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CLARK AVE DEPARTMENTAL COMMENTS - PLANNING C\cac�4-lv2 7.7 t l 1 � I RECEIVE® SERAFINI, DARLING & CORRENTI, LLP JAN 05 ;rL ATTORNEYS AT LAW �A 63 FEDERAL STREET OEPT OFPtANNWGB SALEM. MASSACHUSETTS 01970 COMMUNITYOEVELOPMENT JOHN R. 9ERAPINI. 9R. January 5,2016 TELEPHONE JOHN E.OARLINO 978-744-0212 JOSEPH C. CORRENTI FACSIMILE 978.741.4683 Amanda Chiancola,Staff Planner City of Salem Department of Planning and Community Development 120 Washington Street Salem,Massachusetts 01970 Re: Clark Avenue Subdivision Dear Ms.Chiancola: Below please find the applicant's responses to your letter dated October 28,2015. For ease of reference,we have kept the same format as your letter with our responses directly below each comment. As we move forward in addressing each of these issues,we look forward to further discussions with the Planning Board and staff. SKhC. rrenti JCC:dI cc: client October 28, 2015 i Joseph C. Correnti Serafini, Darling &Correnti, LLP 63 Federal Street Salem, MA 01970 RE: Clark Avenue Subdivision Dear Mr. Correnti: In reviewing the application of NSD Really Trust, I have flagged several issues that are identified below. I wanted to notify you in advance to enable your client to best prepare for the Board meeting. As you noted in the application, a Subdivision and Cluster Development (herein i referred to as Chapel Hill) was approved for 25 lots in 2008 and the decision has since expired (Attachment 1). The Chapel Hill decision is enclosed for your reference as it.is cited herein. A. Planning Board Comments September 17, 2015 Planning Board Meeting 1. The Planning Board requested the developer to make the open space into a feature of this development and place it such that it is clearly accessible for community use rather than just for use by the private properties. Response: A revised plan was presented to the Planning Board at its meeting on December 17, 2015 showing Open Space#1 and#2 with access through a trail system to both spaces. These revisions continue to be discussed with the Planning Board. October 15, 2015 Planning Board Meeting 1. The Planning Board requested a Landscape plan to better understand the buffer between the existing and proposed development Response: Landscape Architect Doug Jones presented his plans to the Board at its December 17, 2015 meeting detailing the entranceway into the subdivision, street landscaping and discussing the trail into the Open Space. 2. The Planning Board requested for you to consider whether there is an altemative location for the detention basin proposed on lot 12 since it currently abuts the neighbor. Response: Alternative locations for the detention basin proposed on Lot 12 have been considered but the Project Engineer continues to believe that this location works best and, most importantly, will not adversely impact any abutters. 3. An abutter provided public comment that contends that the existing undeveloped public way through the project site is land court protected and cannot be altered. Please provide a response to this comment. Response: All of the site is registered land, which falls under the jurisdiction of the Land Court The existing paper street shown on the land court plans is proposed to be altered, as shown on the recent Planning Board filing. A petition to alter this land court paper street will be filed with the Land Court requesting the street be altered to reftect the proposed plans. 4. During public comment, abutters expressed concern with how project will affect the existing access to Clark Avenue and existing blind spots. Please note that staff is following up with the Police Department regarding these concerns. It would be helpful if you would also comment with mitigation suggestions. Also, Section B(5) of this letter details the conditions of approval in the Chapel Hill Subdivision approval. 2 i Response. The applicant has met with City department heads concerning the off site mitigation and then: is ongoing coordination with the City Engineer concerning line of site improvements at the existing blind spots, including boulder removal once permission is obtained from the private property owner. The applicant agrees to penbrm this work once permission is obtained. I B. DPCD Comments i 1. Per Sheet 6 of the plans submitted on August 27, 2015, the maximum height of the proposed residences is 35 feet. Please note that pursuant to Section 7.2.4(1) of the Salem Zoning Ordinance, no structure shall exceed two and one-half (2.5) stories. Should the Planning Board approve the project, this requirement will be incorporated as a condition of approval. Response: It is understood and agreed that the 2.5 story maximum shall be a condition of approval 2. The ownership of the Open Space should be clarified as being under the ownership of the Homeowners Association and granting conservation easements for the residents of Salem to have access for passive recreational activities. Response: A Homeowners Association shall be created for the subdivision and the required access to the Open Space, in compliance with Zoning Ordinance requirements, will be built into such documents. 3. Pursuant to Section 7.2.5 of the Salem Zoning Ordinance, at least 20 percent of total tract area shall be set aside as common land and shall consist of usable open space. Such common land shall not contain more than fifty (50) percent wetlands or slopelands (herein defined as land with slopes of 15%or greater), nor shall it include streets, ways and parking areas. a. Please identify the benefits of the open space parcels and how residents will access the open space. It appears that the connection to the Salem Conservation land is an important component of the benefit of this open space. b. It is unclear how to access Open Space No. 2, thus it appears to be unusable. Please delineate access to the open space and the location of trailheads if proposed. c. The maintenance of the trails and Open Space are not currently defined. d. The plans note that+/-211,858 sq. ft. of open space is provided. Please provide a breakdown of the net open space to demonstrate that at least 75,054 square feet? of the open space does not include wetlands, slopelands, streets,ways or parking areas. 3 I Pursuant to CI of Salem Zoning Ordinance Section 7.2.5. 20% of the Total Tract Area 750,538 sq ft = 150,108 sq. ft. 50% of the Required Open Space Area 150,108 sq.ft. = 75,054 sq. ft. Response (a-0: Open Space calculations, as well as connections to the abutting conservation land and between Open Space #1 and #2 have been delineated in a plan dated December 16, 2015 and submitted to the Planning Board at its December 17, 2015 meeting. See attached Memorandum of Williams & Sparages dated December 30, 2015. Calculations of net open space per the terms of the Ordinance will be provided by the applicant. e. The project is going to necessitate the clearing of vegetation within the open space area to accommodate the proposed erosion control elements of the plan.Will these areas be revegetated? Response (e): Areas that are cleared will be revegitated and such work will be performed in the least disruptive manner possible. 4. The Chapel Hill project included traffic safety3 mitigations measures. Please clarify whether the following mitigation measures, or aftemative mitigation measures are proposed: a. A crosswalk which will lead from the end of the sidewalk on the northeasterly side of Clark Avenue to the sidewalk on the southwesterly side of Clark Avenue (which continues to the intersection with Clark Street). Response: Agreed. b. A stop sign at the intersections of Clark Ave. and Clark Ave. Extension, Clark Ave and Woodlands Avenue. Response: Agreed. 3 Pursuant to Section IV(A)(1)(a) of the City of Salem Subdivision Regulations, all streets in the subdivislon shall be designed so that, in the opinion of the Planning Board, they will provided safe vehicular travel. 4 ' c. A center line on a portion of existing Clark Avenue to guide motorists through the bend. i The striping and signage shall be installed as shown on the 'Traffic Improvement Plan", dated February 13, 2008, prepared by Eastern Land Survey Associates. Response: A new plan produced by the current Project Engineer will be submitted to the Board for review and will include shiping and signage. d. Vertical granite curbing along the existing bituminous concrete sidewalk at the northerly end of Clark Avenue from the end of the existing granite curbing on Clark Avenue northerly to the intersection of Clark Avenue and Clark Street. Response: A new plan was submitted to the Board at its December 17, 2015 meeting. e. Repair of the sidewalk as needed. Response: Agreed. f. A mirror on the existing utility pole near the bend on the existing section of Clark Avenue. Response: It is believed that the mirror is currently installed. a. Funds to remove the rock at the bend on 1 Clark Avenue and realigning the fence impeding sight distance on Clark Avenue. i. Please note that staff suggests the developer remove the rock rather than providing the City funds. Response: In lieu of providing funds, the applicant will work with the City as detailed above to address these site lines. g. A line of sight easement from 1 Clark Avenue to be granted to the City by the property owner of 1 Clark Avenue. 5. Pursuant to Section 7.2.4(2) of the Salem Zoning Ordinance, the cluster shall follow the natural contours of the terrain and respects the natural features of the site as far as possible. a. Please elaborate on how the plan conforms to the existing contours; i.e. would more cutting and filling be required if lots had to contain 15,000 s.f.? Response: If the lots were designed to meet the 15,000 square foot lot area, then there would be much more extensive cutting and filling of the land and vegetation. The 5 i realignment of the roadways and lots, as proposed, provides the least disruptive plan to the existing grades and vegetation. 6. The length of the street as a dead-end is approximately 1,000 feet from Clark Ave. to the end of Woodlands Road (cul-de-sac). Pursuant to Section IV(A)(1)(g) of the Subdivision i Regulations, dead-end streets shall not be longer than 500 feet The Chapel Hill Decision included a waiver based on the requirement for installation of sprinkler systems ' in the dwellings. Please clarify if a waiver is requested. Response: Yes, the waiver to the 500 foot maximum for dead end streets is requested and necessary. C. City Department Comments 1 . Building Commissioner a. The City of Salem Building Commissioner has expressed concern regarding the future development of lot 27 as it is predominantly zoned industrial. Please note that staff understands that Lot 27 cannot be developed as an industrial lot because its access is from Clark Avenue through the residentially zoned portion of the lot. This is based on the opinion of the Assistant City Solicitor, dated October 15, 2007 (Attachment 2). Response: This filing does not include Lot 27 in its development plans and any industrial use would not be allowed as pre-configured. Any future plans to develop the lot would come before Planning at the appropriate time. 2. Fire Department a. Per the Fire Prevention Officer's comments, there is a 8" main providing water to the project area. The Fire Prevention would like to see a hydraulic report done by a third party source agreed upon by the Fire Department defining what is needed for firefight capabilities for the subdivision. The undefined lot should be taken into consideration in this report with the maximum water supply requirements considered for potential development of the property. i. I will follow up with you after discussing this with the City Engineer to let you know whether it is necessary. Response: Water tesfing was conducted on the evening of December 17, 2015 and the results, which are favorable, are attached hereto. 3. Conservation Commission a. The Conservation Agent has determined that the project will require an order of conditions form the Conservation Commission and a Stormwater Permit in accordance with Section 37 of the Salem Ordinances. 6 I L Staff has received a hardcopy of the stormwater report and has requested New England Civil Engineer Corp to conduct a peer review of the report. Please submit an electronic copy of the report. I Response: The applicant is currently before the Conservation Commission and public hearings and a site walk are scheduled. I 4. City Engineer a. Please submit a utility plan for the City Engineer to review. b. The Subdivision and Cluster Residential Development approved at the subject location* in 2008 included offsite drainage improvements at the intersection of Clark Street and Clark Avenue. The City Engineer has recommended that the proposed project be subject to the same offsite improvements. The infrastructure improvements are itemized herein. Response (a-b): Williams and Sparages completed an existing conditions survey of the existing intersection and confirmed that the City of Salem has completed extensive roadway reconstruction. A new plan dated December 16, 2015 was prepared by W&S to address the drainage requirements at this intersection taking into consideration the existing conditions. i. The applicant shall perform an infiltration and inflow identification and removal program for the approximate 2,700 linear foot sewer system to which the proposed subdivision shall discharge sewage. The program shall be completed and flows removed to the satisfaction of the City Engineer prior to the issuance of any certificates of occupancy. All pipes collecting sewage flow and discharging to the Highland Avenue pump station shall be included in the program.The program shall be performed in strict compliance with the latest Guidelines for InfiltrationlInflow Analyses and Sewer System valuation Survey. No . such work shall commence without first meeting with the City Engineer to review the scope of work. All reports and summaries of work completed shall be reviewed by the City Engineer prior to the start of the next phase of work starting (phases are outlined in the Guidelines). It is expected that the applicant will remove all extraneous infiltration and inflow that is cost effective to remove up to an amount not to exceed a cost determined by the City Engineer, The amount of flow removed shall not be less than the amount of flow to be added by the proposed subdivision. Response: The applicant is working closely with the City Engineer in determining the necessary steps to perform an I&1 study. It is unknown at this point the quantity of 41 into the system since the City has no available studies. The applicant requests that the completion date of the program be after the issuance of the first 10 occupancy permits and not 'prior to the issuance of any certificates of occupancy" The applicant is committed to removing all obvious W from the sewer system to which the proposed subdivision shall discharge, as identified above; however, should the amount of flow to be removed not equal 7 the discharge to be added, then the applicant should not be required to search and hunt for leaks that may not exist. ii. The applicant shall complete drainage improvements at the intersection of Clark Street and Clark Avenue as depicted on the plan entitled "Clark Street Drainage Improvements", dated "January 9, 2008", revised February 13, 2008. The drainage improvements shall be completed to the satisfaction of the City Engineer, including temporary pavement of the trenches, within 30-days of work starting on the proposed subdivision site. In any event, no building permits will be issued prior to completion of these drainage improvements. Temporary paving shall remain and be maintained by the applicant, until the proposed subdivision is determined to be substantially complete by the City Engineer, at which time the applicant shall provide a full width pavement replacement program to the following limits from the center of the Clark Street/Clark Avenue Intersection: 240 feet easterly towards Barnes Road, and 30 feet westerly towards Highland Avenue. Response: A drainage improvement plan dated December 16, 2015 was submitted to the Board at its meeting of December 17, 2015. This plan addressed ii., iii. and iv. iii. The pavement replacement program applied to Clark Street shall consist of grinding and removing no less than 4 inches of the existing pavement, from curb to curb, and replacement with 2- inches (or more if necessary) of binder and 2-inches of top pavement mix approved by the City Engineer. Final grading of the top mux shall promote stormwater conveyance to the newly installed and existing drainage facilities on Clark Street and not cause any issues with existing driveways. The pavement replacement program must be completed and approved by the City Engineer prior to the issuance of any certificates of occupancy. iv. On Clark Avenue from the Clark Street/Clark Avenue intersection southerly to the existing vertical granite curbing, the applicant has agreed to patch all deficiencies and overlay with 2-inches of new pavement. This shall occur when the subdivision is deemed to be substantially complete by the City Engineer. V. If deemed necessary, prior to beginning the drainage improvement work the applicant shall file a Request for Determination of Applicability with the Salem Conservation Commission and a Notice of Intent. Response: Agreed. s S. Board of Health a. The Salem Board of Health reviewed the subdivision application at its regular meeting on October 13, 2015. The Board has voted to issue a list of conditions of approval(Attachment 3). i j Response: The applicant has received, reviewed and accepts the proposed Board of Health conditions. 5. Police Department a. The City of Salem Police Department has informed staff that they will provide traffic and safety recommendations subsequent to a site visit. Staff will be in icontact with you to arrange a site visit. Response: The applicant has yet to be contacted by the Salem Police Department, but is certainly willing and available to meet and discuss safety recommendations. If you have any questions about these issues, I would be happy to discuss them with you. Please feel free to contact me in the Department of Planning & Community Development at(978)619-5685. Amanda Chiancola Staff Planner Attachments j 1. Chapel Hill Decision 2. Opinion from the City Solicitor 3. Board of Health List of Conditions 9 A C(&:WILLIAMS MemorandumSPARAGES A'm(O{ PK4U 0111[[0 To: Salem Planning Bdoar ® T From: Peter M.Blaisdell,Jr.,P.E.,P.L.S. J Date: December 30,2015 Subject:The Woodlands Subdivision,Salem MA-Open Space 15%Slope Calculation Project Number: SALM026 Dear Members, Below is a breakdown of the provided area in Open Spaces 1 &2 with slopes less than 15% demonstrating compliance with the 10%minimum requirement. Description Open Space 1 Open Space 2 Total Area 168,388 sq.ft 135,070 sq.ft. Existing wetland area 44,100 sq.ft. 47,500 sq.ft. Area outside wetland area 124,288 sq.ft. 87,570 sq.ft. Area with 15%slope or greater 81,000 sq.ft 46,000 sq.it Provided area outside of 43,238 sq.ft 41,570 sq.ft. wetlands with less than 15% slope i Total provided-area outside wetlands with less than 15%slope: 43,2381 sq.ft.+41,5703 sq.ft=84,808±sq.ft,-85,000±%ft. Calculate 10%of Parcel Area requirement for comparison: 750,538 sq.ft.(See Definitive Plan)x 0.10=75,0543 sq.ft Required Conclusion: 85,000±sq.ft. (Provided) >75,054±sq.ft.(Required) Therefore,the project complies with the Requirement 147 Blossom Streol Lyn4 Ma.01902 Tel.(781)581-0464 Fu(781)581-2860 • i t New England Water Specialists December 18,2015 Meninno Construction 7¢Oakville Street Lynn,MA 01905 1 Hydrant Flow Test Report Date:December 17.2015 Location: 21 Clark Avenue, Salem,MA GPM gallons per minute): 850 T ro WPI(worWn prMare): 30 I Statie PSI(static ps ure): 86 I es Kidney ew England Water Specialist t >IL NEW ENGLAND CIVIL ENGINEERING CORP. 120 WASHINGTON STREET,SUITE 202E,P.O.BOX 3026,SALEM,MA 01970 PH:978.741.7401-FAX:978.741.7402-W W W,ENGINEERINGCORPORATION.COM c November 24, 2015 Ms. Amanda Chiancola Staff Planner Office of Planning and Community Development 120 Washington Street Salem, MA 01970 Re: City of Salem RFQ 0-37—On-Call Civil Engineering Support Services, Task Order No. 29 - Peer Review Services, Woodlands Subdivision (formerly Chapel Hill Estates), Salem, MA Dear Amanda: We are pleased to support the Salem Planning Board with peer review services for the above referenced project. We understand the project was scheduled to be presented at your upcoming December 3, 2015 meeting but has been continued and the discussion of utilities and stormwater will take place at a subsequent meeting. We have prepared this project status letter for your use in future meetings. Project Understanding: • NSD Realty Trust is proposing a development/redevelopment project on Clark Avenue . The project will involve construction of twenty seven(27) building lots, two (2) lots of open space, roadway buildings, parking lots, and related site work and utilities. • The project has been proposed for development/redevelopment in the past as "Chapel Hill Estates" and was approved but due to delay the approval expired. The plans and developer have both changed since previously approved project, requiring resubmission. • The City of Salem OCD will be reviewing the project for compliance with Salem Zoning Ordinance and Section 7-2 Cluster Residential Development and the Salem Subdivision Regulations. • The City of Salem requests an independent peer review of the proposed development plans and documentation including stormwater management, drainage, and on-site engineering issues covered by the Environmental Impact Statement including garbage, snow storage, etc.. • Included in the peer review will be consideration of existing and proposed utilities, sewer separation and infiltration issues. • Specific documents to be reviewed include a Cluster Residential Development and Subdivision Review Narrative(not yet reviewed, provided 11/24/15), Environmental Impact Statement(not yet reviewed, provided 11/24/15), Stormwater Permit and Stormwater Report(dated August 31, 2015), and a set of Design Drawings (10 sheets). WATER RESOURCES - BURIED INFRASTRUCTURE-PUBLIC WORKS - CONSTRUCTION ADMINISTRATION - LAND DEVELOPMENT • We understand a notice of intent has not yet been filed and wetland resource area provisions will be reviewed by the Conservation Commission and are not part of this review. • We understand the previous project was approved for this site with conditions that would require drainage improvements offsite on Clark Avenue and a capacity study of the sanitary sewer system tributary to the pumping station on Highland Avenue(near Walmart), including removal of all cost-effective, extraneous flows equal to, or greater than the proposed sewer flows from the Woodlands Subdivision development. We also understand there is a question about adequacy of fire flows. It is not clear at this time if this project will be subject to the same conditions and include the same improvements as the previous project, so a review of offsite utilities serving the project and adjacent areas are not included in the scope of this peer review. Review Comments: • Submittal Package o The Woodlands Subdivision design plans, 10 sheets (8/25/15) o Stormwater Report & Mitigative Drainage Analysis(08/31/15) o Cluster Residential Development and Subdivision Review Narrative (Not yet provided) o Environmental Impact Statement (Not yet provided) o Stormwater Management Permit(City of Salem, Planning Dept.) o Drainage Alteration Permit(City of Salem, Engineering Dept.) o Previous Design Plans, Chapel Hill Subdivision, 13 sheets (10/26/07) o City Engineer Memorandum (12/20/07) o Previous Planning Board Decision(03/03/08) Status=Ongoing, Stormwater Management Permit application, Drainage Alteration Permit application, Environmental Impact Statement, and Cluster Residential Development and Subdivision Review Narrative to be submitted for review. Site Development Plans • Lot 27, Utilities Sheet 1 of 10, Lot 27 It is not clear what future plans are for Lot 27 (148,000 so, as no drainage calculations or utility connections relating to this site are incorporated into this project. Status= Unresolved, Request Applicant clarify plans for this proposed Lot 27, as they relate to impacts on the proposed water, sewer, and drainage utilities in the development. • Open Space and Access Sheets 1 and 6 of 10 o Similar to the Chapel Hill subdivision plans, 3+acres of open space is proposed on the north side of property and public access is provided to Open Space 1 in three locations with a constructed access trail. The Woodlands subdivision plans propose an additional 3+ acres of open space on the south side of the property, but it is not clear how public will access Open Space 2. A single access location is provided around the back of Lot 27 and no access trail is proposed. NEW ENGLAND CIVIL ENGINEERING CORP. Page 2 of 7 o Items 9, 11, 12 from previous decision require access to Open Space and trail construction, but restricts access trail construction to be completed without earthwork or machines, current proposed access trial involves removal of existing soils, and replacement with 3" minus stone (Sheet 5 of 10). Proposed construction is within the 100-foot buffer zone of resource area and downgradient of proposed erosion and sedimentation control barrier(Sheet 6 of 10). Status =Unresolved, Request clarification if previous requirements are applicable to this project with respect to access to open space and construction of access trail, and recommend layout be confirmed with Conservation. • Connection to Existing Utilities Sheets 4-7 of 10 o Connectivity of City of Salem water and sewer utilities on Clark Avenue and Clark Avenue Extension is not clear near points of proposed connection to the end of the cul-de-sac. o City typically requests triple gate valves at points of connection to City water mains. o Items 13 and 14 from previous decision require improvements and/or studies to identify improvements to existing sewer and drainage utilities serving and in the vicinity of the project area, but information about proposed improvements is not included in the Status= Unresolved, Recommend Applicant revised proposed water connection to include triple gate valves and coordinate with City Engineering Department regarding capacity and improvements to the existing drain and sewer utilities. • Proposed Utilities Sheets 4-7 of 10 o Proposed water and sewer services are not shown on the plans, and should be included to demonstrate 10-foot separation. o Proposed water and sewer main layouts may need to be modified, to provide 10-foot separation in some areas, in particular in areas between large double catch basin structures. o City typically requires triple gate valve connections at intersections, no gate valves are proposed at South Ridge Circle intersection. o Items 16 and 22 from previous decision require sprinklers in accordance with NFPA 13D standards, plans should be revised to show separate fire service connections and valving to meet this standard and City standards. Status= Unresolved, Recommend Applicant revise plans to address proposed utility comments as appropriate. • Proposed Topography and Detention Basins Sheets 4-7 of 10 Spot grades along tops of forebay and basin embankments (high points between topographic contours) are referenced in report but not shown on plans, nor are forebay spillway elevations. Recommend additional elevations be added to plans to facilitate construction. Status= Ongoing, Recommend Applicant provide additional elevations to plans for constructability. NEW ENGLAND CIVIL ENGINEERING CORP. Page 3 of 7 • Lighting Item 19 from previous decision describes street lighting requirements. A street lighting plan is not included in the design drawings. Status= Unresolved, Request clarification if previous requirements are applicable to this project with respect to street lighting(and other miscellaneous issues in Items 15 and 16), and revise design plans to include street lighting and additional information as required. • Irrigation Plan An irrigation plan is not provided on utility drawings, Applicant to confirm if irrigation is proposed and provide additional information about irrigation plan piping, connection to City water main, and backflow prevention and metering. Status=Ongoing. Applicant to confirm and/or provide additional information. • Snow Storage Plan for snow storage is not clear on plans if applicable. Status=Ongoing. Applicant to confirm if snow storage is need and will be provided. • Details Sheets 8, 9, and 10 of 10 o Item 17 from previous decision requires sidewalks with vertical granite curbs, and requires the sloped granite curb detail be removed from the plans. Plans do not clarify material for proposed sidewalks, City typically looks for concrete walks. Plans still include sloped granite curb detail which must be removed. o Typical fire hydrant detail appears to be missing water main line type on CAD. o Detail for proposed ADA ramp does not appear to allow for ramp alignment across intersections and along crosswalks. o Detail for rip rap embankment includes 4" perforated underdrain, location of underdrain piping is not shown on plans. o Foundation underdrain detail shown on Sheet 5, foundation underdrain piping is not shown on plans. o Trail detail shown on Sheet 5 requires equipment and excavation, refer to previous comments about open space trails. o Numerous street trees (43) proposed along subdivision within grass strip. Grass strip appears to be approximately 2-feet wide between curb and sidewalk. Tree detail identifies root ball and size of excavation which do not appear to fit within grass strip. Recommend sidewalk layout be modified to 3 to 5-foot minimum width per City standards, and/or to include tree pits to facilitate trees. o Cul-tec recharger detail provided on Sheet 9. Layout of recharger on Sheet 4 identifies a 4" outlet pipe at elevation 124.94'. The outlet pipe and piped discharge location is not identified on the detail or the layout. NEW ENGLAND CIVIL ENGINEERING CORP. • Page 4 of 7 o A single, generic outlet control structure provided for reference without pipe sizes and elevations. Recommend specific details for outlet control structures be provided for each of the four basins for constructability. Status= Unresolved, Recommend Applicant revise plans to address construction detail comments as appropriate. Permits and Environmental Impact • Environmental Impact Statement Status=Unresolved, Applicant to provide permit application and narrative. • Drainage Alteration Permit (Engineering Dept.) Project includes a number of fill areas, including proposed cuts of approximately 20-feet and fills of approximately 16-feet. As a result, the project requires a drainage alteration permit from Salem Engineering Department. Status= Unresolved, Applicant to provide permit application and narrative. • Stormwater Management Permit (Planning Dept.) Status= Unresolved, Applicant to provide permit application and narrative for review. Stormwater and Drainage • Mitigative Drainage Analysis o Page 3, Catchment Mapping: Pre and Post development drainage catchment area delineation mapping was not provided for reference as part of the submittal package. Sheets 7 and 8 identify pre and post-contours and a single set of proposed flow arrows, but due to the extent of contour changes(20 foot cuts an 16 foot fills) it is difficult to visualize the changes to runoff patterns. It is also not clear if or how this project is influenced by runoff from adjacent property to the east. Status=Ongoing, Request Applicant provide pre and post-catchment delineation maps identifying the limits of all runoff entering or leaving the project area including adjacent land if applicable. • Mitigative Drainage Analysis o Page 1 of 20: Required and provided volumes are confusing between table provided on page 1, 2, 9, and 10. Request clarification or explanation of the information provided. o Page 7, Pond 1: volume table references elevation 131, plans appear to show bottom at 132'. Request clarification. o Page 9, Pond I: storage depth listed at 0.75', plans appear to show 132.5'-132'=0.5'. o Page 9, Pond 2: storage depth listed at 0.50', plans appear to show 128.5'-128.5'=0'. o Page 10, Pond 4: storage depth listed at 1.0', plans appear to show 117.5'-1 17=0.5' o Page 10, CultTec system: volume calculated as open void between 124.94' and 122.4', plans appear to show stone layer below 122.9' which may reduce volume. NEW ENGLAND CIVIL ENGINEERING CORP. Page 5 of 7 Status= Unresolved, Request clarification on comments listed above and whether reduced volumes if applicable will impact the mitigative drainage analysis. • Emergency Overflow Page 4, Pond 1: It is not clear where emergency overflow from pond 1 spillway will flow, appears to be opposite direction of planned discharge. Status= Unresolved, Applicant to clarify. • Long Term Pollution Prevention Plan o Page 1, Paragraph II states assumption that the City of Salem will assume full responsibility of continuing the operation and maintenance of the stormwater management system. Item 8 of previous decision states that a homeowner's association will have several responsibilities including maintenance of the stormwater management system which is in conflict. Status=Unresolved, Applicant to clarify who will be responsible for the operations and maintenance program for all the stromwater BMPs which is quite extensive. • Operations and Maintenance Plan o O&M Plan does not appear to include Sediment and Oil Separator. o O&M Plan does not appear to include sediment forebays and removal of sediment from forebays and detention basins if applicable. o Design of detention basins does not appear to provide vehicular access to the forebays and detention basins for maintenance, which are obstructed by walls or steep slopes in some places. o Maintenance of sub-surface infiltrators on page 2 requires the crushed stone and cul-tec chambers to be removed and replaced once sediment accumulates 3", which would represent a significant cost if required. Status= Ongoing, request clarification on 0&M plan for all BMPs, access to BMPs to facilitate maintenance, and responsible party for the operations and maintenance program for all the stromwater BMPs which is quite extensive. • Stormwater Checklist: Page 4 states Project is otherwise subject to Stormwater Standards only to the maximum extent practicable, Page 7 states that Standard 7 is not applicable which appears to be in conflict. Status=Ongoing, Applicant to clarify. • Pre and Post Runoff- Standard 2 (Page 5) Pre and post runoff analysis provided for 2, 10, 100 year storm events and calculations predict ates that pre and post-development runoff rate requirements are met. Status= Resolved. • Groundwater Recharge—Standard 3 (Pagesl, 2, 9, 10) NEW ENGLAND CIVIL ENGINEERING CORP. Page 6 of 7 Calculations predict recharge requirements met, however request clarification of required and provided recharge volume calculations in previous comments. Status= Unresolved, pending response to previous comments. • Water Quality—Standard 4 TSS removal tables narrative details that pre-treatment is provided prior to infiltration BMPs and 80%TSS removal provided by BMP trains, (providing maintenance is performed). Status=Resolved. If you have any questions or require additional information, please do not hesitate to contact me at any time on my cell phone at 978-767-5415 or at my Salem office at 978-741-7401. Sincerely, William M. Ross, P.E. Project Manager/Principal Engineer New England Civil Engineering Corp. Cc: David Knowlton, City Engineer Lynn Duncan, Amanda Chiancola, Salem Planning OCDP Clients/Saletn/Woodlands/11242015letter NEW ENGLAND CML ENGINEERING CORP. Page 7 of 7 NEW ENGLAND CIVIL ENGINEERING CORP. 120 WASHINGTON STREET,SUrrE 202E,P.O.BOX 3026,SALEM,MA 01970 PH:978.741.7401-FAX:978.741.7402—W W W.ENGINEERINGCORPORATION.COM r a October 19, 2015 Ms. Amanda Chiancola Staff Planner Office of Planning and Community Development 120 Washington Street Salem, MA 01970 Re: City of Salem RFQ 0-37—On-Call Civil Engineering Support Services,Task Order No. 29 - Peer Review Services, Woodlands Subdivision (formerly Chapel Hill Estates), Salem, MA Dear Amanda: I greatly appreciated the opportunity to meet with you last week to briefly discuss the opportunity to provide Peer Review Services on behalf of the City of Salem, in support of the proposed"Woodlands Subdivision"development on Clark Avenue in Salem, MA. At your invitation, we have prepared this Task Order—Letter Proposal to provide peer review services of the proposed development. Project Understanding: • NSD Realty Trust is proposing a development/redevelopment project on Clark Avenue . The project will involve construction of twenty seven (27)building lots, two (2) lots of open space, roadway buildings,parking lots, and related site work and utilities. • The project has been proposed for development/redevelopment in the past as "Chapel Hill Estates" and was approved but due to delay the approval expired. The plans and developer have both changed since previously approved project, requiring resubmission. • The City of Salem OCD will be reviewing the project for compliance with Salem Zoning Ordinance and Section 7-2 Cluster Residential Development and the Salem Subdivision Regulations. • The City of Salem requests an independent peer review of the proposed development plans and documentation including stormwater management, drainage, and on-site engineering issues covered by the Environmental Impact Statement including garbage, snow storage, etc.. • Included in the peer review will be consideration of existing and proposed utilities, sewer separation and infiltration issues, and adequacy of existing utilities to serve the project. • Specific documents to be reviewed include a Cluster Residential Development and Subdivision Review Narrative (not yet provided), Environmental Impact Statement(not yet provided), Stormwater Permit and Stormwater Report(dated August 31, 2015), and a set of Design Drawings (10 sheets). WATER RESOURCES - BURIED INFRASTRUCTURE-PUBLIC WORKS - CONSTRUCTION ADMINISTRATION - LAND DEVELOPMENT • We understand a notice of intent has not yet been filed and wetland resource area provisions will be reviewed by the Conservation Commission and are not part of this review. • At this time, we have not reviewed the current development proiect or previous development project designs for this location, and have prepared the following scope of work and budget under the assumption that the current submission requires peer review as a stand-alone project. • We understand the previous project was approved for this site with conditions that would require drainage improvements offsite on Clark Avenue and a capacity study of the sanitary sewer system tributary to the pumping station on Highland Avenue (near Walmart), including removal of all cost-effective, extraneous flows equal to, or greater than the proposed sewer flows from the Woodlands Subdivision development. It is not clear at this time if this project will be subject to the same conditions and include the same improvements as the previous project, so a review of these offsite improvements and/or studies are not included in the scope of this peer review. SCOPE OF WORK: Task 1) Review existing City of Salem utility plans and information in the vicinity of the proposed Woodlands Subdivision on Clark Avenue and adjacent streets. Task 2) Review previous City of Salem development review letter(s) and Planning Board conditions of approval for previously approved project. Task 3) Attend meeting with City Engineer to discuss specific City concerns to be addressed in the peer review, including concerns and conditions from previous City Engineer review. Task 4) Review and compare/contrast previous development plans with current revised development plans, including building size and locations, parking and paved surface areas and configurations, grading and topography, and drainage infrastructure onsite as well as City of Salem infrastructure impacts. Task 5) Complete site visit to observe the number and location of existing sewer and drainage structures, existing topography and impervious areas, and existing structures as shown on"Definitive Plan & Profile, Sheets 4 and 5, by Williams & Sparages Engineering. Task 6) Review Project Narrative and Environmental Impact Statement(not yet provided) and Stormwater Report prepared by Williams & Sparages Engineering. Task 7) Review site development plans prepared by Williams & Sparages Engineering. Review proposed on-site stormwater management system, pre and post-development runoff calculations, and stormwater quantity and quality issues. Review calculations for projected sanitary sewer flows, hydraulic calculations for proposed sanitary sewer design, and layout of proposed water and sanitary sewer piping. Task 8) Attend up to one (1) meeting with engineering representatives of Williams& Sparages Engineering to review the findings of the site walk and review of the documents summarized in Task 6. NEW ENGLAND CIVIL ENGINEERING CORP. Page 2 of 5 Task 9) Prepare Letter Report summarizing findings of the record search, site walk, document review, and meeting described in Tasks 1-8 above. Task 10) Attend up to one (1) meeting with Staff Planner and City Engineer to discuss findings of Letter Report. Task 11) Plan for and attend up to one (1) Planning Board public hearings to present findings of peer review. Expanded SCOPE OF WORK: Task 12) If requested by the City of Salem, provide additional engineering services as required to complete additional site visits,review additional project plans and documents beyond those described above, and attend additional meetings or public hearings. PROJECT BUDGET: Compensation for the Scope of work described in Task 1 through Task 11 shall be made based on periodic accrual invoices (time and materials), not to exceed the amount of Four Thousand Eight Hundred Dollars ($4,800.00) without written authorization from the City of Salem. Task 12 will be completed on an accrual (time and materials)basis at an hourly rate of$88.00 to $160.00. Written direction from the City of Salem will be required to expand scope of services. PROJECT SCHEDULE: New England Civil Engineering Corp. will complete the Scope of Services described in Task 1 through Task 1 above within 20 working days following receipt of written authorization to proceed and copies of all documents to be reviewed as described above. PAYMENT TERMS: Periodic invoices will be submitted to the Client and will be based on percentage completion of individual tasks as described above. Invoices are payable within fourteen(14) days of receipt and approval by Client. EXPENSES: The method for charging expenses, sub-contracted or supplemental services is 1.15 x the actual cost of the direct expense. ACCEPTANCE: This Task Ordered letter proposal, in conjunction with the reference Contract RFQ 0-37 issuance of Notice to Proceed dated June 3, 2013, will serve as an"Agreement to Professional Services". Please sign this proposal in the space provided and return one executed copy to my attention at your earliest convenience to initiate the project. We have provided five execution lines for City of Salem authorization to proceed but will be happy to revise or append the format of this letter with additional signature lines at your request. NEW ENGLAND CIVIL ENGINEERING CORP. Page 3 of 5 L_ __ If you have any questions or require additional information,please do not hesitate to contact me at any time on my cell phone at 978-767-5415 or at my Salem office at 978-741-7401. We thank you for the opportunity to work with the City of Salem and look forward to building on our successful and rewarding parte rship moving forward. n JV Sincerely, William M. Ross, P.E. Project Manager/Principal Engineer New England Civil Engineering Corp. NEW ENGLAND CIVIL ENGINEERING CORP. Page 4 of 5 Task Order No. 29 Authorization: Kimberley Driscoll Date: Ma or , V L n Duncan, AICP Date: Director of Planning and Developm t Stanton Date: Finance Director Whitney Haskell Date: Pur ha g Agent Elizabeth Rennar Date: City Solicitor NEW ENGLAND CIVIL ENGINEERING CORP. Page 5 of 5 l 1 October 28, 2015 Joseph C. Correnti Serafini, Darling & Correnti, LLP 63 Federal Street Salem, MA 01970 RE: Clark Avenue Subdivision Dear Mr. Correnti: In reviewing the application of NSD Realty Trust, I have flagged several issues that are identified below. I wanted to notify you in advance to enable your client to best prepare for the Board meeting. As you noted in the application, a Subdivision and Cluster Development (herein referred to as Chapel Hill) was approved for 25 lots in 2008 and the decision has since expired (Attachment 1). The Chapel Hill decision is enclosed for your reference as it is cited herein. A. Planning Board Comments September 17, 2015 Planning Board Meeting 1. The Planning Board requested the developer to make the open space into a feature of this development and place it such that it is clearly accessible for community use rather than just for use by the private properties. October 15, 2015 Planning Board Meeting 1. The Planning Board requested a Landscape plan to better understand the buffer between the existing and proposed development. 2. The Planning Board requested for you to consider whether there is an alternative location for the detention basin proposed on lot 12 since it currently abuts the neighbor. Page 1 of 6 3. An abutter provided public comment that contends that the existing undeveloped public way through the project site is land court protected and cannot be altered. Please provide a response to this comment. 4. During public comment, abutters expressed concern with how project will affect the existing access to Clark Avenue and existing blind spots. Please note that staff is following up with the Police Department regarding these concerns. It would be helpful if you would also comment with mitigation suggestions. Also, Section B(5) of this letter details the conditions of approval in the Chapel Hill Subdivision approval. B. DPCD Comments 1. Per Sheet 6 of the plans submitted on August 27, 2015, the maximum height of the proposed residences is 35 feet. Please note that pursuant to Section 7.2.4(1) of the Salem Zoning Ordinance, no structure shall exceed two and one-half (2.5) stories. Should the Planning Board approve the project, this requirement will be incorporated as a condition of approval. 2. The ownership of the Open Space should be clarified as being under the ownership of the Homeowners Association and granting conservation easements for the residents of Salem to have access for passive recreational activities'. 3. Pursuant to Section 7.2.5 of the Salem Zoning Ordinance, at least 20 percent of total tract area shall be set aside as common land and shall consist of usable open space. Such common land shall not contain more than fifty (50) percent wetlands or slopelands (herein defined as land with slopes of 15% or greater), nor shall it include streets, ways and parking areas. a. Please identify the benefits of the open space parcels and how residents will access the open space. It appears that the connection to the Salem Conservation land is an important component of the benefit of this open space. b. It is unclear how to access Open Space No. 2, thus it appears to be unusable. Please delineate access to the open space and the location of trailheads if proposed. c. The maintenance of the trails and Open Space are not currently defined. d. The plans note that +/- 211,858 sq. ft. of open space is provided. Please provide a breakdown of the net open space to demonstrate that at least 75,054 square feee of the open space does not include wetlands, slopelands, streets, ways or parking areas. Pursuant to City of Salem Zoning Ordinance Section 7.2.5. 2 20% of the Total Tract Area 750,538 sq ft = 150,108 sq. ft. 50% of the Required Open Space Area 150,108 sq.ft. = 75,054 sq. ft. Page 2 of 6 e. The project is going to necessitate the clearing of vegetation within the open space area to accommodate the proposed erosion control elements of the plan. Will these areas be revegetated? 4. The Chapel Hill project included traffic safety mitigations measures. Please clarify whether the following mitigation measures, or alternative mitigation measures are proposed: a. A crosswalk which will lead from the end of the sidewalk on the northeasterly side of Clark Avenue to the sidewalk on the southwesterly side of Clark Avenue (which continues to the intersection with Clark Street). b. A stop sign at the intersections of Clark Ave. and Clark Ave. Extension, Clark Ave and Woodlands Avenue. c. A center line on a portion of existing Clark Avenue to guide motorists through the bend. i. The striping and signage shall be installed as shown on the "Traffic Improvement Plan", dated February 13, 2008, prepared by Eastern Land Survey Associates. d. Vertical granite curbing along the existing bituminous concrete sidewalk at the northerly end of Clark Avenue from the end of the existing granite curbing on Clark Avenue northerly to the intersection of Clark Avenue and Clark Street. e. Repair of the sidewalk as needed. f. A mirror on the existing utility pole near the bend on the existing section of Clark Avenue. a. Funds to remove the rock at the bend on 1 Clark Avenue and realigning the fence impeding sight distance on Clark Avenue. i. Please note that staff suggests the developer remove the rock rather than providing the City funds. g. A line of sight easement from 1 Clark Avenue to be granted to the City by the property owner of 1 Clark Avenue. 5. Pursuant to Section 7.2.4(2) of the Salem Zoning Ordinance, the cluster shall follow the natural contours of the terrain and respects the natural features of the site as far as possible. a. Please elaborate on how the plan conforms to the existing contours; i.e. would more cutting and filling be required if lots had to contain 15,000 s.f.? 6. The length of the street as a dead-end is approximately 1,000 feet from Clark Ave. to the end of Woodlands Road (cul-de-sac). Pursuant to Section IV(A)(1)(g) of the Subdivision Regulations, dead-end streets shall not be longer than 500 feet. The 3 Pursuant to Section IV(A)(1)(a) of the City of Salem Subdivision Regulations, all streets in the subdivision shall be designed so that, in the opinion of the Planning Board, they will provided safe vehicular travel. Page 3 of 6 Chapel Hill Decision included a waiver based on the requirement for installation of sprinkler systems in the dwellings. Please clarify if a waiver is requested. C. City Department Comments 1. Building Commissioner a. The City of Salem Building Commissioner has expressed concern regarding the future development of lot 27 as it is predominantly zoned industrial. Please note that staff understands that Lot 27 cannot be developed as.an industrial lot because its access is from Clark Avenue through the residentially zoned portion of the lot. This is based on the opinion of the Assistant City Solicitor, dated October 15, 2007 (Attachment 2). 2. Fire Department a. Per the Fire Prevention Officer's comments, there is a 8" main providing water to the project area. The Fire Prevention would like to see a hydraulic report done by a third party source agreed upon by the Fire Department defining what is needed for firefight capabilities for the subdivision. The undefined lot should be taken into consideration in this report with the maximum water supply requirements considered for potential development of the property. i. I will follow up with you after discussing this with the City Engineer to let you know whether it is necessary. 3. Conservation Commission a. The Conservation Agent has determined that the project will require an order of conditions form the Conservation Commission and a Stormwater Permit in accordance with Section 37 of the Salem Ordinances. i. Staff has received a hardcopy of the stormwater report and has requested New England Civil Engineer Corp to conduct a peer review of the report. Please submit an electronic copy of the report. 4. City Engineer a. Please submit a utility plan for the City Engineer to review. b. The Subdivision and Cluster Residential Development approved at the subject location in 2008 included offsite drainage improvements at the intersection of Clark Street and Clark Avenue. The City Engineer has recommended that the proposed project be subject to the same offsite improvements. The infrastructure improvements are itemized herein. Page 4 of 6 i. The applicant shall perform an infiltration and inflow identification and removal program for the approximate 2,700 linear foot sewer system to which the proposed subdivision shall discharge sewage. The program shall be completed and flows removed to the satisfaction of the City Engineer prior to the issuance of any certificates of occupancy. All pipes collecting sewage flow and discharging to the Highland Avenue pump station shall be included in the program. The program shall be performed in strict compliance with the latest Guidelines for Infiltration/Inflow Analyses and Sewer System Evaluation Survey. No such work shall commence without first meeting with the City Engineer to review the scope of work. All reports and summaries of work completed shall be reviewed by the City Engineer prior to the start of the next phase of work starting (phases are outlined in the Guidelines). It is expected that the applicant will remove all extraneous infiltration and inflow that is cost effective to remove up to an amount not to exceed a cost determined by the City Engineer. The amount of flow removed shall not be less than the amount of flow to be added by the proposed subdivision. ii. The applicant shall complete drainage improvements at the intersection of Clark Street and Clark Avenue as depicted on the plan entitled "Clark Street Drainage Improvements", dated "January 9, 2008", revised February 13, 2008. The drainage improvements shall be completed to the satisfaction of the City Engineer, including temporary pavement of the trenches, within 30-days of work starting on the proposed subdivision site. In any event, no building permits will be issued prior to completion of these drainage improvements. Temporary paving shall remain and be maintained by the applicant, until the proposed subdivision is determined to be substantially complete by the City Engineer, at which time the applicant shall provide a full width pavement replacement program to the following limits from the center of the Clark Street/Clark Avenue Intersection: 240 feet easterly towards Barnes Road, and 30 feet westerly towards Highland Avenue. iii. The pavement replacement program applied to Clark Street shall consist of grinding and removing no less than 4 inches of the existing pavement, from curb to curb, and replacement with 2- inches (or more if necessary) of binder and 2-inches of top pavement mix approved by the City Engineer. Final grading of the top mix shall promote stormwater conveyance to the newly installed and existing drainage facilities on Clark Street and not cause any issues with existing driveways. The pavement replacement program must be completed and approved by the City Engineer prior to the issuance of any certificates of occupancy. Page 5 of 6 iv. On Clark Avenue from the Clark Street/Clark Avenue intersection southerly to the existing vertical granite curbing, the applicant has agreed to patch all deficiencies and overlay with 2-inches of new pavement. This shall occur when the subdivision is deemed to be substantially complete by the City Engineer. v. If deemed necessary, prior to beginning the drainage improvement work the applicant shall file a Request for Determination of Applicability with the Salem Conservation Commission and a Notice of Intent. 5. Board of Health a. The Salem Board of Health reviewed the subdivision application at its regular meeting on October 13, 2015. The Board has voted to issue a list of conditions of approval (Attachment 3). 6. Police Department a. The City of Salem Police Department has informed staff that they will provide traffic and safety recommendations subsequent to a site visit. Staff will be in contact with you to arrange a site visit. If you have any questions about these issues, I would be happy to discuss them with you. Please feel free to contact me in the Department of Planning & Community Development at (978) 619-5685. Sincerely, n j a, Amanda Chiancola Staff Planner Attachments 1. Chapel Hill Decision 2. Opinion from the City Solicitor 3. Board of Health List of Conditions Page 6 of 6 i CITY OF SALEM ` , ((3 LEGAL DEPARTMENT 93 WASHINGTON STREET•SALEM,MASSACHUSETTS 01970 TEL.978-745-9595♦ FAX:978-7441279 KIMBERIEY DRISCOL.L ELIZABETH RENNARD,FSQ. JERALO PARISEL LA,FSQ. MAYOR CITY SOLICITOR ASST.CITY SOLICITOR To: Elizabeth Rennard, city solicitor From: Jerald Parisella, assistant city solicitor RE: Chapel Hill subdivision October 15, 2007 You have requested an opinion regarding the proposed subdivision located at"Chapel Hill."The issues you would like reviewed are: (1)Whether access may be denied to a portion of the land in question because it is zoned industrial and access would have to be gained through a residential zone, (2)if access is denied is this a taking, and (3)whether upcoming meetings have to be advertised. The facts as I understand them are that the Planning Board is reviewing a proposed 26-lot single family subdivision near Clark Avenue, also known as Chapel Hill. The homes will be constructed in the R-1 district but are being proposed as a cluster development. Adjacent to the R-1 District is land zoned Industrial. It has been represented that access to the Industrial land is only available via the roadways proposed in the subdivision, and that said roadways will be located in the residential district, as shown on Definitive Subdivision Plan Chapel Hill, prepared by Eastern Land Survey Assoc. Inc., dated June 28, 2006 as revised on June 11, 2007 and August 20, 2007. The Planning Board has had several meetings regarding this subdivision and advertised its first meeting as required by M.G.L. c. 41 section 81 T. The caselaw makes it clear that access to a use is an extension of such use. Beale v. Planning Board of Rockland,423 Mass. 690 (1996), holding that access to a retail shopping center was a retail use and not permitted in a district zoned industrial. Chelmsford v. Byrne, 6 Mass.App.Ct. 848 (1978), injunction barring use of residential land in Chelmsford for access to industrial land in Lowell. See also Building Inspector of Dennis v. Harney, 2 Mass.App.Ct. 584 (1974), use of a portion of defendant's land that lies in residential zone to access commercial use not permitted by town's bylaw. It appears that this limitation applies to private ways or ways not accepted as public streets. I was not able to find a case squarely on point, but the SIC seemed to state that zoning restrictions should not apply to publicly accepted ways. "Although a municipality is subject to its own zoning regulations ... we know of no authority for the proposition that a public way, laid out by municipal action, pursuant to statute, may be used only for purposes which are permitted in the zoning district in which the public way lies. The adoption of such a rule at this time would be both surprising and disruptive throughout the Commonwealth. If the issue were before us squarely, we would ! rule that the use of a public way is not restricted by local zoning provisions." Harrison v. Textron, 367 Mass. 540 (1975). A way does not become a public way unless it has become public by one of three ways: 1. A laying out by public authority in the manner prescribed by statute(see M.G.L. c. 82); 2. By prescription; 3. prior to 1846 by dedication and acceptance. Fenn v. Town of Middleborough, 7 Mass.App.Ct. 80 (1979). Approval by the Planning Board of a subdivision does not mean that the ways in the subdivision become public ways. The principal purpose of the Subdivision Control Law is to protect the health and welfare of the community `by regulating the laying out and construction of ways in subdivisions providing access to the several lots therein, but which have not become public ways, and ensuring sanitary conditions in subdivisions and in proper cases parks and open areas' (emphasis supplied). s 81M. The Subdivision Control Law may thus be exercised only when new ways required to serve the subdivided lots themselves are required. The suggestion that the planning board's approval of the way under the statute vests some rights to use it in the plaintiffs whose lot was not within the subdivision finds no support in the statute, ! whose principal object is to ensure sufficient access to the lots within the subdivision and to provide them with municipal services. Such subdivision plans ... indicate no more than that the ways shown adequately ensure that the lots within the subdivision are sufficiently accessible so that they can be provided with municipal and other services. The Subdivision Control Law provides no authorization or implication that such approval vests any interest in these ways in the public. Dolan v. Board of Anneals of Chatham, 359 Mass. 699 (1971). It should be noted that the public ways should also be adequate to ensure safe and proper access. As noted in M.G.L. c. 41 sec. 81M, the purposes of the subdivision control law include protecting the safety, convenience and welfare of the inhabitants of the city and ensuring that access and ways in the subdivision will be safe and convenient for travel and lessen congestion in the ways of the subdivision and adjacent public ways. The Planning Board also can ensure proper coordination with the proposed ways in the subdivision with other public ways in the city and in neighboring subdivisions. See Beale v. Planning Board of Rockland. Because the plan proposed utilizes a way in the residential district to gain access to a lot in the industrial district, it is my opinion that the Planning Board may deny the plan as presented. I also believe that the Board can take into account the quality of access in and around the subdivision in determining if the plan should be approved. The second issue is whether a taking would occur if access to the Industrial-zoned land was denied. It has been represented to me that the only access to the industrial land (shown as lot 27 on Definitive Subdivision Plan Chapel Hill,by Eastern Land Surveyors, dated June 28, 2006 and revised on June 11, 2007 and August 20, 2007) is via the ways shown on the plan. The courts in Massachusetts have generally divided takings claims into "facial challenges" or"as applied"challenges. In a facial challenge the landowner must assert that the regulation leaves no reasonable use of the property. In an as applied challenge, the landowner must assert that a zoning provision,though valid generally, is unconstitutional as applied to a particular parcel when due to the peculiarities of the parcel, application of the by-law is unnecessary to accomplish the public purpose for which the ordinance was intended. First the courts will determine if the regulation serves a valid public purpose. If it does, then the court will look to see if the regulation deprives the plaintiff's land of all practical value to them or to anyone acquiring it, leaving them only with the burden of paying taxes on it. See Brobrowski, Handbook of Massachusetts Land Use and Planning section 2.05(c), citations omitted. In Beale v. Planning Board of Rockland, the SIC did note that in "the absence of an invalid purpose, courts have upheld restrictions on use in one zone even when the restrictions make access to property in another zone a physical impossibility." Turning to the issue of advertising(or re-advertising) the Planning Board meeting, it does not appear that this is necessary. Before approving a subdivision plan, the Planning Board must follow the requirements of M.G.L. c. 41 sec. 81T, which requires a public hearing. Notice of the public hearing must be given by advertisement in a newspaper of general circulation in the city and mailing a copy of the advertisement to abutters. I have been informed that this was done at the initial hearing for this project in October of 2006 and that the matter has been continued on various occasions as a result of various comments from city boards and officials and because a zoning change was required. As long as each meeting was continued with notice of the upcoming meeting(and the meetings are posted pursuant to the Open Meeting law), then I believe the notice requirements have been met. • I • CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH 120 WASHINGTON STREET,4"FLOOR PublicHeath Proms.Promote.Protect. TEL. (978) 741-1800 FAx(978) 745-0343 KIMBERLEY DRISCOLL Iramdin ,salem:com MAYOR LARRY RAMDIN,RS/REHS,CHO,CP-FS HEAL:rH AG ENT October 15, 2015 Serafini, Darling and Correnti, LLP c/o Attorney Correnti thru Amanda Chinacola, Salem Planning Department RE: Clark Avenue Assessor map 6, lots 7, 8 9 Salem MA The Salem Board of Health has reviewed your subdivision application and at its regular meeting held on October 13, 2105, also considered your presentation to the Board. The Board has voted to issue a list of conditions that must be met and the list is attached. A copy of this list will be provided to the City of Salem Planning Board. Please feel free to contact me if you have any questions at 978-741-]800 Yours Very Truly 002,16 of He ai� C NUIP,� 4 c A a 3 Larry A. Ramdin, MPH, MA, REHS, CHO, CP-FS, HHS hINEM�P� Health Agent Salem, MP BOARDOF HEALTH LIST OF CONDITIONS 1. 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. 2. 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 certifies that soil and ground water on the entire site meets.the DEP standards for the proposed use. 3. The developer shall adhere to a drainage plan as approved by the City Engineer. 4. 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 5. The developer shall maintain the area free from rodents throughout construction. 6. The developer shall submit to the Health Agent a written plan for dust control and street sweeping which will occur during construction. 7. 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. 8. The Fire Department must approve the plan regarding access for fire fighting. 9. 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. 10. The developer shall disclose in writing to the Health Agent the origin of any fill material needed for the project. 11. The resultant establishment(s) shall dispose of all waste materials resulting from its operations in an environmentally sound manner as described to the Board of Health. 12. The developer shall notify the Health Agent when the project is complete for final inspection and confirmation that above conditions have been met. 13. The developer shall install grease traps, to contain grease in gray water, prior to it entering the city sewer system in developments with 10 or more units and in compliance with the requirements of the City Engineer 14. Salem sits in a Radon Zone 1 and the risk of radon entering buildings is extremely. Therefore, the installation of radon mitigation systems are required. 15. The final construction must comply with all requirements of the Massachusetts State Sanitary code. ro. CITY OF SALEM PLANNING BOARD REQUEST FOR REVIEW COMMENTS DATE: 09/28/2015 TO: ( ) BUILDING COMMISSIONER ( ) CONSERVATION COMM ( ) TYENGINEER ( ) FIRE PREVENTION (WOARD OF HEALTH ( ) SCHOOL DISTRICT ( ) DISABILITIES COMMISSION ( ) POLICE DEPARTMENT ( ) DEPARTMENT PUBLIC SERVICES Attached please find the application referenced below. The Planning Board requests that you review this application relative to the Zoning Ordinance and/or to the Subdivision Regulations and MGL Chapter 41. We would appreciate your completing the form below and returning it to Amanda Chiancola,she can be reached byphone at 978-619-5691 or email at achiancolaasalemcom ( ) Preliminary Subdivision Plan ( ) Definitive Subdivision Plan ( ) Waiver from Frontage ( ) Drive-Through Special Permit ( ) Cluster Development ( ) Planned Unit Development ( ) Site Plan Review O Business Park Development District ( ) Wireless Communication Facilities Special Permit ( ) North River Canal Corridor Mixed Use District Special Permit ( ) Flood Hazard District Special Permit APPLICANT: Serafini,Darling and Correnti, LLP, C/o Attorney Correnti PROJECT NAME &ADDRESS: Clark Avenue, Assessors Map 6, Lots 7, 8, and 9. CONTACT PERSON: Amanda Chiancola COMMENTS DUE: Requested by 10/15/2015 for hearing that night. ( ) CONCUR WITH PROPOSAL (Explain on reverse side) ( ) NEED MORE INFORMATION(Explain on reverse side) ( ) CANNOT CONCUR WITH PROPOSAL (Explain on reverse side) (,,�60MMENTS INCLUDED 4G44;tl4 (.&iT4 a Reviewer's Signature Title Date 120 WAstrtwcroti,STREET, SALEM, NtASSACHUSE-17S 01970 - PHONE 978.619.5685 FAX 978.740.0404 W W.SALEiMMM ..4 I • CITY OF SALEM, MASSACHUSETTS . BOARD OF HEALTH 120 WASHINGTON STREET 4"'FLOOR PubPCHealth STREET, Prertor.Promote.Protect TEL. (978) 741-1800 FAx(978) 745-0343 KIMBERLEY DRISCOLL lramdin@salem:com MAYOR LARRY ItAMDIN,RS/RI-HS,CHO,CP-PS HEALTH AGL'NT October 15, 2015 Serafini, Darling and Correnti, LLP c/o Attorney Correnti thru Amanda Chinacola, Salem Planning Department RE: Clark Avenue Assessor map 6, lots 7,8.9 , Salem MA The Salem Board of Health has reviewed your subdivision application and at its regular meeting held on October 13, 2105, also considered your presentation to the Board. The Board has voted to issue a list of conditions that must be met and the list is attached. A copy of this list will be provided to the City of Salem Planning Board. Please feel free to contact me if you have any questions at 978-741-1800 Yours Very Truly Ovoa�sd of Heei GONDIrq�'� Larry A. Ramdin, MPH, MA, REHS, CHO, CP-FS, HHS 0 NF.A P� Health Agent Sa/em op, 1 BOARDOF HEALTH LIST OF CONDITIONS ' 1. 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. 2. 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 certifies that soil and ground water on the entire site meets the DEP standards for the proposed use. 3. The developer shall adhere to a drainage plan as approved by the City Engineer. 4. 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 5. The developer shall maintain the area free from rodents throughout construction. 6. The developer shall submit to the Health Agent a written plan for dust control and street sweeping which will occur during construction. 7. 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. 8. The Fire Department must approve the plan regarding access for fire fighting. 9. 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. 10. The developer shall disclose in writing to the Health Agent the origin of any fill material needed for the project. 11. The resultant establishment(s) shall dispose of all waste materials resulting from its operations in an environmentally sound manner as described to the Board of Health. 12. The developer shall notify the Health Agent when the project is complete for final inspection and confirmation that above conditions have been met. ' 13. The developer shall install grease traps, to contain grease in gray water, prior to it entering the city sewer system in developments with 10 or more units and in compliance with the requirements of the City Engineer 14. Salem sits in a Radon Zone 1 and the risk of radon entering buildings is extremely. Therefore, the installation of radon mitigation systems are required. 15. The final construction must comply with all requirements of the Massachusetts State Sanitary code. Amanda Chiancola From: David Knowlton Sent: Monday, October 26, 201S 11:11 AM To: Amanda Chiancola Subject: RE:task order thanks Amanda, i think we need to the intersections of clark st and barnes road evaluated to ensure they have the necessary capacity for the proposed traffic volumes. everything else looks great, thanks david From: Amanda Chiancola Sent: Monday, October 26, 2015 11:03 AM To: David Knowlton Subject: RE: task order I have emailed the development to make him aware that the offsite drainage improvements are expected. The developer has not been informed that a traffic engineer peer review is required. Will a full traffic study be required? I am also preparing a letter for him in which I want to outline exactly what those improvements are.The conditions below are from the previous approval, are the same improvements going to be required? 1. The applicant shall perform an infiltration and inflow identification and removal program for the approximate 2,700 linear foot sewer system to which the proposed subdivision shall discharge sewage. The program shall be completed and flows removed to the satisfaction of the City Engineer prior to the issuance of any certificates of occupancy. All pipes collecting sewage flow and discharging to the Highland Avenue pump station shall be included in the program. The program shall be performed in strict compliance with the latest Guidelines for Infiltration/Inflow Analyses and Sewer System Evaluation Survey. No such work shall commence without first meeting with the City Engineer to review the scope of work. All reports and summaries of work completed shall be reviewed by the City Engineer prior to the start of the next phase of work starting (phases are outlined in the Guidelines). It is expected that the applicant will remove all extraneous infiltration and inflow that is cost effective to remove up to an amount not to exceed a cost determined by the City Engineer. The amount of flow removed shall not be less than the amount of flow to be added by the proposed subdivision. 2. The applicant shall complete drainage improvements at the intersection of Clark Street and Clark Avenue as depicted on the plan entitled "Clark Street Drainage Improvements", dated "January 9, 2008", revised February 13, 2008. The drainage improvements shall be completed to the satisfaction of the City Engineer, including temporary pavement of the trenches, within 30-days of work starting on the proposed subdivision site. In any event, no building permits will be issued prior to completion of these drainage improvements. Temporary paving shall remain and be maintained by the applicant, until the proposed subdivision is determined to be substantially complete by the City Engineer,at which time the applicant shall provide a full width pavement replacement program to the following limits from the center of the Clark Street/Clark Avenue Intersection: 240 feet easterly towards Barnes Road, and 30 feet westerly towards Highland Avenue. 3. The pavement replacement program applied to Clark Street shall consist of grinding and removing no less than 4 inches of the existing pavement,from curb to curb, and replacement with 2-inches (or more if necessary) of binder and 2-inches of top pavement mix approved by the City Engineer. Final grading of the top mix shall promote stormwater conveyance to the newly installed and existing drainage facilities on Clark Street and not cause any issues with existing driveways. The pavement replacement program must be completed and approved by the City Engineer prior to the issuance of any certificates of occupancy. 1 4. On Clark Avenue from the Clark Street/Clark Avenue intersection southerly to the existing vertical granite curbing, the applicant has agreed to patch all deficiencies and overlay with 2-inches of new pavement. This shall occur when the subdivision is deemed to be substantially complete by the City Engineer. 5. If deemed necessary, prior to beginning the drainage improvement work the applicant shall file a Request for Determination of Applicability with the Salem Conservation Commission and a Notice of Intent. From: David Knowlton Sent: Monday, October 26, 2015 10:44 AM To: Amanda Chiancola; wmr@engineeringcorporation.com Subject: RE: task order in the last bullet, after walmart), please add "with the removal of all cost-effective, extraneous sewer Flows equal to, or greater than, the proposed sewer flows from the woodlands subdivision development' Amanda, has anyone spoken to the developer to make sure they understand both off-site improvement requirements are expected to be included in the subdivision approval? also, we need a traffic engineer to review access, etc. thanks From: Amanda Chiancola Sent: Monday, October 26, 2015 10:14 AM To: wmr(d)enoineeringcorporation.com Cc: David Knowlton Subject: RE: task order Hi Bill, I added minor comments regarding the staff review. I believe your scope is accurate, but cc'd David Knowlton in case he has any comments. Thanks, Amanda From: wmr(olenoineerinocorporation.com [mailto:wmrCalengineeringcorooration.com] Sent: Wednesday, October 21, 2015 1:38 PM To: Amanda Chiancola Subject: task order Amanda, please find attached proposal for peer review. Please advise if we over or under scoped the review based on our current understanding of the project. thanks. Bill Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal officials are public records.F4II.please refer to: http://www.see.state.ma.us/ore/preidx.htm. Please consider the euvironment before printing this email. 2 i CITY OF SALEM RECEIVED PLANNING BOARD SEP 15 2015 DEPT OF PLANNING& REQUEST FOR REVIEW COMMENTS COMMUNITY DEVELOPMENT DATE: TO: ( ) BUILDING COMMISSIONER ( )BOARD OF HEALTH ( ) CONSERVATION COMMISSION ( )SCHOOL DISTRICT ( ) CITY ENGINEER ( ) DEPARTMENT OF PUBLIC SERVICES (X ) FIRE PREVENTION ( ) POLICE DEPARTMENT Attached please find the application referenced below. The Planning Board requests that you review this application relative to the Zoning Ordinance and/or to the Subdivision Regulations and Massachusetts General Law Chapter 41. We would appreciate your completing the form below and returning it to Erin Schaeffer, Staff Planner in the Department of Planning and Community i Development. She can be contacted by phone at 978-619-5691 or e-mail at eschaeffcr(@salem.com Application for the following: ( ) Preliminary Subdivision Plan ( ) Definitive Subdivision Plan ( ) Waiver of Frontage Request ( ) Site Plan Review ( ) Planned Unit Development ( ) Cluster Development ( ) Business Park Development District ( ) Wireless Communication Facilities Special Permit ( ) North River Canal Corridor Mixed Use District Special Permit ( ) Flood Hazard District Special Permit ( ) Drive-Through Special Permit APPLICANT: PROJECT NAME&ADDRESS: Clark Ave Map 6 Parcels 7,8,9 COMMENTS DUE: Requested by Sept 17, 2015 for hearing that night. Please att(cents: ) SEE S ATTACHED CONPROPOSAL NEEFO TION ) CANWITH PROPOSAL Reviewe✓ nalare Title Date 120 WASHINGTON STREET, SALEM, MASSACHUSEI-I'S 01970 • PHONE 978.619.5685 FAX 978.740.0404 • wwW.SALEM.COM i There is at this time an 8" main providing water to this area. We would want to see a hydraulic report done by a third a ' source (whom we agree upon) defining what is needed for firefighting $ capabilities for the sub division. The undefined lot should be taken into consideration in this report with the maximum water supply requirements considered for the potential development of the property. No hammerheads adequate turning radius must be provided from Fire department spec. sheets. I i 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • PHONE 978.619.5685 FAX 978.740.0404 • WWW.SALEM.COM . CITY OF SALEM 'RECEIVED OCT 2015 PLANNING BOARD 1 � �ptns DEPT OF PLANNING 8 COMMUNITY DEVELOPMENT REQUEST FOR REVIEW COMMENTS DATE: 10/5/2015. TO: ( ) BUILDING COMMISSIONER ( ) CONSERVATION COMM ( ) CITY ENGINEER ( ) FIRE PREVENTION ( ) BOARD OF HEALTH ( ) SCHOOL DISTRICT ( ) DISABILITIES COMMISSION (0) POLICE DEPARTMENT ( ) DEPARTMENT PUBLIC SERVICES Attached please find the application referenced below. The Planning Board requests that you review this application relative to the Zoning Ordinance and/or to the Subdivision Regulations and MGL Chapter 41. We would appreciate your completing the form below and returning it to Amanda Chiancola, she can be reached by phone at 978-619-5691 or email at achiancolaC@,salem.com. ( ) Preliminary Subdivision Plan Definitive Subdivision Plan ( ) Waiver from Frontage Drive-Through Special Permit r'byCluster Development Planned Unit Development ( ) Site Plan Review ( ) Business Park Development District O Wireless Communication Facilities Special Permit ( ) North River Canal Corridor Mixed Use District Special Permit ( ) Flood Hazard District Special Permit APPLICANT: Serafini,Darling and Correnti,LLP, C/o Attorney Correnti PROJECT NAME &ADDRESS: Clark Avenue, Assessors Map 6, Lots 7, 8, and 9. CONTACT PERSON: Amanda Chiancola COMMENTS DUE: Requested by 10/14/2015, for the 10/15 hearing. CONCUR WITH PROPOSAL(Explain on reverse side) ( ) NEED MORE INFORMATION(Explain on reverse side) ( ) CANNOT CONCUR WITH PROPOSAL (Explain on reverse side) ( ) COMMENTS INCLUDED . /�4,8_4,J�Cler's Signature- ode Da(e 120 WASHINGTON STREET; SALEM,ALASSACo-nrserrs 01970 - PHONE 978.619.5635 FAX 978.740.0404 WWW.SALEM.00M CITY OF SALEM PLANNING BOARD N- J htKB REQUEST FOR REVIEW COMMENTS DATE: TO: ( )BUILDING COMMISSIONER O BOARD OF HEALTH (}CONSERVATION COMMISSION ( ) SCHOOL DISTRICT ( ) CI'TY ENGINEER O DEPARTMENT OF PUBLIC SERVICES ( ) FIRE PREVENTION ( ) POLICE DEPARTMENT Attached please find the application referenced below. The Planning Board requests that you review this application relative to the Zoning Ordinance and/or to the Subdivision Regulations and Massachusetts General Law Chapter 41. We would appreciate your completing the form below and returning it to Erin Schaeffer, Staff Planner in the Department of Planning and Community Development. She can be contacted by phone at 978-619-5691 or e-mail at cschacffer@salem.com Application for the following: ( ) Preliminary Subdivision Plan ( ) Definitive Subdivision Plan ( ) Waiver of Frontage Request ( ) Site Plan Review ( ) Planned Unit Development ( ) Cluster Development ( ) Business Park Development District ( ) Wireless Communication Facilities Special Permit ( ) North River Canal Corridor Mixed Use District Special Permit ( ) Flood Hazard District Special Permit ( ) Drive-Through Special Permit APPLICANT: PROJECT NAME&ADDRESS: COMMENTS DUE: Requested by for hearing that night. Please attach comments: r I (� SEE COMMENTS ATTACHED PrOJ c)r rtfU'0.S o� WJ".-rL Coo ( 'O,%S $1-0 . ( ) CONCUR WITH PROPOSAL 1 �" ( ) NEED MORE INFORMATION OO"� r`� t� & '� V/�L"N''s ( ) CANNOT CONCUR WITH PROPOSAL Reviemer'r ' It ar Ti[ie Date 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 - PHONE 978.619.5685 FAX 978.740.0404 - WWW.SALEM.COM Amanda Chiancola From: Thomas St. Pierre Sent: Thursday, October 08, 2015 4:59 PM To: Amanda Chiancola Subject: Re: Request for Comments Almenda &Clark Amanda, I have no other concerns.Thank you Sent from my iPhone On Oct 8, 2015, at 4:57 PM, Amanda Chiancola <achiancola(c@Salem.com>wrote: Hi Tom, Based on some background information that Erin provided me, it is my understanding that your only concern with Clark Avenue is the future development of lot 27. Do you have any additional comments on the Clark Avenue Projects? I appreciate your time and comments. Best, Amanda From: Amanda Chiancola Sent: Monday, October 05, 2015 9:05 AM To: Thomas St. Pierre Ce: Erin Schaeffer Subject: Request for Comments Almenda &Clark Hi Tom, How are you?There are two Form C subdivision applications on the Planning Board Agenda;Almeda Street and Clark Avenue. I attached a Review sheet for each of the projects for you to complete as both project are pending Building Commission Comments. Erin has told me you are familiar with both projects, but if you need any additional information regarding the two projects please let me know. Best, Amanda Chiancola Staff Planner Department of Planning&Community Development 120 Washington Street, 3`d Floor Salem, Massachusetts 01970 <image001.gif> Please note the Massachusetts Secretary of:State's office has determined that most emails to and from municipal officials arc public records. FiMI please refer to: http://www.sec.state.nia.us/pre/preidx.htin. Please consider the environment before printing this email. 1 <REQUEST FOR REVIEW COMMENTS Clark.doc> z