60 Grove Street, the commercial building, have been eliminated; the number of residential units is reduced from 141 to 129 units and one (1) additional residential parking space is provided. No changes are proposed to the total square footage or footprints of the buildings.

Documents and Exhibitions:
Grove Street Apartments—Revised Site Plan dated October 16, 2014
Vanasse & Associates, Inc., Correspondence Regarding Single Entrance, dated August 7, 2014
Grove Street Submittal Letter from Griffin Engineering, dated October 16, 2014
Grove Street Figure 1 Planning Board Approved Layout, dated October 2012
Grove Street Figure 2 Proposed Layout, dated October 2012
Letter Report No. 4—Grove Street Apartments Peer Review dated Nov 17, 2014
MRM Project Management LLC Overall Site Layout Plan sheet C3 revised December 1, 2014
Draft Decision, Amendment to Site Plan Review, Planned Unit Development Special Permit and Flood
Hazard District Special Permit

Attorney Joseph C. Correnti, of Serafini, Darling & Correnti, LLP, 63 Federal Street; presented on behalf
of the applicant. Additional speakers included:
Robert H. Griffin, P.E., principal, Griffin Engineering Group LLC, 495 Cabot Street, Beverly, MA
David A. White Jr., P.E., Senior Vice President, Woodward & Curran, 95 Cedar St, Ste 100, Providence RI
Paul J. Jacques, P.E., project engineer, Woodward & Curran, 95 Cedar St, Ste 100, Providence RI

Mr. Griffin reviewed the proposed changes from the original approved plans and specifically reviewed how peer review comments have been addressed in the revised plans.

  • Retaining wall near Building 1, revised as suggested to provide more turning radius, added signage and adjusted grade.
  • At request of Fire Department, no curbing at the two islands in the parking lot, this is striped asphalt.
  • Removed bollards on bike path and incorporated a change in surface materials instead; added do not enter signage to discourage vehicles.
Board Discussion:
Board suggested compost station be integrated with trash and recycling stations.

Board asked what happens to area designated for relocated material cell in the event the material is completely removed from the site. Mr. Griffin advised this would become a grass area. It would graded out and top soil added.

Board reminded the applicant the original decision included a decision to review the drains at Harmony Grove Road will remain in place despite elimination of the replacement vehicular bridge.

Board reminded the applicant the original decision addressed traffic mitigation, including sidewalk improvements along Harmony Grove Road at #3. Mr. Griffin advised this no longer planned, but they will leave the curb cuts. Some Board members expressed concern about increase in traffic on Beaver Street generated by the project. After discussion, the Board agreed to add Stafford, Watson and Beaver Streets to the mitigation discussion, and itemize these in the decision. Mr. Griffin and Atty Correnti offered that the existing language is broad and includes neighboring streets. Up to the City to determine how best to spend the funds agreed. Chair noted that naming these streets in the decision would address neighbor concerns.

The Board recommended the developer make the surface of the shared use path the same through its length to provide continuity, with the exception of the entrance “warning” surfaces at either end.

Chair Puleo opened the meeting for public comment:

Pam Lombardy 3 Larch Avenue; spoke in favor of this project. Ms. Lombardy added she is in favor of making Goodhue Street two-way to help alleviate traffic on Harmony Grove Road and encouraged the Planning Board to convey this possible change to the appropriate individuals working on the Grove Street Improvements Plan.

Mark Addison 2 Beaver Street; asked if the requested change is significant enough to push the project into starting over completely. Chair Puleo advised the request before the Planning Board is to modify the previously approved plan. Mr. Addison continued to express his concern about the traffic impact on Watson and Beaver Streets as a result of closing the Harmony Grove entrance. He has owned his home in this neighborhood for 25 years.

The Board considered sending a recommendation to the City that speed tables, restricted hours for through traffic be studied to provide traffic mitigation in this neighborhood. The Board noted that the City Councillor should be active on this matter along with the neighbors. The Board concluded it is premature to stipulate additional physical improvements until the Grove Street improvement plans have been fully realized.

Atty Correnti advised that all the new projects going into this neighborhood are contributing mitigation funds for the City to work with their consultant who is managing a master plan for the area.

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


Board Deliberations:
Chair Puelo read into the record the nine (9) specific amendments and Special Conditions A-E and Ms. Schaeffer pointed out specific amendments to the draft decision.

Atty Correnti advised the applicant will amend their submission to include a compost receptacle area.

The Board asked for edits to the draft decision to cover:
  • Elimination of all bollards excepting the one (1) to keep people off the existing bridge,
  • Pedestrian path and emergency lane paralleling the North River Canal and railroad track shall be bituminous concrete with the exception of contrasting concrete pavers in two locations as indicated on plans (to be inserted into section 5, Special Conditions).
  • Contingent on MBTA’s agreement, the replacement of the existing fence along the railroad tracks will be black PVC-coated 1” mesh, 48” in height (to be inserted into section 5, Special Conditions).
Motion and Vote:~~Randy Clarke made a motion to approve the Amendment to the previously approved Site Plan Review Decision (dated October 26, 2014), Planned Unit Development Special Permit and Flood Hazard District Special Permit,  seconded by Kirt Reider. The vote was unanimous with eight (8) in favor (Mr. Puleo, Mr. Anderson, Ms. Sides, Mr. Clarke, Mr. Rieder, Ms. Yale, Mr. Griset and Mr. Koretz) and none (0) opposed. The amendment and decision is hereby incorporated and made a part of these minutes.

Old/New Business

  • Letter submitted to the Planning Board regarding a Final Decision of the Energy Facilities Siting Board, dated November 17, 2014, submitted by New England Power Company d/b/a National Grid.
Adjournment

Motion and Vote: Randy Clarke made a motion to adjourn the meeting, seconded by Bill Griset. The vote was unanimous with eight (8) in favor (Mr. Puleo, Mr. Anderson, Ms. Sides, Ms. Yale, Mr. Clarke, Mr. Rieder, Mr. Griset and Mr. Koretz) and none (0) opposed.

Chairman Puleo adjourned the meeting at 9:15pm.

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://www.salem.com/Pages/SalemMA_PlanMin/

Respectfully submitted,
Pamela Broderick, Recording Clerk

Approved by the Planning Board on XX/XX/2014

Know your rights under the Open Meeting Law M.G.L. c. 30A § 18-25 and City Ordinance § 2-2028 through § 2-2033.