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Decision_342 Highland Ave CITY OF SALEM PLANNING BOARD Decision Site Plan Review 342 Highland Avenue (Map 8, Lot 15) and 2 Barcelona Avenue (Map 8, Lot 14) January 27, 2022 Re: Application ANTHONY GUBA for the property located at 342 Highland Avenue (Map 8, Lot 15) and 2 Barcelona Avenue (Map 8, Lot 14) in the B2 Zoning District for Site Plan Review in the Entrance Corridor Overlay District in accordance with the following sections of the Salem Zoning Ordinance: Section 9.5 Site Plan Review, Section 8.2 Entrance Corridor Overlay District. The applicant specifically proposes to construct an approximately 3,353 square foot Convenience Store and a 12-fuel position Gas Station and all associated improvements. The proposed work includes razing any existing improvements, construction of the new store, fueling islands and canopy, underground tanks, utilities, and pavement. Procedural History 1. An application for a Site Plan Review under Sections 9.5 and 8.2 of the City of Salem Zoning Ordinance was made by Anthony Guba and filed with the Planning Board June 14, 2021. 2. The Planning Board of the City of Salem opened the public hearing on Thursday, July 8, 2021. The public hearing was continued to September 9, 2021, October 21, 2021, November 18, 2021, December 16, 2021, and January 6, 2022. 3. On July 8, 2021, the Planning Board voted to refer the application to the Design Review Board. The Design Review Board considered the application at their July 28, 2021, meeting. 4. On July 28, 2021, the Design Review Board voted six (6) in favor and zero (0) opposed to recommend the design to the Planning Board with conditions. 5. The Planning Board closed the public hearing on January 6, 2022. 6. 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. Site Plan Review Findings The Planning Board finds that the proposed project as conditioned complies with all review criteria as identified in Site Plan Review, Sec. 9.5.6. The Plan meets accepted site planning standards and promotes standards such that the development takes place in a manner which shall in all aspects be an asset to the City. Planning Board Decision 342 Highland Ave January 27, 2022 2 Decision In view of these findings, the Planning Board decided at a regularly scheduled meeting on January 6, 2022, by a vote of nine (Chair Bill Griset, Kirt Rieder, Tom Furey, Todd Waller, Sarah Tarbet, Helen Sides, Todd Waller, Carole Hamilton, Zach Caunter, and Noah Koretz) in favor, and zero (0) opposed to approve the proposed project subject to the following conditions: 1. Conformance with the Plan a. Work shall conform to “Site Plan for New Gas Station and C-Store,” with the sheets listed below (the “Plans”): Drawing Title Sheet No. Prepared By Issued Revised Cover C-0 AL Prime Energy Consultant, Inc. 05.24.2021 12.03.2021 Existing Conditions F19120 Eastern Land Survey Assoc., Inc. 04.05.2021 11.18.2021 Proposed Site Improvements C-1.0 AL Prime Energy Consultant, Inc. 05.24.2021 11.30.2021 Demolition Plan C-1.1 AL Prime Energy Consultant, Inc. 11.08.2021 11.30.2021 Grading C-2 AL Prime Energy Consultant, Inc. 05.24.2021 11.30.2021 Utilities C-3 AL Prime Energy Consultant, Inc. 05.24.2021 11.30.2021 Erosion Control ER-1 AL Prime Energy Consultant, Inc. 05.24.2021 11.30.2021 Stormwater Areas SW-1 AL Prime Energy Consultant, Inc. 05.24.2021 11.30.2021 Landscape L-1 KD Turner Design 03.17.2021 11.26.2021 Lighting 7266-B1 Red Leonard Associates 03.24.2021 12.02.2021 Emergency & tanker Vehicle Path TR-1 AL Prime Energy Consultant, Inc. 05.24.2021 11.08.2021 Tank and Piping Layout TK-1 AL Prime Energy Consultant, Inc. 05.24.2021 11.30.2021 Tank and Piping Details TK-2 AL Prime Energy Consultant, Inc. 05.24.2021 05.24.2021 Self Service Fire Suppression FSP-1 AL Prime Energy Consultant, Inc. 05.24.2021 11.30.2021 Self Service Fire Suppression FSP-2 AL Prime Energy Consultant, Inc. 05.24.2021 05.24.2021 Site Details SD-1 AL Prime Energy Consultant, Inc. 05.24.2021 11.30.2021 Site Details SD-2 AL Prime Energy Consultant, Inc. 05.24.2021 11.30.2021 Planning Board Decision 342 Highland Ave January 27, 2022 3 Floor Plan A1.0 AL Prime Energy Consultant, Inc. 05.24.2021 05.24.2021 Building Elevations A2.1 AL Prime Energy Consultant, Inc. 05.24.2021 05.24.2021 Building Elevations A2.2 AL Prime Energy Consultant, Inc. 05.24.2021 05.24.2021 Canopy Elevations A2.3 AL Prime Energy Consultant, Inc. 05.24.2021 09.02.2021 Sign and Graphics SG-1 AL Prime Energy Consultant, Inc. 05.24.2021 09.02.2021 2. Amendments a. Any proposed future changes to the site plan shall be submitted to the City Planner for their review, prior to any changes in the field. The submission shall include a plan sheet with all changes from the plans approved by the Planning Board bubbled, noted, and stamped by a licensed professional engineer or architect. This submission shall also include a brief narrative explaining the proposed changes. If deemed necessary by the City Planner, these amendments 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. 4. Salem Design Review Board As described in its July 28, 2021, letter to the Planning Board, the Salem Design Review Board voted six (6) in favor and zero (0) opposed to recommend design approval in accordance with the following conditions. a. All construction plans shall be in accordance with the plans submitted and approved by the Planning Board. Any changes from the plans approved by this decision shall be bubbled, noted, and stamped by a licensed professional engineer or architect on the final construction plans submitted to the DRB for review and approval. This submission shall also include a brief narrative explaining any changes. a. The DRB shall inform the City Planner that the construction plans conform to the approved plans or note the changes indicated by the applicant. The DRB shall provide a recommendation to approve or not approve the changes. The City Planner shall review the recommendation, and if deemed necessary by the City Planner, the changes shall be brought to the Planning Board. Any waiver of conditions contained within shall require the approval of the Planning Board. Planning Board Decision 342 Highland Ave January 27, 2022 4 5. Site Specific Conditions a. All of the trees planted shall have a minimum caliper of 3.5” of the tree diameter breast height (DBH) to meet the ECOD minimum standards with the exception of ornamental and coniferous species which the applicant may plant in smaller multiples to meet or exceed the required 3.5” caliper for species within the ECOD. b. All of the curbing around the site shall be vertical granite at least 6” in height. This includes all curbing around landscaped areas. c. The applicant shall reduce the size of the numerals on the canopy signage so that they match the size of the numerals on the freestanding sign. d. In lieu of installing an electric vehicle (EV) charging station as shown on Sheet C- 1.0, Proposed Site Layout, of the plans entitled “Site Plan for New Gas Station and C-Store,” prepared by A.L. Prime Energy Consultant, Inc., dated May 24, 2021, and revised November 30, 2021, applicant shall submit a payment in the amount of $7500, for the full value of an EV charging station, to the City of Salem’s Department of Sustainability and Resiliency prior to issuance of a building permit. The contribution will purchase an EV charging station to be placed elsewhere in the city, at the city's discretion. 6. Pre-Construction Conference a. Prior to mobilizing equipment on site for the start of work, a pre-construction conference as necessary shall be scheduled with the City Planner, the City Engineer (or their designee), the Building Commissioner, the Health Agent, Tree Warden 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. 7. Traffic & Circulation a. To ensure that safe vehicular, bicyclist, and pedestrian circulation is maintained throughout construction, applicant shall submit to the City Planner, prior to issuance of a Building Permit, a plan detailing site access for construction vehicles, material delivery, debris removal, and any other vehicular activity associated with the project’s construction. b. The developer shall coordinate construction activities with the City Engineer. c. The sidewalk on Barcelona Avenue, as shown on the approved plans, shall be installed by the applicant in accordance with City of Salem Engineering standards, and applicant shall insure itself against any liability arising from the use of that sidewalk. d. The property owner shall restrict all deliveries and vehicle circulation to no further than the project curb cut on Barcelona Avenue as shown on the approved plans. Ravenna Avenue shall not be used for the delivery of merchandise or fuel to the business. 8. Landscaping a. An as built landscaping plan accompanied with a letter from a Registered Landscape Architect or certified arborist certifying compliance of the landscaping Planning Board Decision 342 Highland Ave January 27, 2022 5 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. 9. 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. 10. Fire Department a. All work shall comply with the requirements of the Salem Fire Department. 11. Building Inspector a. All work shall comply with the requirements of the Salem Building Inspector 12. Board of Health The owner shall comply with the following specific conditions issued by the 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 meets the DEP standards for the proposed use. c. A copy of the Licensed Asbestos Inspector’s Report must be sent to the Health Agent. d. A copy of the Demolition Notice sent to the DEP, Form BWPAO6, must be sent to the Health Agent. e. The developer shall adhere to a drainage plan as approved by the City Engineer. f. 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. g. The developer shall maintain the area free from rodents throughout construction. h. The developer shall submit to the Health Agent a written plan for dust control and street sweeping which will occur during construction. i. 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. j. The Fire Department must approve the plan regarding access for fire fighting. Planning Board Decision 342 Highland Ave January 27, 2022 6 k. 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. l. The developer shall disclose in writing to the Health Agent the origin of any fill material needed for the project. m. 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. n. The developer shall notify the Health Agent when the project is complete for final inspection and confirmation that above conditions have been met. o. Proposed food establishments must have their plans reviewed by the Health Agent prior to their build-out. 13. City Engineer & Utilities a. All work shall comply with the requirements of the City Engineer. b. Following Conservation Commission review and prior to any earth moving activity on the site, the applicant shall submit a Drainage Alteration Permit letter (see Salem Ordinance Chapter 38, Article VI) to the City Engineer. This shall be prepared by a professional engineer licensed in Massachusetts and accompanied by the corresponding fee, stating, and demonstrating that the conditions required for issuance of a Drainage Alteration Permit have been met. c. Prior to building permit sign-off or issuance of a street opening permit, whichever is first, the applicant’s engineer shall provide a letter to the City Engineer stating that the City sewer system to serve the proposed development has adequate condition and capacity to accommodate proposed flows. Back-up data, including engineering calculations and the results of required sewer inspections and existing flow measurements, shall be included in the letter. Cleaning and CCTV inspections of the sewer main based on the Pipeline Assessment Certification Program (PACP) standards are required showing the full circumference of the pipe. The extents of the cleaning and CCTV limits have been provided with the peer review. A copy of the video and log of all inspections shall be submitted with the applicant’s engineer’s letter. Any deficiencies identified in the collection system shall be indicated in the letter and the letter should include repair recommendations from the applicant’s engineer. All deficiencies identified in the system, shall be corrected by the applicant, at the applicant’s expense, to the satisfaction of the City Engineer. All deficiencies must be corrected by the applicant prior to issuance of a Certificate of Occupancy. d. Prior to any earth moving activities, applicant shall confirm current status of previous water and sewer services to the property and abandon any live services or improperly abandoned at the respective mains to the satisfaction of the City Engineer. Applicant shall provide City Engineer with site demolition plan. e. Prior to building permit sign-off or street opening permit, whichever comes first, applicant’s engineer shall provide a letter stating that the City watermains to serve the proposed development have adequate flow and pressure. Back-up data, including engineering calculations and the results of hydrant flow tests (within Planning Board Decision 342 Highland Ave January 27, 2022 7 one year), shall be included in the letter. Letter should include the proposed water demand peak flows. f. Prior to building permit sign-off, applicant’s engineer shall provide detailed information on the water meter location in the building that demonstrates clear access for future maintenance and that no other connections (tees) exist before the City’s main meter. The meter should be located as near to an outside wall as possible. Horseshoe connections are not allowed. Applicant shall provide plumbing plans. g. Prior to building permit sign-off, applicant shall provide information on backflow prevention device to City Engineer. The applicant’s plumber shall complete and submit the Backflow Prevention Device Design Data Sheet, along with the fee, for each proposed device, to the City Engineer. h. Prior to building permit sign-off, applicant shall provide detailed design, including type, diameter, invert, profile, and material of all site piping demonstrating required separation and applicable design standards/regulations are being met. i. Should dewatering on site become necessary, applicant shall provide detailed plans of proposed dewatering operations to City Engineer prior to any dewatering activities. Applicant shall meet all local, state and federal requirements for dewatering. j. Applicant has indicated no temporary water use during construction will be required. k. Applicant has indicated site will not include fire suppression or irrigation. l. Application has indicated no buried telecommunications are included with this project. m. Prior to issuance of street opening permit, applicant’s engineer shall provide detail for sewer connection to include a gasketed “inserta-tee” or similar connection or full-bodied tee connection. n. Prior to issuance of street opening permit, applicant’s plumber shall provide calculations relative to water meter sizing. o. Prior to issuance of street opening permit(s) associated with activities on Massachusetts Department of Transportation (MassDOT) right-of-way, applicant shall provide copy of MassDOT permit for work. The MassDOT permit will be required in the City’s online permitting application process. p. Prior to building permit sign off, applicant shall provide hydrologic/hydraulic calculations and design confirming stormwater inlets (i.e. catch basin grates) have the capacity to capture the peak runoff flows from the 100-year storm. 14. Clerk of the Works a. A Clerk of the Works shall be provided by the City, at the expense of the Applicant, their successors or assigns, as it is deemed necessary by the City Engineer. Accordingly, it is the understanding of the Board, the City Planner, the City Engineer, and the Applicant, that the Clerk of the Works is expected to oversee and review all civil and 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; Planning Board Decision 342 Highland Ave January 27, 2022 8 ii. All new utility installations; iii. All connections to, extensions of, or improvements to publicly owned infrastructure both on the Applicant’s site or withing the City’s right of way and any on-site stormwater or wastewater systems; iv. All new installations or modifications to existing pavement, sidewalk, and curbing; and v. All conditions placed on the project by an Order of Conditions from the Salem Conservation Commission. b. The Clerk of the Works shall review and approve all proposed, or approved, changes to the original Planning Board decision. c. The Applicant shall submit a construction plan that includes a detailed sequence and schedule 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. d. 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. 15. 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 state and federal holidays. Blasting shall be undertaken in accordance with all local and state regulations. iv. All construction and staging 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. Prior to issuance of a demolition, foundation, or building permit, the Applicant shall provide a detailed construction vehicle access, schedule, and traffic plan for review and approval by the Director of Traffic & Parking 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. Planning Board Decision 342 Highland Ave January 27, 2022 9 ix. All construction vehicles left overnight at the site, must be located completely on the site. x. Should contaminated materials be encountered onsite, all construction 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. xi. 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. 16. 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. 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. 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. Record of Vote The following members of the Planning Board voted nine (9) in favor and zero (0) opposed to approve the Site Plan Review application subject to the above-stated terms and conditions: Chair Bill Griset, Kirt Rieder, Tom Furey, Todd Waller, Sarah Tarbet, Helen Sides, Todd Waller, Carole Hamilton, Zach Caunter, and Noah Koretz. 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 Site Plan Review 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. William Griset Chair