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
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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.
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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:
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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
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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;
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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.
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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
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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
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