Accusations heating up in big box battle

LYNN – A Superior Court lawsuit filed Monday by the city’s Planning Board alleges Salem Planning Board Chairman Charles Puleo continued running the meetings concerning a controversial big-box retail center even though he owned a nearby restaurant that would benefit from approval of the project.The Salem Planning Board on Jan. 13 issued the Kennedy Development Group a special permit to move forward with the Lowe’s and Walmart shopping center on Highland Avenue in Salem.The lawsuit states that Puleo’s Dairy Bar and Restaurant at 376 Highland Ave. in Salem will be the closest food establishment to the proposed retail project when it’s built.The court complaint asks for the special permit be vacated and seeks a jury trial. Named as defendants are the city of Salem, the Salem Planning Board and the Everett-based Kennedy Development Group. The defendants have 20 days in which to file a response, according to Assistant City Solicitor Richard Vitali.”This is a fast-track case. We have asked for a jury trial. Since facts are disputed in the case, it’s not likely to go before a judge for summary judgment,” Vitali said Monday.Puleo, a Salem resident, presided as chairmen at 16 Salem Planning Board public hearings between March 2010 and January 2011. According to the complaint, “as chairman, Puleo controlled the agenda, selected which members of the public could speak at the hearing, and established procedures limiting the amount of speakers and time allotted to such speakers during the numerous public hearings.”Puleo could not be reached for comment.Further, the complaint alleges “upon information and belief, Puleo had a financial interest in the allowance of the proposed development project as the project would likely result in an increase to patrons of business/commercial uses, including a retail food establishment owned, managed, leased and/or owned by Chairman Puleo.”The complaint asserts Salem Mayor Kimberley Driscoll “incorrectly permitted Puleo to deliberate and vote on the subject petitions given his obvious financial interest.”Lynn officials attacked the retail project on several other fronts in the court complaint, maintaining the development will “significantly injure the health, safety, welfare and privacy of current and future abutting property owners, including but not limited to property owners of Bellaire Avenue, which immediately abuts the property.”Increased noise, inadequate drainage and traffic congestion were also cited as negative outcomes of the retail development.The project encompasses construction of a Lowe’s Home Improvement Center, doubling the existing Wal-Mart store, expanding the Meineke Automotive repair shop, erecting a municipal water tower for the city of Salem, making improvements to Camp Lion and reconfiguring traffic intersections along Route 107.Assistant City Solicitor George Markopoulos stated in the complaint thousands of individuals signed petitions against the project, hundreds appeared at the public hearings to air their objections and “the great weight of the evidence presented to the Salem Planning Board demonstrated that the application for permits did not comply with Salem Zone Ordinance and the Salem Master Plan.”Salem attorney Joseph Correnti, who represents the developer, referred questions to the Lowe’s corporate office.”The proposed Lowe’s store will bring more than 150 retail jobs to both Salem and Lynn residents and this project will also create approximately 200 construction jobs and multiple-service jobs in the area,” said Lowe’s spokesman Stacey Lentz.As for the lawsuit filed in behalf of the Lynn Planning Board, Lentz said, “Until we know its basis, we cannot comment on any particular details. We are eager to being the process and start serving customers in this area.”