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10 TRADERS WAY - PLANNING Spa anmdmsn+- D¢uo'n 10 lradtrs uoay - -- - — \ I `CU ' Cite of batem, fKass.9;acbu!5ettg; r Manning 39oarb One �balem Oreen Amended Decision o �—. Site Plan Review Special Permit 3 rn, a z J C:)_ r May 27,2003 c W N � J Petsmart Inc. C/o Serafini, Serafini,Darling & Correnti, LLP Attorneys at Law 63 Federal Street Salem, MA 01970 RE: Amendment to Site Plan Review Decision-Highlander Realty Trust 10 Traders Way, Salem, MA On June 5, 2003 the Salem Planning Board opened a public hearing on behalf of Petsmart Inc.,to discuss an amendment to the original Site Plan Review Decision dated May 31, 1996 for improvements to the Highlander Realty Trust, located at 10 Traders Way, Salem MA. The plan to improve a portion of the plaza to include a Petsmart store was presented at the regularly scheduled meeting of the Planning Board of the City of Salem held May 15, 2003. The Public Hearing closed on May 15, 2003. At a regularly scheduled meeting of the Planning Board held on May 15, 2003, the Board voted by a vote of(9) in favor(Power, Puleo, Moustakis, Durand, Sullivan,Weiner, Cullen, Lombardini, and Collins), (0)opposed,to approve the amendment as complying with the requirements of Site Plan Review pursuant to Section 7-18 of the Salem Zoning Ordinance. The decision to approve this amendment to the original site plan decision approved on May 31, 1996, does not eliminate any of the conditions or requirements of that decision. All conditions and requirements of that decision are still in effect. One Salem Green, Salem, Massachusetts 01970 (978) 745-9595 ext.311 Fax (978) 740-0404 1 Petsmart, Inc. May 27,2003 -2 The approval of the Board subject to the following conditions: 1. Conformance with the Plans Work shall conform to the amended plan entitled, "Former Sears Hardware, 10 Trade Way, Salem, Massachusetts,' prepared by Appledore Engineering Inc., Pease International 3 Tradeport, 15 Rye Street, Suite 305, Portsmouth,NH, 03801 and dated April 18, 200T__ 2. Amendments Any additional amendments to the site plan shall be reviewed by the City Planner andw m3 deemed necessary by the City Planner, shall be brought to the Planning Board. Any w rver v of conditions contained within shall require the approval of the Planning Board. 3. Utilities a. Utility installation shall be reviewed and approved by the City Engineer prior to the issuance of a Building Permit. b. Drainage shall be reviewed and approved by the City Engineer prior to the issuance of a Building Permit. 4. Signage a. Proposed signage shall be reviewed and approved by the City Planner and the Sign Review Committee. b. Signage shall be in keeping with the approved plans. 5. Traffic Circulation Because of the concerns expressed by the Planning Board,within six months from the date of the Petsmart Store opening, the Department of Planning and Community Development will review the current traffic circulation to and from the site. Currently both access points allow two-way traffic flow. If the Department of Planning and Community Development determines that two-way traffic flow is not safe, they will request the applicant to change the egress to allow for one-way flow. 6. Storage Area Petsmart Inc. will be responsible for the maintanance and appearance of the 3,000 sq. ft. "storage area" located on the west end of the building until this space.is demolished or leased to a new tenant. 7. Lighting a. No light shall cast a glare onto adjacent parcels or adjacent rights of way. c. After installation, lighting shall be reviewed by the Planning Department,prior to the issuance of a Certificate of Occupancy. 8. Construction Practices All construction shall be carried out in accordance with the following conditions: f I y Petsmart,Inc. May 27,2003-3 a. Work shall not be conducted between the hours of 5:00 PM and 8:00 AM the following day on weekdays and Saturdays or at any time on Sundays or Holidays. b. 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 construction of the project. c. Drilling and blasting shall be limited to Monday-Friday between 8:00 AM until 5:00 PM. There shall be no drilling or blasting on Saturdays, Sundays, or holidays. Blasting shall be undertaken in accordance with all local and state regulations. d. 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. e. 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. f. All construction vehicles left overnight at the site, must be located completely on the site. 9. Clerk of the Works A Clerk of the Works shall be provided by the City, at the expense of the applicant,his successors or assigns, as is deemed necessary by the City Planner. 10. Board of Health All work shall comply with the requirements of the Salem Board of Health. 11. Fire Department m All work shall comply with the requirements of the Salem Fire Department. r.) N J o➢ 12. Conservation Commission All work shall comply with the Order of Conditions issued by the Salem Conservation; ren Commission, if applicable. N v J 13. Building Inspector All work shall comply with the requirements of the Salem Building Inspector. 14. Utilities a. Underground utility installation shall be reviewed and approved by the City Engineer prior to the issuance of a Building Permit. 15. Maintenance a. Refuse removal, ground maintenance and snow removal shall be the responsibility of the developer, his successors or assigns. • Petsmart, Inc. May 27,2003 -4 b. Winter snow in excess of snow storage areas on the site shall be removed off site. 16. As-built Plans As-built plans, stamped by a Registered Professional Engineer, shall be submitted to the Planning Department and Engineering Department prior to the issuance of the final Certificate of Occupancy. 17. Violations Violations of any condition 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. 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 Special 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. wjt,�..,a Q Walter B Power, III Chairman N C: O O n-. a zc N U J �y C- Tj �7 mz Date JUN 2 U 2003 J m thereby certify that 20 days haw ew it+om the date this instrument was►ec"A #Md that NO APPEAL has been filed in gye adfice. AZ copy 4- , -, em, Mass.