PB_Hawthorne Boulevard - decision stamped - 2020.06.01 � s
;• CITY OF SALEM
PLANNING BOARD CITY CUERK
5, - ." MASS
Decision
Site Plan Review and Municipal or Religious Reuse Special Permit
13 Hawthorne Boulevard
(Map 35,Lot 0287-0)
June 1,2020
Findings and Decision
Re: Application of North Shore Community Development Coalition for the property located at
13 Hawthorne Boulevard(Map 35, Lot 0287-0) for Site Plan Review and Municipal or Religious
Reuse Special Permit.
Procedural History
1. On February 13, 2020 the North Shore Community Development Coalition filed the
above referenced application with the Planning Board.
2. The application proposed the conversion of the former parochial school into 29 housing
units and approximately 4,500 square feet of studio, workrooms, galleries, and meeting
space. There are 7 parking spaces on the premises for visitors. The applicant proposes
that the required 29 parking spaces for the residential units will be reserved in nearby
municipal parking facilities.
3. The Planning Board of the City of Salem opened the public hearing on Thursday, March
5, 2020. The hearing was continued to April 16, 2020, May 7, 2020, and May 21, 2020.
The public hearing was closed on May 21,2020.
4. Throughout the public hearing, 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.
5. As described in its April 27, 2020 letter to the Planning Board, the Salem Historical
Commission voted unanimously on April 15, 2020 to issue a positive recommendation
without special conditions.
6. As described in its April 25, 2020 letter to the Planning Board, the Salem Design Review
Board voted unanimously on April 22, 2020 to issue a positive recommendation without
special conditions.
Planning Board Decision
13 Hawthorne Boulevard
June 1,2020
The Planning Board fords that the development meets the criteria of the Site Plan Review and
Municipal or Religious Reuse Special Permit as stated in the Salem Zoning Ordinance, as
follows:
Specific Findings
A. The Planning Board hereby makes the following findings pertaining to the City of
Salem Zoning Ordinance,Sec. 6.11 Municipal or Religious Reuse Special Permit:
The subject property is located within the R2district,which allows issuance of such a Special
Permit. The building meets the eligibility requirements of section 6.11.3 since it is over 4,000
square feet in size, more than 50 years old at the time of the application, and was used as a
religious school for at least 20 years at some point in the last 50 years. The proposed use of
the building for multifamily residential and related commercial purposes are among the uses
allowed by Special Permit under Section 6.11.5.
The one space per dwelling unit parking requirement in Section 6.11.8 of the Zoning Code
will be satisfied by reserving 29 spaces in a municipal parking facility within the vicinity of
the property.
B. The Planning Board hereby makes the following findings pertaining to the City of
Salem Zoning Ordinance,Sec. 9.5 Site Plan Review:
The Planning Board finds that the proposed project complies with all review criteria as
identified in Site Plan Review, Sec. 9.5.6. The plan meets accepted site planning standards
and promotes such 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 the foregoing, the Planning Board hereby finds that the aforesaid project meets all the
requisite criteria. Therefore, the Planning Board hereby grants a Site Plan Review Municipal or
Religious Reuse Special Permit and Site Plan approval for at 13 Hawthorne Boulevard Street in
accordance with the terms and conditions stated below.
1. Conformance with the Plans
a. Work shall conform to the following project plans for 13 HAWTHORNE BLVD,
SALEM HISTORIC SCHOOLS, NORTH SHORE COMMUNITY DEVELOPMENT
COALITION, INC., prepared by Icon Architecture and Nitsch Engineering, dated
2/13/2020, revised 4/28/2020 and 5/14/2020 (Civil Plans), sheets C-100, C-200, C-300,
C-400, C-500, C-600, C-700, C-701, C-702, C-703, C-704 and 13 HAWTHORNE
BLVD, SALEM HISTORIC SCHOOLS, NORTH SHORE COMMUNITY
DEVELOPMENT COALITION, INC., prepared by Icon Architecture, cover dated
2/23/2020 (Architectural Plans), sheets A-101, A-102, A-103, A-104, A-105, A-201, A-
202,A-800,A-800B (all individual sheets dated 8/31/2018).
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2. Amendments
a. Any further amendments to the site plan shall be reviewed by the City Planner and if
deemed necessary by the City Planner, 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. Salem Design Review Board
a. As described in its April 25 letter to the Planning Board, the Salem Design Review voted
unanimously on April 22, 2020 to issue a positive recommendation without special
conditions.
5. Salem Historical Commission
a. As described in its April 27, 2020 letter to the Planning Board, the Salem Historical
Commission voted unanimously on April 15, 2020 to issue a positive recommendation
without special conditions.
6. Affordable Housing
a. A minimum of 25%percent(eight)of the total units shall be affordable to a household of
one or more persons whose maximum income does not exceed eighty(80) percent of the
area median income, adjusted for household size, or as otherwise established by DHCD
guidelines for these eight affordable units to be eligible to be included in the Subsidized
Housing Inventory (SHI), for a period of ninety-nine (99) years as secured by a duly
recorded deed restriction.
7. Traffic
a. The owner shall tender $14,500 to the City of Salem Transportation Enhancement Fund
(TEF) prior to issuance of a Certificate of Occupancy. The TEF will be used by the city
for transportation network services relating to infrastructure and or operation of the
transportation network.
b. Bicycle parking shall be provided for residents and visitors prior to certificate of
occupancy and shall be maintained in perpetuity. The type, quantity, and location of the
bicycle parking shall follow the City of Salem Bicycle Parking Guidelines
c. Applicant shall designate two on-street parking spaces at the building entrance as a pick-
up/drop-off zone, subject to Traffic & Parking Commission and City Council approval,
prior to issuance of Certificate of Occupancy.
8. Landscaping
a. The applicant shall replace the street tree to be removed in order to provide parking
access on Union Street with new trees prior to issuance of Certificate of Occupancy. The
quantity, species, caliper, and location of these trees shall be determined by the Tree
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Warden and, if applicable under Sec. 43 of the City of Salem Code of Ordinances, the
Tree Commission shall hold a public hearing in advance of the decision of the Tree
Warden.
b. An as built landscaping plan accompanied with a letter from a Registered Professional
Engineer or landscape architect certifying compliance of the landscaping with the
approved plan shall be submitted to the City Planner prior to issuance of the Certificate of
Occupancy.
c. Maintenance of all landscaping on the site shall be the responsibility of the Applicant, its
successors or assigns, and any tree or shrub that does not survive shall be replaced.
d. All new chain-link fencing shall be black dipped 1.0"or 0.5"chain mesh.
9. Lighting
a. A final lighting plan shall be submitted to the City Electrician for review and approval
prior to the issuance of a building permit.
b. Light trespass onto adjacent parcels/rights of way shall be avoided as indicated on the
photometric plan.
10. 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,his 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. The applicant, his successors or assignees shall use its best efforts to engage a waste
hauler for compost that will regularly accept organic wastes from onsite residents for
offsite composting. Organic wastes shall not be stored onsite in a manner that allows
nuisance conditions to develop.
c. Winter snow in excess of snow storage areas on the site shall be removed off site.
11. Fire Department
a. All work shall comply with the requirements of the Salem Fire Department.
12. Building Inspector
a. All work shall comply with the requirements of the Salem Building Inspector.
13. Board of Health
The owner shall comply with the following specific conditions issued by the 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.
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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 confirms that the site meets the DEP standards for the proposed use.
c. A copy of the Licensed Asbestos Inspector's Report must be sent to the Health Agent.
d. A copy of the Demolition Notice sent to the DEP, Form BWPAO6, must be sent to the
Health Agent.
e. The developer shall adhere to a drainage plan as approved by the City Engineer.
f. 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.
g. The developer shall submit a rodent control plan and maintain the area free from rodents
throughout construction.
h. The Developer shall submit to the Health Agent a written plan for dust control and street
sweeping which will occur during the demolition and construction.
i. 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.
j. In accordance with Board of Health Regulation #7, the developer must ensure that the
trash contractor offer mandatory recycling to the development.
k. The Fire Department must approve the plan regarding access for firefighting.
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 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.
14. City Engineer
a) Prior to applying for a building permit, applicant's licensed plumber(hereinafter referred
to as "the Plumber") shall provide a report to the City Engineer with the following
information: Where all water, sewer and drainage lines are located entering and leaving
the existing structure; determination of existing or prior use of each line, including, but
not limited to domestic, commercial or industrial use; irrigation; fire suppression; sewer,
storm drain or septic system;roof drain; or sump pump.
b) Prior to applying for a building permit, the Plumber shall evaluate the condition of
existing water service(s) for reuse and provide a letter to the City stating the findings. The
Engineer shall provide revised plans indicating which of the two existing water services
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will be maintained and which one will be cut and capped at the City main. However, if
determined that a new service is needed, the existing services shall be cut and capped at
the City's main in the street and the new service identified on the revised plan.
c) Prior to applying for a building permit, the Applicant's Massachusetts Registered
Professional Civil Engineer (hereinafter referred to as "the Engineer") shall provide
revised existing conditions plan to show the use and point of origin or discharge on each
City main, for each line identified in the Plumber's report and any other lines on the
property that may or may not be affected by the demolition or connection to the structure.
The plan should also include adjacent City utilities including size, material and depth of
inverts.
d) Prior to applying for a building permit, the Engineer shall identify the purpose of the
existing Catch Basin in the southwest corner of the property and any potential
connectivity to the City mains. If a connection is present, further investigations (CCTV
and/or dye testing)may be required, as determined by the City Engineer. Reuse will only
be only allowed if demonstrated that management of stormwater on site is not possible,
as determined by the City Engineer.
e) Prior to applying for a building permit, the applicant shall provide CCTV inspection of
existing sewer service from the building to the City main on Hawthorne Boulevard. The
Engineer shall provide a letter to the City Engineer stating the condition of the existing
sewer service line. If determined that the line needs to be replaced, a revised plan shall be
submitted showing that the existing service will be cut and capped at the City's sewer
main in the street and the line shall be replaced in accordance with said revised plans.
f) Prior to applying for a building permit, the Engineer shall provide existing and proposed
water and sewer peals demand flows.
g) Prior to applying for a building permit, the Engineer shall provide a letter to the City
Engineer stating that the City water mains to serve the proposed development have
adequate flow and pressure. Back-up data, including engineering calculations and the
results of hydrant flow tests, shall be included in the letter. Any deficiency identified in
any system shall be corrected by the Applicant, at the Applicant's expense, to the
satisfaction of the City Engineer prior to the issuance of a Certificate of Occupancy.
h) Prior to applying for a building permit, the Engineer or plumber shall provide detailed
information on the water meter location
i) Prior to applying for a building permit, the Plumber and/or Fire Protection Engineer shall
complete and submit the Backflow Prevention Device Design Data Sheet for each
proposed device. The data sheet shall be submitted to the City Engineer with a check or
money order in the amount of$100 made out to the City of Salem for the permit fee. The
City Engineer requires a containment backflow device for the building and a backflow
device for the commercial/artist space
j) Prior to applying for a building permit, Engineer shall provide a letter to the Engineering
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Department stating that the City sewer system to serve the proposed development has
adequate condition and capacity to accommodate existing and proposed sewer flows.
Back-up data, including engineering calculations and the results of all sewer inspections
and existing sewer flow measurements, shall be included in the letter. Cleaning and
CCTV inspections of the sewer main on Hawthorne Boulevard, based on PACP
standards, will be required showing the full circumference of the pipe from the point of
connection to the City sewer to the manhole at the intersection of Derby St. and
Hawthorne Blvd. (approximately 370 ft) to show the current condition of the sewer
system and determine if it is in good condition to accommodate flows from the proposed
development. A copy of the video and logs shall be submitted with the letter. Continuous
flow measurements in the existing sewer shall be taken to understand the current capacity
of the sewer system and to confu7n that the additional flow from the development can be
accommodated. Results of the flow measurement shall also be included with the letter.
Any deficiency identified in any system shall be corrected by the Applicant, at the
Applicant's expense, to the satisfaction of the City Engineer prior to the issuance of a
Certificate of Occupancy.
k) Prior to applying for a building permit, the Engineer shall provide data from field
investigations related to stormwater management including the soils evaluation from test
pits (Section 3.2 and 3.3 of the Stormwater report). A revised stormwater design shall be
submitted to the City Engineer for review and approval if testing indicates soil conditions
are different than anticipated in the submitted design.
1) Prior to applying for a building permit, the Engineer shall provide a plan showing the
underground telecommunication within the site to the City Engineer.
m) Prior to applying for a building permit, the Engineer shall provide revised detail plans
showing all drain structures with the extended bases (6-inch lip on both sides) to the City
Engineer.
n) Prior to applying for a building permit, Applicant shall clarify the narrative in section 4.2
of the Stormwater Report, confirming that the 1-inch designation is not a "storm", but
rather 1 inch of water over the impervious area of the site, which might be expressed as
1-inch rainfall depth. (The interval-based design storms do have a time designation of 24
hours— i.e. 2-year, 24-hour. In narrative, subsurface infiltration system indicates 1-inch
design storm, but does not include a duration. The dry well system indicates the "1-inch
storm, 24-hour design storm", but lists the interval-based design storms without
duration.) Applicant shall confirm whether the evaluation was performed on 1-inch
rainfall depth over impervious area, or whether a depth of 1 inch was used with a 24-hr
distribution. Additional stormwater information to be submitted to the City Engineer for
review and approval.
o) Prior to applying for a building permit, explain how the three design points discharging to
Derby Street described in Section 5.4 of the stormwater report reach the single discharge
location and how the conveyance from the design points to the discharge point is
accounted for in the calculations. (The report indicates in multiple sections three design
points; however, Table 4 provides runoff rates at a single discharge location.) This
information to be submitted to the City Engineer for review and approval.
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p) Prior to applying for a building permit, Applicant shall provide illicit discharge statement
in the O&M Plan signed by the Responsible Party.
q) Prior to applying for building permit, Applicant shall provide recommendations from the
manufacturer related to O&M of the practices.
r) Prior to applying for building permit, Applicant indicate that reporting is to be maintained
on site and available for Engineering/DPS review. (Section 3.5 indicates reporting to
Conservation Commission.)
s) Prior to applying for building permit, Applicant shall provide an inspection form that
includes a separate row for each element; for example, separate "Deep Sump Catch
Basin" from "Area Drain." Also, include a figure showing the location of each element
identified on the inspection form. Figure should clearly identify locations for inspections.
Provide information on any inspection/maintenance tasks that require special skills or
licenses. Provide contact information for vendors able to provide those skills/licenses.
15. Clerk of the Works
a. Subject to approval by the City Engineer/DPS Director and all conditions within this
section, the City Planner will evaluate whether the construction inspector required by the
Department of Housing and Community Development to oversee this project's
construction may serve as the Clerk of the Works.
b. A Clerk of the Works shall be provided by the City, at the expense of the applicant, his
successors or assigns, as it is deemed necessary by the City Planner. Notwithstanding the
foregoing,the parties acknowledge the Project shall be subject to controlled construction,
which requires oversight by a Registered Professional Civil Engineer. Accordingly, it is
the understanding of the Board, the City Planner and the Applicant, that the Clerk of the
Works, is expected to oversee and review all civil/site improvements related to the
Project, including,but not necessarily limited to:
i. all utility cut and caps related the City's Demolition Permit;
ii. all new utility installations;
iii. any connections to, extension of,or improvements to publicly owned
infrastructure both on the applicant's site or within the City's right of way
and any on-site stormwater or wastewater systems;
iv. any new installations or modifications to existing
pavement/sidewalk/curbing; and
v. any conditions placed on the project by an Order of Conditions from the
Salem Conservation Commission.
c. The Clerk of the Works shall review and approve all proposed, or approved, changes to
the original Planning Board decision.
d. It is also mutually understood that the expense associated with the Clerk of the Works
shall be for a reasonable number of hours and at a customary rate of service.
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e. The applicant shall submit a construction plan that includes a detailed sequence and
schedule of all construction activities related to the Project to the City Planner for
approval prior to starting work. The construction plan shall clearly detail the sequencing,
schedule and duration 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.
f. 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.
16. Construction Practices
a. All construction shall be carried out in accordance with the following conditions:
i. Rock crushing and material mixing shall not be allowed at the site in order to
reduce potential dust.
I All provisions in the City of Salem's Code of Ordinance, Chapter 22, Noise
Control, shall be strictly adhered to.
iii. 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.
iv. 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 holidays. Blasting shall be undertaken in accordance with all local
and state regulations.
V. 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.
vi. A construction traffic 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 permit.
vii. Any roadways, driveways, sidewalks, or landscaping damaged during
construction shall be restored to their original condition by the applicant.
viii. 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.
ix. 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.
X. All construction vehicles left overnight at the site, must be located completely on
the site.
xi. All construction activities shall be in accordance with the "Salem Police Station
Construction Management Plan".
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xii. 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.
xiii. 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.
17. As-built 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. As-built plans shall identify 1) the number, location, depth,
size and materials of all buried utilities and 2) locations and rim and invert elevations of
all manholes and structures.
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.
18. Violations
a. 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.
Record of Vote
The following members of the Planning Board voted to grant the Municipal or Religious Reuse
Special Permit and Site Plan Review approval subject to the above-stated terms and conditions:
Ben Anderson, Kirt Rieder, Helen Sides, Bill Griset, Carole Hamilton, and Matt Veno. Members
Matt Smith and D.J.Napolitano were absent and Noah Koretz abstained.
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.
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Ben J. Anderson
Chairman
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