155 WASHINGTON ST, 26 NEW DERBY, 31 FRONT ST - PLANNING Decision
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CITY OF SALEM
PLANNING BOARD
Site Plan Review
Decision
January 7, 2008 -
Washington at Derby LLC, c/o RCG LLC `>
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17 Ivaloo Street,Suite 100 >
Somerville,MA
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RE: 155 Washington St, 26 New Derby St, & 31 Front St (Map 34, Lots 423, 425,(426)
(The Former Salem News Property)
On Thursday, December 20, 2007,the Planning Board of the City of Salem opened a Public
Hearing regarding the application of RCG LLC under Site Plan Review for rehabilitation of the
second and third floors of two of the interconnected existing buildings on the property for
residential use, and the construction of a new four-story connected mixed-use building along
Washington and New Derby Streets. The project will retain approximately 6,000 sq ft of existing
retail use and add an additional 7,500 sq ft of new retail. The project will also include the
construction of 31 new residential dwellings;seven of the dwelling units will be in the renovation
component and 24 dwelling units will be in the new construction component.
The public hearing was continued to January 3, 2008. The Public Hearing was closed on January 3,
2008 and the Board voted at this meeting by a vote of eight (8) in favor (Puleo, Power,Kavanaugh,
Hanscom, Sullivan,Collins,Lombardini, and Ready) and none opposed,to approve the application
as complying with the requirements of Site Plan Review subject to the following conditions:
1. Conformance with the Plan
Work shall conform with the plans entitled; "Washington at Derby LLC's Mixed-Use Facility
Salem,MA" prepared by Opechee Construction Corporation, dated November 29, 2007 and
revised December 28, 2007 sheets Cl-C11.
2. Amendments
Anyamendments to the site plan shall be reviewed bythe City Planner and if deemed
substantial by the City Planner, shall be brought to the Planning Board for a vote. Any
waiver of conditions contained within shall require the approval of the Planning Board.
3. Landscaping
a. Any proposed landscaping shall be done in accordance with the approved set of
plans.
120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 0 WWW.SALEM.COM
b. After such landscaping is completed, the developer will add further landscaping if
such is requested by the City Planner.
c. A commercial grade wrought iron style fence, a minimum of four feet in height,
shall be installed at the edge of the property line between the northeast corner of
the property and the most northwesterly building in Artist's Row (currently the
Lobster Shanty).
4. HVAC
If an HVAC unit is located on the roof or site, it shall be visually screened. The method for
screening the unit shall be submitted to the City Planner for review and approval prior to
installation. Approved method for screening shall be constructed and installed prior to the
issuance of a Certificate of Occupancy.
5. Parking
a. Thirty-six (36) parking spaces are to be provided on site as shown on the approved
plans, and seven (7) parking spaces are to be leased at 76 Lafayette Street. Off-site
parking spaces are to be marked or signed as reserved for residents of 155 Washington
Street. Documentation of this shall be submitted for review and approval by the City
Planner prior to the issuance of a Certificate of Occupancy.
b. The location of off-site parking spaces maybe changed to a different facility within 1,000
feet of the development at the discretion of the Department of Planning and
Community Development.
6. Parking Contribution
The applicant has voluntarily agreed to contribute $5,000 to be used toward downtown
traffic and parking signage. Funds are to be contributed prior to issuance of a Building
Permit.
7. Washington and New Derby Plaza
The applicant has agreed to assist the City and the Department of Planning and Community
Development in developing a new design for the green space on the corner of Washington
Street and New Derby Street. A proposed design will be submitted prior to the issuance of a
building permit for the new construction component of the redevelopment.
8. Salem Redevelopment Authority
All work shall comply with the requirements of the Salem Redevelopment Authority and the
proposal is subject to final approval of the Salem Redevelopment Authority, specifically
including approval of final design details.
9. Signage
All proposed signage shall be reviewed and approved by the City Planner prior to the
issuance of a sign permit.
10. Lighting
a. No light shall cast a glare onto adjacent parcels or adjacent rights of way.
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b. A final lighting plan shall be submitted to the City Planner and the City Electrician for
review and approval prior to the issuance of a building permit. The plan shall include a
schedule for night lighting specifically in the parking lot area.
c. After installation, lighting shall be reviewed bythe City Planner and the CityElectrician
prior to the issuance of a Certificate of Occupancy.
11. Construction Practices
All construction shall be carried out in accordance with the following conditions:
a. The operation of tools or equipment used in construction or demolition work shall occur
in accordance with Salem Ordinance Section 22-2 (5): Construction and Blasting and
between the hours of 8:00 AM and 5:00 PM on weekdays and Saturdays. No work shall
take place on Sundays or holidays. The Planning Board will agree to changes in the
starting time, at the request of the applicant and if approved by a formal vote of the City
Council, as per the ordinance.
b. Any blasting, rock crushing,jack hammering, hydraulic blasting, or pile driving shall
occur in accordance with Salem Ordinance Section 22-2 (5): Construction and Blasting
and be limited to Monday-Friday between the hours of 8:00 AM and 5:00 PM. There
shall be no blasting, rock crushing,jack hammering, hydraulic blasting, or pile driving on
Saturdays, Sundays, or holidays.
c. Blasting shall be undertaken in accordance with all local and state regulations.
d. 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. The notice shall state that: "A
copy of the plans and construction management plan and schedule are on file and
available for review during normal business hours at the office of the Salem Department
of Planning and Community Development,located on the Third Floor of 120
Washington Street, 978-619-5685."
e. All construction vehicles and equipment shall be cleaned prior to leaving the site so that
they do not leave dirt and/or debris on surrounding roadways as they exit the site.
f. The applicant shall abide by any and all applicable rules, regulations and ordinances of the
City of Salem
g. All construction vehicles and equipment left ovemight at the site must be located
completely on the site.
h. No street shall be closed without prior approval of the Department of Planning and
Community Development,unless deemed an emergency by the Salem Police
Department.
12. Construction Traffic &Phasing
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a. All construction will occur on site; no construction will occur or be staged within City
right of way. Any deviation from this shall be approved by the Department of Planning
&Community Development prior to construction.
b. A construction traffic/phasing management plan and schedule shall be submitted to the
Department of Planning &Community Development for review and approval prior to
the issuance of a building pemnit.
c. Any roadways,driveways, or sidewalks damaged during construction shall be restored to
their original condition by the applicant.
d. The applicant shall clean construction vehicles before they exit the construction site, and
clean and sweep all streets affected by their construction truck traffic as necessary.
13. Clerk of the Works
A Clerk of the Works shall be provided by the City, at the applicant, his successors or
assigns'expense, as is deemed necessary by the CityPlanner.
14. Salem Health Department
All work shall comply with the requirements of the Salem Health Department.
15. Board of Health
The owner shall complywith the following specific conditions issued bythe Board of
Health:
a. The individual presenting the plan to the Board of Health must notify the Health Agent
of the name, address, and telephone number of the project (site) manager who will be
on site and directly responsible for the construction of the project.
b. If a DEP tracking number is issued for this site under the Massachusetts Contingency
Plan, no structure shall be constructed until the Licensed Site Professional responsible
for the site meets the DEP standards for the proposed use.
c. The developer will give the Health Agent a copy of the 21E report.
d. The developer shall adhere to a drainage plan as approved by the City Engineer.
e. 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.
f. The developer shall maintain the area free from rodents throughout construction
g. The developer shall submit to the Health Agent a written plan for dust control and
street sweeping which will occur during construction.
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h. 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.
i. The Fire Department must approve the plan regarding access for fire fighting.
j. 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.
IL The developer shall disclose in writing to the Health Agent the origin of any fill material
needed for the project.
1. The resultant establishment shall dispose of all waste materials resulting from its
operation in an environmentally sound manner as described to the Board of Health.
in. The developer shall notify the Health Agent when the project is complete for final
inspection and confirmation that above conditions have been met.
16. Office of the City Engineer
The applicant,his successors or assigns shall comply with all requirements of the City
Engineer.
17. Fire Department
a. All work shall complywith the requirements of the Salem Fire Department.
b. Prior to the issuance of a Building Permit , revised plans shall be submitted to the
Department of Planning and Community Development showing an eighteen(18) foot
wide entrance on Front Street as required by the Salem Fire Department.
c. The applicant shall seek approval from the City of Salem Cemetery& Shade Tree
Department to remove the street tree on the right side of the entrance, which would
prohibit an 18-foot entrance in this location. The applicant shall be responsible for
any costs and meetings associated with this process, as well as the cost of tree
replacement if required.
18. Office of the Building Commissioner
All work shall comply with the requirements of the office of the Salem Building
Commissioner.
19. Utilities
Any utility installation shall be reviewed and approved by the City Engineer prior to the
issuance of a Building Permit.
20. Maintenance
a. Refuse removal, ground maintenance and snow removal shall be the responsibility of the
applicant,successors, and assigns.
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b. Winter snow in excess of snow storage areas on the site shall be removed off site.
c. Maintenance of any landscaping shall be the responsibility of the applicant, his
successors or assigns. The applicant, his successors or assigns, shall guarantee all trees
and shrubs for a two-year period.
d. The owner and/or condominium association shall be responsible for trash pickup.
21. As-built Plans
As-built plans, stamped by a Registered Professional Engineer,shall be submitted to the
Department of Planning and Community Development and City Engineer prior to the
issuance of the final Certificate of Occupancy both in hard copy and in electronic file format
suitable for the City's use and approved bythe City Engineer
22. 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 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 Decision 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.
Charles NL Puleo
Chair
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Cc: Cheryl LaPointe, City Clerk X11-c
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