266 Canal Street Planning Board Decision
CITY OF SALEM
PLANNING BOARD
Amended Decision
Site Plan Review, Planned Unit Development, Flood Hazard Overlay District
Special Permit, and Stormwater Management Permit
266 Canal Street (Map 32, Lot 0038), 282 Canal Street (Map 32, Lot 0037), 286 Canal
Street (Map 32, Lot 0036), 282 Rear Canal Street (Map 23, Lot 0144), and 2 Kimball Road
(Map 32, Lot 0102)
February 16, 2024
Re: Application of Joseph Correnti f/b/o The Residences on Canal Street, LLP, for the property
located at 266 Canal Street (Map 32, 0038), 282 Canal Street (Map 32, Lot 0037), 286 Canal
Street (Map 32, Lot 0036), 282 Rear Canal Street (Map 23, Lot 0144), and 2 Kimball Road (Map
32, Lot 0102) in the RC, B2, and I Zoning Districts for Site Plan Review in accordance with the
following sections of the Salem Zoning Ordinance: Section 9.5 Site Plan Review, 7.3 Planned
Unit Development Special Permit, 8.2 Entrance Corridor Overlay District, and Section 8.1 Flood
Hazard Overlay District Special Permit and Section 37 of the Salem Code of Ordinances,
Stormwater Management Permit.
Specifically, the applicant proposes to amend an existing Planned Unit Development Special
Permit, Flood Hazard Overlay District Special Permit, Stormwater Management Permit,
Entrance Corridor Overlay District, and Site Plan Review decision dated July 27, 2023. The
applicant proposed to relocate the outdoor swimming pool, the creation of a new courtyard and
open space, modifications to the connection to the rail trail, relocation of entrances to podium
parking areas, changes in site grading and stormwater management, and modifications to the
building facades (including materials and balconies). No reduction of dwelling units is proposed.
An increase of one (1) parking space is proposed from 306 to 307 spaces.
Procedural History
1. An application for an amendment to an approved Site Plan Review under Sections 9.5 of
the City of Salem Zoning Ordinance was made by Joseph Correnti f/b/o The Residences
on Canal Street, LLP and filed with the Planning Board on November 9, 2023.
2. The Planning Board opened the public hearing on Thursday, December 21, 2023, and was
continued to January 18, 2024, February 1, 2024, and February 15, 2024.
3. During the public hearing process, the number of vehicle parking spaces decreased from
307 to 306. Of the proposed 306 parking spaces, 11 spaces do not appear to have adequate
room to maneuver in and out of. Specifically, spaces 1 & 29 in Block B, spaces 1 & 27 in
Block C, and the end spaces on both sides of the open lot at the end of Blocks D & E. As
such, the planning board based their decision on a site plan with 295 parking spaces rather
than the 306 parking spaces shown on the plan.
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February 16, 2024
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4. During the public hearing process, there was discussion concerning curbing along Kimball
Road, particularly the frontage of University Fuel along Kimball Road. The Zoning
Enforcement Officer determined that the design as proposed does not comply with the curb
cut requirements of the Entrance Corridor Overlay District (ECOD). The applicant will
need to obtain a variance from the Zoning Board of Appeals to build as designed. At the
public hearing on February 15, 2024, the Planning Board discussed and agreed that in the
event the Applicant does not obtain said variance, changes to the approved plans that bring
the development into compliance with the ECOD requirements will not require review
from the Planning Board and will instead require administrative review by the City Planner.
5. The Planning Board closed the public hearing on February 15, 2024.
6. The plans and other submission material were reviewed by the Planning Board. Throughout
its deliberations, the Planning Board has been mindful of the statements of the applicants
and their representatives, and the comments of the general public, all as made at the public
hearing.
Specific Findings:
The Planning Board, after a public hearing and review of submitted materials and testimony,
hereby finds that the proposed amendment to the previously approved project meets the
provisions of the City of Salem Zoning Ordinance, Sec. 7.3 Planned Unit Development, Sec. 9.5
Site Plan Review and Sec. 8.1 Flood Hazard Overlay District Special Permit as follows:
Site Plan Review Findings
The Planning Board finds that the proposed project as conditioned complies with all review criteria
as identified in Site Plan Review, Sec. 9.5.6. The Plan meets accepted site planning standards and
promotes standards such that the development takes place in a manner which shall in all aspects
be an asset to the City.
Planned Unit Development Findings
The Planning Board hereby makes the following findings pertaining to the City of Salem Zoning
Ordinance, Sec. 7.3 Planned Unit Development:
7.3.8.1 As proposed, the mixture of residential, commercial, and open space is
compatible with each other, thereby meeting the purpose and intent of good zoning
practices and the master plan of the City of Salem. The compatibility relationship among
the mixtures of uses with vehicle and bicycle parking onsite, render it appropriate to
depart from the strict provisions of the underlying zoning.
7.3.8.2 The mixture of residential uses and the commercial space in the planned unit
development is determined to be sufficiently advantageous to tender it appropriate to
depart from the normal requirements of the district.
7.3.8.3 The existing site consists of approximately 9 acres of undeveloped wetland
resource areas. The remaining 4.68 acres consist of industrial land comprising of
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February 16, 2024
3
buildings, pavement and compacted gravel. The redeveloped area will result in a decrease
of impervious surface and will include a stormwater management system. The mixture of
uses and site improvements will promote walking and cycling. As such, the planned unit
development would not result in a net negative environmental impact.
Flood Hazard Overlay District Special Permit Criteria
Pursuant to Section 8.1.2.2(a) of the Salem Zoning Ordinance, the FHOD includes all special flood
hazard areas within the City of Salem designated as Zone A, AE, or VE on the Essex County Flood
Insurance Rate Map (FIRM) issued by the FEMA.
In considering approval of the Flood Hazard Overlay District Special Permit, the Planning Board
hereby makes the findings for the portion of the site within the FHOD pertaining to the Flood
Hazard Overlay District Special Permit Application as follows:
8.1.4.1. The proposed use will comply in all respects to the uses and provisions of the
underlying district in which the land is located.
8.1.4.2. There are adequate convenience and safety of vehicular and pedestrian
movement within the site and in relation to adjacent streets and property, particularly in
the event of flooding of the lot(s) or adjacent lot(s) caused by either overspill from
waterbodies or high runoff.
8.1.4.3. Utilities, including gas, electricity, fuel, water and sewage disposal, shall be
located and constructed so as to protect against breaking, leaking, short-circuiting,
grounding or igniting or any other damage due to flooding.
Decision
In view of these findings, the Planning Board decided at a regularly scheduled meeting on February
15, 2024, by a vote of six (6) (Chair Bill Griset, Kirt Rieder, Helen Sides, Zach Caunter, Jonathan
Berk, and Josh Turiel) in favor, one (1) (Sarah Tarbet) abstention due to ineligibility, and one (1)
(Tom Furey) opposed to approve the proposed project subject to the following conditions:
1. Original Decision
a. All conditions set forth in the original decision dated July 27, 2023, shall remain
and be adhered to by the applicant, unless explicitly eliminated or amended in this
decision.
2. Conformance with the Plan
a. Work shall conform to “Site Development Plans for Canal Street Station,” with the
sheets listed below (the “Plans”):
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February 16, 2024
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Drawing Title Sheet No. Prepared By Issued Revised
General Notes, Legend, and
Abbreviations
G-1 Morin -Cameron 11.09.2023 2.6.2024
Site Context Plan SC-1 Morin -Cameron 11.09.2023 2.6.2024
Existing Conditions Plan EX-1, 2, 3 Morin -Cameron 11.09.2023 2.6.2024
Site Prep & Demolitions
Plan
C-1, 2, 3 Morin -Cameron 11.09.2023 2.6.2024
Overall Site Layout Plan C-4 Morin -Cameron 11.09.2023 2.6.2024
Site Layout Plan C-5, 6, 7 Morin -Cameron 11.09.2023 2.6.2024
Grading and Drainage Plan
C-8, 9, 10
Morin -Cameron
11.09.2023 2.6.2024
Utility Plan C-11, 12, 13 Morin -Cameron 11.09.2023 2.6.2024
Construction Details C-14, 15, 16,
17, 18, 19
Morin -Cameron 11.09.2023 2.6.2024
Firetruck Swept Path
Analysis
C-20 Morin -Cameron 11.09.2023 2.6.2024
Wetland Mitigation W-1, 2, 3 LEC Enivronmental
Consultants
11.09.2023 2.6.2024
Overall Site Plan Halverson Tighe &
Bond Studio
11.09.2023 2.6.2024
Materials Plan L-1.0, 1.1
Halverson Tighe &
Bond Studio
11.09.2023 2.6.2024
Planting Plan L-2.0, 2.1 Halverson Tighe &
Bond Studio
11.09.2023 2.6.2024
Landscape Details L-2.2 Halverson Tighe &
Bond Studio
11.09.2023
2.6.2024
Lighting Plan and Schedule L-3.0 Illumisite 1.23.2024 1.23.2024
Elevations ICON Architecture 11.09.2023 1.23.2024
Perspectives of Building ICON Architecture 11.09.2023 1.23.2024
Floor Plans ICON Architecture 11.09.2023 1.9.2024
Sections ICON Architecture 1.9.2024 1.9.2024
Perspective Views of Site ICON Architecture 11.09.2023 1.9.2024
Photometric Calculation
Lighting Plan
I-1.0 Illumisite 11.09.2023 1.9.2024
3. Amendments
a. Any proposed future changes to the site plan shall be submitted to the City Planner
for their review, prior to any changes in the field. The submission shall include a
plan sheet with all changes from the plans approved by the Planning Board bubbled,
noted, and stamped by a licensed professional engineer or architect. This
submission shall also include a brief narrative explaining the proposed changes. If
deemed necessary by the City Planner, these amendments shall be brought to the
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Planning Board. Any waiver of conditions contained within shall require the
approval of the Planning Board.
4. Site Specific Conditions
a. All of the trees planted in the Entrance Corridor Overlay District (ECOD) shall
have a minimum caliper of 3.5” of the tree diameter breast height (DBH) to meet
the ECOD minimum standards.
b. All of the curbing in the ECOD shall be vertical granite at least 6” in height. This
includes all curbing around landscaped areas.
c. Applicant shall obtain an easement or other similar document relevant to
construction and/or maintenance on abutting city property, if required as
determined by the City Solicitor, for purposes of the improvements and ongoing
maintenance prior to issuance of a Building Permit.
d. Applicant shall submit a sign application to the Design Review Board for review
and approval at a regularly scheduled public meeting prior to seeking a sign permit.
Any subsequent changes, following initial approval, shall require review and
approval by the Design Review Board.
e. Prior to installation of any art visible from the City Right of Way, applicant shall
submit proposals for said art to the Public Art Commission for review and comment
at a regularly scheduled public meeting, prior to issuance of a Building Permit.
f. The crosswalk at the southeast corner of the property, proximal to Kimball Road,
shall be removed or relocated, in consultation with the City Planner. A revised Site
Layout Plan shall be submitted by the applicant, showing the crosswalk in the
agreed upon location, prior to issuance of a Building Permit.
g. All pedestrian ramps shall be built head-on to crosswalks.
h. Reciprocal ramps shall be built to State Code CMR 521 standards, across Canal
Street and Kimball Road.
5. Salem Design Review Board
As described in its December 20, 2023, letter to the Planning Board, the
Design Review Board (DRB) voted seven (7) in favor and zero (0) opposed to recommend
design approval in accordance with the following conditions.
1. Pool Access and Screening:
a. Access: The applicant shall consider allowing pool access from Building A only,
with no access from outside. If exterior access to the pool area is desired, the
applicant shall ensure that the pedestrian zone/crosswalk is made more prominent
than the vehicular circulation in the parking lot. Additionally, the applicant shall
consider how the pool area will remain safe and accessible only to residents and
their guests.
b. Screening: The applicant shall consider installing a solid fence around the pool
area. This will not only provide privacy for the pool users, but also visually screen
the amenity from Canal Street.
2. Amphitheater:
a. Additional Amenities: This newly proposed outdoor area is an attractive amenity
for the residents. While it will be a pleasant passive recreational area, the
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applicant shall consider adding grills or other amenities to increase the use of the
space.
b. Accessibility: The applicant shall investigate accessibility requirements, current
and those likely to be implemented based on industry trends, with the proposed
stadium seating. Consideration of the seating so that a drop off that is 30” or more
has a guardrail and a drop off that is less than 30”has a ‘landing zone’ that is at
least 30” wide.
c. Visual Aesthetic: The applicant shall create texture along the concrete wall
bordering the amphitheater so that its vastness is minimized.
3. Window Size and Patterns: The modifications show a simpler window pattern along all
facades. Members would like the applicant to reconsider this proposed pattern and add in
irregularity via the use of single windows interspersed among the double windows.
4. Signage: Signs in an entrance corridor are not required to go through Design Review
Board review. The DRB requests the Planning Board require the applicant to submit a
sign package to the DRB for review at a regularly scheduled public meeting prior to
seeking a sign permit.
5. Stair Tower Façade Treatment: The applicant shall carry the façade treatment on the stair
towers down to grade to visually anchor the building.
6. Submission and Review of 50% Design Drawings: The Board would like the applicant to
submit elevation, site, and landscaping plans at the 50% design stage to review the
project as it progresses and understand how the design may or may not have changed.
The plans and documents submitted should include the following:
a. A cover memo detailing proposed changes from the approved plan set.
b. A plan set(s) showing building elevations, site layout, and landscaping. The plan
set should include side-by-side images of approved versus currently proposed
items with ‘bubbles’ around those items that have been changed.
c. Plan(s) identifying exterior mechanical systems, vents, and meters and the
screening of these items, as appropriate.
d. Specification sheets for selected façade materials and exterior lighting fixtures.
e. A materials board, to be submitted to the Planning Department, that includes a
sample of each proposed façade material.
6. Pre-Construction Conference
a. Prior to mobilizing equipment on site for the start of work, a pre-construction
conference as necessary shall be scheduled with the City Planner, the City Engineer
(or their designee), the Building Commissioner, the Health Agent, Tree Warden
and any other departments that may be necessary. The Owner shall submit a
construction schedule at the time of the pre-construction conference. The schedule
shall include a description of how construction will be phased and staged and what
the impacts will be to the sidewalks and roadways.
7. Traffic & Circulation
a. The developer shall coordinate construction activities with the City Engineer.
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8. Landscaping
a. An as built landscaping plan accompanied with a letter from a Registered
Landscape Architect or certified arborist certifying compliance of the landscaping
with the approved plan shall be submitted to the City Planner prior to issuance of
the Certificate of Occupancy.
b. Maintenance of all landscaping on the approved plan shall be the responsibility of
the Applicant indefinitely, its successors or assigns, and any tree, shrub or plant that
does not survive shall be replaced.
9. Board of Health
The owner shall comply with the following specific conditions issued by the Board of
Health:
a. The individual presenting the plan to the Board of Health must notify the Health
Agent of the name, address, and telephone number of the project (site) manager
who will be on site and directly responsible for the construction of the project.
b. If a DEP tracking number is issued for this site under the Massachusetts
Contingency Plan, no structure shall be constructed until the Licensed Site
Professional responsible for the site meets the DEP standards for the proposed use.
c. A copy of the Licensed Asbestos Inspector’s Report must be sent to the Health
Agent.
d. A copy of the Demolition Notice sent to the DEP, Form BWPAO6, must be sent to
the Health Agent.
e. The developer shall adhere to a drainage plan as approved by the City Engineer.
f. The developer shall employ a licensed pesticide applicator to exterminate the area
prior to construction, demolition, and/or blasting and shall send a copy of the
exterminator’s invoice to the Health Agent.
g. The developer shall maintain the area free from rodents throughout construction.
h. The developer shall submit to the Health Agent a written plan for dust control and
street sweeping which will occur during construction.
i. The developer shall submit to the Health Agent a written plan for containment and
removal of debris, vegetative waste, and unacceptable excavation material
generated during demolition and/or construction.
j. In accordance with Board of Health Regulation #7, the developer shall ensure that
the trash contractor offer mandatory recycling to the development.
k. The Fire Department must approve the plan regarding access for firefighting.
l. Noise levels from the resultant establishment(s) generated by operations, including
but not limited to refrigeration and heating, shall not increase the broadband sound
level by more than 10 dB(A) above the ambient levels measured at the property
line.
m. The developer shall disclose in writing to the Health Agent the origin of any fill
material needed for the project.
n. The resultant establishment shall dispose of all waste materials resulting from its
operation in an environmentally sound manner as described to the Board of Health.
o. The developer shall notify the Health Agent when the project is complete for final
inspection and confirmation that above conditions have been met.
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p. Any restaurant that may be included in the this development must submit plans for
approval to the Health Agent prior to build out of the restaurant.
q. Plans for any public or semi-public swimming pools to be included in this
development must be submitted to the Health Agent for approval prior to
construction of the pool(s).
10. City Engineer & Utilities
a. All work shall comply with all requirements of the City Engineer.
b. All work shall comply with the Engineering Rules and Regulations.
11. Clerk of the Works
a. A Clerk of the Works shall be provided by the City, at the expense of the Applicant,
their successors or assigns, as it is deemed necessary by the City Engineer.
Accordingly, it is the understanding of the Board, the City Planner, the City
Engineer, and the Applicant, that the Clerk of the Works is expected to oversee and
review all civil and site improvements related to the Project, including, but not
necessarily limited to:
i. All utility cut and caps related to the City’s Demolition Permit;
ii. All new utility installations;
iii. All connections to, extensions of, or improvements to publicly owned
infrastructure both on the Applicant’s site or withing the City’s right of way
and any on-site stormwater or wastewater systems;
iv. All new installations or modifications to existing pavement, sidewalk, and
curbing; and
v. All conditions placed on the project by an Order of Conditions from the
Salem Conservation Commission.
b. The Clerk of the Works shall review and approve all proposed, or approved,
changes to the original Planning Board decision.
c. The Applicant shall submit a construction plan that includes a detailed sequence
and schedule of all construction activities related to the Clerk of the Works’
purview. Once the construction plan is approved, it shall be used to create a Task
Order for the Clerk of the Works.
d. No work, including blasting, demolition, excavation, and grading shall start before
an approved task order for the Clerk of the Works’ services has been agreed upon
and approved by all parties.
12. Lapse
a. The site plan review shall lapse after two years from the grant thereof if actual
construction thereof has not sooner commenced except for good cause as approved
by the Planning Board. Such approval may, for good cause, be extended in writing
by the Planning Board upon the written request of the applicant.
13. Construction Practices
a. All construction shall be carried out in accordance with the following conditions:
i. All provisions in the City of Salem’s Code of Ordinance, Chapter 22, Noise
Control, shall be strictly adhered to.
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ii. All reasonable action shall be taken to minimize the negative effects of
construction on abutters. Advance notice shall be provided to all abutters
in writing at least 72 hours prior to commencement of demolition and
construction of the project.
iii. Drilling and blasting shall be limited to Monday-Friday between 8:00 AM
until 5:00 PM. There shall be no drilling, blasting or rock hammering on
Saturdays, Sundays, or state and federal holidays. Blasting shall be
undertaken in accordance with all local and state regulations.
iv. All construction and staging will occur on site. No construction will occur
or be staged within City right of way. Any deviation from this shall be
approved by the Department of Planning & Community Development prior
to construction.
v. Prior to issuance of a demolition, foundation, or building permit, the
Applicant shall provide a detailed construction vehicle access, schedule,
and traffic plan for review and approval by the Director of Traffic & Parking
vi. Any roadways, driveways, sidewalks, or landscaping damaged during
construction shall be restored to their original condition by the applicant.
vii. All construction vehicles shall be cleaned prior to leaving the site so that
they do not leave dirt and/or debris on surrounding roadways as they leave
the site.
viii. All construction shall be performed in accordance with the Rules and
Regulations of the Planning Board, and in accordance with any and all rules,
regulations and ordinances of the City of Salem.
ix. All construction vehicles left overnight at the site, must be located
completely on the site.
x. Should contaminated materials be encountered onsite, all construction shall
take place under the direction and supervision of a Licensed Site
Professional in compliance with the rules and regulations of the
Massachusetts Department of Environmental Protection.
xi. The applicant shall promptly notify the Board of Health of any
environmental condition encountered during construction that may
adversely impact the abutters to the site.
14. As-built Engineering Plans
a. As-built Plans, stamped by a Registered Professional Engineer, shall be reviewed
and approved by the Clerk of the Works, then submitted to the Department of
Planning and Community Development and Department of Public Services prior to
the issuance of the Certificate of Occupancy.
b. The As-Built plans shall be submitted to the City Engineer in an electronic file
format suitable for the City’s use and approved by the City Engineer, prior to the
issuance of the Certificate of Occupancy.
c. A completed tie card, a blank copy (available at the Engineering Department) and
a certification signed and stamped by the design engineer, stating that the work was
completed in substantial compliance with the design drawing must be submitted to
the City Engineer prior to the issuance of the Certificate of Occupancy; as well as,
any subsequent requirements by the City Engineer.
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15. Violations
a. Violations of any condition contained herein shall result in revocation of this permit
by the Planning Board unless the violation of such condition is waived by a majority
vote of the Planning Board.
Record of Vote
The following members of the Planning Board voted six (6) in favor, one (1) abstention, and one
(1) opposed to approve the amended Site Plan Review application subject to the above-stated terms
and conditions: Chair Bill Griset, Kirt Rieder, Helen Sides, Zach Caunter, Jonathan Berk, and Josh
Turiel.
I hereby certify that a copy of this decision and plans has been filed with the City Clerk and copies are on file with
the Planning Board. The amendment to Site Plan Review, Planned Unit Development, Flood Hazard Overlay
District Special Permit, and Stormwater Management Permit shall not take effect until a copy of this decision
bearing the certification of the City Clerk that twenty (20) days have elapsed and no appeal has been filed or that if
such appeal has been filed, and it has been dismissed or denied, is recorded in the Essex South Registry of Deeds
and is indexed under the name of the owner of record is recorded on the owner’s Certificate of Title. The owner or
applicant, his successors or assigns, shall pay the fee for recording or registering.
William Griset
Chair