PB_51 Canal Street - Decision 2020.01.23 - STAMPED CITY OF SALEM
PLANNING N BOARD 2020 3AN 23 PM 6: 21
CITY CLERK
SAl FM. BASS
Decision
Site Plan Review and Flood Hazard Overlay District Special Permit
51 Canal Street(Map 34,Lot 86)
January 23,2020
Salem Car Wash,LLC
PO Box 554
Westerly,RI 02891
RE: Site Plan Review and Flood Hazard Overlay District Special Permit Decision for
Salem Car Wash,LLC at 51 Canal Street
Procedural History
1. An application for a Site Plan Review and Flood Hazard Overlay District Special Permit
under Sections 9.5 and 8.1 of the City of Salem Zoning Ordinance was made by Salem
Car Wash,LLC and filed with the Planning Board on October 31,2019.
2. The Planning Board of the City of Salem scheduled a public hearing for Thursday,
November 21, 2019. No testimony was heard, and the meeting was continued to
Thursday,December 5,2019.
3. The Planning Board opened a public hearing for the Site Plan Review and Flood Hazard
Overlay District Special Permit on Thursday, December 5, 2019. At this hearing the
Planning Board, by a simple majority vote per section 8.2.8(2) of the Salem Zoning
Ordinance, determined that the applicant would not be referred to the Design Review
Board of the Salem Redevelopment Authority for a recommendation concerning the
design of the project.
4. The public hearing was continued to Thursday,December 19,2019.
5. The Planning Board convened on December 19, 2019 but lacked a quorum at this
scheduled hearing. The Chairperson announced that the public hearing would be
continued to Thursday, January 9, 2020 at 7:00 pm in the first floor public meeting room
at 98 Washington Street.
6. The hearing was closed on Thursday, January 9, 2020.
7. 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.
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General Findings
The subject property is located at 51 Canal Street (Map 34, Lot 86). The applicant proposes to
demolish the existing facility and to build a 3,900 square foot car wash building, customer
parking for access to vacuum cleaners, employee parking,ADA access, and approximately 6,000
square feet of landscape area.
In response to Board feedback, the applicant resubmitted architectural plans that were more
compatible with the surrounding land uses and the project's proposed use as a car wash.
Specific Findings
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.
8.1 Flood Hazard Overlay District Special Permit and Sec. 9.5 Site Plan Review as follows:
Pursuant to Section 8.1.2.2.(a) of the Salem Zoning Ordinance, the FHOD includes all special
flood hazard areas within the City of Salem designated as Zone A, AE, or VE on the Essex
County Flood Insurance Rate Map (FIRM) issued by FEMA. A portion of the site is within
FEMA Flood Zone AE. Therefore, in considering approval of the Flood Hazard Overlay District
Special Permit,the Planning Board makes the following findings:
1) The proposed use will comply in all respects to the uses and provisions of the underlying
district in which the land is located.
a) The subject property is located in the B4 and R2 zoning districts. Additionally,the Salem
Board of Appeals issued a Special Permit for the property on October 2, 2019 per Section
3.3.3 Nonconforming Structures and Section 3.3.4 Variance Required to reconstruct a
nonconforming structure. Both permits were issued with conditions. The project complies
in all respects to these uses and provisions.
2) There are adequate convenience and safety of vehicular and pedestrian movement within the
site and in relation to adjacent streets and property,particularly in the event of flooding of the
lot(s)or adjacent lot(s)caused by either overspill from waterbodies or high runoff.
a) The proposed grading of the site ensures the available storage volume within the
Bordering Land Subject to Flooding (BLSF) is greater in the proposed condition than in
the existing condition. Additionally, individuals would be able to exit towards the rear of
the site onto Ropes Street and Florence Street out of the 100 year floodplain.
b) Improved vehicle circulation and queuing patterns on site will additionally ensure
adequate convenience and safety of vehicular and pedestrian movement within in the site
and to adjacent parcels.
3) Utilities, including gas, electricity, fuel, water and sewage disposal, shall be located and
constructed so as to protect against breaking, leaking, short-circuiting, grounding or igniting
or any other damage due to flooding.
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a) All utilities, including but not limited to the electrical panel, gas service and hot water
heaters will be installed above the 100-year flood elevation(elevation 10).
b) All Service connections will be in compliance with the current edition of the
Massachusetts Building Code, 780 CMR State Board of Building Regulations Standard,
Appendix G: Flood-Resistance Construction.
4) Where the proposed use will be located within a coastal high hazard area (Zone VE on the
FEMA Flood Insurance Rate Maps), the Planning Board shall also find the following
conditions to be fulfilled: New structures or substantial improvements shall be located
landward of the reach of mean high tide. The support of new structures or substantial
improvements shall not be,in whole or in part,by the use of fill.
a) There is no coastal high hazard area(Zone VE)on the subject property.
Decision
In view of these findings, the Planning Board decided at a regularly scheduled meeting on
January 9, 2020 by a vote of nine (9) in favor, none (0) opposed to approve the proposed
amendment subject to the following conditions:
1) Conformance with the Plan
a) Work shall conform to the plans entitled, "Site Redevelopment Plans for a Proposed Car
Wash Located at 51 Canal Street Salem, Massachusetts," prepared by The Morin-
Cameron Group, Inc, dated October 31,2019 and revised December 19,2019.
b) Revised Plans reflecting all conditions and incorporating by reference this decision must
be submitted to and approved by the City Planner for consistency with this decision prior
to the issuance of a foundation permit.
2) Amendments
a) Any amendment 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.
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4) Landscaping
a) An as built landscaping plan accompanied with a letter from a Registered 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.
b) 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.
5) 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.
b) Light trespass onto adjacent parcels/rights of way shall be avoided as indicated on the
photometric plan.
6) 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, 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.
7) Fire Department
a) All work shall comply with the requirements of the Salem Fire Department.
8) Building Inspector
a) All work shall comply with the requirements of the Salem Building Inspector
9) 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.
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 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.
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e) A copy of the Demolition Notice sent to the DEP, Form BVWPAO6, must be sent to the
Health Agent.
f) The developer shall adhere to a drainage plan as approved by the City Engineer.
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
invoice 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) The Fire Department must approve the plan regarding access for fire fighting.
1) Noise levels from the resultant establishment(s)generated by operations, including but not
limited to refrigeration and heating, shall not increase the broadband sound level by more
than 10 dB(A) above the ambient levels measured at the property line.
m) The developer shall disclose in writing to the Health Agent the origin of any fill material
needed for the project.
n) 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.
o) The developer shall notify the Health Agent when the project is complete for final
inspection and confirmation that above conditions have been met.
10)City Engineer&Utilities
a) All work shall comply with the requirements of the City Engineer.
b) Provide inspection report/summary letter from licensed plumber regarding condition of
existing water service for reuse prior to building permit.
c) Provide all data and calculations, including results of hydrant flow testing, prior to
building permit.
d) Provide final location of water meter prior to building permit.
e) Provide video of repaired sewer lateral when complete.
f) The sand oil and grease separator shown on D-2 appears to only have one inlet (4" from
floor drain) and this is inconsistent with the plan on C5. The applicant shall correct this
inconsistency.
g) The concrete sidewalk replacement note on sheet C3 should appear on C5.
h) Applicant shall include a note on sheet C5 that if work in Canal Street becomes
necessary, such that asphalt will be impacted,Contractor shall first coordinate with Salem
Engineering Department.
i) Prior to issuance of the Building Permit, the applicant shall identify the proposed
location, dimensions, and screening of utilities, including: water, stormwater, sewer,
drainage, drain inlets, drainage tanks, back flow preventers, manholes, hydrants, gas,
electrical, telephone, wireless telecommunications facilities, HVAC-related mechanicals,
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transformers, switchgears, generators, intake, and exhaust features including: ventilation,
stacks, fans, louvers, steam, and recycling and other waste disposal locations.
11)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 is deemed necessary by the City Planner. Notwithstanding the
foregoing, the parties acknowledge the Project shall be subject to controlled construction,
which requires oversight by a Registered Professional Civil Engineer. 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,including,but not necessarily limited to:
i) all utility cut and caps related to the City's Demolition Permit;
ii) all new utility installations;
iii) any connections to, extension of, or improvements to publicly owned
infrastructure both on the applicant's site or within the City's right of way and any
on-site stormwater or wastewater systems;
iv) any new installations or modifications to existing pavement/sidewalk/curbing; and
v) any sedimentation and erosion control barriers
b) The Clerk of the Works shall review and approve all proposed, or approved, changes to
the original Planning Board decision.
c) 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.
d) The Clerk of the Works shall provide the applicant, the City Planner, and the City
Engineer reports of inspections including the dates and times on site with all invoices.
e) The applicant shall submit a construction plan that includes a detailed sequence and
schedule of all construction activities related to the Project to the City Planner for
approval prior to starting work. The construction plan shall clearly detail the sequencing,
schedule and duration of all construction activities related to the Clerk of the Works'
purview. Once the construction plan is approved, it shall be used to create a Task Order
for the Clerk of the Works. If changes to the schedule are necessary, the applicant shall
notify the City Planner, the City Engineer, and the Clerk of the Works as soon as
possible. If the Clerk of the Works must inspect the site due to lack of sufficient
scheduling information and/or non-compliance with permits, approvals, regulations,
and/or laws, the costs associated with this work will be in addition to the scope of work
and cost established at initiation.
f) No work, including blasting, demolition, excavation, and grading shall start before an
approved task order for the Clerk of the Works services has been agreed upon and
approved by all parties.
12)Pre-Construction Conference
a) Prior to mobilizing equipment on site for the start of work, a pre-construction conference
shall be scheduled with the City Planner, the City Engineer (or his designee), the
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Building Commissioner, the Health Agent, and any other departments that may be
necessary. The Owner shall submit a construction schedule at the time of the pre-
construction conference. The schedule shall include a description of how construction
will be phased and staged and what the impacts will be to the sidewalks and roadways.
13)Construction Practices
a) All construction shall be carried out in accordance with the following conditions:
i) All provisions in the City of Salem's Code of Ordinance, Chapter 22, Noise Control,
shall be strictly adhered to.
ii) 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.
iii) 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.
iv) 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.
v) 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.
vi) Any roadways, driveways, sidewalks, or landscaping damaged during construction
shall be restored to their original condition by the applicant.
vii)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.
viii) 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.
ix) All construction vehicles left overnight at the site, must be located completely on the
site.
x) All construction activities shall be in accordance with the "Salem Police Station
Construction Management Plan".
xi) All construction related to contamination 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 or under
the appropriate code.
xii)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.
14)As-built Plans
a) As-built Plans, stamped by a Registered Professional Engineer, shall be reviewed and
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approved by the Clerk of the Works, then submitted to the Department of Planning and
Community Development and Department of Public Services prior to the issuance of the
Certificate of Occupancy. As-built plans shall identify 1) the number, location, depth,
size and materials of all buried utilities and 2) locations and rim and invert elevations of
all manholes and structures.
b) The As-Built plans shall be submitted to the City Engineer in an 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) 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 the Certificate of Occupancy; as well as, any
subsequent requirements by the City Engineer.
15)Violations
a) Violations of any condition contained herein 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.
Record of Vote
The following members of the Planning Board vote to grant Site Plan Review and Flood Hazard
Overlay District Special Permit subject to the above-stated terms and conditions: Chair Ben
Anderson, Kirt Rieder, Matt Veno, Helen Sides, Noah Koretz, DJ Napolitano, Bill Griset, Matt
Smith, and Carole Hamilton.
None (0) of the members of the Planning Board are in opposition to the granting of a Site Plan
Review and Flood Hazard Overlay District Special Permit.
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.
Ben J. Anderson
Chairman
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