10 TRADERS WAY - ZONING (2) i
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M Appledore
ra Engineering Inc.
15 Rye Street,Suite 305
Pease International Tradeport
Lawrence J.Wagner,P . Portsmouth,NH 03801 i
Principal tel 603.433.8818 `
tax 603.433.8988
Iwagner@appledoreeng.com
www.appledoreeng.com
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Cite of batem, 41azzarbuatto
Planning 99uarb
One 6alem Oreen
Amended Decision
Site Plan Review Special Permit
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May 27, 2003
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Petsmart Inc. N
C/o Serafmi, Serafini, Darling& Correnti, LLP
Attorneys at Law
63 Federal Street
Salem, MA 01970
RE: Amendment to Site Plan Review Decision-Highlander Realty Trust
10 Traders Way, Salem, MA
On June 5, 2003 the Salem Planning Board opened a public hearing on behalf of Petsmart Inc., to
discuss an amendment to the original Site Plan Review Decision dated May 31, 1996 for
improvements to the Highlander Realty Trust, located at 10 Traders Way, Salem MA. The plan
to improve a portion of the plaza to include a Petsmart store was presented at the regularly
scheduled meeting of the Planning Board of the City of Salem held May 15, 2003.
The Public Hearing closed on May 15, 2003. At a regularly scheduled meeting of the Planning
Board held on May 15, 2003, the Board voted by a vote of(9) in favor(Power, Puleo,
Moustakis, Durand, Sullivan, Weiner, Cullen, Lombardini, and Collins), (0)opposed, to approve
the amendment as complying with the requirements of Site Plan Review pursuant to Section 7-18
of the Salem Zoning Ordinance. The decision to approve this amendment to the original site
plan decision approved on May 31, 1996, does not eliminate any of the conditions or
requirements of that decision. All conditions and requirements of that decision are still in
effect.
One Salem Green, Salem,Massachusetts 01970 (978) 745-9595 ext.311 Fax (978) 740-0404
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Petsmart,Inc.
May 27,2003 -2
The approval of the Board subject to the following conditions:
1. Conformance with the Plans
Work shall conform to the amended plan entitled, "Former Sears Hardware, 10 Trader's Way,
Salem, Massachusetts,"prepared by Appledore Engineering Inc.,Pease International
Tradeport, 15 Rye Street, Suite 305,Portsmouth,NH, 03801 and dated April 18,2003.
2. Amendments
Any additional 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. 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.
4. Signage
a. Proposed signage shall be reviewed and approved by the City Planner and the Sign
Review Committee.
b. Signage shall be in keeping with the approved plans.
5. Traffic Circulation
Because of the concerns expressed by the Planning Board,within six months from the date of
the Petsmart Store opening, the Department of Planning and Community Development will
review the current traffic circulation to and from the site. Currently both access points allow
two-way traffic flow. If the Department of Planning and Community Development
determines that two-way traffic flow is not safe, they will request the applicant to change the
egress to allow for one-way flow.
6. Storage Area
Petsmart Inc. will be responsible for the maintanance and appearance of the 3,000 sq. ft.
"storage area" located on the west end of the building until this space is demolished or leased
to a new tenant.
7. Lighting
a. No light shall cast a glare onto adjacent parcels or adjacent rights of way.
c. After installation, lighting shall be reviewed by the Planning Department,prior to the
issuance of a Certificate of Occupancy.
8. Construction Practices
All construction shall be carried out in accordance with the following conditions:
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Petsmart,Inc.
l May 27,2003-3
a. 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.
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.
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.
9. Clerk of the Works
A Clerk of the Works shall be provided by the City, at the expense of the applicant,his
successors or assigns, as is deemed necessary by the City Planner.
10. Board.of Health
All work shall comply with the requirements of the Salem Board of Health.
11. Fire Department
All work shall comply with the requirements of the Salem Fire Department.
12. Conservation Commission
All work shall comply with the Order of Conditions issued by the Salem Conservation
Commission, if applicable.
13. Building Inspector
All work shall comply with the requirements of the Salem Building Inspector.
14. Utilities
a. Underground utility installation shall be reviewed and approved by the City Engineer
prior to the issuance of a Building Permit.
15. Maintenance
a. Refuse removal, ground maintenance and snow removal shall be the responsibility of the
developer, his successors or assigns.
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Petsmart,Inc.
May 27,2003 -4
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b. Winter snow in excess of snow storage areas on the site shall be removed off site.
16. As-built Plans
As-built plans, stamped by a Registered Professional Engineer, shall be submitted to the
Planning Department and Engineering Department prior to the issuance of the final
Certificate of Occupancy.
17. 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 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.
Walter B Power, III ( +J
Chairman �/
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AS Doc. So.lyog.sr 3x937509 earl 173 "
SALEMCITY OF
IN REt A PLICATIONOF THE FAA
PARDCOMPANIES
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FOR A SPECIAL PERMIT UNDER
SECTION VD-0 OF THE ZONING ORDINANCE
OF THE CITY OF SALEM
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DECISION
This decision is rendered upon an application far • special Permit far a
Planned unit development pursuant to Section VE-0 of the Zoning.Ordinance of the
City of Salem (the ^Ordlnsnee^). The "Wil"ilon was submitted an November 18,
Cb
1983, by The Petard Companies, which include R. A. Petard and Som Construction,
0
Inc., Ledgemere Land CorPwation and Petard Real Estate (collectively, ^pafard^)
together with a site Plan entitled ^Subdivision Plan - Planned Unit D...A ant', 6Y u
P• Boghosian, November 15, 1983 and an Environmental impact Statement eae _N
required by Section VD-0 1 of the Ordinance.
The Board, within seven days after receipt of the application
( transmitted a copy of the application and the plan to the Inspector of Buildings, the m
City Engineer, the Board of Health and the Fawervation CommInim Notice of
the filing of the application was also given to the City Clerk, Me Department,
Pollee Department, Superintendent of Streets and the School Department
Notice of Public Hearing by the Board on this application was duly
published In the Salem News on December 3, 1983, and December 7, 19839 and duly
malled to all persons entitled thereto by law.
A public hearing on the application was held In accordance with such
notice at 7:30 P.M. on December 19, 1983, in the second floor hearing room at One
Salem Green In Salem. The following members of the Board were present at the
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;j 60087509 PAGE 174
hearing: Walter ?ower, IU, Abby Barin, William Cris, Donald Hunt, David Goodof,
!� Kenneth May and Normand Houle.
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wec< rccenee from tne following Boards
and Officer on the date set forth below:
1. Impactor of Buildings - Commented orally with no written report
Y. City Engineer - January 9, 1984
` 3. Board of Health - December 15, 1983
4. Comervation Commission -.January 12, 1984, Order of
Conditions, DEQE file 64-92
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The Board has made a thorough study of and hes given fuU
IJ consideration to, W documents, plain and other materials submitted by Paferd; the
reports,,written or otherwise, of the for of Bum
-t Inspect,, ngs; the City Engineer; the
Board of Health and the Comervation Commlasim and all statements made and
other materials submitted at the Public Hearing and at other public meetings ngs of the
.
T'.
'i Board at which the Application was dlscMed. The data so considered Includes, but
i ij is not Umited to, the items listed in Addendum A attached hereto, which Items are
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specifically Incorporated in and made a pert of this declslon and which need not be
_ ! recorded AS • part hereof. The Board is satisfied that such data Is sufficient to
_I meet the requirements of Section VU-0 of the Ordinance,
t s f Accordingly, the Board has unanimously voted to ant a Special Permit
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:11 for a Planned Unit Development pursuant to Paferd's Application upon and In
accordance with the provisions, conditions and procedures set forth below:
r i i', ! '. I• Based upon the written material submitted to
the Board ss well
>>
- r as oral communications received at the Public Hearing and other
public meetings of the Board, the Board makes the following
findings: -
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eopa7509 PACE 175
A. The Planned Unit Development has been designed with
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compatible relationship with each other ns a totally _
Planned development.
E. The design of the Planned Unit Development is compatible
with the existing or potential development of the
surrounding nelg�tborhoods in that Petard proposes
commercial use for property adjacent to an existing
commercial zone.
C. A plan for the total property has been submitted to the
Board which clearly dealls the manner In which the subject
area is to be developed and the means that will be
employed to protect the abutting Property and the health,
Safety, welfare and privacy enjoyed thereon in accordance
with the requirements of Section VS-0 i.b of the
Ordinance.
D. Section VD-0 J.d of the Ordinance does not apply to the
Planned Unit Development as it is not located adjacent to
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or across the street from existing residential developments.
E. The Planned Unit Development is in harmony with the
purpose and intent of the Ordinance and the Master Plan
of the city of Salem and will promote the purposes of
Section VD-0 of the Ordinance sa set forth in Subsection
Z thereof.
P. The mixture of uses In the Planned Development is
sufficiently advantageous to render it appropriate to depart
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from the normal regtdrements of the zoning district In
d. The Planned Unit Development will not result in a net
negative environmental Impact,
H. The parcel containing the Planned Unit Development
fcontains more than sixty thousand (60,000) square feet.
D. The special permit sad the exercise of-the rights granted
hereunder shell be subject to the following conditions;
..,i A. No building permit sneH be Issued for any building in the
Planned Unit Development until a performance bond,
satisfactory to the Planning Board and the Directs of
W Public Works or City Engineer, shall be provided for the
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construction of a twenty-four foot wide paved vehicular
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Way to be constructed In accordance with the requirements
i of the applicable Subdivision Rules and Rd fRegulation of of the
Board the existing terminus of pint Street to the
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existing paved area at the rear of Hawthorne Plaza, within
fI the thirty took easement area shown on a plan entitled
"Compiled Plan of Land in Salem, MA" by Joseph W
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Moore Co., Inc.; owned by Highland Realty Trust;
+p. .nIInI,II September 19, I983, and the use of such way by the
public at large Shall be Secured, in such
IJ u a manner shell
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sIl`. be satisfactory to the Board. Construction of the road
shall begin within ninety?�'�'. •!:�: 7. Y (90) Jaya of the granting of the
easement by the owner of the Hawthorne Square shopping
area. The City Engineer shall determine the amount of
the bond by applying the estimated surveyed quantities
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multiplied by the unit prices, listed in tho 1t, Puiln;nr
t;umtruction Cost Ual> manual used by the City
Engineering Department, adding ten percent (10.00%)
thereto and adding ten percent (10.00%) each year for two
• (f) Yean. At the end of the two-year period from the
date of the approval of the bond by the City Engineer, if
the roadway has not been completed, the City shall have -
the right to determine the bond to be due and that the
amount of said bond shall at that time be Immediately
paid to the City of Salem.
E. No buildiryf in the Planned Unit Development shall exceed
two stories in height or thirty (50) feet in height.
C. Each building In the Plumed Unit Development shall
satisfy the parking and loading requirements of the
Ordinance In effect at the time a building permit is
sought for such building.
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D. The Gross Ploor Area of the buildings located in that
Portion of the Planned Unit Development north of First
Street stall at no time exceed three hundred ninety-five
thousand square (395,000) feet with no more than one
hundred elghty five thousand square (195,000) feet thereof
occupied by any of the following user
1. Retail department stores, supermarkets, food
stares, restaurants and other eating places in which
alcoholic beverages may be served on the premises, places
Of commercial recreation and entertainment, physical
fitness facilities and health clubs, but excluding movie
theatres and amusement arcades.
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I '':�:ij S. The following uses now permitted In B-1
and
- e-2 znne•.
1 I i 9i';i (a) Drugstores
(b) Stores "Ring liquor, beer and wine for consumption
1 off the premises
(c)
Newsstands
-! jj • tandy and variety stores
Dry goods and nations stores
{'
-t t ntl;d_ (e) Book, stationery and gift stores
(f) Florist shop, but excluding greenhouses
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t,.; (g) Hardware stores -
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. '• 7j! � (h) Banks and savings and loan institutions
.111 (i) Professional office, medico( end dental clinics
(1) Restaurants and other eating places which do not
qII; serve alcoholic beverages consumed on the premises,
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but excluding drive•thru restaurants and drive-thru
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snack shops.
{ I ull I
Warehousing and distribution
Oenerel office buildings and other similar and
related was
F 'J, I ) , I (m) Off-street parking and loading facilities and other -
j'. accessory uses and buildings, provided that such uses
ere clearly Incidentai to the principal use ("Retail
Uses")
r ++ with the balance to be used for the following non-retail related
uses:
Light industry uses:
i i I III (a) Steam laundry or dry cleaning plant;
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aaoK7509 Pu( 179
-+s. • r: rn:rer n,c n�w�u(nctwnng, bottling or
Processing W c,mml,saryl --
(c) A®embly or Packaging of articles not
exceeding two hundred (100) pow In weight,
• Provided no manufactwifq w processing Ia
. carded cutl
(d) Printing, binding, publishing and related ants
and trade;
(e) Manufacturing, assembly, reconditioning send
processing Plant of the following type
Industria Provided that such operatic,,
(1) are not apecifdcUly Prohibited from the.
City of Salem, according to the schedNe of
Prohibited Was In Section V-C. -
! (7) we not danger,. by reason of hazard
from fire or explosion-
- (J) are not offensive w detrimental by
reason of causing dust, smoke, odor, fume,,
robe, vibration, traffic congestion or other
nuisance, and
(4) we compatible with adjacent
nonindwtrial Wes;
Food and kindred products, apparel,
electronics and electrical product,, furniture.
if and fixtures, primary and fabricated metal
Products, Including the storage of new
materials and containers Wed In or incidental
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a 8=7509 fu( 180
:i to any of the foregoing, physical fitness
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+� facilities and health clubs.
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3. Publishing and printing establishments
4. Ueneral office buildings " other similar and
related uses ("Industrial Uses").
The uses within the buildings shown an the plan
a' r
filed with the application between the PUD area end
I' H(ghkM Avenue presently under the control of the
!:. petitioner shall be limited to the retail uses allowed in the
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PUD.
b± ;� E. The ratio of the grass floor area used for Retail Uses In
the Planned Unit Development to the gross floor Brea used
for Industrial Uses in the Planned Unit Development when
- i completed shall not exceed .gg.
t I ,1 Ill P. There shall be bo more than twelve percent (12.00%) a
?}:f a twenty-two thousand two hundred (22,200) square feet of
• ��II� the gross commercial floor area devoted to stores, having
less than three thousand (3,000) square feet in floor area,
with a maximum of ten (10) such stores. It is the Intent
of this section that the Planning Boardmay waive this
requirement on presentation of an appropriate plan and
{- .;.r��i appropriate request to the Planning Board.
1 .j P-1. Between the northerly boundary of the Planned Unit
Development and Highland Avenue, no more than twenty-
three thousand (23,000.00) sgwe feet of building shall be
constructed on lend under the control of the petitioner.
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Sdai7509 ease 181
Of the twenty-thra thousand (27,000) square fat, no _
more thea fifty percent (50.00%) shall consist of stores
O. No building or structure shall be constructed and no
building permit Shull be Issued therefore until: (1) • site -
plan and (7) landscaping theme shall have been approved
' by the 71enning Board in accordance with the following
procedurean_
Site plans submitted for approval shell Include those
Items required to be shown under SecL M B 7 a-p of the
Salem Subdivision Regulations and be accompanied by
generallzIad floor plan and alevations of each building.
The plan shall also show:
a. Ali building layouts in accordance with the use,
dimensional, bulk, squares footage, and other regulations .
established by this Special Permit.
b. Landscaping in accordance with the approved
landscaping themes
c. Parking spaces and layout in aec rdance with
the applicable Ordinance
d. Site plena submitted (or approval shall designate
en easement area of no lam than ten (10) feet In width
which would be suitable for potential trans and accesses
to open space areas shown on Salem Conservation
Commission Area Map dated October, 1987. Such
easement.when approved shall be granted to the
Conservation Commission of the City of Salem.
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BOOK7509 fang 182
The Board shall have thirty (13) days following the
meetirl! et wh!rh th• .dt+ gten is submltt. to r•-low th<
submitted plan and shell approve such plan or indicate to
the applicant those specific Instances where the submitted
Plan does not conform to the requirements as set forth
bove. The plan when amended to conform to the
,
requirements, shall be then approved at the next scheduled
meetings of the Planning Board.
H. No residential use shall be made of any portion of the
Plermed Unit Development north of Pint Street and no
residential uses shell be made of that portion of the
Planned Unit Development south of Pint Street unless a
Planned Unit Development Pemlt shall have been Issued by
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j; the Board for the parcel of land immediately adjacent to
the Planned Unit Development on the south and then In
accordance with such requirements and restrictions as may
be Imposed In such permit.
H-1. These shall be no Interior mail within the PUD area.
L- Disturbing of land or storage of surplus material on the
site is prohibited except in Immediate building areas, and
shall not begin until six (5) months prior to construction.
This does not preclude the preliminary grading of future
commercial and Industrial sites within the PUD, providing
that such sites shall be finished with a minimum of four
inches of loam and seeded with a grass mixture, and to
material storage piles will remain except in an area
designated by the Planning Board.
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BoOK7509 face 183
Except u specially.modified by the permit, an toning .
rrnuircmPnfs ;fit_ ems, .
J• A certin"to of compliance of approval signed by a
majority of the member of the Board shall constitute
concluttVS evidence of the matters Set forth therein it and -
when recorded with the Essex South District Registry of
Deeds.
tf. Upon the request of Petard, and after public hearing held
In accordance with the requirements of Section V11-0 of
the Ordinance, any provision of this Special Permit may be
waived or amended by a majority vote of the 8oud,
L. The Special Permit granted hereunder Shan !epee within
two years U a Substantial use thereof has not sooner
commenced ascept for good mux, or If emwtructlon has
not begun by such date except for good caw,
M. If Petard or Its successors or assigns Shan make my use
of the planned Unit Development other than as set forth.
twxetn, the Board, after notice to Patard and hearing, may
revoke this permit for all buildings for which a Certificate
Of Occupancy hu not been Issued and an land within the
Planned Unit Development which has not yet been punt
fir•
Decision dated March /.S, 1984
Members of the Planning Board of the
City of Salem
Piled with the City Clark of the City of Salem on '3
, 1981.
/ /]oaglihlne R. Puvco, City C— tn.Ic
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(9itg of tt[aiy ussacl�usetts
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Appeal from this decision, if Any, shall be made pursuant to Section 17 of the
Mass. General laws, Chapter 808, And shall be filed within 20 days after the
data of filing of this decision in the Office of the City Clark. Puasnant
to Messachusetta General Lws, Chapter 808, Section 11, the Special Permit
shall not take effect until A copy of the decision, bearing the certification
of the City Clerk that 20 days have elapsed And — Appeal has been filed, or
that, if such an appeal has bean filed, that it has been dismissed or denied,.
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. Nase of Record Owner. Highland Raalty Trust.
J 1 hereby Certify that a copy of this decision And plana have been filed with
.j the City Clark And copies "a on file with the Planning Board.
`y
Walter B. Power, 111
Chairman d'a�
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e66A7509 PAGE 185
� ADO=A
Report+ on Ills With Na Salem Planning Board, One Salam Green, Sales, 101
01970 relevant to noFCompany
'a application for a Special Permit
under Section VII-0 of the e S Salem Zoning Ordinance.
L "° e^.em Ge'artments and Agencies
1/1/83 Salem Planning Board, Plane -
Boston Trader•• site off Flrst ist d Not to Require Approval for
net.
11/25/83 Salem Board of Assessors, Abutters List.
11/30/83 way.Sglam me Department of Public works, Grant TiTable for -Trader.
•
12/12/81 Salem Fire Department
the plan. no, letter stating there are objections W
12/15/83 Salam Board of wealth, letter 'eating,emcurranee with plan.
12/19/83 Salem Police OePartment, latter ."ting eoncurranne with plan,
12/30/83 Salem Planning Board, Application for
Plan for •Traders Way., Approval of Definitive
1/3/84 Salem Pira Department
Way.. , letter stating concurrence for 'Traders
1/9/84 Salem Department of Public work,, letters of eencutrance for
special permit and •Traders Way.-
1/12/84 Salm Conservation Commission, wassachusette wetlands Protection
Act, Order of Conditions, Pile No. 64-92.
1/18/64 Salem Planning Board, letter of request to Johnstown Properties, '
Inc., 89 State Street, Boston, NA 02109 for c%amsnts an Pafard
Plan.
1/27/84 Salem Board of wealth, letter stating Concurrance on "Trader. way.•
1/30/84 Salem Conservation CO°
•Traders Nay.• m'isa404 , moments on the subdivision of
2/2/84 Nassachusetta Department of Envi-o"Acal Quality Engineering.
Notlfication of Field Investigation on Appeal of DEQE File 64-92.
2/8/84 Salem Planning Board, Certificate of Action on the Subdivialon
! of 'Trader. way..
3/15/64 Salem City Clerk, confirmation of no appeal within 20 days on
Certificate of Action for 'Traders Way.,
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. a 800rc7509 Pail 186
ADDENDUM A, 3/20/04
Page 2
A-2 papgrts submittd to the Salem plenninq Board from The Fa fatd Compania.
: nsµ:,, nryN..anc w<rne, Prepared by
NOW Aasotiates, Concord,SMA.
4/15/83 Highland Acres Draft Environmental Ie@act Peport EOEA 14573,
prepared by HMN Associate., Concord, M.
11/16/83 Covenant for First Street subdivisions.
1/30/84 Analysis of Traffic Impacts Associated with Fafard Pro]act Change.•
Supplement to Final Sovironmental "Pact RaPort-EDEA {4573,
prepared by HPI A.aeciates, Concord,
M.
2/1/84 Market Wineatlon Study of Highland Acres Access Route 107, Salm,
MA, Brepared by The Fafard Conpaniea.
2/10/84 Covenant for subdivisions on •Traders May."
3/1/84 Certlfi"" of Sncusbrances, from Atty. John serafini.
N" N .3/1/84 StateftAt of Ownership for Fafard•s land, from Arty. John Serafini.
' A-3 Letters of Opposition to the Fafard pl nned Unit peveloMent
11/29/83 purity Supreme Supermarkets, 312 Boston Road, Horth Billerica,
fMA. Opposed to grocery market on site.
12/19/83 Mrs. Patricia Finares, 17 Cloverdale, Salem, MA 01970
1/10/8G Jim Crosby, Crosby's Marketplace, 426 Esser Street, Salem, M
N 1 01970. Opposed to
grocery sore on site.
- .I,I. 1/23/84 Johnston American Compania-, 355 First Street, Batavia, IL 60510.
Opposed.te grocery store "a on site.
Correspondence between The Fafard C
ovpal—, and the Salem Planning Boats
are also on file ae
One Salem Green, Snem, MA 01970.
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soac7509 eAm 187 '
Qlltq of 5a* cmaftulluse
Parmbas '84 APR-2 P4:0'.
$e`
CERTIFICATE OF ACTION
OATS:
TO: Josephine P.. cases, city clerk
FROM: Salem Planning Board
RE: SPatiLL Permit for Planned Unit Oevelopmant—The Fafard QwgP ie*, Inc,
I hereby certify gut, Pursuant to Section VII- of the Salem Zoning
Ordinance, the Sales Planning Board has taken the following action with
respect to the Abcv "fereneed application:
On Thursday, March 15, 1984, at A regular meeting of the Salem Planning Board,
the Board voted, by wmimoua vote, to approve the applicatLoa for a Special
Permit under the provisions of the Zoning Ordinance for a Planned Mit
Development.
Notice of the Planning Board's action and the reasons supporting it are sure
fully described in the attached copy of a decision, the original of which
"a sent today to the applicant by registered mail, postage prepaid, at
the address stated an the application.
Mahar B. Powweq III
CALLrman
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DECISION
The Fafard Companies
290 Eliot Street
Ashland, MA 01027
At a regularly scheduled meeting of the Planning Board held on September
28, 1989, the Board voted by a vote of five in favor, none opposed, to approve
the construction of Somerville Lumber, subject to the following conditions:
RE: SOMERVILLE LUMBER
1 . Conformance with Plan
Work shall conform to plan entitled "Site Plan of Land, and Landscape and
Snow Storage Plan, Highlander Plaza", dated June 9, 1989, revised September
25, 1989.
2. Curbing
Sloped granite curbing shall be installed as shown on approved plan dated
June 9, 1989, revised September 25, 1989.
Vertical granite curbing shall be installed at intersections with Traders
Way, as shown on approved plan dated June 9, 1989, revised September- 25,
1989.
3. Landscaping
a. Plant two (2) rows of arborvitae, 8' on center along fire lane on the
First Street side of the Somerville Lumber building. With the earthen
berm, a 10' high barrier will be provided in front of the 8' high chain
link security fence. _
b. Plant one row of 5'-6' high white pine along the south side of the
arborvitae , 8' on center.
C . Plant clusters of three 5'-6' white pines per cluster along south -
facing slope , locations to be field determined.
d. Plant twenty-seven (27) , 3z"-4" caliper Norway Maples , 40' on center
along First Street , including area between detention basin and street.
e. Plant 8'- white pine and/or arborvitae along detention basin fence.
f. P1anc a variety of vines and shrubs along south facing slope as listed
on the landscaping plan, including euonymus and juniper, locations to be
field determined.
g. Maintenance of landscape vegetation shall be the responsibility of the
developer, his successors or assigns.
h. After such landscaping is completed,. the developer will add further
landscaping if such is requested by the Planning Board or City Planner.
4. Lighting
a. Lighting shall be installed as shown on approved plan. -
b. All non—security lighting in the Somerville Lumber parking area shall be
turned off at 10:00 p.m.
C. Every other security light located on the building's First Street side
shall be turned off at 10:00 p.m.
d. After installation, lighting shall be reviewed by the Planning
Department, prior to issuance of Certificate of Occupancy.
5. Maintenance
Refuse removal, road and ground maintenance, and snow removal shall be the
responsibility of the developer, his..successors or assigns.
6. Delivery Hours
Delivery trucks shall not leave Somerville Lumber after 12:00 p.m. on
Saturdays, except in the case of: an emergency delivery.
7. Warehouse Access
Somerville Lumber shall post a sign at the interior warehouse entrance
stating "Customers Not Permitted In Warehouse — Please See A Salesperson".
8. Traffic
The Fafard Companies and Somerville Lumber shall undertake the following
measures to reduce the chance of delivery trucks using First Street while
traveling to and from Somerville lumber:
a. Reduce right turn radius of driveway at Traders Way from 30' to 10' .
b. Post "Left Turn Only" sign on guard shack, which states:"Notice--ALL
trucks must exit left onto Traders Wav to Route 107 . Your cooperation
is welcome. Thank you. Somerville Lumber.
C. Somerville. Lumber shall send a letter to all delivery truck employees
instructing them to use Highland Avenue and not First Street when making
deliveries.
d. Somerville Lumber shall send a letter to all vendors indicating the
proper Route 107—oriented route. The letter shall receive Planning
Department approval prior to mailing.
9. PUD Special Permit
All applicable conditions set forth in the Planned Unit Development Special
Permit dated March 15, 1984, shall be strictly adhered to.
10. Construction Practices
All construction shall be carried out in accordance with the following
conditions:
a. Construction and blasting. Operating or permitting the operation of
any tools or equipment used in construction or demolition work between
the hours of 5:00 p.m. and 8:00 a.m. the following day on weekdays or
at any time on Sundays or holidays (such that the sound therefrom
creates a noise disturbance across a residential real property
boundary) or the operation of drilling and/or blasting equipment used
in construction, reconstruction, repair, or demolition work between the
hours of 5:00 p.m. and 8:00 a.m. the following day on weekdays or at
any time on Saturdays , Sundays , or holidays except for emergency work
of public service utilities, or by special variance issued by the
Building Inspector pursuant to the Salem Code of Ordinances, and
notification of same to the Police Department.
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 entire project.
C. All construction vehicles shall be cleaned prior to leaving the site so
that they do not leave dirt and/or debris on roadways as they leave the
site.
11. Violations
Violations of any conditions shall result in revocation of this approval by
the Planning Board.
R450
DATE OF PERMIT PERMIT No. OWNER LOCATION
11/ 15/89 571-89 Legemere Land Corp. 150 Trader's Way Ind.
I
STRUCTURE MATERIAL DIMENSIONS No.OF STORIES Na:OF FAMILIES WARD COST
SOMERVILLE 89,000 sq. ft 1 I 13 $4,005,000.0(
LUMBER
BUILDER Ledgemere Corp.
11/ 15/89 # 571-89 Construct.one Story w/ Mezzanine, 89,000 sq. ft .
4/10/90 4,144-90 Build 2 canopies-plans are filed w/ permit #571-89. J.S. Est. 50,000. fee;
6/ 29/90 l# 571 -90 CERTIFICATE OF OCCUPANCY ISSUED by Dave J . Harris
7/12/90 #379-90 Erect 4 signs, 5'5"xl2' ,4'x69' , 12"x17'6", & 2'6"x40' . D.H. Est. 14,220.
8/29/90 #451-90 Erect 10'x12' sign. J.S. Est. 9,400. fee$65.fee $116.
10/20/94 #507-94 Permit to construct drive-through entrance canopy w/ yard office
Est. 60,000 Fee 365.00 J.J.J.
CERTIFICATE OF OCCUPANCY ISSUED 2/7/94 for permit #507-94 by John Jennings
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149.96 - AREA 149.0 0D � ■ ■ �� 4■',i3� ■ ■ � ■ ■ ■ �� ■ ■ ■� 14 30 = 7.32 ! CG
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x 149.1 O �\ S-140.4VC _
x 149.32 � � � � � 0 R= 147.25 � 4
1=140.25 B Left \,� o
149.15 148.89 -+ GD x 11 .• -+ CB `�14 W / cu J
48.61 148.3 148.21x ) x147.83 O R=147.04 x 147 8 147.80 1=1 2.5 C Right 6, /
I I=1147. In 1-140.05 Out 147,23 1 4
1=141.14 Out
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\\,R HCP HCP 16 HCP HCP " 2" pia, �.Zw //' CB D� EXISTING DRAINAGE C m
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w 3"49.0 _ _ 9T ♦ / � 00 00
1 O -- - 148 148.2 - 148• 48.3 _.--- , / 00 J J 00 .-
\ 148.3 _ r p / G � EXISTING GAS UNE
�\ 148. 14$.?4- 1�$.7 ---t4�7 148. o p O
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148.7 ao / ---- 146--------- EXISTING CONTOUR _J =
z �� �P ti� OVERHEAD CANOPY' v `� N }-
`V tiI I -- •/ x 148.40 EXISTING SPOT GRADE m O
1 e\\ 48.79 148 9 CLEANOUT 148.98 148.95 148.92 14 94 3p �' 147 ----�• / IZ V) Z
147.51 a �r 4g•6 14 .691 148 2 CONCRETE WALK 1; a a }" 0
g Li.l A / ® EXISTING PAINTED ISLAND
Y IR--142 8 98 148.15 9� CONCRETE WALK Ld
44.8 0 0 25.1 00\ o 147.9 °' ` / w Z Z O w Z.
S=140.0 Q I '' 4 149.05 ' 1 148.9 "� 14.1 '`� a 8.2' 149.05 14 90 np j'� 147.65 Q R=147.96 / EXISTING PARKING SPACE H Q N Q W O L+J
Z / \ DMH / / a N o 0 Q a_ L%
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LJ CL Of
C� 30.0 24.4 � '
z �� ROOF FINISH FLOOR = 149.03 39 8 2 fA� �. �tl� , R=147. 7 =
DRAIN a �o \\\\ \ • / R 148.37 EXISTING CONCRETE CURB
O j„ \\ g ■ / CB 1'x•64 d CB® EXISTING CATCHBASIN v1
/ 149.2 � 5' i
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i w 148.48 148.37 `\ 148 PO / W h
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149.23 i x 148.07 OD
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ZONING SUMMARY Ga
' Z) Cq 1 9.4 ZONE: INDUSTRIAL
O ;� Y 0 o DENSITY REGULATIONS: O Q �
1 , BLDG. AREA =
Z 3 000 S.F. N 1 - 149 - --- - REQUIRED
' PROVIDED �
1 j BLDG. 'HTS = 22.2' EXISTING CONCRETE'' BLOCK BUILDING 3 11 3•' ■ MINIMUM LOT AREA _. 40°000_SF_ . _ .w..� _ 2.24 ACRES c
22 Z 1149.6 ■ °' MINIMUM LOT WIDTH 150' 410'
m ROOFDRAIN VACANT/ BUILDING AREA = 21 ,418 S.F. � CU �,� ,,_, ; ' MAXIMUM BUILDING COVERAGE 45X 31X f eL
� ; MINIMUM FRONT YARD PETSMART 30 70 STORAGE BUILDING HEIGHT ROOF = 22�+' ± o �°� �� 0 +4'
aO 6 � ; MINIMUM SIDE YARD PETSMART 30' 83, t w w
101 ' CD BUILDING HIGH POINT - 32.9 - U ar .. MINIMUM REAR YARD PETSMART 30 43 f
1 149.62 � .- , � ' 149.76 MAXIMUM BUILDING HEIGHT(PETSMART) 45' 32.9' t �
cv)
150.22
PLAN INTENT: f N MAXIMUM FENCE HEIGHT 15' N/A
D PETSMART INTENDS TO OCCUPY THE EXISTING ,�� o PARKING REQu1REMENTS
x 149.4 30.0. SEARS HARDWARE BUILDING. THE ONLY EXTERIOR Z I
M U MINIMUM REQUIRED PARKING SPACES
x 149.4 W ���$�I 4 MODIFICATION PROPOSED IS TO INSTALL -CO 1,300 SF STORAGE (PROPOSED) ® o
CONCRETE , - N 21.418 SF - 1,300 SF (STORAGE)/150 SF/SPACE =135 SPACES REQ1UIRED o
- ■ ■ - ■ ■ - " - Z BUILDING MOUNTED SIGNS. m
U DRAT 148.75 148 2 I I
°0 109 SPACES PROVIDED I
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14 .
148.35 s ■
21 �
� 26 SPACES DEFICIENCY ENCY
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14 .55 149.27 �� ELEC. c6 � �' °� I ' (1) SITE PLAN FOR PRIOR USE (SEAR'S HARDWARE) REQUIRED
n: ' 48.96 14e•67 149.02 TRANSFORMER R=144.84 e.�99 0 �, " 1kg ' 163 SPACES WHERE 111 SPACES WERE PROVIDED (52 SPACE C.-.
148.37• ON CONC. PAD 48.42 1 i
1=142.84 Q1 o DEFlCIEN
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U S=138.8 162.5' 148.40 r 1 of /� ■ > o
Q c�
O ■ 3 , 4 4�5D CB `1 148.41• 149.03 148.9 95 946. 6 1 �" y ' ■ MINIMUM LOADING BAYS v
x 147.6 149.02 148.44 `----^ , � 7
2 R=146.96 -�Z
2 1 .06 147.07 148.35 148.34 - ¢ I 11 h EXISTING = 1
0 1'f8.9 148.05 48.47 14 8 (=143.26 ,� 14 5 i 1! 12" DRAIN OR 148.06 ``����� / Of
�\ REQUIRED = I,2
1.0■t't U 1 1147.90 47.45 S=141.9 �� CONCRETE / D ` D D D / I=142'04 0 ; PROPOSED = 1 (MAINTAIN EXISTING NONCONFORMITY) N
o ^ 148.93 149.02 M5.0 ' 7 47.28 I 148.41 t\
ryj U 1 ` / 148.3 • x 148.18 / ,x 148.82 °' N I
148.47 148.50 C NCR RET. 148.77 WALL 148.52 / ' p
Q 152.51 .0v �� 1 148.69 tl ♦ Ln
z r 000
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148.35 148.41 CURB 48' 0 148.26 48.31 14 30 / R O
C ■� 148.1
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.'1,496) 148.77 4 7 CONCRETE 148.81 148.5 148.36 14 / x v ♦ (0 N
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■ 3.75 R.R. TIE RET. WALL W CLF 3 153.65 `•• 5136 / '�•�y
1.91 15 21 0 �� 48.45 48.50 p O
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N 46° 5" W Z •� cV • 148.86 14 .92 v
� x 149.8
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12 WIDE WAY _ N` 2 3� •;v •�
SITE LOCATION MAf�' _ -� 149 1492
,,.• >- -' v - - - - -- - - (� -- N 46 2" Wr 6 x a• g ,x m d� NOTE: PLAN BASED ON A SURVEY COMPLETED BY LANDMARK
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UNDERGROUND STRUCTURES AND UTILITIES HAVE BEEN ■® o
o COMPILED FROM AVAILABLE PLANS & RECORDS AND ARE M cu
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PARLEEJj S�ti ti v $ 4 BION ��m ' APPROVED BY SALEM PLANNING BOARD o
1 Q° S.. 3 > `�" 7 h„ J APPROXIMATE. ELEVATIONS SHOWN ARE BASED ON
`� r� 2 °� Nso °� ° ACTUAL FIELD MEASUREMENTS. L
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UNDERGROUND UTILITIES MUST BE VERIFIED BY THE 0® FLM
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FIXTURE FLOOR PLAN Date: 08 OCT 02
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