Decision Legacy ParkITY F .
Site Plan Review, Planned Unit Development Special Permit
and Flood Hazard District Special Permit Decision
1, 3 & 5 Harmony Grove Road and 60 & 64 Grove Street
Map 16, Lots 236, 237 239, 377 & 378
October 23, 2012
MRM Project Management, LLC
P.O. Box 388
Beverly, MA 01915
RE: Site Plan Review, Planned Unit Development Special Permit, and Flood HazarDistri Special
Permit Decision for Legacy Park at Harmony Grove Apartments
On February 2, 2012, the Planning Board of the City of Salem opened a Public Hearing under Section
7.3, Planned Unit Development, Section 9.5, Site Plan Review, and Section 8.1, Flood Hazard Overlay
District (FHOD), of the City of Salem Zoning Ordinance, at the request of MRM Project Management,
LLC, for the properties located at 3 Harmony Grove Road and 60 & 64 Grove Street, (Map 16, Lots
236, 237 and 239). The proposed project includes construction of three multi -family residential
buildings (total of 141 units), re -use of an existing 17,000 square foot commercial office building,
associated parking and landscaping, and a bicycle path providing public access to the North River
Canal.
The Public Hearing was continued to February 16, 2012 (but was not heard on that date), March 1,
2012 (but was not heard on that date), March 15, 2012, April 5, 2012, April 19, 2012 (but was not
heard on that date), May 3, 2012, May 17, 2012, June 7, 2012, June 21 (but was not heard on that
date), July 5, 2012, July 19, 2012 (but was not heard on that date), September 6, 2012 (but was not
heard on that date), September 11, 2012, September 20, 2012 (but was not heard on that date),
October 1, 2012, and October 18, 2012.
At the hearing on October 1, 2012, the applicant presented a plan showing the addition of two
adjacent parcels to the Planned Unit Development, 1 and 5 Harmony Grove Road (Map 16, Lots 377
and 378). The continued public hearing on October 18, 2012 and revised project with additional
parcels was properly re -advertised and additional abutters notified.
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The Planning Board, after numerous public hearings and review of submitted materials and
testimony, hereby finds that the proposed project meets the provisions of the City of Salem Zoning
Ordinance, Sec. 7.3 Planned Unit Development, as follows:
1) 7.3.1 Purpose —The proposed Planned Unit Development (PUD), which incorporates a mix of
housing, commercial space and open space, meets the purpose of Planned Unit Development,
Section 7.3, to ensure compliance with the Master Plan of the City of Salem, Neighborhood Master
Plan of the North River Canal Corridor, and good zoning practice. The proposed Planned Unit
Development will promote the purpose of Section 7.3 by redeveloping a contaminated, blighted
brownfield site and bringing it into productive reuse. The 1996 Master Plan emphasizes the
presence of vacant industrial properties as one of the most important land use issue facing the
City of Salem (City of Salem Master Plan Update and Action Plan, 1996, page 23), and highlights
the difficulty of redeveloping these properties, particularly those with environmental
contamination.
While the property is not within the NRCC neighborhood or zoning district, it is adjacent to it, and
shares many of the characteristics of the former industrial parcels in the NRCC. The Neighborhood
Master Plan for the North River Canal Corridor (2003) promotes constructing a waterfront
pathway along the banks of the North River (Section 2.8), providing waterfront access along the
canal, unlocking redevelopment north of Bridge Street, and improving the image of the canal
edges (Section 3.3).
Further, 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 districts.
The mixture of residential, commercial and open space/recreational uses proposed is appropriate,
and the departure from strict provisions of zoning classifications, specifically residential use in the
Business Park Development zoning district, is justified by the cleanup of the formerly
contaminated and dangerous property, rehabilitation of a blighted site, location of new housing
near the Salem MBTA commuter rail station, and construction of a multi -use path along the canal
that continues the walking and biking trail system proposed for the North River Canal Corridor in
its neighborhood master plan and in other NRCC development projects.
The Planned Unit Development would not result in a net negative environmental impact. The
project requires remediation of a property contaminated from its former industrial use. The
cleanup of the site, introduction of controlled drainage infrastructure, and erosion prevention
measures will result in improvements to the natural environment on the site and surrounding it,
including the water quality in the North River Canal.
2) 7.3.2 Applicability — The proposed PUD meets the minimum size requirement of 60,000 square
feet; the development parcels total 362,000 square feet. The underlying zoning districts of the
proposed development parcels are largely Business Park Development, with a small portion of
Industrial; both are eligible zoning districts for PUD treatment. A portion of 64 Grove Street,
which is mostly zoned Business Park Development, is zoned Residential Two -Family, which does
not allow PUD. However, the PUD development does not extend more than 30 feet into this more
restrictive zoning district, and so is allowable under the Salem Zoning Ordinance (Section 2.4, Lot
Split by Boundary Line).
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3) 7.3.5 Uses —AU proposed uses, including residential multi -family and commercial, are allowed in a
PUDdeve|opnnent.
)� 7.3.32—Acommercial use (office space) isproposed within the PUDproject site. However, it
is not directly adjacent to a residential zoning district.
7.l33—|nthe Business Park Development district, residential uses and associated
improvements cannot exceed 5O96ofthe land area nfthe parcel. The residential
development, including associated improvements such as driveways, parking and landscaping,
comprise less than 5O96nfthe total land area ofthe project site.
4\7�.4Dimensional Requirements:
7].4l Bulk, yards, parking and loading needs were evaluated by the Planning Board and
found to be adequate.
�~ 7.].4INoindividual house lots are proposed. The Planning Board finds the amount of
frontage provided onthe project sitetobeadequateandappropriatetothesurround)ng
neighborhood.
)� 7.I4.3. No individual house lots are proposed. The Planning Board finds the amount ofusable
and accessible open area within the total development isadequate.
)� 7.3.4.4. No proposed residential building on the site exceeds four (4) stories, as determined by
the Salem Building Comm issioner/Zoning Officer.
5\7.3.5Open Space —the applicant/project ovvnervviUprovideaneasennenta|ongtheproposed
bicycle path and directly adjacent areas to allow for public access and recreational use by residents of
the City as acondition ofthis application (see Conditions, be|ovv).
The Planning Board hereby makes the following findings pertaining tOthe Flood Hazard District
Special Permit Application:
l. The proposed use will comply in all respects to the uses and provisions of the underlying
district in which the land is located.
2. There are adequate convenience and safety of vehicular and pedestrian movement within the
site and inrelation toadjacent streets and property, particularly )nthe event offlooding ofthe
lot(s) or adjacent lot(s) caused byeither overspill from vxaterbodiesor high runoff.
Utilities, including gas, electricity, fuel, water and sewage disposal, shall belocated and
constructed so as to protect against breaking, leaking, shortcircuiting, grounding or igniting or
any other damage due toflooding.
At a (regularly scheduled) meeting of the Planning Board held on (date), the Planning Board voted by
a vote nf(nunnber) (XXX) in favor (names), and (number) (XXX)opposed, to approve (deny)the Site
Plan Review, Planned Unit Development Special Permit, and Flood Hazard District Special Permit,
subject tothe following conditions:
Conformance with the Plan
Work shall conform to the plans entitled, "Site Plan for Mixed -Use Development: Legacy Park
Apartments at Harmony Grove, 60 & 64 Grove Street and 3 Harmony Grove Road, Salem, MA
December 2011," prepared by Griffin Engineering Group, LLC, LeBlanc Survey Associates, Beauds
Art, Inc., Sebego Technics, WLS Lighting Systems, for MRM Project Management, LLC, including
pages N-1, C-1, C-2, C-3A-C, C-5A-C, C-6, C-7, C-8, 1 of 1 (Landscaping Plan), 1 of 1 (Photometric
Plan), A.1.1, A2.2, dated December 2011 and last revised June 20, 2012; page A2.1, last dated July
2, 2012; C-4A-C and C-8, last dated September 10, 2012, and pages C-3 and C-9, last dated
October 1, 2012.
2. Amendments
Any amendments to the site plan shall be reviewed by the City Planner and if deemed to be a
significant change 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. Project Delays
The developer, his successors or assigns shall notify the Department of Planning and Community
Development if work on the site ceases for any reason for a period of six (6) months. In this event,
the applicant shall be required to appear before the Planning Board and report to the Board the
reason(s) why work has ceased at the project and a schedule of when work will begin again at the
site, as well as a date of final project completion. If substantial work has not commenced on the
site, as deemed by the Board, and such work is not anticipated to begin within two (2) years of the
date of the Planning Board's original decision, the applicant shall notify the Board and, prior to the
two-year anniversary of the issuance of the permit, shall request an extension of the permit from
the Board. Applicant shall provide in such request any and all materials the Board may require to
make a determination on the extension request, including but not limited to: studies, reports or
new plans, at the applicant's expense, as requested by the Board and deemed necessary by the
City Planner.
4. Landscaping
a. All landscaping shall be done in accordance with the approved set of plans.
b. Maintenance of all landscaping shall be the responsibility of the applicant, his successors or
assigns. The applicant, his successors or assigns, shall guarantee all trees and shrubs for a two- (2)
year period.
c. Any street trees removed as a result of construction shall be replaced. The location of the trees
shall be approved by the City Planner prior to replanting.
d, Final completed landscaping shall be subject to approval by the City Planner prior to the
issuance of a Certificate of Occupancy.
5. Signage
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All proposed signage shall be reviewed and approved by the City Planner in accordance with the
City ofSalem sign ordinance prior tothe issuance ofasign permit. Approval Ofthe site plans does
not represent approval of proposed signage.
G. Lighting
a. Nolight shall cast aglare onto adjacent parcels oradjacent rights ofway.
b. Afinal lighting plan shall be submitted tothe City Planner for review and approval prior tothe
issuance of building permit for the residential buildings.
c. After installation, lighting shall bereviewed and approved bythe City Planner, prior tOthe
issuance ofaCertificate ofOccupancy.
7. Construction Practices
All construction shall be carried out in accordance with the following conditions:
a. All provisions in the City of Salem's Code of Ordinance, Chapter 22, Noise Control, shall be
strictly adhered to.
b. 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
beundertaken inaccordance with all local and state regulations.
C. All reasonable action shall betaken 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 ofdemolition and construction ofthe project.
d. All construction vehicles and equipment 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.
. All construction vehicles left overnight at the site, must be located completely on the site.
& All sidewalks, roadways, utilities, landscaping, etc. damaged during construction shall be
replaced orrepaired totheir pre -construction condition, or better.
h. A construction traffic/phasing management plan and schedule shall be submitted to the
Department of Planning & Community Development and Police Department for review and
approval prior tothe issuance ofabuilding permit.
8. Health Department and Board mfHealth
All work shall comply with the requirements of the Salem Health Department and Board of Health,
including but not limited tothe following:
a. The units must comply with all the requirements of Chapter 11 of the State Sanitary code:
lO5[MR4lOincluding but not limited to:
Screens for windows
]� Adequate trash disposal facilities
}~ Adequate ventilation
|� Provide heating during the heating season at the required temperatures
b. Provide a mosquito control plan for the catch basins.
c. All units that are rented must be granted a certificate of fitness by the Board of Health prior to
occupancy. Acopy must beprovided tothe renter.
d. If the units are sub -metered, then the owner must fill sub -metering affidavit for each
individual unit prior torenting unit. If the affidavit isnot filed, tenant cannot becharged for
water.
e. Applicant must submit a trash disposal plan to ensure there is adequate capacity for storage of
trash onsite, including contingencies to address tenant changeovers and other high trash
disposal events.
f Building owner is required to ensure that adequate contingencies are in place to address pest
contrO|/rennediatiQn. Specifically:
)� A pest control survey is to be done prior to commencement of construction.
)� There is to be pre -baiting program in place.
There is to be an ongoing pest monitoring program and a program to respond to
complaints from abutters.
�+ Applicant is to submit a written description of the program and ongoing results of pest
control site visits has tobeavailable for inspection.
Reports must include any rodent activity and actions taken. The locations should be
mapped and activity identified bylocation ofstations.
9. Office ofthe City Engineer
The applicant, his successors or assigns shall comply with the requirements of the City Engineer,
including but not limited tothe following:
a. Applicant is to provide a completed NOI and SWPPP to the Planning Department prior to
any land disturbance, and in any event, prior to issuance of a building permit.
b. Applicant is to provide a completed and signed Illicit Discharge Compliance Statement to
the Planning Department prior to obtaining a building permit.
c. Applicant istoprovide detailed design plans stamped byaMassachusetts Registered
Professional Engineer for the proposed retaining walls for review and approval by the City
Engineer prior to obtaining a building permit.
d. Applicant is to provide a step -backwater analysis for the lO', 50' and lOO'yearf|ood events
for both existing and proposed conditions to demonstrate the adequacy of the hydraulic
opening, structure depth and profile nfthe access road, for review and approval bythe
City Engineer prior to obtaining a building permit for the residential buildings or the
bridges.
g. Applicant is to provide a detailed structural, geotechnical and hydraulic design for the
bridges for review and approval by the City Engineer prior to obtaining a building permit
for the residential buildings or vehicular bridQo. Applicant is to provide a detailed
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structural, geotechnica/ and hydraulic design for the pedestrian bridge for review and
approval bythe City Engineer prior toobtaining aCertificate nfOccupancy.
f. Applicant )stoprovide detailed hydraulic flow and design calculations for the proposed
domestic and fire water services for review and approval by the City Engineer prior to
obtaining building permit or commencing land disturbance activities.
g. Applicant is to coordinate with the City to obtain access to the valve at Beaver Street in
order to evaluate its condition and to determine if it will need to be replaced prior to
obtaining a building permit for the residential or commercial buildings. Applicant shall
coordinate this inspection with the City Engineer.
h. Applicant is to add the K4D[traps tnthe operation and maintenance plan, schedule and
log form. The operation and maintenance plan should include at nnininnunn the
frequency ofinspections, cleaning and pumping.
i. Applicant will be responsible for replacing the sewer service if it proves to be in
unsatisfactory condition. Applicant shall beresponsible tocoordinate the inspection of the
existing sewer lines with the City Engineer.
i Applicant shall inspect and repair as necessary the 12'inch drainage pipe from Harmony
Grove Road to the North River Canal that is located on the l Harmony Grove Road parcel.
The work issubject toreview and approval bythe City Engineer. |fadifferent size pipe or
other repair isneeded, the applicant shall beresponsible for the work.
1O.Fire Department
All work shall comply with the requirements of the Salem Fire Department.
11. Office of the Building Commissioner
All work shall comply with the requirements of the 5a|enn Building Commissioner.
12.Conservation Commission
All work shall comply with the requirements of the Salem Conservation Commission.
13. Utilities
a. Utility installation shall be reviewed and approved by the City Engineer prior to the issuance Of
any Building Permit. The applicant shall have an engineer certify the utility plans for review by
the City Engineer, prior to the issuance of any Building Permit.
b. All electrical utilities for the site shall be underground.
lS.HVAC
a. The HVA[equipment located onthe building roofs shall hevisually screened byparapets, as
shown onthe submitted plans.
b. HVA[units shall besufficiently buffered and the applicant shall take steps tofurther mitigate
noise emanating from the HVA[units(s)ifthe Board ofHealth receives any complaints.
16. Maintenance
a. Refuse removal, ground maintenance and snow removal shall be the responsibility of the
applicant. "Refuse rennnvo|" 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 ofth2 owner's
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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.
17. As -built Plans
a. As'bui|tp|ans,stennpedbyaReXistenedPnofessiona|Engineer,shaUbesubnnhtedtothe
Department of Planning and Community Development and Department of Public Services prior to
the issuance ofany Certificate ofOccupancy.
b. TheAs'Bui|t plans shall besubmitted tothe City Engineer in electronic file format suitable for
the City's use and approved by the City Engineer, prior to the issuance of any Certificate of
Occupancy.
c. A completed tie card, a blank copy (available at the Engineering Department) and a
certification signed and stamped by the design engineer, stating that the work was completed in
substantial compliance with the design drawing must be submitted to the City Engineer prior to
the issuance of any Certificate of Occupancy; as well as, any subsequent requirements by the [hv
Engineer.
18. Violations
Violations ofany condition contained herein shall result in revocation of this permit bythe
Planning Board, unless the violation of such condition is waived by majority vote of the Planning
Board.
l9.Affordable Housing
The Petitioner shall place an Affordable Housing Restriction on the development ensuring that at least
fourteen (14) of the one hundred and forty-one (141) units shall be affordable. The form ofthe
restriction is to be approved by the City Planner and recorded with the Essex South Registry of Deeds.
The affordable housing restriction is to be in accordance with the eligibility criteria for the
Commonwealth Department of Housing and Community Development's Subsidized Housing Inventory
for the purpose of ensuring that at least fourteen (14) dwelling units will be restricted as affordable
housing for households whose annual incomes are eighty percent (80%) or less of area median
income with rents affordable to low and moderate income households, by standards established by
the Department of Housing and Urban Development, for a period of ninety-nine (99) years from the
date ofthe first occupancy permit.
3O.Special Conditions:
o. The parcel located at 1 Harmony Grove Road, if developed in the future, is to be developed
for acommercial use, Such future development shall beconsidered anamendment tothe
Planned Unit Development and is subject to Planning Board review and approval.
b. The Planning Board encourages commercial development on the property in the future.
The Planning Board will require only 172 spaces on the site to be dedicated to residential
use. The remaining 43 spaces may be dedicated to commercial use in the future.
c. Applicant is to submit revised plans to the Planning Board demonstrating that the parcels
identified as 5 Harmony Grove Road and l Harmony Grove Road are included in the overall
Planned Unit Development site, prior to issuance of building permit for the residential
buildings. The inclusion of these parcels helps ensure that the overall residential uses and
associated improvements donot exceed 5O96ofthe land area comprising the PUDsite,
d. Applicant is to provide an easement running to the City for a multi -use path on the parcel
located at5Harmony Grove Road. The easement istoberecorded atthe Registry of
Deeds prior toissuance ofaCertificate ofOccupancy.
e. Applicant is to provide an easement running to the City of Salem for public access and
recreational use of the multi -use path shown on the site plans. This easement is to extend
the entire length and width of the rnulti'u5epath, as well as the areas between the path
and the Canal, and the path and five feet from the front of Buildings 2 and 3 (not including
any area shown asresidential land area onthe site p|on). The easement istobereviewed
and approved by the City Planner and recorded at the Registry of Deeds prior to issuance
of building permit for the residential buildings shown on the Plan,
f. Elevation drawings showing renovation of the existing commercial building on 60 Grove
Street, along with a description of the proposed use, are to be submitted to the City
Planner for review and approval prior to issuance of a building permit for 60 Grove Street.
g. Traffic Mitigation:
l�- The applicant agrees to donate $100,000 to the City of Salem for traffic improvements
in the area in and around Harmony Grove Road, Mason Street, Grove Street, Boston
Street, Bridge Street and Goodhue Street for traffic mitigation prior to the issuance of a
building permit for any Ofthe new residential buildings shown onthe Plan.
Subject to all necessary permitting and approvals from the City of Salem, the applicant
is to make the following improvements, as described in the submitted Traffic Impact
and Access Study, Proposed Legacy Apartments otHarmony Grove, Salem, MA,
prepared byVanasse0'Associates, |nc.,dated December 2011:
Sidewalks are to be upgraded to the [ity's standard concrete sidewalks along the
frontages of 3 Harmony Grove Road and 60 and 64 Grove Street, to the satisfaction
ofthe City Engineer, prior toissuance ofany Certificate ofOccupancy. Any existing
bituminous concrete sidewalks along land 5Harmony Grove Road are tobe
repaired to the satisfaction of the City Engineer, prior to issuance of any Certificate
of Occupancy.
Existing signage and markings at the Grove Street railroad crossing are to be
updated to comply with current standards of the US Department of Transportation
Manual on Uniform Traffic Control Devices (K4UTCD),asamended, prior to issuance
ofany Certificate mfOccupancy,
At the intersection of Grove Street, Beaver Street and Goodhue Street:
i. Provide pavement markings todelineate travel lanes
ii. Install stop signs onthe Grove Street northbound approach atGoodhue
Street, the Beaver Street westbound approach atGrove Street and the
Beaver Street eastbound approach atGoodhue Street
iii. Provide appropriate signageto enforce one-way traffic flow an Goodhue
Street
At the intersection of Grove Street at Harmony Grove Road and Mason Street:
i. Install astop sign atthe Grove Street northbound right -turn movement
ii. Upgrade signs and pavement markings atthe intersection
During months when vegetation is in |eaf, as indicated inthe submitted Traffic
Impact and Access Study, vegetation must be kept trimmed back to ensure
adequate driveway sight lines and sight triangles for vehicles exiting the site.
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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
Onfile with the Planning Board. The Special Permit shall not take effect until acopy ofthis 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 ofTitle. The owner orapplicant, his successors orassigns, shall pay the fee for
recording orregistering.
/
Charles K4.Puleo\Chair
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