PB_65 Washington Street - Decision 20180403 � CFry OF SALEm
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Site Plan Review and Planned Unit Development Special Permit Decision
April 4,2018
Findings and Decision
Re:Application of 65 WASHINGTON STREET, LLCfor the property located at 65 Washington
Street Salem, MA (Map 35, Lot 600) for a Planned Unit Development Special Permit, and a Site
Plan Review in accordance with the Salem Zoning Ordinance sections 7.3 Planned Unit
Development and 9.5 Site Plan Review.
Procedural History
1. An application to raze the former Salem District Court building, and construct on the
existing foundation a new mixed-use building consisting of sixty-one (61) residential
units, two levels of enclosed parking, and commercial/restaurant space on the ground
floor, along with general infrastructure updates to drainage, sewer and landscaping was
made by the above referenced owner and filed with the Planning Board on October 26,
2017.
2. The Planning Board of the City of Salem opened a Public Hearing for the Site Plan
Review and Planned Unit Development Special Permit on Thursday,November 16, 2017.
The hearing was continued to December 7, 2017; December 21, 2017; January 4, 2018
(the meeting was cancelled due to City offices being closed due to a snow emergency, no
testimony was heard); January 18, 2018; February 1, 2018; February 15, 2018; March 1,
2018; and March 15,2018. The public hearing was closed on March 15, 2018.
3. Throughout the public hearings, the plans and other submission material were reviewed
by the Planning Board. Throughout its deliberations, the Planning Board has been
mindful of the statements of the applicants and their representatives, and the comments of
the general public, all as made at the public hearing.
Findings
a. General
The Planning Board, after a public hearing and review of submitted materials and
testimony, hereby finds that the project meets the provisions of the City of Salem Zoning
Ordinance, Sec. 7.3 Planned Unit Development, and Sec. 9.5 Site Plan Review as
follows:
7.3.1 Planned unit development is designed to provide various types of land use which
can be combined in compatible relationship with each other as part of a totally
planned development. As proposed, the mixture of residential, commercial and
open space is compatible with each other, thereby meeting the purpose and intent
of good zoning practices and the master plan of the City of Salem. The
compatible relationship among the mixture of uses combined with the
rehabilitation of a vacant building, location of new housing near the Salem
MBTA commuter rail station, and the inclusion of affordable housing is
determined to be sufficiently advantageous to render it appropriate to depart
from the strict provisions of the underlying zoning classifications.
7.3.2 The proposed development parcel is at least five (5) times the required minimum
lot size of 2,000 square feet in the B5, Central Development District. The lot size
is 22,440 square feet +/- substantially exceeding the requirement of 10,000
square feet. The underlying zoning district of the proposed development parcel is
B5 Central Development District, which is eligible for PUD treatment.
7.3.3.1 The Proposed Planned Unit Development contains multi-family residential
development that is compatible with adjacent existing residential development.
7.3.3.2 The applicant has submitted a plan for the total property and has in clear detail
by engineering and architectural specifications and drawings shown the area to
be developed and the means that will be employed to protect the abutting
property and the health safety, and welfare and privacy enjoyed thereon. The
project has been peer reviewed by civil and traffic engineers who have confirmed
that there will not be negative impacts on abutting property subject to conditions
contained within this decision.
7.3.3.3 The subject project is not located in the Business Park Development District, as
such, Sec. 7.3.3.3 does not apply.
b. Specific Findings
The Planning Board hereby makes the following findings pertaining to the Planned Unit
Development Special Permit application:
7.3.8.1 The proposed planned unit development is in harmony with the purpose and
intent this ordinance and the master plan of the City of Salem as this project will
add vitality to the downtown, provide a mix of residential units and commercial
spaces, improve the streetscape, improve pedestrian accessibility, and generate
tax revenue for the City.
7.3.8.2 The mixture of uses in the planned unit development is determined to be
sufficiently advantageous to render it appropriate to depart from the normal
requirements of the district. Specifically, this is a significant mixed-use
development of approximately 110,115 +/- square feet that will greatly enhance
this section of the downtown. The mix of housing, including six affordable
units, the commercial use, and the open space with public art will add to the
vibrancy, vitality, and aesthetics of downtown, providing substantial public
benefit.
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7.3.8.3 The planned unit development would not result in a net negative environmental
impact, based on the information from the Environmental Impact Statement and
plans, and the review of the project by the Planning Board's civil and traffic
engineering consultants.
Decision
In view of the foregoing, the Planning Board hereby decided that the aforesaid project meets all
the requisite criteria. It is therefore decided to grant a Site Plan Review and Planned Unit
Development Special Permit for the development of in accordance with the terms and conditions
stated below.
1. Conformance with the Plans
a. Work shall conform to the following Project Plans:
EExisting
wing Title Prepared by: Sheet No. Date Last
Revised
reviations&Notes Allen&Major Associates C-001—C-003 10/26/17
Conditions Allen&Major Associates 1 10/26/17
Site Preparation and La out Plan Allen&Major Associates C-101 10/26/17 2/27/18
-Layout&Materials Allen&Major Associates C-102 10/26/17
Grading &Drainage Plan Allen&Major Associates C-103 10/26/17 2/27/18
Utilities Plan Allen&M4jor Associates C-104 10/26/17 2/27/18
Civil Details Allen&Ma'or Associates C-501 10/26/17
Civil Details Allen&Ma'or Associates C-502 10/26/17
Civil Details Allen&Major Associates C-503 10/26/17 1/31/18
Landscape Plan Allen&Major Associates L-101 10/26/17
Landsca a Details Allen&Ma'or Associates L-501 10/26/17
Basement Schematic Plan Tise Desi Associates A-1.1 10/24/17 2/15/18
Ground Floor Schematic Plan Tise n..;— Associates A-1.2 10/24/17 2/15/18
Second Floor Schematic Plan Tise Desi Associates A-1.3 10/24/17 11/30/17
Third-Fifth Floor Schematic Plan Tise Desi Associates A-1.4 10/24/17
Sixth Floor Schematic Plan Tise Design Associates A-1.5 10/24/17
Elevations Tise Design Associates A-2.1 10/24/17
Elevations Tise Desip Associates A-2.2 10/24/17
Render: view from Washington St. Tise Desip Associates A-9.1 10/24/17
Render: view from Church St. Tise Design Associates A-9.2 10/24/17
Render: view from Federal St. Tise Design Associates A-9.3 10/24/17
Render: view from Washington St. Tise Desip Associates A-9.4 10/24/17
Render: Enty Tise Design Associates A-9.5 10/24/17
Render: Details from Federal St. Tise Design Associates A-9.6 10/24/17
Car lift plan Tise Design Associates No number 2/9/17
Streetscape Plan (no title on the Allen&Major Associates No number 3/6/18
plan)
Plumbing Underground floor plan Tise Design Associates PLUG 2/28/18
Plumbing l sl floor plan Tise Design Associates P1.2 2/28/18
Plumbing 6"floor plan Tise Design Associates P1.5 2/28/18
*To be revised per Condition 5.a.
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2. Amendments
a. Any further amendments to the site plan shall be reviewed by the City Planner and if
deemed necessary by the City Planner, shall be brought to the Planning Board. Any
waiver of conditions contained within shall require the approval of the Planning Board.
3. Transfer of Ownership
a. In the event of the transfer of the site as a whole, within five(5) days of such transfer, the
Owner shall notify the Board in writing of the new owner's name and address. The
terms, conditions, restrictions and/or requirements of this decision shall be binding on the
Owner and its successors and/or assigns.
4. Site Specific Conditions
a. Six housing units shall be set aside as affordable housing units. The Applicant shall place
an Affordable Housing Restriction on these six (6) housing units in the form acceptable
to the Commonwealth Department of Housing and Community Development (DHCD).
The restrictions shall be in accordance with the eligibility criteria for DHCD's Subsidized
Housing Inventory for the purpose of ensuring that the six (6) dwelling units will be
restricted as affordable housing for households whose annual incomes are eighty percent
(80%) or less of Area Median Income ("Low Income Households") with a sales or rental
price affordable to said households as determined by DHCD for a period of ninety-nine
(99) years from the date of the original conveyance. The Affordable Housing
Restriction(s) shall be registered with the Essex South Registry of Deeds.
b. The Board recommends the installation of a pedestrian warning device to be installed
internal to the building at the driveway entrance and exit on Federal Street.
5. Landscaping
a. The Landscape Plan prepared by Allen & Major Associates dated October 26, 2017,
Sheets L-101 and L-501 shall be revised subject to the discussion at the March 15, 2018
Planning Board meeting, specifically:
i. If included in the revised landscape plan, serviceberry trees shall be a minimum of
15' tall.
ii. The landscape plan shall include three(3)to four(4) Oak trees on Federal Street
to be planted beyond the back of the sidewalk. These trees shall be a minimum of
3 % inch caliper. Applicant shall identify the species of Oak with a preference for
species with a canopy.
iii. The London planetrees on Washington Street shall be a minimum of 3 %inch
caliper.
iv. The Applicant shall coordinate with the City Tree Warden to review the health
and viability of the existing five(5) linden trees on Church Street prior to the
issuance of a demolition permit. If the Tree Warden determines the trees are not
viable to be maintained,the Applicant shall replace the trees prior to issuance of a
certificate of occupancy.
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V. The plantings in the raised building planters shall be replaced by the property
manager seasonally.
b. Final landscape plans referenced in condition 5.a. shall be submitted before building
permit issuance for review and approval by the City Planner.
c. An as built landscaping plan accompanied with a letter from a Registered Professional
Engineer or landscape architect certifying compliance of the landscaping with the
approved plan shall be submitted to the City Planner prior to issuance of the Certificate of
Occupancy.
d. Maintenance of all landscaping on the site shall be the responsibility of the Applicant, its
successors or assigns, and any tree or shrub that does not survive shall be replaced.
6. Lighting
a. A final lighting plan shall be submitted to the City Electrician for review and approval
prior to the issuance of a building permit.
7. Maintenance
a. Refuse removal, ground maintenance and snow removal shall be the responsibility of the
applicant. "Refuse removal" includes recycling, which shall be the responsibility of the
owner, his successors or assigns. The owner shall provide adequate facilities to ensure all
users are able to recycle their trash. Owner is to enter into a contract with a company of
the owner's choice to arrange pick-up of recyclable material. A copy of this contract is to
be submitted to the City Engineer.
b. Winter snow in excess of snow storage areas on the site shall be removed off site.
8. Maintenance of Stormwater System
a. Applicant is to submit an Operations and Management Plan for the stormwater system,
including a narrative describing the frequency of cleaning and maintenance of catch
basins and Stormceptors and clearly define responsible party for maintenance, prior to the
issuance of a building permit.
9. Fire Department
a. All work shall comply with the requirements of the Salem Fire Department.
10. Building Inspector
a. All work shall comply with the requirements of the Salem Building Inspector.
11. Board of Health
a. The owner shall comply with the following specific conditions issued by the Board of
Health:
b. The individual presenting the plan to the Board of Health must notify the Health Agent of
the name, address, and telephone number of the project(site)manager who will be on site
and directly responsible for the construction of the project.
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c. If a DEP tracking number is issued for this site under the Massachusetts Contingency
Plan, no structure shall be constructed until the Licensed Site Professional responsible for
the site confirms that the site meets the DEP standards for the proposed use.
d. A copy of the Licensed Asbestos Inspector's Report must be sent to the Health Agent.
e. A copy of the Demolition Notice sent to the DEP, Form BWPAO6, must be sent to the
Health Agent.
f. The developer shall give the Health Agent a copy of the 21 E report.
g. The developer shall employ a licensed pesticide applicator to exterminate the area prior
to construction, demolition, and/or blasting and shall send a copy of the exterminator's
exterminator's survey report,treatment plan and treatment reports to the Health Agent.
h. The developer shall maintain the area free from rodents throughout construction.
i. The developer shall submit to the Health Agent a written plan for dust control and street
sweeping which will occur during construction.
j. The developer shall submit to the Health Agent a written plan for containment and
removal of debris, vegetative waste, and unacceptable excavation material generated
during demolition and/or construction.
k. 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 nearest abutting residential
property line.
1. The developer shall disclose in writing to the Health Agent the origin of any fill material
needed for the project.
in. The resultant establishment shall dispose of all waste materials resulting from its
operation in an environmentally sound manner as described to the Board of health.
n. The drainage system for this project must be reviewed and approved by the Northeast
Mosquito Control and Wetlands Management District.
o. The developer shall notify the Health Agent when the project is complete for final
inspection and confirmation that above conditions have been met.
12. Utilities
a. Plumbing plans for garage drains and oil/water vent piping and roof drainage shall be
submitted to the City Engineer for review and approval prior to issuance of a building
permit.
b. The developer shall clean and inspect remaining uninspected drain pipes between Federal
Street and Bridge Street and provide the City Engineer copies of the inspection logs and
videos prior to issuance of a demolition permit.
c. Prior to issuance of a demolition permit, the developer shall review the results of the
CCTV inspections with the City Engineer and address condition or capacity concerns
observed in the drain pipes between Federal Street and Bridge Street as part of this
project, based on agreed upon scope of work with City Engineer. Work to be completed
under observation of City staff or City's designated Clerk of the Works for the project.
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d. Developer shall submit revised sheet C-103 to include replacing/installing pipe from
existing catch basin to be remodeled to DMH-1240 for review and approval prior to
issuance of a building permit.
e. The Applicant shall submit the site plan and specifications for the transformer to the
Planning Department at the time of submission of building permit drawings to the
Building Department. The plan shall be reviewed and approved by the Planning
Department.
13. City Engineer
a. All work shall comply with the requirements of the City Engineer.
14. Clerk of the Works
a. A Clerk of the Works shall be provided by the City, at the expense of the applicant, his
successors or assigns, as it deemed necessary by the City Planner. Notwithstanding the
foregoing, the parties acknowledge the Project shall be subject to controlled construction,
which requires oversight by licensed engineered and architects. Accordingly, it is the
understanding of the Board, the City Planner and the Applicant that the Clerk of the
Works is expected to oversee and review all civil/site improvements related to the project
located within the public way, including all utility connections to publicly owned
infrastructure. It is also mutually understood that the expense associated with the Clerk of
the Works shall be for a reasonable number of hours and at a customary rate of service.
b. The applicant shall submit a construction plan to the City Planner prior to starting work.
c. The construction plan will be incorporated into the Clerk of the Works Task Order. No
work shall start prior to an approved task order for these services.
15. Construction Practices
a. All construction shall be carried out in accordance with the following conditions:
i. Night work as required for water shutdown or other purposes shall be 11:00 p.m.
to 5:00 a.m. unless otherwise approved or directed by the City.
ii. All provisions in the City of Salem's Code of Ordinance, Chapter 22, Noise
Control, shall be strictly adhered to.
iii. All reasonable action shall be taken to minimize the negative effects of
construction on abutters. Advance notice shall be provided to all abutters in
writing at least 72 hours prior to commencement of demolition and construction
of the project.
iv. Drilling and blasting shall be limited to Monday-Friday between 8:00 AM until
5:00 PM. There shall be no drilling, blasting or rock hammering on Saturdays,
Sundays, or holidays. Blasting shall be undertaken in accordance with all local
and state regulations.
V. All construction will occur on site; no construction will occur or be staged within
City right of way. Any deviation from this shall be approved by the Department
of Planning& Community Development prior to construction.
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vi. A construction traffic management plan and schedule shall be submitted to the
Department of Planning & Community Development for review and approval
prior to the issuance of a building permit.
vii. Any roadways, driveways, sidewalks, or landscaping damaged during
construction shall be restored to their original condition by the applicant.
viii. All construction vehicles shall be cleaned prior to leaving the site so that they do
not leave dirt and/or debris on surrounding roadways as they leave the site.
ix. All construction shall be performed in accordance with the Rules and Regulations
of the Planning Board, and in accordance with any and all rules, regulations and
ordinances of the City of Salem.
X. All construction vehicles left overnight at the site, must be located completely on
the site.
xi. All construction activities shall be in accordance with the "Salem Police Station
Construction Management Plan".
xii. All construction shall take place under the direction and supervision of a Licensed
Site Professional in compliance with the rules and regulations of the
Massachusetts Department of Environmental Protection.
xiii. The applicant shall promptly notify the Board of Health of any environmental
condition encountered during construction that may adversely impact the abutters
to the site.
16. Salem Redevelopment Authority
All work shall comply with the requirements of the Salem Redevelopment Authority.
17. As-built Plans
a. Prior to the issuance of the Certificate of Occupancy, as-built plans, stamped by a
Registered Professional Engineer, shall be submitted to the Planning Department and
Engineering Department with a certification signed and stamped by the design engineer,
stating that the work was completed in substantial compliance with the design drawing.
b. 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 the
Certificate of Occupancy.
c. A completed tie card, a blank copy (available at the Engineering Department) must be
submitted to the City Engineer prior to the issuance of the Certificate of Occupancy.
18. Violations
a. Violations of any condition shall result in revocation of this permit by the Planning
Board, unless the violation of such condition is waived by a majority vote of the Planning
Board.
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I hereby certify that a copy of this decision and plans has been filed with the City Clerk and copies are on file with
the Planning Board. The Special Permit shall not take effect until a copy of this decision bearing the certification of
the City Clerk that twenty(20)days have elapsed and no appeal has been filed or that if such appeal has been filed,
and it has been dismissed or denied,is recorded in the Essex South Registry of Deeds and is indexed under the name
of the owner of record is recorded on the owner's Certificate of Title. The owner or applicant, his successors or
assigns,shall pay the fee for recording or registering.
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Ben J. Anderson
Chairman
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