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Decision31 JUNIPER AVENUE D center tab fold CITY OF SALEM PLANNING BOARD Notice of Decision At a meeting of City of Salem Planning Board held on Thursday, November 1, 2018 at 7:00pm at 98 Washington St., Salem, MA, the Planning Board voted on the following items: A public hearing to consider the application of JASPER PROPERTIES SERVICES LLC for the property located at 31 JUNIPER AVENUE (Map 44, Lot 62) for a Flood Hazard Overlay District Special Permit in accordance with the Salem Zoning Ordinance Section 8.1. Specifically, the applicant proposes demolition of existing structure and construction of new single-family dwelling, utility work, minor grading, and associated improvements. Decision: Approved with conditions Filed with the City Clerk on November 8, 2018 A copy of the Decision is on file and available for review during normal business hours at the Department of Planning & Community Development, Second Floor, 98 Washington Street, Salem, MA or at the City Clerk, 93 Washington Street, Salem, MA. The Decision has been posted by address or project at: httos://www. salem. com/nlannin2-board/webforms/nlannine-board-2018-decisions. This notice is being sent in compliance with the Massachusetts General Laws, Chapter 40A, Sections 9 & 15 and does not require action by the recipient. Appeals, if any, shall be made pursuant to Chapter 40A, Section 17, and shall be filed within 20 days from the date which the decision was filed with the City Clerk. 98 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • PHONE 978.619.5685 • WWW.SALEM.COM CITY OF SALEM PLA\NING BOARD 2818HQY-8 AMtl:4 SALEM,MM� S Flood Hazard Overlay District Special Permit Decision November 8, 2018 Findings and Decision Re: Application of Jasper Properties Services LLC for a Flood Hazard Overlay District (FHOD) Special Permit Jasper Properties Services LLC for a Flood Hazard Overlay District Special Permit in accordance with Salem Zoning Ordinance, Section 8.1 - Flood Hazard Overlay District (FHOD) for the demolition of the existing structure and construction of a new single-family dwelling, utility work, minor grading, and associated improvements. Procedural History 1. A Flood Hazard Overlay District Special Permit application to demolish the existing single- family dwelling and construct a new single-family dwelling at 31 Juniper Avenue (Map 44, Lot 62) located in the AE Flood Zone pursuant to Section 8.1 of the Salem Zoning Ordinance was made by the above referenced owner and filed with the Planning Board on October 2, 2018. 2. This FHOD special permit application is accompanied by and augmented by a plan, entitled "Site Plan, 31 Juniper Avenue, Salem, MA, 01970" dated August 2018. 3. The Planning Board of the City of Salem opened a Public Hearing for the Flood Hazard Overlay District Special Permit on November 1, 2018. 4. The public hearing was closed on November 1, 2018 with the following Planning Board members present: Chair Ben Anderson, Bill Griset, Matt Veno, Carole Hamilton, Matt Smith, and Kirt Rieder. 5. 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 1. The applicant proposes demolition of existing structure and construction of new single- family dwelling, utility work, minor grading, and associated improvements at 31 Juniper Avenue (Map 44, Lot 62). 1 !IIL Q©JY 2. The finished first floor will be above the 100-year flood elevation (elevation 11). 3. The garage will be at approximately 8.3' with flood vents installed in the walls. b. FHOD Special Permit Criteria 1. 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 the FEMA. In considering approval of the Flood Hazard Overlay District Special Permit, the Planning Board hereby makes the findings for the portion of the site within the FHOD pertaining to the Flood Hazard Overlay District Special Permit Application as follows: 1. The proposed uses comply in all respects to the uses and provisions of the underlying districts in which the land is located. i. The existing dwelling is a non -conforming residential use located in the R-1 Zoning District. The applicant submitted a petition requesting a Special Permit to the Salem Zoning Board of Appeals to reconstruct and enlarge an existing nonconforming single family structure. The Zoning Board of Appeals issued a decision approving the Special Permit on January 3, 2018. 2. There is 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 water bodies or high runoff. i. The proposed project will have no impact on existing traffic patterns on Juniper Avenue. In the event of a 100-year flooding event, the finished portion of the building will remain accessible to occupants. 3. Utilities, including gas, electricity, fuel, water and sewage disposal, will be located and constructed so as to protect against breaking, leaking, short-circuiting, grounding or igniting or any other damage due to flooding. i. 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 11). 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 fmd 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. i. There are no proposed uses within the VE zone as mapped by FEMA on the site. 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 FHOD Special Permit for the development of in accordance with the terms and conditions stated below. 2 1. Conformance with the Plan a. Work shall conform with the set of plans prepared by Bobrek Engineering & Construction, 141 Pine Street, Danvers, MA entitled, "Existing Conditions, 31 Juniper Avenue, Salem MA" dated October 2018 and "Site Plan, 31 Juniper Avenue, Salem MA" dated September 2018. 2. Amendments a. Any amendments to the approved plans referenced in 1.a. 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. Board of Health a. All Board of Health requirements shall be strictly adhered to. 4. Fire Department a. All work shall comply with the requirements of the Salem Fire Department. 5. Building Inspector a. All work shall comply with the requirements of the Salem Building Inspector. 6. City Engineer a. All work shall comply with the requirements of the City Engineer. 7. As -built Plans a. As -built Plans, stamped by a Registered Professional Engineer, shall be reviewed and 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 and the City Planner 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. 8. 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 construction of the project. 3 iii. 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. iv. 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. v. 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. vi. All construction vehicles left overnight at the site must be located completely on the site. vii. 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 City Planner prior to construction. viii. Any roadways, driveways, sidewalks, or landscaping damaged during construction shall be restored to their original condition by the applicant. 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. Record of Vote The following members of the Planning Board vote to grant a Flood Hazard Overlay District Special Permit subject to the above -stated terms and conditions: Chair Ben Anderson, Bill Griset, Matt Veno, Carole Hamilton, Matt Smith, and Kirt Rieder. None of the members of the Planning Board are in opposition to the granting of a 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 and/or 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 4