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248 Highland SPR & SP Decision Stamped r CITY OF SALEM PLANNING BOARD 2 ' ` E; 9 PH 1. 14 Decision Site Plan Review and Drive-Through Facilities Special Permit 248 Highland Ave and 232-234 Highland Ave(Map 8,Lot 119 and Map 8,Lot 120) March 9,2026 Re:The application of 248 Highland Ave,LLC for the property located at 248 Highland Ave(Map 8, Lot 119) and 232-234 Highland Ave (Map 8, Lot 120) in the B2 (Business Highway), Rl (Residential One-Family), and ECOD (Entrance Corridor Overlay District) Zoning Districts for Site Plan Review and a Drive-Through Facilities Special Permit in accordance with the following sections of the Salem Zoning Ordinance: Section 9.5 Site Plan Review and Section 6.7 Drive- Through Facilities. Specifically, the applicant proposes to renovate an existing 595-square-foot Dunkin Donuts building by removing one of the two existing drive-through windows and relocating the customer walk-up window.No expansion of the building is proposed. The applicant also proposes removing one of the two existing drive-through lanes and adding five(5)additional parking spaces, for a total of 11 parking spaces. Other site improvements include relocation of landscaped islands and a proposed sidewalk between customer parking and the building. Procedural History 1. An application for a Site Plan Review under Section 9.5 of the City of Salem Zoning Ordinance was made by 248 Highland Ave, LLC and filed with the Planning Board on September 18, 2025. 2. The notice of public hearing was first issued on October 2, 2025. 3. The Planning Board of the City of Salem opened the public hearing on October 16, 2025, and continued it to November 20,2025 (no testimony), December 18, 2025(no testimony), January 22,2026,February 19,2026, and March 5, 2026. 4. On November 17,2025, the City contracted with New England Civil Engineering (NECE) to provide an independent peer review of the proposed development plans including stormwater management and drainage for all discharges and connections to the City of Salem MS4 drainage system, and onsite engineering issues covered by the City of Salem "engineering rules and regulations for site plan review and building permit routing slip sign off"checklist"per the tasks identified in the revised proposal dated October 31,2025. 5. NECE provided peer review letters on January 2, 2026, and February 25, 2026. The applicant provided responses to the January 2, 2026, letter on February 9, 2026. 6. The Planning Board closed the public hearing on March 5, 2026. 7. The plans and other submission material were reviewed by the Planning Board.Throughout its deliberations, the Planning Board has been mindful of the statements of the applicants and their representatives, and the comments of the general public, all as made at the public hearing. Planning Board Decision 248 Highland Ave and 232-234 Highland Ave(Map 8_Lot 119 and Map S.Lot 120) March 9,2026 Specific Findings The Planning Board, after a public hearing and review of submitted materials and testimony, hereby finds that the proposed amendment to the previously approved project meets the provisions of the City of Salem Zoning Ordinance, Sec. 9.5 Site Plan Review and Sec. 6.7 Drive-Through Facilities as follows: Drive Through Facilities Special Permit Findings The subject property is located at 248 Highland Ave(Map 8, Lot 119)and 232-234 Highland Ave (Map 8, Lot 120). The applicant proposes renovating an existing Dunkin Donuts building and revising the drive-through layout by removing one of the two existing drive-through lanes and one of the two existing drive-through windows.Additionally,the applicant proposes five(5)additional parking spaces, relocation of existing islands and additional landscaping, pedestrian walkways, and pavement markings. These modifications to the Dunkin Donuts drive through facilities layout will improve drive-through storage, on-site parking supply, and on-site traffic and pedestrian circulation. These modifications are estimated to not have a significant impact on site-trip generation. Site Plan Review Findings The Planning Board finds that the proposed project as conditioned complies with all review criteria as identified in Site Plan Review, Sec. 9.5.6. The Plan meets accepted site planning standards and promotes standards such that the development takes place in a manner which shall in all aspects be an asset to the City. Decision In view of these findings,the Planning Board decided at a regularly scheduled meeting on March 5, 2026, by a vote of seven (7) (Helen Sides, Carole Hamilton, Jonathan Berk, Josh Turiel, Tom Furey, Zach Caunter, and Graham Wing) in favor, and zero (0) opposed to approve the proposed project subject to the following conditions: 1. Conformance with the Plan a. Work shall conform to"Special Permit Site Plan Set —Drive Through and Parking Improvements — 'Dunkin' 248 Highland Ave, Salem, MA" with the sheets listed below (the"Plans"): Drawing Title Sheet Prepared By Issued Revised No. Proposed Floor Plan K L I Aharonian &Associates 6/18/24 10/23/25 Proposed Exterior A3.1 Aharonian &Associates 3/26/25 9/10/25 Evaluations 2 Planning Board Decision 248 Highland Ave and 232-234 Highland Ave(Map 8,Lot 119 and Map 8,Lot 120) March 9,2026 Schematic Site Plan& A0.1 Aharonian &Associates 9/3/25 9/10/25 Details Existing Conditions Plan 2 of 6 Meisner Brem Corporation 9/16/25 2/9/26 -Intersection Existing Conditions Plan 3 of 6 Meisner Brem Corporation 9/16/25 2/9/26 -Site Demolition and Paving 4 of 6 Meisner Brem Corporation 9/16/25 2/9/26 Plan Site Plan 5 of 6 Meisner Brem Corporation 9/16/25 2/9/26 Detail Sheet 6 of 6 Meisner Brem Corporation 9/16/25 2/9/26 Traffic Mitigation Plan 1 of 1 Meisner Brem Corporation 9/16/25 2/16/26 2. Amendments a. Any proposed future changes to the site plan shall be submitted to the City Planner for their review, prior to any changes in the field. The submission shall include a plan sheet with all changes from the plans approved by the Planning Board bubbled, noted, and stamped by a licensed professional engineer or architect. This submission shall also include a brief narrative explaining the proposed changes. If deemed necessary by the City Planner, these amendments shall be brought to the Planning Board. Any waiver of conditions contained within shall require the approval of the Planning Board. 3. Transfer of Ownership a. In the event of the transfer of the site as a whole, within five (5) days of such transfer,the Owner shall notify the Board in writing of the new owner's name and address. The terms, conditions, restrictions, and/or requirements of this decision shall be binding on the Owner and its successors and/or assigns. 4. Site Specific Conditions a. If an HVAC unit is located on the roof or at grade on 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. b. Any dumpsters and compactors located on the site 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. c. All of the trees planted in the Entrance Corridor Overlay District (ECOD) shall have a minimum caliper of 3.5" of the tree diameter breast height (DBH)to meet the ECOD minimum standards. d. All of the curbing in the ECOD shall be vertical granite at least 6" in width.This includes all curbing around landscaped areas. 3 Planning Board Decision 248 Highland Ave and 232-234 Highland Ave(Map 8,Lot 119 and Map 8,Lot 120) March 9,2026 5. Pre-Construction Conference a. Prior to mobilizing equipment on site for the start of work, a pre-construction conference as necessary shall be scheduled with the City Planner, the City Engineer (or their designee), the Building Commissioner, the Health Agent, Tree Warden and any other departments that may be necessary. The Owner shall submit a construction schedule at the time of the pre-construction conference. The schedule shall include a description of how construction will be phased and staged and what the impacts will be to the sidewalks and roadways. 6. Traffic& Circulation a. To ensure that safe vehicular, bicyclist, and pedestrian circulation is maintained throughout construction, applicant shall submit to the City Planner, prior to issuance of a Building Permit, a plan detailing site access for construction vehicles, material delivery, debris removal, and any other vehicular activity associated with the project's construction. b. The developer shall coordinate construction activities with the City Engineer. 7. Landscaping a. An as built landscaping plan accompanied with a letter from a Registered Landscape Architect or certified arborist certifying compliance of the landscaping with the approved plan shall be submitted to the City Planner prior to issuance of the Certificate of Occupancy. b. Maintenance of all landscaping on the site shall be the responsibility of the Applicant indefinitely,its successors or assigns, and any tree or shrub that does not survive shall be replaced. 8. Maintenance a. Refuse removal, ground maintenance, and snow removal shall be the responsibility of the applicant. "Refuse removal" includes recycling, which shall be the responsibility of the owner, successors, or assigns. The owner shall provide adequate facilities to ensure all users are able to recycle their trash. Owner is to enter into a contract with a company of the owner's choice to arrange pick-up of recyclable material. A copy of this contract is to be submitted to the City Engineer. b. Winter snow in excess of snow storage areas on the site shall be removed off-site. 9. Fire Department a. All work shall comply with the requirements of the Salem Fire Department. 10. Building Inspector a. All work shall comply with the requirements of the Salem Building Inspector. 11.Board of Health The owner shall comply with the following specific conditions issued by the Board of Health: 4 Planning Board Decision 248 Highland Ave and 232-234 Highland Ave(Map 8,Lot 119 and Map 8,Lot 120) March 9,2026 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 forthe site meets the MA DEP standards fortheproposed use. c. A copy of the Licensed Asbestos Inspector's Report must be sent to the Health Agent. d. A copy of the Licensed Lead Inspector's Report must be sent to the Health Agent. e. A copy of the Demolition Notice sent to the MA DEP,Form BWPA06,must be sent to the Health Agent. f. The developer shall adhere to a drainage plan as approved by the City Engineer. g. 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. h. The developer shall submit a plan for rodent control and maintain the area free from rodents throughout construction. i. The developer shall submit to the Health Agent a written plan for dust control and street sweeping which will occur during demolition and construction. j. 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. k. The Fire Department must approve the plan regarding access for fire fighting. 1. Noise levels from the resultant establishment(s) generated by operations, including but not limited to refrigeration and heating, shall not increase the broadband sound level by more than 10 dB(A)above the ambient levels measured at the property line. m. The developer shall disclose in writing to the Health Agent the origin of any fill material needed for the project. n. The resultant establishment shall dispose of all waste materials resulting from its operation in an environmentally sound manner as described to the Board of Health. o. The developer shall notify the Health Agent when the project is complete for final inspection and confirmation that above conditions have been met. p. The proponent must have the plans for the interior renovations of this establishment approved by the Health Agent prior to beginning renovations. 12. City Engineer &Utilities a. All work shall comply with all requirements of the City Engineer. b. All work shall comply with the Engineering Rules and Regulations. c. The applicant shall comply with all the recommendations from the civil peer review letter issued by New England Civil Engineering on January 2, 2026, and February 25, 2026. d. Prior to Engineering Sipn-Off on the Demolition Permit, the Applicant Shall: i. Submit a water meter sizing worksheet to confirm the appropriate meter size for this property 5 Planning Board Decision 248 Highland Ave and 232-234 Highland Ave(Map 8.Lot 119 and Map 8.Lot 120) March 9,2026 ii. Submit a `Backflow Prevention Device Design Data Sheet"completed by a Licensed Plumber and/or Fire Protection Engineer to the City's online permitting system. iii. Provide letters to the City Engineer and Plumbing Inspector certifying whether additional backflow prevention devices are required for the proposed building. iv. Provide list of all plumbing fixtures that will be connected to the grease trap, including but not limited to 3-bay compartment sink, food preparation sink, pre-rinse sink, mop sink, and dishwasher. Include the dimensions (length, width, and depth) of each connected fixture and the calculations completed to determine the size of the proposed grease trap per FOG regulations. v. Provide signed illicit discharge statement. vi. Comply with the Salem Tree Ordinance. e. Prior to Engineering Sign-Off on the Certificate of Occupancy, the Applicant Shall: i. An as-built drawing,stamped,signed,dated by the civil design engineer of record, showing any changes made to the original design based on the completed work and shall include profiles of all City utilities (water,sewer, drain). This as-built drawing shall be submitted in two electronic file formats, PDF and CAD, suitable for the City's access and use. ii. A completed tie card (a blank template is available through the Engineering Department) for each water, sewer and drain service constructed. This tie card information should also be included on the as-built. iii. A certification letter stamped,signed, and dated by the civil design engineer of record. The letter should state that the work was completed in substantial compliance with the design documentation for which the permit(s) was (were) issued and that the systems will function as intended by the engineer's design. The letter must identify all deviations from the design drawings with an explanation for the deviation, as well as any subsequent requirements by the City Engineer to accept the deviation. iv. A copy of the operation and maintenance (O&M)manuals/plans for the on- site private stormwater management systems. These manuals/plans shall be recorded with the Registry of Deeds, along with the necessary trust documentation. 13. Engineering Clerk of the Works a. A Clerk of the Works shall be provided by the City,at the expense of the Applicant, their successors or assigns, as it is deemed necessary by the City Engineer. Accordingly, it is the understanding of the Board, the City Planner, the City Engineer, and the Applicant,that the Clerk of the Works is expected to oversee and review all civil and site improvements related to the Project, including, but not necessarily limited to: i. All utility cut and caps related to the City's Demolition Permit; ii. All new utility installations; 6 Planning Board Decision 248 Highland Ave and 232-234 Highland Ave(Map 8,Lot 119 and Map 8,Lot 120) March 9,2026 iii. All connections to, extensions of, or improvements to publicly owned infrastructure both on the Applicant's site or withing the City's right of way and any on-site stormwater or wastewater systems; iv. All new installations or modifications to existing pavement, sidewalk, and curbing; v. All site grading modifications,particularly where grade changes are two(2) feet or more; and vi. All conditions placed on the project by an Order of Conditions from the Salem Conservation Commission. b. The Clerk of the Works shall review and approve all proposed, or approved, changes to the original Planning Board decision. c. The Applicant shall submit a construction plan that includes a detailed sequence and schedule of all construction activities related to the Clerk of the Works' purview. Once the construction plan is approved, it shall be used to create a Task Order for the Clerk of the Works. d. No work, including blasting, demolition, excavation, and grading shall start before an approved task order for the Clerk of the Works' services has been agreed upon and approved by all parties. 14. Construction Practices a. All construction shall be carried out in accordance with the following conditions: i. All provisions in the City of Salem's Code of Ordinance,Chapter 22,Noise Control, shall be strictly adhered to. ii. All reasonable action shall be taken to minimize the negative effects of construction on abutters. Advance notice shall be provided to all abutters in writing at least 72 hours prior to commencement of demolition and construction of the project. iii. Drilling and blasting shall be limited to Monday-Friday between 8:00 AM until 5:00 PM. There shall be no drilling, blasting or rock hammering on Saturdays, Sundays, or state and federal holidays. Blasting shall be undertaken in accordance with all local and state regulations. iv. All construction and staging will occur on site. No construction will occur or be staged within City right of way. Any deviation from this shall be approved by the Department of Planning&Community Development prior to construction. v. Prior to issuance of a demolition, foundation, or building permit, the Applicant shall provide a detailed construction vehicle access, schedule, and traffic plan for review and approval by the Director of Traffic &Parking vi. Any roadways, driveways, sidewalks, or landscaping damaged during construction shall be restored to their original condition by the applicant. vii. All construction vehicles shall be cleaned prior to leaving the site so that they do not leave dirt and/or debris on surrounding roadways as they leave the site. viii. All construction shall be performed in accordance with the Rules and Regulations of the Planning Board,and in accordance with any and all rules, regulations and ordinances of the City of Salem. 7 Planning Board Decision 248 Highland Ave and 232-234 Highland Ave(Map 8,Lot 119 and Map 8,Lot 120) March 9,2026 ix. All construction vehicles left overnight at the site, must be located completely on the site. x. Should contaminated materials be encountered onsite, all construction shall take place under the direction and supervision of a Licensed Site Professional in compliance with the rules and regulations of the Massachusetts Department of Environmental Protection. xi. The applicant shall promptly notify the Board of Health of any environmental condition encountered during construction that may adversely impact the abutters to the site. 15.As-built Engineering Plans a. As-built Plans, stamped by a Registered Professional Engineer, shall be reviewed and approved by the Clerk of the Works, then submitted to the Department of Planning and Community Development and Department of Public Services prior to the issuance of the Certificate of Occupancy. b. The As-Built plans shall be submitted to the City Engineer in an electronic file format suitable for the City's use and approved by the City Engineer, prior to the issuance of the Certificate of Occupancy. c. A completed tie card, a blank copy(available at the Engineering Department)and a certification signed and stamped by the design engineer, stating that the work was completed in substantial compliance with the design drawing must be submitted to the City Engineer prior to the issuance of the Certificate of Occupancy; as well as, any subsequent requirements by the City Engineer. 16. Violations a. Violations of any condition contained herein shall result in revocation of this permit by the Planning Board unless the violation of such condition is waived by a majority vote of the Planning Board. 17. Lapse a. The site plan review shall lapse after two years from the grant thereof if actual construction thereof has not sooner commenced except for good cause as approved by the Planning Board. Such approval may, for good cause, may be extended in writing by the Planning Board upon the written request of the applicant. Record of Vote The following members of the Planning Board voted seven (7) in favor and zero (0) opposed to approve the Site Plan Review and Drive-Through Facilities Special Permit application subject to the above-stated terms and conditions: Helen Sides,Carole Hamilton,Jonathan Berk, Josh Turiel, Tom Furey, Zach Caunter, and Graham Wing. 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 Site Plan Review and Drive-Through Facilities 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 appealhas been filed or that if such appeal has been filed,and it has been dismissed or denied,is recorded in the Essex South 8 Planning Board Decision 248 Highland Ave and 232-234 Highland Ave(Map 8,Lot 119 and Map 8,Lot 120) March 9,2026 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. Sarah Tarbet l Vice Chair 9