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Decision
Site Plan Review t�
Y
Special Permit
The Kennedy Development Group, Inc.
500 Broadway --
Everett, MA 02149
RE: Quikava and Best Wash Car Wash- 224 and 234 Highland Avenue
On Thursday, March 21, 1996, the Planning Board of the City of Salem opened a public
hearing regarding the application of the Kennedy Development Group, 500 Broadway, Everett,
MA 02149, under Section 7-18, Site Plan Review of the Salem Zoning Ordinance, with respect to
the construction of a 5,429 s.f. building to house a car wash and a 490 s.f. drive thru coffee kiosk
at 224-234 Highland Avenue, adjacent to the previously approved Pep Boys site.
The public hearing was closed on May 16, 1996. At a regularly scheduled meeting of the
Planning Board held on May 16, 1996, the Board voted by a vote of six (6) in favor, two (2)
opposed, to approve the application as complying with the requirements of Section 7-18, subject to
the following conditions:
1. Conformance With Plan
Work shall conform with set of plans entitled, "Proposed Car Wash - Salem, MA," dated
November 29, 1995, revised February 3, 1996, March 5, 1996, April 4, 1996, and April
29, 1996, and May 28, 1996, containing 5 sheets labeled L-01 through L-05, prepared by
CDW Consultants, Inc, 111 Speen Street, Suite 119, Framingham, MA, 01701.
2. Amendments
Any amendments to the Site Plan or waiver of conditions contained within shall require the
approval of the Planning Board.
3. Traffic
a. The Applicant , his successors or assigns, shall receive written approval from the
Massachusetts Highway Department (MHD) for the proposed curb cuts and traffic signal
changes on Highland Avenue prior to the issuance of a Building Permit. The Applicant,
his successors or assigns, shall assume all costs for any required traffic changes.
b. The Applicant, his successors or assigns, shall receive written approval from the City
Planner and City Electrician for the proposed traffic changes, including signal timing, on
Highland Avenue.
c. Upon issuance of a Certificate of Occupancy for the Pep Boys building, the Applicant,
his successors or assigns, shall provide the City of Salem with S 10,000 to be used toward a
Highland Avenue Corridor Study which shall define potential improvements to the
Highland Avenue Corridor.
d. The Applicant, his successors or assigns, shall provide a deceleration lane along their
entire property frontage to the signalized entrance to the site on Highland Avenue. The
applicant, his successors or assigns, shall provide "right turn only" striping for the
deceleration lane. The deceleration lane shall be depicted on the site plan and approved in
writing by MHD prior to the issuance of a Building Permit.
e. The Applicant, his successors or assigns, shall provide the City and MHD, at no cost, an
area of land approximately 10 feet wide as shown on the approved plan, beyond the
deceleration lane, along the entire Route 107 (Highland Avenue) property frontage of the
site to allow for the future widening of Highland Avenue. This area of land is not to be
utilized until said area of land is determined by MHD to be necessary to accommodate
future roadway improvements. The responsibility for the future improvements shall not be
borne by the applicant, his successors, or assigns. Such area shall be shown on the plan,
and maintained in perpetuity as a No-Build Zone.
f. The Applicant shall provide the City with copies of all plans and correspondence to and
from MHD on this project.
4. Conservation Commission
All work shall comply with Order of Conditions #64-231 issued by the Salem Conservation
Commission.
5. Utilities
a. Utility installation shall be reviewed and approved by the City Engineer prior to the
issuance of a Building Permit.
b. Drainage shall be reviewed and approved by the City Engineer prior to the issuance of
a Building Permit.
6. Site Lighting
a. A lighting plan shall be submitted to the City Planner for review and written approval
prior to the issuance of a Building Permit.
b. All site lighting shall be installed and maintained in such a way so as to not reflect or
cause glare on abutting properties, or which adversely affect safe vision of operators of
vehicles moving on nearby streets.
7. Landscaping
a. A detailed landscaping plan and planting schedule shall be submitted to the City Planner
and approved in writing prior to the issuance of a Building Permit.
b. Trees shall be a minimum of 3 1/2" caliper.
c. Vertical granite curbing shall be installed along the radii at each of the two entrance
driveways, as well as at all entrance radii at Quikava and the Car Wash.
d. Concrete or sloped granite curbing shall be installed within the entire site.
e. Applicant, his successors or assigns, shall install a 4 foot chain link fence behind the
northeast corner of the Pep Boys building to prohibit debris from blowing or rolling into
wetland area. Location of such fence shall be reviewed and approved by the City Planner.
f. The Applicant, his successors or assigns, shall install a wooden fence ranging in height
from 6-8 feet and appropriate landscaping along the entire rear property line to provide
screening for abutters. The applicant, his successors or assigns, shall submit a plan
depicting fence and landscaping for the City Planner's written approval prior to the
issuance of a Building Permit. Construction shall include concrete footings and pipe
bracing at each post.
g. The Applicant shall complete the installation of the fence and landscaping along the rear
property line, adjacent to abutting residences, upon completion of the fill operation and site
preparation and prior to the start of actual building construction.
h. The applicant, his successors or assigns, shall clearly delineate pedestrian crossing areas
within the site. In addition, applicant, his successors or assigns, shall provide a
handicapped curb-cut adjacent to the bus stop. Pedestrian crossing plan shall be reviewed
and approved by the City Planner prior to the issuance of a Certificate of Occupancy.
8. Signage
a. The approved site plan does not depict a billboard and therefore, no billboard shall
be allowed to be erected at any time on the entire site.
b. Proposed signage shall be reviewed and approved in writing by the City Planner.
9. Board of Health
All Board of Health requirements in a letter dated April 12, 1996 shall be strictly adhered
to.
10. Fire Department
All work shall comply with the requirements of the Salem Fire Department.
11. Building Inspector
All comments from the Building Inspector dated March 11, 1996 shall be adhered to.
_ l
12. Water Test
The water system shall be tested by the City of Salem Clerk of the Works for pressure and
bacteria prior to the issuance of a Certificate of Occupancy.
13. Underground Utilities
All utilities shall be installed underground.
14. Blasting
a. All blasting to be done in accordance with 527CMR13 and City of Salem Blasting
Ordinance.
b. The Applicant, his successors or assigns, shall provide written notice to all abutters at
least 72 hours before the start of blasting. Such notice shall include the time and duration
of blasting.
15. Clerk of Works
A Clerk of Works shall be provided and paid for by the applicant, his successors or
assigns, as deemed necessary by the City Planner.
16. Bus Stop Relocation
a. The applicant, his successors or assigns, shall work with the MBTA to relocate the bus
stop on Highland Avenue at the signalized entrance to the westerly side of driveway. The
relocation shall receive the written approval of the City Planner.
b. The City shall make a formal request to the MBTA for the installation of a bus shelter
at the bus stop. If the MBTA does not agree to pay for the bus shelter, the Applicant, his
successors or assigns, shall agree to pay for the bus shelter.
17. Rooftop Screening
A plan for the screening of rooftop equipment shall be submitted to the City Planner for
written approval prior to the issuance of a Building Permit.
18. Rooftop and other Noise
Rooftop noise and rooftop noise mitigation shall be implemented in accordance with the
"Sound Level Monitoring and Modeling - Pep Boys Automotive Supply and Service
Center" study conducted by Tech. Environmental, Inc., dated June, 1995 and the Tech
Environmental, Inc. Study dated March 29, 1996. If noise levels taken during Summer
months, the year following completion of construction after construction exceed these
levels, additional mitigation measures shall be installed, as deemed necessary by the City
Planner, to reduce the noise level to the preconstruction levels.
The Applicant has agreed to utilize a Digital Read Out System for the Quikava Speaker
System as mitigation if it is determined that noise from the speaker system is problematic to
abutting residents. In addition, the Applicant has agreed to turn off outside power for
vacuums and self-wash bays at the car wash after operating hours.
19. Security Gates
The Applicant shall install security gates at each entrance driveway at Highland Avenue to
prohibit access to the site after hours. The Applicant shall work with the City Planner, the
Fire Department and the Police Department to design an acceptable gate system.
1
20. Truck Deliveries
Truck deliveries shall be limited to the hours of 7:00 a.m. to 6:00 p.m. Monday-Saturday
and 12:00 p.m. to 6:00 p.m. on Sunday.
21. Street Sweeping
Applicant, his successors or assigns, shall provide street sweeping on Highland Avenue,
Glenn and Greenlawn Avenue, as is deemed necessary during the period of construction by
the City Planner in consultation with the Ward Councillor.
22. Hours of Operation
Hours of operation for the Pep Boys service bays shall be limited to the hours of 9:00 a.m.
- 6:00 p.m. on Sunday and as allowed by the City of Salem Code of Ordinances Monday -
Saturday.
23. Exterior Elevations
The Applicant shall conform with the building materials and colors as shown on the
elevations for Quikava, Pep Boys and Best Wash. These elevations shall be part of the
approved plans for this project.
a. Pep Boys - Exterior Elevations, prepared by David N. Lummis, AIA, Ignarri -
Lummis, Architects and Planners, 601 Chapel Avenue East, Cherry Hill, NJ
06034, dated April 23, 1996.
b. Quikava - Elevations/Sections, C-2 Prototype, Sheet A-2, prepared by Quikava,
Inc. dated 3/15/96, revised April 24, 1996. The exterior materials shall include
wood trim and wood clapboards. In addition, there shall be no widows walk on the
roof.
C. Best Wash, Highland Avenue, Salem MA, Exterior Elevations, dated May 10,
1996.
24. Security
Upon commencement of the fill operation, the Applicant shall post a bond, in an amount to
be determined by the City Planner, in consultation with the City's Landscape Architect, in
order to ensure sufficient funds are available to stabilize the slope along the rear property
line in the event the project does not go forward.
25. Maintenance
a. The applicant, his successors or assigns, shall employ an acceptable method or means for
the holding and disposal of trash (rubbish) after site development with a copy of this
method sent to the Planning Department and Health Department in writing for their
approval.
b. Refuse removal, ground maintenance and snow removal shall be the responsibility of
the developer, his successors or assigns.
c. There shall be no salt used as a de-icing agent.
d. Winter snow in excess of the snow storage areas on the site shall be removed off site.
I
26. Construction Practices
All construction shall be carried out in accordance with the following conditions:
a. No work shall commence before 8:00 A.M. on weekdays and Saturdays. No work shall
continue beyond 5:00 P.M. There shall be no work conducted on Sundays and
holidays. Inside work of a quiet nature may be permitted at other times.
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. Notification shall also be submitted to the
Planning Department.
c. Maintenance of all landscaping shall be the responsibility of the applicant, his successors
or assigns. The applicant, his successors or assigns, shall replace all trees and shrubs
which do not survive for greater than two (2) years.
d. The Applicant shall implement a dust control program, including but not limited to,
watering down of the site during the fill operation.
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.
27. As-Built Plans
As-built plans, stamped by a Registered Professional Engineer or Land Surveyor, shall be
Its submitted to the Planning Department and Engineering Department prior to the issuance
of a Certificate of Occupancy.
28. Violations
Violations of any condition shall result in revocation of this permit by the Planning Board.
unless the violation of such condition is waived by a majority vote of the Planning Board.
I hereby certify that a copy of this decision and plans have 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 or is recorded on the owner's Certificate of Title. The fee for recording or
registering shall be paid by the owner or applicant, his successors or assigns.
Walter B. Power, III
Chairman
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Decision
Site Plan Review
Wetlands and Flood Hazard District
Special Permits
The Kennedy Development Group, Inc.
500 Broadway
Everett, MA 02149
RE: Pep Boys - 224 and 234 Highland Avenue
On Thursday, May 18, 1995, the Planning Board of the City of Salem opened a public
hearing regarding the application of the Kennedy Development Group,1500 Broadway, Everett,
MA 02149, under Section 7-16, Wetlands and Flood Hazard District and Section 7-18, Site Plan
Review of the Salem Zoning Ordinance, with respect to the construction of a +/-22,000 s.f. Pep
Boys automotive parts and service facility and associated site work of 224 and 234 Highland
Avenue.
The public hearing was closed on July 6, 1995. At a regularly,scheduled meeting of the
Planning Board held on July 6, 1995, the Board voted by a vote of eight (8) in favor, none (0)
opposed, to approve the application as complying with the requirements of Section 7-16 and 7-18,
subject to the following conditions:
I, Conformance With Plan
Work shall conform with set of plans entitled, "Pep Boys - Salem, MA," dated March 17,
1995, revised March 31, 1995, April 27, 1995, May 23, 1995, and July 12, 1995,
containing 6 sheets labeled L-01 through L-05, prepared by CDW Consultants, Inc, 111
Speen Street, Suite 119, Framingham, MA, 01701.
2. Amendments
Any amendments to the Site Plan or waiver of conditions contained within shall require the
approval of the Planning Board.
3. Traffic
a. The Applicant , his successors or assigns, shall receive written approval from the
Massachusetts Highway Department (MHD) for the proposed curb cuts and traffic signal
changes on Highland Avenue prior to the issuance of a Building Permit. The Applicant,
his successors or assigns, shall assume all costs for any required traffic changes.
b. The Applicant, his successors or assigns, shall receive written approval from the City
Planner and City Electrician for the proposed traffic changes, including signal timing, on
Highland Avenue.
c. Upon issuance of a Certificate of Occupancy for the Pep Boys building, the Applicant,
his successors or assigns, shall provide the City of Salem with $10,000 to be used toward a
Highland Avenue Corridor Study which shall define potential improvements to the
Highland Avenue Corridor.
d. The Applicant, his successors or assigns, shall provide a deceleration lane along their
entire property frontage to the signalized entrance to the site on Highland Avenue. The
applicant, his successors or assigns, shall provide "right turn only" striping for the
deceleration lane. The deceleration lane shall be depicted on the site plan and approved in
writing by MHD prior to the issuance of a Building Permit.
e. The Applicant, his successors or assigns, shall provide the City and MHD, at no cost, an
area of land approximately 10 feet wide, beyond the deceleration lane, along the entire
Route 107 (Highland Avenue) property frontage of the site to allow for the future widening
of Highland Avenue. This area of land is not to be utilized until said area of land is
determined by MHD to be necessary to accommodate future roadway improvements. The
responsibility for the future improvements shall not be borne by the applicant, his
successors, or assigns. Such area shall be shown on the plan, and maintained in perpetuity
as a No-Build Zone.
4. Conservation Commission
All work shall comply with Order of Conditions #64-231 issued by the Salem Conservation
Commission.
5. Utilities
a. Utility installation shall be reviewed and approved by the City Engineer prior to the
issuance of a Building Permit.
b. Drainage shall be reviewed and approved by the City Engineer prior to the issuance of
a Building Permit.
6. Site Li tine
a. A lighting plan shall be submitted to the City Planner for review and written approval
prior to the issuance of a Building Permit.
b. All site lighting shall be installed and maintained in such a way so as to not reflect or
cause glare on abutting properties, or which adversely affect safe vision of operators of
vehicles moving on nearby streets.
7. Landscaping
a. A detailed landscaping plan and planting schedule shall be submitted to the City
Planner and approved in writing prior to the issuance of a Building Permit.
b. Trees shall be a minimum of 3 1/2" caliper.
c. Vertical granite curbing shall be installed along the radii at each of the two entrance
driveways.
d. Concrete or sloped granite curbing shall be installed within the entire site.
e. Applicant, his successors or assigns, shall install a 4 foot chain link fence behind the
northeast corner of the Pep Boys building to prohibit debris from blowing or rolling into
wetland area. Location of such fence shall be reviewed and approved by the City Planner.
f. The applicant, his successors or assigns, shall install a wooden fence ranging in height
from 6-8 feet and appropriate landscaping along the entire rear property line to provide
screening for abutters. The applicant, his successors or assigns, shall submit a plan
depicting fence and landscaping for the City Planner's written approval prior to the
issuance of a Building Permit. Construction shall include concrete footings and pipe
bracing at each post.
g. The applicant, his successors or assigns, shall flag all trees along the rear property line
to be removed and depict them on a site plan. The plan shall be submitted to the Planning
Department for review. All trees which are being removed and are over 5" in caliper shall
be approved by the City of Salem Landscape Architect. It is understood that in every
instance where a tree over 5" in caliper can be saved it will be the expressed interest of the
applicant, his successors or assigns, and the City of Salem to save such tree.
h. The applicant, his successors or assigns, shall clearly delineate pedestrian crossing areas
within the site. In addition, applicant, his successors or assigns, shall provide a
handicapped curb-cut adjacent to the bus stop. Pedestrian crossing plan shall be reviewed
!± and approved by the City Planner prior to the issuance of a Certificate of Occupancy.
i. After all project landscaping is completed, and prior to the issuance of a Certificate of
Occupancy, the applicant, his successors or assigns, shall be required to add further
landscaping if such is required by the City Planner.
8. Signage
Proposed signage shall be reviewed and approved in writing by the City Planner and may
be less than the signage allowed in the Salem Sign Ordinance.
9. Board of Health
All Board of Health requirements shall be strictly adhered to.
10. Fire Department
All work shall comply with the requirements of the Salem Fire Department.
11. Water Test
The water system shall be tested by the City of Salem Clerk of the Works for pressure and
bacteria prior to the issuance of a Certificate of Occupancy.
12. Underground Utilities
All utilities shall be installed underground.
13. Blasting
a. All blasting to be done in accordance with 527CMR13 and City of Salem Blasting
1
Ordinance.
b. The Applicant, his successors or assigns, shall provide written notice to all abutters at
least 72 hours before the start of blasting. Such notice shall include the time and duration
of blasting.
14. Clerk of Works
A Clerk of Works shall be provided and paid for by the applicant, his successors or
assigns, as deemed necessary by the City Planner.
15. Bus Ston Relocation
a. The applicant, his successors or assigns, shall work with the MBTA to relocate the bus
stop on Highland Avenue at the signalized entrance to the westerly side of driveway. The
relocation shall receive the written approval of the City Planner.
b. The City shall make a formal request to the MBTA for the installation of a bus shelter
at the bus stop. If the MBTA does not agree to pay for the bus shelter, the Applicant, his
successors or assigns, shall agree to pay for the bus shelter.
' 16. Rooftop Screening
A plan for the screening of rooftop equipment shall be submitted to the City Planner for
written approval prior to the issuance of a Building Permit.
17. Rooftop Noise
Rooftop noise and rooftop noise mitigation shall be in accordance with the "Sound Level
Monitoring and Modeling - Pep Boys Automotive Supply and Service Center" study
conducted by Tech. Environmental, Inc., dated June, 1995. If noise levels taken after
construction exceed these levels, additional mitigation measuresishallbe installed, as
deemed necessary by the City Planner, to reduce the noise level,to the preconstruction
levels.
18. Truck Deliveries
Truck deliveries shall be limited to the hours of 7:00 a.m. to 6:00 p.m. Monday-Saturday
and 12:00 p.m. to 6:00 p.m. in Sunday.
19. Street Sweeping
Applicant, his successors or assigns, shall provide street sweeping on Highland Avenue as
is deemed necessary during the period of construction by the City Planner in consultation
with the Ward Councillor.
20. Hours of Operation
Hours of operation for the service bays shall be limited to the hours of 9:00 a.m. - 6:00
p.m. on Sunday and as allowed by the City of Salem Code of Ordinances Monday -
Saturday.
21. Maintenance
a. The applicant, his successors or assigns, shall employ an acceptable method or means for
the holding and disposal of trash (rubbish) after site development with a copy of this
method sent to the Planning Department and Health Department in writing for their
approval.
b. Refuse removal, ground maintenance and snow removal shall be the responsibility of
the developer, his successors or assigns.
c. There shall be no saltused as a de-icing agent.
d. Winter snow in excess of the snow storage areas on the site shall be removed off site.
22. Construction Practices
All construction shall be carried out in accordance with the following conditions:
a. No work shall commence before 8:00 A.M. on weekdays and Saturdays. No work shall
continue beyond 5:00 P.M. There shall be no work conducted on Sundays and
holidays. Inside work of a quiet nature may be permitted at other times.
b. All reasonable action shall be taken to minimise 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. Notification shall also be submitted to the
Planning Department.
c. Maintenance of all landscaping shall be the responsibility of the applicant, his successors
or assigns. The applicant, his successors or assigns, shall replace all trees and shrubs
which do not survive for greater than two (2) years.
d. 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.
23. As-Built Plans
As-built plans, stamped by a Registered Professional Engineer or Land Surveyor, shall be
submitted to the Planning Department and Engineering Department prior to the issuance
of a Certificate of Occupancy.
24. Violations
Violations of any condition shall result in revocation of this permit by the Planning Board,
unless the violation of such condition is waived by a majority vote of the Planning Board.
I hereby certify that a copy of this decision and plans have 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 or is recorded on the owner's Certificate of Title. The fee for recording or
registering shall be paid by the owner or applicant, his successors or assigns.
Walter B. Power, III e a
Chairman
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