2nd Amended Decision 9-11 Dodge Street PUD 4
CITY OF SALEM
2016 MAY 24 pM ; j
0(i) PLANNING BOARD ��
M. MASS
Amended Decision (2)
Site Plan Review, Flood Hazard Overlay District Special Permit,
and Planned Unit Development Special Permit Decision
11-13 DODGE STREET,217-219 &231-251 WASHINGTON STREET
(Map 34,Lots 404,405, and 406)
May 24, 2018
Dodge Area, LLC
c/o the DeNunzio Group
305 Cambridge St., Ste. 3
Cambridge, MA 02141
RE: Amendments to a Planned Unit Development Special Permit, Site Plan Review, Flood
Hazard District Special Permit, and Stormwater Management Permit Decision for the proposed
development at 11-13 Dodge Street,217-219 &231-251 Washington Street.
On Thursday, April 5, 2018 the Planning Board of the City of Salem opened a Public Hearing
under Section 7.3 Planned Unit Development Special Permit, Section 9.5 Site Plan Review and
Section 8.1 Flood Hazard Overlay District of the City of Salem Zoning Ordinance, at the request
of Dodge Area, LLC to amend their plans for the property located at 11-13 Dodge Street, 217-
219&231-251 Washington Street.
The amendment is to a Planned Unit Development, Site Plan Review and Flood Hazard Overlay
District Permit that was approved by the Planning Board on December 22, 2014 and amended on
September 9, 2015. The proposed amendment is to replace the two possible programs with one
program that consists of 113 hotel units, 56 residential units, and approximately 12,000 square
feet of mixed commercial space. The maximum number of stories is reduced from six (6) to five
(5), the footprint is substantially similar and the number of parking spaces will remain the same
at two hundred twelve(212).
The Public Hearing was continued to April 19, 2018; May 3, 2018; May 17, 2018 and closed on
May 17, 2018.
The Planning Board, after a public hearing and review of submitted materials and testimony,
hereby finds that the proposed amendment to the previously approved project meets the
provisions of the City of Salem Zoning Ordinance, Sec. 7.3 Planned Unit Development, as
follows:
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7.3.1.Purpose—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 Planned Unit Development (PUD) incorporates a precise
development plan for its use program: 146,000 square foot new-mixed use development with 113
hotel rooms, 56 residential units and approximately 12,000 square feet of commercial space. This
use program provides a mix of uses that are compatible with each other, thereby meeting the
purpose and intent of good zoning practices and the master plan of the City of Salem.
7.3.2 Applicability — 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
65,173 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 Uses — The proposed uses as described in this decision in Section 7.3.1, are allowed in a
PUD development.
7.3.3.1 —The proposed Planned Unit Development use program contains multi-family residential
development that is compatible with adjacent existing residential development and potential
development of the surrounding neighborhood because adjacent parcels are either zoned B5 or
R3 (across the street).
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 and use program have 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.
The Planning Board hereby makes the following findings pertaining to the Planned Unit
Development Special Permit application:
1. The proposed amendment to the previously approved planned unit development is in
harmony with the purpose and intent of 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.
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 146,000 square
feet that will greatly enhance this section of the downtown. The mix of housing, commercial
use, and a hotel will add to the vibrancy, vitality, and aesthetics of downtown, providing
substantial public benefit.
3. The planned unit development would not result in a net negative environmental impact,
based on the information from the Environmental Impact Statement and plan.
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The Planning Board hereby makes the following findings pertaining to the Flood Hazard District
Special Permit Application:
1. The proposed uses comply in all respect to the uses and provisions of the underlying
zoning district and the Planned Unit Development provision.
2. A portion of the site is within the 100-year FEMA coastal floodplain. 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 lots(s) caused by either the overspill from water bodies or high runoff. In the
case of a 100-year flood, the upper parking deck will remain accessible during a flooding
event. The regrading of Dodge Street will allow circulation to the other areas of the site.
Adequate drainage will be constructed to drain the lowest level of the garage should it fill
during a flood event.Additionally,the Development Plan includes raising a portion of the
site, so that the finished floor level is located above the 100-year FEMA coastal
floodplain elevation.
3. All 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. The Development Plan and project
narrative indicate that all utilities and essential equipment will be located above
floodplain level.
4. The proposed development will not be located within a coastal high hazard area (Zone
VE on the FEMA Flood Insurance Rate Maps).
At a regularly scheduled meeting of the Planning Board voted on May 17, 2018 by a vote of
seven (7) in favor (Ben Anderson, Matt Veno, Helen Sides, Carole Hamilton, Dale Yale, Noah
Koretz and DJ Napolitano) none (0) opposed to approve the amendment to the Planned Unit
Development Special Permit to allow the amendment as proposed with the following conditions:
1. Conformance with the Plan
a. Work shall conform to the plans entitled:
i. Civil plans C100 to C602 prepared by Design Consultants, Inc. dated March 14,
2018 and last revised on May 9,2018;
ii. Hardscape/Landscape plans L1.1 —L1.3, L2.1 —L2.2, and LD1 prepared by
Verdant Landscape Architecture dated February 22, 2018 and last revised on May
9, 2018;
iii. Photometric study,lighting schedule and lighting specifications prepared by
Available Light dated March 13,2018;
iv. Architectural plans AO.01 —AO.05, A3.01 —A3.02 dated March 13, 2018 prepared
by Opechee Construction Corporation;
V. Green Roof Concept Plan C dated May 24,2018.
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2. Original Decision and Amendments Thereto
a. All conditions set forth in the original decision dated December 22, 2014 and amended
on September 9, 2015 shall remain and be adhered to by the applicant, unless explicitly
eliminated or amended in this decision.
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. Construction Practices
a. All construction shall be carried out in accordance with the following conditions:
i. Exterior construction work shall not be conducted between the hours of 5:00 PM and
8:00 AM the following day on weekdays or at any time on Sundays or Holidays.
Any interior work conducted during these times wilf not involve heavy machinery
which could generate disturbing noises.
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.
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
track silt on public ways.
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 or parked at another off-street parking lot.
vii. A Construction Management Plan and Construction Schedule shall be submitted by
the applicant to the City Planner for review and approval prior to the issuance of a
building permit. Included in this plan, but not limited to, shall be information
regarding how the construction equipment will be stored, a description of the
construction staging area and its location in relation to the site. and where the
construction employees will park their vehicles.
viii. A Traffic Management Plan shall be submitted to the City Planner and Police
Department for review and approval prior to issuance of a building permit. The
Traffic Management Plan shall include the proposed communication methods,
including notification to the Building Salem Coordinator, to keep the public
informed regarding activities affecting vehicular and pedestrian circulation during
construction.
ix. All sidewalks, roadways, utilities, landscaping, etc. damaged during construction
shall be replaced or repaired to their pre-construction condition, or better.
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5. Fire Department
a. All work shall comply with the requirements of the Salem Fire Department in accordance
with the applicable fire prevention regulations. The locations of all fire hydrants shall be
approved by the Fire Department prior to the issuance of any building permit.
6. Building Inspector
a. All work shall comply with the requirements of the Salem Building Inspector consistent
with the current version of the State Building Code, Massachusetts Architectural Access
Board regulations and Massachusetts Energy Codes.
7. Board of Health
a. 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.
b. 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 certifies that soil and ground water on the entire site meets the DEP standards for
the proposed use. Since there are individual parcels combined into one site only that
parcel(s)that is issued a DEP tracking Number is expected to meet this condition. remain
c. The developer shall adhere to a drainage plan as approved by the City Engineer.
d. The developer shall employ a licensed pesticide applicator to assess and exterminate
pests in the area prior to construction, demolition, and/or blasting and shall send a copy
of the exterminator's invoice to the Health Agent. A pest control management plan shall
be developed and submitted to the Health Agent prior to the start of any demolition work.
e. The developer shall maintain the area free from rodents throughout construction.
f. The developer shall submit to the Health Agent a written plan for dust control and street
sweeping which will occur during construction.
g. 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.
h. 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.
i. The developer shall disclose in writing to the Health Agent the origin of any fill material
needed for the project.
j. The resultant establishment(s) shall dispose of all waste materials resulting from its
operations in a sound manner as described to the Board of Health and in compliance with
existing Federal, State and Local laws.
k. The developer shall notify the Health Agent when the project is complete for final
inspection and confirmation that above conditions have been met.
1. In developments of 10 or more units, the developer shall develop a grease management
plan to prevent grease from entering the city sewers that is in compliance with the
requirements of the City Engineer.
m. Salem sits in a Radon Zone 1 and the risk of radon entering buildings is possible.
Therefore, the installation of radon mitigation systems is strongly recommended.
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8. Department of Public Services
a. All work shall comply with the requirements of the Department of Public Services.
9. Conservation Commission
a. All work shall comply with the requirements of the Conservation Commission as the
proposed site is located partially within the FEMA flood zone.
10. Lighting
a. Conditions 9.a. and 9b. of the Amended Decision dated 9/9/15 are explicitly eliminated in
this decision.
b. After installation, lighting shall be reviewed and approved by the City Planner prior to
the issuance of.a Certificate of Occupancy. Notwithstanding the foregoing, to the extent
the construction on the Project or portions of the Project are completed such that a
Certificate of Occupancy could be issued prior to completion of all exterior lighting, for a
portion of the Project or the Project in its entirety, the applicant may provide a
performance bond or surety in an amount and form subject to approval of the City
Planner to ensure that the work is completed within a reasonable timeframe. The
applicant may submit requests to the City Planner for partial releases of said surety based
on work completed.
11. HVAC
a. If an HVAC unit is located on the roof or site, it shall be visually screened. The method
for screening the unit shall be submitted to the City Planner for review and approval prior
to installation.
12.Noise
a. HVAC units shall be sufficiently buffered and the applicant shall take steps to further
mitigate noise emanating from the HVAC units(s) if the Board of Health receives any
complaints. Notwithstanding the foregoing, the guideline for reviewing such noise is that
the broadband sound level should not increase by more than 10 dB(A) above the ambient
levels measured at the property line.
13.Landscaping
a. All landscaping shall be done in accordance with the approved set of plans.
b. Tree locations along Washington Street shall be coordinated with new gas main and any
other existing utilities.
c. Tree locations shall be tested for presence of gas, prior to planting. Gas survey results
shall be submitted to the City Engineer for review and approval prior to planting.
d. The applicant, his successors or assigns, shall guarantee all street trees for a two (2) year
period.
e. Maintenance of all landscaping, with the exception of street trees that will become
property of the City of Salem, shall be the responsibility of the applicant, his successors
or assigns.
f. Final landscaping shall be subject to approval by the City Planner prior to the issuance of
a Certificate of Occupancy. Notwithstanding the foregoing, to the extent that the
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construction is finished such that a Certificate of Occupancy could be issued for a portion
of the Project or the Project in its entirety and that the weather conditions (e.g., late fall,
winter or early spring)_ are such that the landscaping cannot reasonably be finished, the
applicant may provide a performance bond or surety in an amount and form subject to
approval of the City Planner to ensure that the work is completed within a reasonable
timeframe. The applicant may submit requests to the City Planner for partial releases of
said surety based on work completed.
14.Maintenance
a. Refuse removal, ground maintenance and snow removal shall be the responsibility of the
developer, his successors or assigns. "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. For clarity, this
provision does not apply to publicly owned rights of way and streets.
b. The developer, his successors or assigns shall be responsible for the shoveling and/or
snowplowing of the sidewalk for all building frontage along Dodge Street, Washington
Street, and Dodge Street Court.
c. Winter snow in excess of snow storage areas on the site shall be removed off site.
15.As-built Plans
a. As-built Plans, stamped by a Registered Professional Engineer, shall be submitted to the
Department of Planning and Community Development and Department of Public
Services prior to the issuance of the Certificate of Occupancy.
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.
d. To the extent that construction work has been completed sufficient for a Certificate of
Occupancy to be issued for a portion of the Project or the Project in its entirety but that
the As-Built plans have not yet been fully completed (for said portion of the Project or
the Project in its entirety), the applicant may provide a performance bond or surety in an
amount and form subject to approval of the City Planner to ensure that the As-Built Plans
are completed within a reasonable timeframe.
16. 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 engineers 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
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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 including demolition, excavation, and grading shall start prior to an approved task
order for the services.
17. 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.
18. Special Conditions
a. Condition 17.b. of the Amended Decision dated 9/9/15 is explicitly eliminated in this
decision.
b. Stormwater Management Permit
i. Applicant to revise Stormwater Management Report with O&M Plan to
incorporate appropriate detention and groundwater infiltration system and submit
to City Engineer for review and approval prior to issuance of a Foundation or
Building Permit. Revised design to detain roof runoff must demonstrate that
groundwater recharge and pre and post runoff rates meet requirements of
Stormwater Standards for non-tidal discharge.
c. Existing Utility Relocation
i. Plans shall include additional detail of water replacement and connections to
existing water main at each end of proposed relocation for adequate valving and
thrust restraint to the satisfaction of the City Engineer, and also delineate and
formalize the proposed easement layout and language for utilities to be located on
Applicant's property
ii. Applicant to submit additional information from their geotechnical engineer to the
City Engineer regarding proposed vibrations from pile foundation adjacent to
Dodge Street interceptor sewer and modify the foundation design or
protect/rehabilitate/replace sewer prior to issuance of a Foundation Permit.
Applicant to complete CCTV pipeline inspection of the Dodge Street interceptor
sewer before and after completing foundation work and submit to City Engineer,
and, if required, protect/rehabilitate/replace sewer line to address deficiencies or
defects observed.
d. Parking
i. Applicant shall submit revised plan prior to issuance of a building permit that
delineates ten (10) public parking spaces on level three (3) and twenty-eight (28)
public parking spaces on level one(1).
19. Utilities
a. Applicant to submit additional information to the City Planner and City Engineer once
architectural plans are finalized, to demonstrate the proposed fire hydrants and
connections meet requirements of Salem Fire Department and that proposed sewer, drain,
and water service connections are in agreement between the architectural and civil plans,
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and that the design will collect rainfall runoff and detain water as modeled in the revised
Stormwater Management Report,prior to issuance of a Building Permit.
b. Prior to Building Permit issuance, applicant shall provide detailed plans showing on site
sewer and drain connections to city infrastructure.
c. Applicant shall provide documentation on connectivity of recently installed electrical
transformer installed on city property in front of Starbucks.
20. Site Development Plans
a. Applicant to submit additional information to the City Engineer on the number and
location of all existing utility services to all buildings, and revise plans to identify the
number and location of all utilities to be capped or plugged. Applicant is to complete the
abandonment of the service connections prior to issuance of a Demolition Permit.
b. All sewer and drain services not being used by the subject project shall be cut and capped
at their respective mains prior to issuance of a Demolition Permit.
c. Possible water services to existing building on Dodge St court shall be investigated and
cut and capped at main if not being used prior to issuance of a Demolition Permit.
21.Traffic
a. Condition 17.e.1. of the Amended Decision dated 9/9/15 is explicitly eliminated in this
decision.
b. In addition to the Washington Street north leg crosswalk, the proponent is proposing to
upgrade the existing crosswalk across the east leg of Washington Street. This crosswalk
to be enhanced with Pedestrian Warning signs (WI 1-2, W 16-7p), similar to the other
proposed crosswalks. Installation to be completed prior to issuance of a Certificate of
Occupancy.
c. At the intersection of Dodge Street and Dodge Street Court, the proposed Pedestrian
Warning signs (W l l-2, W 16-7p) are not necessary for the Dodge Street Court
approaches since they are Stop sign controlled and are to be eliminated.
d. Pedestrian Warning signs (W 11 -2, W 16-7p) must be provided for the crosswalk across
Dodge Street and installation to be completed prior to issuance of a Certificate of
Occupancy.
e. The Applicant to install crosswalks that meet the City standard, which is an inlaid
preformed thermoplastic asphalt pavement marking system. The proponent shall
coordinate with the City Engineer in regard to the exact specifications. The Applicant to
coordinate with the City Planner regarding the specific pattern.
f. It is expressly noted that certain proposed parking and roadway circulation changes are
subject to approval of Council in accordance with the Salem Traffic Ordinance.
22. Salem Redevelopment Authority
a. All work shall comply with the requirements of the Salem Redevelopment Authority.
23. Condition 23 of the Amended Decision dated 9/9/15 is explicitly eliminated in this decision.
24.Future Changes
a. Once the final Certificate of Occupancy is issued, the approval of the alternate program
of uses shall expire and the Zoning Ordinance will govern any proposed change of use.
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25.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.
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.
i
Ben J. Anderson
Chairman
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