PB_Traders and First Amendment - Decision 2020.01.23 - STAMPED CITY of SALE
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PL G BOARD CITY CLERK
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Amended Decision
Planned Unit Development,Site Plan Review, and Stormwater
Management Permit Decision
45 Traders Way and 40 First Street
(Map 8,Lot 159 and Map 13,Lot 11)
January 23, 2019
Findings and Decision
Re: Application of Trader's Way Residential Holdings LLC for the properties located at 45
Traders Way and 40 First Street (Map 08, Lot 0159; Map 13, Lot 0011) for an amendment to a
Planned Unit Development Special Permit and Site Plan Review in accordance with Salem
Zoning Ordinance section 7.3 Planned Unit Development and section 9.5 Site Plan Review.
Procedural History
1. On October 31, 2019, Trader's Way Residential Holding LLC filed an application to
amend the previously approved decision of the Planning Board for a Planned Unit
Development, Site Plan Review, and Stormwater Management Permit dated September
17,2018.
2. The amendment application proposes revisions to walkways, storm drainage systems, and
other site grading and retention alterations due to site conditions and building entryway
alignments. The applicant also proposes revisions and clarification to the building
architecture, footprints, and landscaping. The applicant does not propose further
disturbance of wetland areas nor building footprint shifts more than a few feet.
3. The Planning Board of the City of Salem scheduled the public hearing for November 21,
2019.No testimony was heard, and the meeting was continued to December 5, 2019.
4. On December 5, 2019, the Planning Board opened the public hearing for an amendment
to the Planned Unit Development, Site Plan Review, and Stormwater Management
Permit. The hearing was continued to 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 public hearing was closed on 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.
In considering approval of the amendment to the Planned Unit Development, the Planning
Board finds that the development meets the criteria of the Planned Unit Development as
stated in the Salem Zoning Ordinance, as follows:
Planning Board Decision
45 Traders Way and 40 First Street Amendment
January 23,2019
Specific Findings
A. The Planning Board hereby makes the following findings pertaining to the City of
Salem Zoning Ordinance,Sea 7.3 Planned Unit Development.
7.3.8.1 The proposed planned unit development is in harmony with the purposes
and intent of this Ordinance and the master plan of the City of Salem and
that it will promote the purpose of this section.
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 city by developing the site with a mix of residential units, a
portion of which will be deed restricted as affordable housing, and commercial
spaces generating new tax revenue for the city. The project includes a walking
path through the site that will offer a pedestrian connection for the existing
neighborhood to the adjacent shopping center, and the applicant will contribute
funding towards the City's Transportation Enhancement Fund to address the
impact of transportation network services on municipal roads, and other
transportation infrastructure or any other public purpose substantially related to
the operation of transportation network services in the city including programs
that support alternative modes of transportation. The project also contains a dog
park and a trail system around the wetland for the residents of Salem and various
locations suitable for public art. The changes proposed by the amendment to the
Planned Unit Development maintains the same mixture of housing, open space,
and commercial space as in the original decision.
7.3.8.2 The mixture of uses in the planned unit development is determined to be
sufficiently advantageous to tender it appropriate to depart from the normal
requirements of the district.
The 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 compatible relationship among
the mixture of residential, commercial and open space combined with the
inclusion of affordable housing, a walkway that connects the neighborhood to the
shopping center, funding to support the city's transportation network, inclusions
of a trail around the perimeter of the wetland for residents of Salem and
maintenance of the wetland is determined to be sufficiently advantageous to
render it appropriate to depart from the strict provisions of the underlying zoning
classifications. The changes proposed by the amendment to the Planned Unit
Development maintains the same mixture of uses as in the original decision.
7.3.8.3 The planned unit development would not result in a net negative
environmental impact.
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Planning Board Decision
45 Traders Way and 40 First Street Amendment
January 23,2019
The amendment to the Planned Unit Development meets the intent of the
Massachusetts Stormwater Policy and will not adversely impact post-
development runoff rates, water quality of post-development runoff, volume of
groundwater recharge, or wetland resource area impacts versus the previously
approved plans for the project. As previously approved, the project will maintain
the wetland in its natural state and enhance the wetland by including native
plantings around the edges. The surrounding area will be seeded with a native
wildflower seed mix; furthermore, the wetlands will be protected by the active
management of apartment community and will remain untouched and clean from
trash and debris. As such, the project is not anticipated to have a significant
effect on the aquatic biota of the waterways or aquatic habitats and will not result
in a net negative environmental impact.
Decision
In view of these findings, the Planning Board decided that the project meets all of the requisite
criteria. It is therefore decided to grant an amendment to the Planned Unit Development(Section
7.3), Site Plan Review (Section 9.5) and Stormwater Management Permit in accordance with
Salem Code of Ordinances Chapter 37 for the site located at 45 Traders Way and 40 First Street
in accordance with the terms and conditions stated below.
1. Original Decision
a. All Conditions set forth in the original decision dated September 17, 2018 shall remain
and be adhered to by the applicant, unless explicitly eliminated or amended in this
decision.
2. Conformance with the Plans
a. Work shall conform to the following project plans for 40 First Street and 45 Traders
Way, Salem, MA
i. Sheets C-001, C-102, and C-103A prepared by Allen & Major Associates, Inc.,
dated October 31, 2019.
ii. Sheets AA.6, AA.7, AB.7, AE.6, AE.7, prepared by R.A. Schaefer & D.M.
White, Architects,dated December 16,2019.
iii. Sheets R1 and MI. prepared by R.A. Schaefer & D.M. White. Architects, dated
November 25,2019.
iv. Sheets L1.0, L1.1, L1.2, L1.3, L2.1, L2.2, L2.3, L3.1, L3.2, L3.3, L3.4, L3.5,
L3.6, L3.7, D2.0, and D2.1, prepared by Hawk Design, Inc., dated October 31,
2019.
3. 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.
4. Transfer of Ownership
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Planning Board Decision
45 Traders Way and 40 First Street Amendment
January 23,2019
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.
5. Design
a. Prior to issuance of a Building Permit the applicant shall submit the below modifications
to the Planning Department:
i. Modify the color of the proposed white windows to reduce their stark appearance.
ii. Eliminate the red accent color.
iii. Railing connection points will match the color of the railings.
iv. Modify the middle two roof lines on the front building elevations to be a consisten
style.
V. Consider modification to the entryway columns to reduce the scale with a smaller
base and a square taper.
vi. Consider modification to the sidewalk connections at First Street to allow a direct
connection from the site walkway to the public sidewalk.
vii. Consider modification to horizontal banding so that it does not cross through the
large gable ends.
6. Landscaping
a. The applicant shall make every attempt to keep the originally approved 465 caliper
inches of shade trees on site. If site conditions necessitate the removal of caliper inches,
up to the loss of 75 caliper inches as proposed in the newly approved plan set, the
applicant shall conform with the following condition:
i. Prior to issuance of a Certificate of Occupancy, the applicant shall make a
donation in kind to the City of Salem tree fund for the value of the net negative
loss of caliper inches compared to the originally approved 465 caliper inches of
shade trees. Each caliper inch of shade tree lost shall be valued at$150/inch.
7. Board of Health
a. Any proposed swimming pool shall be approved by the Salem Health Department per
Massachusetts State Sanitary Code Chapter 5 105 CMR 435.00.
8. City Engineer
a. Prior to issuance of a foundation permit, the applicant shall submit details for the
proposed retaining walls adjacent to the wetland area to confirm that wall footings will
not require excavation into the resource area.
9. 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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Planning Board Decision
45 Traders Way and 40 First Street Amendment
January 23,2019
Record of Vote
The following members of the Planning Board vote to grant the Planned Unit Development
Permit and a Site Plan Review 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) are in opposition to the granting of the Planned Unit Development Permit and a Site
Plan Review.
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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