Decision_373 Highland - Modification to a Form C_2022
CITY OF SALEM
PLANNING BOARD
Decision
373 Highland Avenue (Map 7, Lot 58), 5 Cedar Road (Map 7, Lot 48), 10 Cedar
Road (Map 7, Lot 55), 355 Highland Avenue (Map 7, Lot 46), 2 Cedar Road (Map 7,
Lot 57), 3 Cedar Road (Map 7, Lot 47), and 6 Cedar Road (Map 7, Lot 56)
Modification of a Definitive Subdivision – Form C
February 23, 2022
Correnti & Darling LLP
C/o Attorney Joseph C. Correnti
63 Federal Street
Salem, Massachusetts 01970
RE: Decision for 373 Highland Avenue, Modification of a Definitive Subdivision – Form C
On Thursday, February 17, 2022, the Planning Board of the City of Salem opened a public
hearing for the application of Berman Properties, LLC for a Modification of a Definitive
Subdivision Plan, to relocate a portion of Cedar Road under Subdivision Control and closed the
public hearing that night. Specifically, the applicant proposes to relocate a portion of Cedar
Road, from its position shown on a plan entitled “Salem Heights, Subdivision Plans of Land in
Salem” and dated May 1, 1918, to the northerly property line of 355 Highland Avenue (Map 7,
Lot 46) to support the proposed development of a new Tropical Products facility at the site. This
was detailed in the plan entitled “Subdivision Modification Plan of Land, Highland Ave at Cedar
Road, Salem, Massachusetts” dated February 2, 2022, and prepared by Beals and Thomas, Inc.,
and revised February 10, 2022.
At the regularly scheduled Planning Board meeting on February 17, 2022, the Planning Board
voted nine (9) in favor (Bill Griset, Kirt Rieder, Helen Sides, Carole Hamilton, Thomas Furey,
Zach Caunter, Sarah Tarbet, Todd Waller, and Noah Koretz) zero (0) opposed to approve the
project. The Board finds that the modification of subdivision meets the purposes of the
Subdivision Regulations because the plan is in harmony with the purpose and intent of the
Zoning Ordinance to protect and promote health, safety, convenience, and general welfare of the
inhabitants of the city and will not result in a net negative environmental impact.
1. Conformance with the Plan
a. Work shall conform to the set of plans containing sheets 1 through 13, entitled,
“Subdivision Modification Plan of Land, Highland Ave at Cedar Road, Salem,
Massachusetts” dated February 2, 2022, prepared by Beals and Thomas, Inc., and revised
February 10, 2022.
Planning Board Decision
Form C Definitive Subdivision Decision
February 23, 2022
2
2. Endorsement of the Plans
a. Following the statutory twenty (20) day appeal period, the Planning Board will endorse the
subdivision plan, dated February 2, 2022, and revised February 10, 2022, subject to
conditions of this decision, which shall be recorded at the South Essex Registry of Deeds.
Prior to endorsement of the plans, the following items must be submitted for approval by
the Planning Board:
i. Acceptable form of grants of easements, if applicable.
ii. This decision shall be referenced on the subdivision plan, dated February 2, 2022,
and revised February 10, 2022, prior to the endorsement by the Planning Board; the
decision shall be recorded with the plans at the Essex South Registry of Deeds.
3. 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.
4. Subdivision Regulations
a. The portion of the subdivision, shown on plans dated February 2, 2022, and revised
February 10, 2022, shall be constructed in accordance with the requirements of the
Subdivision Rules and Regulations and any other applicable regulations as affected by this
decision unless otherwise waived herein.
5. Waivers
a. In approving the Plans, the Board is hereby granting the following waivers of the
Subdivision Rules and Regulations:
i. Section III B 2 k: The definitive plan does not show all future easements necessary
for drainage and utilities.
ii. Section III B 2 p: Roadway and utility profiles are not provided.
iii. Section III B 2 q: Water supply and sewage disposal not proposed.
iv. Section III B 2 t: Environmental Impact Statement is not included.
v. Section IV A 1 f: Centerline radius of 32’ is less than 230’ minimum.
vi. Section IV A 1 h: Curb radius of 20’ is less than 30’ minimum.
vii. Section IV A 2 a: 3-foot-wide planting strips between the road and the sidewalk are
not provided.
viii. Section IV A 4 a: Dead end is longer than the 500’ maximum.
ix. Section IV a 4 b: Dead end does not include a turnaround.
Planning Board Decision
Form C Definitive Subdivision Decision
February 23, 2022
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x. Section IV C: Open space, parks, or playgrounds are not provided.
xi. Right of Way Improvement Policy: 5’ Sidewalks and 3’ grass strips are not
provided on both sides of the road; 3 ½' caliper trees are not provided on every 30’
on both sides of the road.
xii. Section V A: Entire roadway will not be constructed.
xiii. Section V B: A cement concrete sidewalk in lieu of bituminous.
xiv. Section V C: 3’ Planting strips between the road and sidewalk are not provided.
xv. Section V D: No monuments are proposed.
xvi. Section V E 1: Utility connections are not provided for every lot for the full length
of the roadway.
xvii. Section V E 3: Catch basins are not provided on both sides of the road.
xviii. Section V E 4 A: Fire alarm conduit and boxes are not provided.
xix. Section V F: Telephone service is not provided.
xx. Section V G: Electric service is not provided.
b. In the judgment of the Planning Board, the granting of the above waivers is in the public
interest and consistent with the intent of the subdivision control law.
6. Transfer of Ownership
a. In the event of a transfer of ownership of the parcels currently owned by K R Starr Realty
Holding LLC, as shown on the Plans, prior to completion of the buildout of Cedar Road,
the applicant shall notify the Board of such transfer of ownership within thirty (30) days of
the transfer. Notice shall be in writing and shall include 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.
7. Salem Conservation Commission
a. The applicant shall receive all necessary approvals from the Salem Conservation
Commission prior to commencement of any work.
8. Board of Health
a. The applicant shall comply with all requirements of the City of Salem Board of Health.
b. The applicant shall provide the City Health Agent the name, address and telephone number
of the project 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 certifies that the soil and ground water on the entire site meets the DEP standards for
the proposed use.
d. The developer shall adhere to the drainage plan as approved by the City Engineer.
Planning Board Decision
Form C Definitive Subdivision Decision
February 23, 2022
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e. 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 exterminators invoice
to the Health Agent.
f. The developer shall maintain the area free from rodents throughout construction.
g. The developer shall submit the City Health Agent a written plan for dust control and street
sweeping which will occur during construction.
h. The developer shall submit the City Health Agent a written plan for the containment and
removal or debris, vegetative waste, and unacceptable excavation material generated
during demolition and/or construction.
i. The Fire Department must approve the plan regarding access for firefighting.
j. Noise levels from the resultant establishments 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 at the property line.
k. The developer shall disclose in writing to the City Health Agent the origin of any fill
material needed for the project.
l. The resultant establishment(s) shall dispose of all waste materials resulting from its
operations in an environmentally sound manner as described to the Board of Health.
m. The developer shall install grease traps, to contain grease in gray water, prior to entering
the city sewer system in developments with 10 or more units and in compliance with the
requirements of the City Engineer.
n. The final construction shall comply with all requirements of the Massachusetts State
Sanitary code.
o. The developer shall notify the City Health Agents when the project is complete for final
inspection and confirmation that the above conditions have been met.
9. Fire Department
a. The applicant shall comply with all requirements of the City of Salem Fire Department,
including temporary access during construction.
10. Building Inspector
a. The applicant shall comply with all requirements of the City of Salem Building Inspector.
11. Lighting
a. Street lighting installation shall be reviewed and approved by the City Electrician prior to
issuance of Building Permit. Street lights shall be outfitted with LED bulbs. The street
lighting shall be the responsibility of the Applicant.
b. The Owner shall coordinate with the electric company and the City Electrician regarding
the installation of street lighting within the portion of the subdivision, shown on plans dated
February 2, 2022, and revised February 10, 2022.
Planning Board Decision
Form C Definitive Subdivision Decision
February 23, 2022
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12. Pre-Construction Conference
a. Prior to the start of work on the portion of the subdivision, shown on plans dated February
2, 2022, and revised February 10, 2022, a pre-construction conference shall be scheduled
with the City Planner, the City Engineer (or their designee), the 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.
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. 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.
iv. 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
v. Any roadways, driveways, sidewalks, or landscaping damaged during construction
shall be restored to their original condition by the applicant.
vi. 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.
vii. 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.
viii. All construction vehicles left overnight at the site, must be located completely on
the site.
ix. 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.
x. 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. Drilling and Blasting
All drilling and blasting for roadways, utility trenches, service trenches and/or structures,
whenever they are built, shall be carried out in accordance with federal and state blasting
permit law and regulations, and in accordance with the conditions contained therein as
well as the following conditions:
a. A pre-blast survey shall be done in accordance with State law for the interior and
exterior of all structures for properties that abut the site or are within 300 feet of
anticipated blasting areas.
Planning Board Decision
Form C Definitive Subdivision Decision
February 23, 2022
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b. The State blasting limits shall be observed, specifically peak particle velocity
(PPV) of ground vibration at the nearest residences shall be kept within the
USBM RI 8507, Appendix B Limits, which are incorporated in Board of Fire
Prevention Regulations 527 CMR 13.09 (9) (b), Option 2, Figure (a).
c. The State blasting limits shall be observed, specifically airblast overpressure at
the nearest residences and businesses shall be kept within 133 dB Peak (0.013
psi). This will minimize the possibility of window damage and also minimize
annoyance due to rattling of windows and walls.
d. The applicant shall employ an opt in blasting electronic notification system. Not
less than 72 hours prior to the commencement of any blasting, the Applicant shall
deliver by electronic notification to all properties that were entitled to a pre-blast
survey under 16.a. and all parties that opted into the notification system. Such
notification shall state when the blasting period shall begin and shall include an
explanation of the warning procedures for blasting including soundings. The
Applicant shall send an electronic message notifying the same parties that the
blasting has been completed.
e. Any necessary closures of adjacent streets shall be kept to a minimum and shall
be coordinated with the City of Salem’s Police Department, Fire Department, and
Engineering Department.
f. Blast vibration monitoring shall be performed and reported for each round by a
qualified firm under contract to the Applicant or Applicant’s blasting contractor,
at a minimum of five locations around the blast area. Monitoring reports shall be
kept on file at the site for review by the City of Salem’s Fire Department.
g. A system of warning signals shall be used by the blasting contractor to warn
personnel at the site and nearby residents prior to each blast. The warning signals
shall be audible at least 500 feet from the blasting area.
h. The following controls shall be in place to reduce the potential for flyrock:
i. Blasting mats shall be used to fully cover the blast area for every blast.
ii. Drillers logs shall be kept for all blast holes drilled, documenting open
joints, seams and other anomalies; and the logs shall be reviewed by the
blaster prior to each blast.
iii. Ammonium Nitrate Fuel Oil (ANFO) shall not be used on the project.
iv. A video shall be taken of each blast round detonated so that small
problems can be detected and corrected before they become big problems.
i. Noise from the drilling operations shall be minimized through the use of
appropriate mufflers and the use of water or other fluid to control dust at its
source. Prior to the commencement of drilling or blasting, the applicant shall
conduct sound meter readings on the site to establish a baseline noise level. This
level will be reported to appropriate Salem departments. Noise levels from
various noise producing drilling and other equipment shall be periodically
measured using Type I or II A-weighted sound level meter. Activities shall not
exceed that baseline reading by more than 10dB. Records of readings, if they
exceed the baseline reading by more than 10dB, will be reported to appropriate
Salem departments, along with steps being taken to reduce the noise levels.
j. Drilling of blast holes and detonation of blast rounds shall be limited to between
the hours of 8:00a.m to 5:00p.m., Monday through Friday, to minimize
Planning Board Decision
Form C Definitive Subdivision Decision
February 23, 2022
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disturbance to the residents and businesses near the site. 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.
k. The Applicant’s contractor shall take appropriate steps to minimize dust
generation during rock crushing, including use of wet methods, during drilling of
blast holes and other excavation and construction operations including, but not
limited to: wetting down materials throughout the process including during
transfer of rock from the rock pile to the rock crusher and at the opening of the
rock crusher, where processed rock exits the rock crusher, and on the rock pile
while processed rock is being piled; dust collectors on all drill rigs, stone mats as
appropriate, and shall require covers to be placed over any open trucks
transporting debris or fill and from the property.
l. Dust levels at the property limits will be set to a maximum level of 150
micrograms per cubic meter of air (PM10, breathable particulate matter), based on
National Ambient Air Quality Standards set by the Environmental Protection
Agency (EPA). During drilling, blasting and/or rock crushing activities, the
applicant shall measure and record the dust levels at a minimum of five locations
at the property line near the closest residences and businesses to construction
activities and submit the reports to the City of Salem Health Agent. If the Health
Agent or their designee find that the dust producing construction activity exceeds
PM10, the activity will be stopped and then modified to reduce dust to acceptable
limits.
m. Violation of any conditions herein shall be considered a violation pursuant to
Section 9.2.
15. Construction Traffic
a. With the exception of off-site improvements required as part of this decision, all
construction will occur on site; no construction will occur or be staged within City right of
ways. Any deviation from this shall be approved by the Department of Planning &
Community Development prior to construction.
b. A construction traffic management plan and schedule shall be submitted to the Department
of Planning & Community Development for review and approval prior to the start of
construction. Construction access shall be through existing curb cuts.
c. Any roadways, driveways, or sidewalks damaged during construction shall be restored to
their original condition by the Owner.
d. The Owner shall clean construction vehicles before they exit the construction site, and
clean and sweep all streets affected by their construction truck traffic as necessary.
16. Progress Reports
a. Upon the request of the Planning Board, the owner shall submit reports of the progress
toward completion of the portion of the subdivision, shown on plans dated February 2,
2022, and revised February 10, 2022.
Planning Board Decision
Form C Definitive Subdivision Decision
February 23, 2022
8
17. 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;
ii. All new utility installations;
iii. All connections to, extensions 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. 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.
18. Utilities
a. As shown on the plans referenced in Condition 1.a, applicant will not be installing or taking
utilities from Cedar Road. However, others with rights in Cedar Road may desire to build
out the remainder of the road and install utilities in the road for their use. Should either the
applicant or others with rights in Cedar Road seek to install utilities in the road, Planning
Board review and approval under the Subdivision Control Law shall be required prior to
such installation.
19. As-built Plans
a. As-built plans, stamped by a Registered Professional Engineer, shall be submitted to the
Department of Planning and Community Development, City Engineer and the Department
of Public Services prior to the issuance of the final Certificate of Occupancy for the portion
of the subdivision, shown on plans dated February 2, 2022, and revised February 10, 2022.
The as-built plan shall be in electronic file format suitable for the City’s use and approved
by the City Engineer.
b. 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 final Certificate of Occupancy for the portion of the
Planning Board Decision
Form C Definitive Subdivision Decision
February 23, 2022
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subdivision, shown on plans dated February 2, 2022, and revised February 10, 2022, and/or
the acceptance of any streets; as well as, any subsequent requirements by the City Engineer.
20. 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.
This endorsement shall not take effect until a copy of the decision bearing certification of the City
Clerk that twenty (20) days have elapsed and no appeal has been filed or that is such appeal has
been filed, and it has been dismissed or denied, is recorded in the Essex South Registry of Deeds.
The fee for recording or registering shall be paid by the owner or applicant.
I hereby certify that a copy of this decision and plans are on file with the City Clerk and a copy is
on file with the Planning Board.
Sincerely,
William Griset, Chair
Salem Planning Board