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CITY OF SALEM, MASSACHUSETTS
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BOARD OF APPEAL
120 WASHINGTON STREET. 3Ro FLOOR
f SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595
FAX: 978-740-9846 n
KIMBERLEY ORISCOLL p ,
MAYOR 1
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August 24, 2006 cr F
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Decision
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Petition of Salem Lafayette Development, LLC requesting Variances frog
Height and Number of Stories for the property located at 135 Lafayette
Street, R-3 District City of Salem Zoning Board of Appeals
A public hearing on the above petition was opened on August 23, 2006 pursuant to Mass
General Law Ch. 40A, Sec. 11, the following Zoning Board members present: Robin
Stein, Annie Harris, Beth Debski, Stephen Pinto, Bonnie Belair.
The petitioner Salem Lafayette Development,LLC is requesting variances pursuant to
section 9-5 to allow for construction of a six-story residential building as part of a
Planned Unit Development located at 135 Lafayette Street, Salem, in the Multi-Family
Residential (R-3) zoning district.
The petitioner is requesting variances from the forty-five (45) foot maximum height
requirement of the City of Salem Zoning Ordinance (Sec 6-4,Table I) to approximately
sixty-five (65) feet, and from the three and one-half(31/x) stories maximum height
requirement to six (6) stories for the new construction of a multi-use building with
seventy-five (75) residential units and an approximately 18,000 sq.ft. Community Life
Center on the first floor.
The Board of Appeals, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the Petition submitted, makes the following
findings of fact:
1. The property at 135 Lafayette Street is within the R-3 zoning district.
2. The Petitioner was represented by Attorney Joseph Correnti, 63 Federal
Street, Salem, MA.
3. A set of proposed plans were presented along with a rendering of the building.
The applicant stressed that the plans and rendering were preliminary and will
change. The site is the former home of St. Joseph's Catholic Church and
school, and includes a rectory and convent buildings.
4. Evidence was presented at the hearing that the Petitioner has met with the
abutting neighborhood associations, the Ward Councilors, City agencies, and
Historic Salem, Inc. on numerous occasions throughout the past year to
discuss the site and proposed plans. Meetings were also held over a period of
time with City officials, as well as the Planning Department.
5. Mayor Kimberly Driscoll addressed the Board and spoke in favor of the
project, citing the City's detailed involvement with the development due to the
proposed construction of a Community Life Center within the project and the
great need for mixed income housing and the community benefit, as well as a
City benefit that the Life Center provided.
6. A number of abutters and Salem residents, along with several members of the
City Council, were present to speak in favor of the project, including Ward 1
Councilor Lucy Corchado, Council President Jean Pelletier, and Councilor at
Large Joan Lovely. Councilor Mike Sosnowski cited the density of the site as
a concern, but generally spoke in favor of the affordable housing component
of the project. Councilor Matt Veno was unable to attend the meeting, but
submitted a letter supporting the project.
7. Councilor Corchado presented a petition with 140 signatures of neighbors that
support the proposed development. Michael Whelan and Claudia Chuber,
former Councilor of the Ward, spoke in favor of the project on behalf of the
Salem Harbor CDC.
8. A representative of the Point Neighborhood Association stated that the
Petitioner has met with them several times regarding the plans and that the
Association supports the project. The Association is involved in the
immediate neighborhood affected by the project.
9. Community members speaking against the project were mainly concerned
with density and the relocation of the existing senior center.
10. The Petitioner is presently before the Planning Board seeking a Planned Unit
Development Special Permit and Site Plan Review.
1:. ThZ Petitioner presented evidence pertaining to the history institutional use
on the site and the history of height of the buildings on the site over the past
100 years, two of which were taller than the proposed structure.
12. Evidence was presented by the Petitioner regarding the hardship resulting
from the uniquely large size of the lot, 2.6 acres, compared to others in this
district.
13. Evidence presented by the Petitioner demonstrated special conditions and
circumstances exist surrounding the history of use on this lot, including the
fact that four structures presently exist on the lot, the oldest two of which will
remain in the proposed plan.
14. Testimony of the Mayor and various elected officials clearly demonstrated
that the proposed plan and building will offer community benefits, including
mixed income housing, and a Community Life Center owned and operated by
the City of Salem, creating special circumstances which are not found on
other lots in the district.
15. Evidence was presented in support of the requested variances indicating that a
certain minimum number of market rate units are necessary in order to support
the 45 below market units proposed for the new structure, and that without six
stories; the lot could not be developed for residential use. A local developer
testified that he would need to construct at least 8 stories to make the project
profitable. A hardship exists which requires a height variance in order to
provide the high level of public benefit being proposed. The need for
affordable housing was stressed by the Mayor, City officials and various
citizens.
On the basis of the above findings of fact, including all evidence presented at the public
hearing, including, but not limited to, the Petition the Zoning Board of Appeals concludes
as follows:
1. The petitioner's request for variances to allow for a maximum height of
approximately sixty-five (65) feet and six (6) stories does not constitute a
substantial detriment to the public good.
2. The requested relief does not nullify or substantially derogate from the intent
or purpose of the zoning ordinance.
3. The petitioner's lot size and coverage do not generally occur in the district and
are specific to their land.
4. A literal enforcement of the zoning ordinance would create a substantial
hardship to the petitioner.
5. In permitting such change, the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
In consideration of the above, the Salem Board of Appeals voted, five (5) in favor(Stein,
Pinto, Hams, Debski, Belair) and none (0) opposed, to grant the request for a variance,
subject to the following terms, conditions, and safeguards:
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. All requirements of the Salem Fire Department relative to smoke and fire
safety shall be strictly adhered to.
3. Petitioner shall obtain a building permit prior to beginning any construction.
4. Certificates of Occupancy are to be obtained.
5. Certificates of Inspection, as required, shall be obtained.
6. Petitioner shall obtain street numbering from the City of Salem Assessor's
Office and shall display said number so as to be visible from the street.
7. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
8. The proposed new construction shall not exceed six stories or 65 feet in
height.
9. At least thirty-five percent (35%) of the dwelling units on the site shall be
marketed as affordable or below market rates.
10. That the principal use of the first floor of the new building be a municipal use
to include a Community Life Center.
11. That the former rectory and school buildings existing on the site shall be
reused in the proposed project. pp ��,,
st7.Ct.. Abti
Robin Stein
Salem Zoning Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY
CLERK
Amoea!from this decision, if any,shall be made pursuant to Section 17 of the Massachusetts General Laws
Chapter 40A,and shall be filed within 20 days of filing of this decision in the office of the City Clerk.
Pursuant to the Massachusetts General Laws Chapter 40A,Section 11,the Variance or Special Permit
granted herein shall not take effect until a copy of the decision bearing the certificate of the City clerk that
20 days have elapsed and no appeal has been filed,or that, if such appeal has been filed,that it has been
dismissed or denied and is recorded in the South Essex Registry of Deeds and indexed under the name of
the owner of record or is recorded and noted on the owner's Certificate of Title.
v
CITY OF SALEM, MASSACHUSETTS
� . .,
BOARD OF APPEAL
§
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01 970
sP°' TELEPHONE: 978-745-9595
0°I FAX: 978-740-9846
KIMBERLEY DRISCOLL
MAYOR
March 8, 2007
tr T�
Decision
Petition of Salem Lafayette Development , LLC requesting
Comprehensive Permit for the property cn o
at 135 Lafayette Street p F'
City of Salem Zoning Board of Appeals Ln
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A public hearing on the above petition was opened on February 12, 2007 and continued to
February 21, 2007 pursuant to Massachusetts General Law Ch. 40B. The following Zoning
Board members were present: Nina Cohen,Richard Dionne, Steven Pinto,Elizabeth Debski,
Bonnie Belair and Annie Harris.
The petitioner, Salem Lafayette Development,LLC, sought a Comprehensive Permit under MGL
Chapter 40B to allow the renovation of the former rectory and school buildings, and the
construction of a new six-story building for the property located at 135 Lafayette Street, Salem,
in the Multi-Family Residential (R-3)zoning district.
The Board of Appeals,after careful consideration of the evidence and testimony presented at the
public hearing, and after thorough review of the Petition submitted,makes the following findings
of fact:
1. Salem Lafayette Development LLC, a Massachusetts limited liability company with an office
c/o Planning Office for Urban Affairs, Inc., 84 State Street, Suite 600,Boston, Massachusetts
02109 (together with its successors and assigns,the "Applicant") has requested that the
Board issueurs
p uant to Massachusetts General Laws, Chapter 40B ( Chapter 40B ) a
comprehensive r enslve rer>Yit for the construction of a three-building, multi-family apartment/
condominium complex with approximately 18,400 square feet of community space(the
"Development") on 2.6 acres of land located at the intersection of Lafayette Street and
Harbor Street in Salem, Massachusetts consisting of a parcel shown on Assessor's Map 34 as
Parcel 0307(the "Property"). The Applicant submitted to the Board a formal application on
January 24,2007 accompanied by preliminary civil engineering and architectural plans for
the Development(the "Application"). As to environmental matters, the Applicant
submitted to the Board an Environmental Site Assessment prepared by DeRosa
Environmental Consulting, Inc. dated October 26, 2004.
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2. The Applicant has complied with the procedural requirements of Chapter 40B, Section 21 for
submission of an application for a comprehensive permit. The Applicant requested a
comprehensive permit pursuant to Chapter 40B because the Development qualifies as low-
and/or moderate-income housing as defined in Sections 20-23 of Chapter 40B. The Property
is located in an R-3 zoning district under the City of Salem Zoning Ordinance (the "Zoning
Ordinance"). The Applicant has submitted a list of provisions under the Zoning Ordinance
with which the Development will not comply, including, without limitation, exceptions
related to permitted uses, height, density, off-street parking, site plan review and
development permits.
3. The Board conducted public hearings on the Application on February 12, 2007, and February
21, 2007.
4. As part of its deliberations, the Board found that there exists a need for the production of new
affordable housing, given certain facts including but not limited to the following: The City
of Salem FY 07 One—Year Action Plan describes the tremendous local need for additional
affordable housing and makes funding the production of new affordable rental housing units
a priority. The following are among the factors contributing to this need, as identified in the
aforementioned document:
a. The waiting period for a standard applicant for Salem Housing Authority/State
housing for families is 4-5+ years or more;
b. A family waiting for Section 8 will wait 3+ years;
c. 24.6% of Salem homeowners are paying thirty percent or more of their income in
monthly housing costs (and, as such, are housing cost burdened);
d. 35.5% of Salem renters are paying thirty percent or more of their income in
monthly housing costs (and, as such, are housing cost burdened);
e. The housing homeowner vacancy rate is .9% and the rental vacancy rate is 2.5%,
indicating that the supply of available housing in Salem is dramatically low; and
f. The demand for subsidized housing far exceeds the supply. People on waiting
lists for units or vouchers must wait several years before an opening is available.
In addition to the above, 43.7% of homeowners in the Point Neighborhood experience
housing cost burdens (as compared to the 24.6% Citywide noted above) and, according to the
2000 Census, 49%of housing units in Salem are owner occupied as compared to 15.5%
owner occupied housing units in the Point Neighborhood. Regarding income information as
an indicator of need, the median household income in Salem, based upon the 2000 Census,
was $44,033, and a household at this income could afford to spend approximately$1,100 per
month on housing expenses. The median income for the Point Neighborhood was $26,691,
and a household at this income could afford to spend $677 per month on housing expenses.
5. This comprehensive pen-nit requires that the Development be constructed in compliance with
the standards of the Massachusetts Building Code. Furthermore, the conditions of this
comprehensive permit require the design of the Development to incorporate features to
mitigate potential impacts on the health and safety of the occupants of the Development and
occupants of the neighborhood.
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6. The Applicant will own the Development through a single purpose entity that will be a
limited dividend organization eligible to receive a subsidy under the federal low income
housing tax credit program (the "LIHTC Program") and the federal HOME Investment
Partnerships Program (the "HOME Program"), both administered by the Massachusetts
Department of Housing and Community Development ("DHCD"); therefore, the Applicant is
an eligible recipient of a comprehensive permit. The Applicant has shown evidence of its
interest in the Property sufficient to qualify it as a recipient for a comprehensive permit.
7. During the course of the hearing on the Application, the Board took testimony from
interested citizens and received correspondence from various boards including the Planning
Board, the Board of Health, the City Engineer, the Inspector of Buildings, the Conservation
Commission, and the Fire Department. The correspondence incorporated by reference the
results of several months of review and study of the Development by City boards and
departments in connection with related applications for the Development.
On the basis of the above findings of fact, including all evidence and testimony presented at the
public hearing, including, but not limited to the Petition, the Zoning Board of Appeals concludes
as follows:
1. The Applicant has met the various requirements of Chapter 40B and the regulations
promulgated thereunder regarding the status of the Applicant.
2. In permitting said Comprehensive Permit, the Board of Appeals requires certain
appropriate conditions to best ameliorate the issues raised by the construction of the
Development, as well as responding to other potential concerns regarding health and
safety of the occupants of the Development and of occupants of the neighborhood. The
Board finds that the conditions as noted below will serve to best protect the community
and the health and safety of the occupants of the proposed Development.
In consideration of the above, the Salem Board of Appeals voted, five (5) in favor(Cohen,
Dionne, Debski, Belair, Harris) and none (0) opposed, to grant the Comprehensive Permit to the
Applicant under the provisions of G.L. c. 40B, §§20-23 for the construction of up to 67 units of
multi-family apartment and condominium housing at the Property(with such increases allowed
by Condition#32 below), currently estimated to include 30 apartment units and 15 condominium
units in a new four-story building, 8 condominium units in the rehabilitated former rectory
building, and 14 condominium units in the rehabilitated former school building. The new
four-story building is also expected to contain approximately 18,400 square feet of community
space. The Board approves all exceptions to the Zoning Ordinance requested in the Application
and required to construct the Development substantially in accordance with the Plans, subject to
and conditioned upon the following requirements captioned "Conditions of Approval":
Conditions of Approval
1. Conformance with Plans; General. The Development shall conform to the plans
listed on Exhibit A attached hereto, copies of which are on file with the Board
(the 'Plans"), as they may be modified in the process of preparing construction
drawings in conformance with the conditions set forth below. Any approvals
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required under the conditions listed below shall be made in a timely manner and
in the event of any conflict among any of the boards or officers required to give
approvals under the conditions listed below or between the Applicant and any
such board or officer, the Board will have authority to resolve any such conflict.
2. Number of Units. Except as provided in Condition#32 below, no more than
67 total dwelling units shall be constructed in a multi-family complex consisting
of three (3) residential buildings as identified in the Plans. The unit types and
• bedroom mix will be substantially in accordance with the Plans, provided that the
Applicant shall be permitted to reduce the size of the Development by eliminating
units of one or more different types and bedroom sizes.
3. Affordability. As required by Chapter 40B, no less than twenty-five percent of
the units approved for the Development shall be affordable in perpetuity to
individuals and/or families earning not more than eighty percent (80%) of the area
median income for the Boston Metropolitan Statistical Area, as defined by HUD
on an annual basis ("Qualified Households"). In addition to the foregoing, the
Applicant has agreed that at least an additional 10% of the units approved for the
Development shall be affordable in perpetuity to Qualified Households, for a total
level of affordability of at least thirty-five percent (35%). The affordable units
shall be located in the new four-story building to be constructed on the Property.
4. Salem Resident Preference. During the initial lease-up/sale period, Salem
residents who properly apply for lease/purchase of an affordable unit and who
meet all qualification requirements for acceptance as determined by the Applicant
shall receive a preference for 70% of the affordable units at the Development, to
the extent permitted under state and federal fair housing laws and applicable
subsidy programs. After such initial lease-up period, qualified Salem residents
shall have a preference as stated above for 70% of the affordable apartment units
as they become available for re-leasing, provided no one is ahead of such Salem
resident on an established waiting list. For purposes of this Condition #4, the
term"Salem residents" shall mean:
(a) Current City Resident: at least one member of the applicant's household is
currently a resident of the City of Salem; or
(b) Family Connection to the City:
• At least one member of the applicant's household is a parent or child of a
Current City Resident or
• At least one member of the applicant's household is a parent of a child
enrolled in a Salem public school system (K-12) at the time of the application;
or
(c) Current or Retired City Employee:
• At least one member of the applicant's household is a current employee of the
City, or
• at least one member of the applicant's household is a former employee of the
City who (a) had been employed by the City and (b) at the time of the
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application is retired and receiving retirement benefits as a result of
employment by the City
5. Limited Dividend Owner. The Applicant may convey the Development to one or
more single purpose entities each of which will qualify as a limited dividend
organization under the requirements of the applicable subsidy program. Each
such entity shall enter into a regulatory agreement or equivalent title restriction
with DHCD, pursuant to which the affordability of the Development is required to
be maintained in accordance with Chapter 40B standards. The terms and
conditions of this permit shall be binding on each such single purpose entity and
on any subsequent owner of the Development.
6. Duration of Affordability. The affordability requirements in this comprehensive
permit shall remain in effect so long as the Development is not in compliance
with the requirements of the Zoning Ordinance as then applicable to the Property.
7. Marketing Plan. The Applicant shall develop a marketing plan for the affordable
units, said plan to (a) conform to any and all affirmative action requirements or
other requirements as imposed by federal or state regulation, (b) conform with the
local preference requirement set forth in Condition#4 above, and (c) include
marketing directed towards senior citizens, including marketing through the
organizations listed on Exhibit B attached hereto. Such marketing plan shall be
submitted to the Department of Planning and Community Development, which
shall review the plan for compliance with this Condition. If necessary, the
Applicant shall modify the plan to comply with this Condition, provided that such
modifications shall comply with all requirements as imposed by federal or state
regulation.
8. Construction Practices. All construction shall be carried out in accordance with
the following conditions:
a. Exterior construction 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. Any interior work conducted during
these times will not involve heavy machinery which could generate
disturbing noises.
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.
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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.
g. A Construction Management Plan and Construction Schedule shall be
submitted by the Applicant prior to the issuance of a building permit.
Included in this plan, but not limited to, shall be information regarding
how the construction equipment will be stored, a description of the
construction staging area and its location in relation to the site, and where
the construction employees will park their vehicles. The plan and
schedule shall be submitted and approved by the City Planner prior to the
issuance of a building permit. All storage of materials and equipment will
be on site.
h. Special attention shall be paid by the Applicant to locate the statue of
St. Joseph reported to be buried on the site. If said statue is located, the
Applicant shall work with the Archdiocese of Boston to resolve its status,
and if feasible, as determined by the City Planner based on documentation
from the Applicant to preserve it in accordance with the requirements of
the Archdiocese.
9. Clerk of the Works. A Clerk of the Works shall be provided by the City, at the
expense of the Applicant, its successors or assigns, as is deemed necessary by the
City Planner.
10. Traffic Mitigation. The Applicant agrees to contribute $20,000 toward a
study/design of intersection and traffic improvements at Lafayette Street. Such
payment shall be made to the City upon the Applicant's receipt of a building
permit for the construction of the new building proposed for the site.
11. Fire Department. All work shall comply with the requirements of the Salem Fire
Department prior to the issuance of any building permits.
12. Building Inspector. All work shall comply with the requirements of the Salem
Building Inspector.
13. 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
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(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 the site under the Massachusetts
Contingency Plan, no structure shall be constructed until the Licensed Site
Professional responsible for the site certifies that soil and ground water for
the entire site meets the DEP standards for the proposed use.
C. The Applicant shall adhere to the drainage plan as approved by the City
Engineer.
d. The Applicant 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.
e. The Applicant shall maintain the area free from rodents throughout
construction.
f. The Applicant shall submit to the Health Agent a written plan for dust
control and street sweeping which will occur during construction.
g. The Applicant 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.
h. The Fire Department must approve the plan regarding access for fire
fighting.
i. 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.
j. The Applicant shall disclose in writing to the Health Agent the origin of
any fill material needed for the project.
k. If a rock crusher is on site, a plan for placement of the crusher must be
approved by the Health Agent prior to placement and use.
1. Plans for food a establishment must be presented to the Health Agent and
approved prior to construction.
in. The resultant establishment(s) shall dispose of all waste materials resulting
from its operations in an environmentally sound manner as described to
the Board of Health.
n. The Applicant shall notify the Health Agent when the project is complete
for final inspection and confirmation that above conditions have been met.
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14. Utilities
a. Utility installation shall be reviewed and approved by the City Engineer
prior to the issuance of a Building Permit. All on site electrical utilities
shall be located underground.
b. The Applicant shall clean the drain line on Dow Street downstream from
the work site to Salem St. preventing any debris from entering the
downstream pipes.
15. Department of Public Services. The Applicant shall comply with all requirements
of the Department of Public Services.
16. Signage. Proposed signage shall be reviewed and approved by the City Planner
and the Sign Review Committee.
17. Lighting
a. No light shall cast a glare onto adjacent parcels or adjacent rights of way.
b. A final lighting plan shall be submitted to the City Planner for review and
approval prior to the issuance of a building permit.
C. After installation, lighting shall be reviewed and approved by the City
Planner, prior to the issuance of a Certificate of Occupancy.
18. 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.
19. Lafayette Park. The Applicant and its successors and assigns agree to contribute
$1,500.00 per year to the City of Salem for the purpose of creating a fund for the
ongoing maintenance and upkeep of Lafayette Park. Such payment shall be made
to the Department of Planning and Community Development commencing upon
the receipt of a building permit for the construction of the new building proposed
for the site and on June 1 of each year thereafter.
20. Landscaping.
a. All landscaping shall be done in accordance with the approved set of
plans, with the following revision: the Applicant shall locate columnar
trees along the perimeter of the site where they believe they are most
appropriate and shall submit a revised landscaping plan reflecting this
placement to the City Planner for review and approval, prior to the
issuance of a building permit.
b. Trees shall be a minimum diameter of 3 %s" dbh (diameter breast height).
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C. Maintenance of landscape vegetation shall be the responsibility of the
Applicant, his successors or assigns.
d. Any street trees removed as a result of construction shall be replaced. The
location of any replacement trees shall be approved by the City Planner
prior to replanting.
e. Final completed landscaping, done in accordance with the approved set of
plans, shall be subject to approval by the City Planner prior, for
consistency with such plans, to the issuance of a Certificate of Occupancy.
f. Fencing shall be installed along the property line on Salem Street and
directly abutting the residences on Dow Street. The section of fencing
along Salem Street shall be a four-foot black industrial grade aluminum.
The section of fencing along the residences along Dow Street shall be
wooden. Details and specifications for the fencing shall be submitted to
the City Planner for review and approval prior to the issuance of any
building permits.
21. Maintenance.
a. Refuse removal, ground maintenance and snow removal shall be the
responsibility of the Applicant, his successors or assigns.
b. Winter snow in excess of snow storage areas on the site shall be removed
off site.
C. Maintenance of all landscaping shall be the responsibility of the
Applicant. The Applicant, his successors or assigns, shall guarantee all
trees and shrubs for a two- (2) year period, from issuance of the Certificate
of Occupancy and completion of planting.
22. As-built Plans. As-built Plans, stamped by a Registered Professional Engineer,
shall be submitted to the Department of Planning and Community Development
and Department of Public Services prior to the issuance of Certificates of
Occupancy.
The As-Built plans shall be submitted to the City Engineer in electronic file
format suitable for the City's use and approved by the City Engineer, prior to the
issuance of Certificates of Occupancy.
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 Certificates of Occupancy;
as well as, any subsequent requirements by the City Engineer.
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23. Building Materials. Illustrations and/or samples of exterior building materials,
which shall be predominantly red brick, shall be submitted to the City Planner for
approval prior to the issuance of a building permit.
24. Violations. Violations of any condition contained herein shall result in revocation
of this permit by the Board, unless the violation of such condition is waived by a
majority vote of the Board.
25. Compliance With Laws. Applicant shall comply with all city and state statutes,
ordinances, codes and regulations.
26. Smoke and Fire Safety. All requirements of the Salem Fire Department relative
to smoke and fire safety shall be strictly adhered to.
27. Building Permit. Applicant shall obtain a building permit prior to beginning any
construction.
28. Certificates of Occupancy. Certificates of Occupancy are to be obtained.
29. Certificates of Inspection. Certificates of Inspection, as required, shall be
obtained.
30. Street Numbering. Applicant shall obtain street numbering from the City of
Salem Assessor's Office and shall display said number so as to be visible from the
street.
31. Height. The proposed new construction shall not exceed four stories or 50 feet in
height, not including mechanical systems equipment.
32. Community Life Center.
a. The principal use of the first floor of the new building shall be a municipal
use to include a Community Life Center. In the event that (1) all
permitting and financing requirements necessary for the Community Life
Center to be built in a timely manner cannot be met; and/or(2) the
Applicant and the City do not execute a mutually acceptable agreement
regarding the use and operation of the Community Life Center(including
but not limited to the use and operation of the dedicated parking spaces
described in subparagraph (b)below), the Applicant shall not be required
to include the Community Life Center in the Development and the
Applicant may use the first floor of the new building for residential units
and community space (provided that in no event shall the total number of
residential units in the Development exceed 79 units). The Applicant may
not use the first floor of the new building for any other purpose without
obtaining prior Board review.
b. Forty-five (45) dedicated parking spaces shall be made available to the
City for use by the Community Life Center during any and all hours of
-10-
BOSTI\460477.7
BOSTI\462730.1
Community Life Center operation. When the Community Life Center is
closed those spaces shall first be available for overnight parking by
residents of the Development and then, as and if available, as additional
off-street parking for residents of the neighborhood.
33. Reuse of Rectory and School Buildings. The former rectory and school buildings
existing on the site shall be reused in the Development in accordance with the
Plans, and best efforts shall be made to maintain the existing historic character of
these buildings.
Nina Cohen, Chair
Salem Zoning Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE CITY CLERK
Appeal from this decision, if any,shall be made pursuant to Section 21 of the Massachusetts General Laws Chapter
40B and Section 17 of the Massachusetts General Laws Chapter 40A,and shall be filed within 20 days of filing of
this decision in the office of the City Clerk.The Comprehensive Permit granted herein shall not take effect until a
copy of the decision bearing the certificate of the City Clerk has been filed with the Essex South Registry of Deeds.
-11-
BOSTI\460477.7
BOSTI\462730.1
EXHIBIT A
LIST OF ATTACHED DRAWINGS
February 21, 2007
Preliminary Site Development Plans
Civil Engineering
• Title Sheet, February 21, 2007
• ALTA Survey, June 14, 2005
• Layout and Materials Plan (C-1.1), February 21, 2007
• Utility and Grading Plan (C-2.1), February 21, 2007
• Planting Plan (C-3.1), February 21, 2007
• Site Details (C-4.1), February 21, 2007
• Site Details (C-4.2), February 21, 2007
• Site Details (C-4.3), February 21, 2007
• Turning Movement Plan, (C-5.1), February 21, 2007
Preliminary Architectural Plans
Architectural Design
New Construction Building (Four Story)
• Rendering, February 21, 2007
• Title Sheet, (T1.00), February 21, 2007
• Basement Plan (A1.01), February 21, 2007
• First Floor Plan (A1.02), February 21, 2007
• Second Floor Plan (A1.03), February 21, 2007
• Third Floor Plan (A 1.04), February 21, 2007
• Fourth Floor Plan (A 1.05), February 21, 2007
• Exterior Elevations (A 4.01), February 21, 2007
• Exterior Elevations (A 4.02), February 21, 2007
School Building Rehabilitation
• Ground Floor Plan, August 10, 2005
• First Floor Plan, August 10, 2005
• Second Floor Plan, August 10, 2005
• Exterior Elevation Photographs
Rectory Building Rehabilitation
• Basement Floor Plan, August 10, 2005
• First Floor Plan, August 10, 2005
-12-
BOSTI\4604n.7
BOSTI\462730.1
• Second Floor Plan, August 10, 2005
• Third Floor Plan August 10, 2005
• Exterior Elevation Photographs
-13-
BOSTI1460477.7
BOSTN62730.1 -
Y
ST. JOSEPH'S REDEVELOPMENT
SALEM, MASSACHUSETTS
COMPREHENSIVE PERMIT
February 21, 2007
EXHIBIT B
• Salem Council on Aging
• North Shore Elder Services
• American Association of Retired Persons (AARP), Salem Chapter
• Polish League of American Veterans (PLAV)
• Veterans of Foreign Wars (VFW) Post 1524
• Veteran's Affairs, City of Salem
• Explorers Lifelong Learning Institute of Salem State College, Inc.
• Masonic Temple Association
• Houses of Worship of all denominations throughout Salem
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ST . JOSEPH ' S REDEVELOPMENT
SALEM, MASSACHUSETTS
OWNER/DEVELOPER
Salem Lafayette Development, LLC.
ARCHITECT: Planning Office for Urban Affairs, Inc. DEVELOPMENT ADDRESS
The Architectural Team 135 Lafayette Street
50 Commandants Way at Admirals Hill Banc of America Community Development Corporation
Salem, MA
Chelsea, MA 02150 c/o 84 State Street, Suite 600
(617) 889-4402 Boston, MA 02109
CIVIL ENGINEER& LAND SURVEYOR:
Samiotes Consultants Inc. 21 February 2007
Ten Central Street
Framingham, MA 01701
(508) 877-6688
MECHANICAL ENGINEER
GD Consulting Engineers
40 Willard Street, 3rd Fir LOCUS
Quincy, MA 02169 + •^°
,
LEGAL COUNCIL: `
Serafini, Serafini, Darling, and Correnti y� _ DRAWING LIST
63 Federal St
Salem, MA 01970-3409 '� �^ a At Ift
(978) 744-0212 +
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79 Quincy Street ..•,"., ^� �
Winthrop, MA 02152
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Architectural
S 'st• JosephTeam, Inc.
50 Commandant's Way
At Admiral's Hill
Chelan.MA 02150
Telephwe:(611)869 44
Redevelopment 13 5 Lafayette Street 02
Facsimile:(617)884-4329
Salem, MA
SPONSER: FIAWltV0 oFs1Ge FMn IaaMNAFFaWB
��•� �^ SYMBOL LEGEND LIST OF DRAWINGS
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STRUCTURAL ENGDMER:
MECHANICAL ENODUM:
PROJECT SUMMARY TABLE LEGEND
ELECTRICAL ENGDOMR:
SITE
BUILDING:
CONTRACTOR:
UNITS: ��[� a1.. �" _ St. Joseph's
Redevelopment
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The
Architectural
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50 Commandant's Way
At AdminCs Hill
Chelsea,MA 02150
Telephone:(617)8894402
Fataimile:(617)884-4329
www.architectuniteam.com
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Febfuary 21,2007
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50 Commandwt's Wry
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February 21,2007
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February 21,2007
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50 Commandwt's Wry
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February 21,2007
A 1.04
The
Architectural
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Team, Inc.
50 Commandant'[Wry
50'-0' 75'-0° 50'-0" At AdminPt Hill
Chelsea,MA 02150
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Febniary 21,2007
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Team, Inc.
50 Coo mandan b Wry
At Admixul's Hill
Chelsea,MA 02150
RGGF Telephone;(617)8894402
Facun de:(617)884-4329
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2 SCALE- 1/8"
A4.01
The
Architectural
Team, Inc.
50 Commandant's way
At Admiral's Hill
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Telephone:(6177)8894402
RODF Facamile:(617)8844329
w .anchitecmEalteam.com
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