Decision_PB-21-9 373 Highland AveSPR_2022
CITY OF SALEM
PLANNING BOARD
Decision
Site Plan Review, Business Park Development District Special Permit, and
Stormwater Management Permit
373 Highland Ave (Map 7, Lot 58), 355 Highland Avenue (Map 7, Lot 46), 2 Cedar Road
(Map 7, Lot 57), 3 Cedar Road (Map 7, Lot 47), 5 Cedar Road (Map 7, Lot 48), 6 Cedar
Road (Map 7, Lot 56), and 10 Cedar Road (Map 7, Lot 55)
February 23, 2022
Re: Application of JOSEPH CORRENTI f/b/o Berman Properties, LLC/Tropical Products for the
property located at 373 Highland Ave (Map 7, Lot 58), 355 Highland Avenue (Map 7, Lot 46), 2 Cedar
Road (Map 7, Lot 57), 3 Cedar Road (Map 7, Lot 47), 5 Cedar Road (Map 7, Lot 48), 6 Cedar Road
(Map 7, Lot 56), and 10 Cedar Road (Map 7, Lot 55) in the B2 and BPD 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, and 8.3 Business Park Special Permit, and City of Salem Code of Ordinances Chapter 37,
Stormwater Management Permit. The applicant specifically proposes to construct a warehouse with an
approximately 70,000 square foot footprint and all associated improvements. The proposed work
includes razing any existing improvements, construction of the new building, and pavement.
Procedural History
1. An application for a Site Plan Review under Sections 9.5, 8.2, and 8.3 of the City of Salem
Zoning Ordinance was made by Joseph Correnti and filed with the Planning Board August
18, 2021.
2. The Planning Board of the City of Salem opened the public hearing on Thursday,
September 9, 2021. The public hearing was continued to September 23, 2021, October 21,
2021, November 4, 2021, December 2, 2021, December 16, 2021, January 6, 2022, January
20, 2022, February 3, 2022, and February 17, 2022.
3. On September 9, 2021, the Planning Board voted to refer the application to the Design
Review Board. The Design Review Board considered the application at their September
22, 2021, meeting.
4. On September 22, 2021, the Design Review Board voted five (5) 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 February 17, 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.
Planning Board Decision
373 Highland Avenue
February 23, 2022
2
Site Plan Review
The Planning Board hereby makes the following findings pertaining to the City of Salem Zoning
Ordinance, Sec. 9.5 Site Plan Review:
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.
Business Park Development Special Permit
The Planning Board hereby makes the following findings pertaining to the City of Salem Zoning
Ordinance, Sec. 8.3.9:
1. If the surrounding area is residential in nature or is land reserved for conservation use, or
is land which the board determines to be appropriate for such a requirement, a seventy-
five-foot buffer zone shall be provided on the parcel being proposed for development
within which no construction or disturbance of land, excepting approved landscaping or
screening, shall take place. The proposed buffer is fifteen feet and widens for the west side
and then increases again as it goes towards the east side of the parking lot. Evergreen trees
will be planted to help buffer the abutting residences within the 15 foot buffer and a row
of deciduous shade trees will be planted between the southerly access driveway and the
employee parking lot, which will provide a second layer of screening from the southerly
abutter. The Planning Board waives the required 75 buffer in finding the proposed 15 feet
buffer adequate.
2. To enhance the quality of the development and to maintain adequate open space, ten (10)
percent of all land area must be maintained as open space. No construction of any kind
shall take place in such area. Approximately 30% of the site is dedicated to open space.
3. Screening and landscaping: The proposed development shall properly screen all buildings,
structures and other construction with vegetative landscaping, earth berms, fencing or other
appropriate screening as determined by the Planning Board. A fifteen-foot (15’) wide
landscape buffer along the southern property line allows for a densely planted evergreen
screen, with specific consideration for the southerly residential abutter. A row of deciduous
shade trees is proposed between the southerly access driveway and the employee parking
lot, which will provide a second layer of screening from the southerly abutter. The
proposed landscaping properly screens the property boundary.
Decision
In view of these findings, the Planning Board decided at a regularly scheduled meeting on February
17, 2022, by a vote of eight (8) in favor (Chair Bill Griset, Kirt Rieder, Tom Furey, Carole
Hamilton, Todd Waller, Sarah Tarbet, Helen Sides, and Zach Caunter) and zero (0) opposed to
approve the proposed project subject to the following conditions:
Planning Board Decision
373 Highland Avenue
February 23, 2022
3
1. Conformance with the Plan
a. Work shall conform to “Highland Avenue at Cedar Road in Salem, Massachusetts
(Essex County),” with the sheets listed below (the “Plans”):
Drawing Title Sheet No. Prepared By Issued Revised
Cover C-0 Beals and Thomas, Inc. 08.17.2021 2/10/2022
Notes and Legend C-1.1 Beals and Thomas, Inc. 08.17.2021 2/10/2022
Boundary and
Topographic Plan
TP-1 Beals and Thomas, Inc. 08.17.2021 1/6/2022
Boundary and
Topographic Plan
TP-2 Beals and Thomas, Inc. 08.17.2021 1/6/2022
Site Preparation
Plan
C2.1 Beals and Thomas, Inc. 08.17.2021 1/6/2022
Layout and
Materials Plan
C3.1 Beals and Thomas, Inc. 08.17.2021 2/10/2022
Grading and
Drainage Plan
C4.1 Beals and Thomas, Inc. 08.17.2021 1/6/2022
Utilities Plan C5.1 Beals and Thomas, Inc. 08.17.2021 1/6/2022
Landscaping and
Lighting Plan
C6.1 Beals and Thomas, Inc. 08.17.2021 2/10/2022
Photometric Plan C7.1 Beals and Thomas, Inc. 08.17.2021 1/6/2022
Site Details C8.1 Beals and Thomas, Inc. 08.17.2021 1/6/2022
Site Details C8.2 Beals and Thomas, Inc. 08.17.2021 1/6/2022
Building
Elevations
A2.01/revised
to A2.001
Connolly Brothers, Inc. 08.18.2021 Filed on
Viewpoint Cloud
on 10.28.2021
Entrance
Rendering
Connolly Brothers, Inc. 08.18.2021 Filed on
Viewpoint Cloud
on 10.28.2021
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 prior to the issuance of the
Certificate of Occupancy, within thirty (30) days of such transfer, the Owner shall
notify the Board in writing of the new owner’s name and address. The terms,
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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 September 22, 2021, letter to the Planning Board, the Salem Design
Review Board voted five (5) in favor and zero (0) opposed to recommend design approval.
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.
5. Site Specific Conditions
a. All of the trees planted within the ECOD 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 the evergreens, which shall conform with the size requirements as
shown on the Plans.
b. The curbing along Cedar Road and sidewalks shall be vertical granite at least 6” in
height. There shall be sloped granite curbing in the parking areas. The outside limits
of the site shall be bituminous. All curbing shall be as shown on the Plans.
c. If an HVAC unit is located on the roof or at grade on 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. Approved method for screening shall
be constructed and installed prior to the issuance of a Certificate of Occupancy.
d. Any dumpsters and compactors located on the site shall be visually screened. The
method for screening the unit shall be submitted to the City Planner for review and
approval prior to installation. Approved method for screening shall be constructed
and installed prior to the issuance of a Certificate of Occupancy.
e. The applicant has agreed to make the employee lunchroom on the site available to
Salem residents, with 48 hours’ notice, as a public meeting space, free of charge.
f. Prior to issuance of a building permit, the applicant shall obtain the approval of the
Planning Board to their proposed “Modification of a Definitive Subdivision Plan”
in accordance with the Salem Subdivision Regulations to allow for the relocation
of a portion of Cedar Road. The modification would result in a change to a portion
of the road layout as shown on a plan entitled “Salem Heights, Subdivision Plans
of Land in Salem” and dated May 1, 1918, and recorded in the Southern Essex
Registry of Deeds in the Registered Land Section as Plan No. 7159B.
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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. Construction access shall be through existing curb cuts.
b. The developer shall coordinate construction activities with the City Engineer.
c. Prior to issuance of a Certificate of Occupancy, the applicant shall submit a revised
plan sheet C3.1 showing adequate short-term outdoor parking that conforms with
the City of Salem Bicycle Parking Guidelines. Bicycle parking shall be maintained
during the operation of the proposed facility. Any details regarding the type,
quantity, and location of the bicycle parking not established through the approved
plans shall be reviewed and approved by the City Planner prior to installation,
according to City of Salem Bike Parking Guidelines.
d. The owner shall contribute $40,000.00 to the City of Salem Transportation
Enhancement Fund (TEF), commensurate to the project’s impact on the City’s
transportation network, prior to issuance of a Certificate of Occupancy. The TEF
will be used by the city for transportation network services relating to infrastructure
and or operation of the transportation network. Should the Applicant install a bus
shelter at the existing bus stop on Highland Avenue in front of the site, the TEF
contribution shall be reduced directly proportional to the costs associated with the
bus shelter, as evidenced by invoices provided to the City Planner.
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
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
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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.
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.
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13. City Engineer & Utilities
a. All work shall comply with the requirements of the City Engineer.
b. Prior to building permit sign-off, applicant shall confirm current status of the
existing services to the property and abandon any live services (not proposed for
reuse) or any improperly abandoned services at the respective mains to the
satisfaction of the City Engineer. At least two water services have been identified
to date that require investigation. Applicant shall perform inspections such as test
pits, cleaning/CCTV, hydrant flow test, etc. as required to identify existing
services and to determine if existing services are suitable for reuse, as appropriate.
The applicant shall provide the City Engineer with a site demolition plan based on
the findings of the investigations.
c. Prior to building permit sign-off, the applicant shall submit a Drainage Alteration
Permit to the City Engineer; per Chapter 38, Article VI. of the City Ordinance.
d. 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 extent of the cleaning and CCTV limits are shown on Plan titled “373
Highland Avenue - Cleaning & CCTV requirements for Drain” dated Tuesday,
February 1, 2022. 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
investigations of 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 investigations of the system shall be corrected by the
applicant, at the applicant’s expense, to the satisfaction of the City Engineer prior
to issuance of a street opening permit/ private trench for connection to the sewer.
e. Prior to building permit sign-off, applicant shall submit a revised utility plan
identifying the abandonment of the existing sewer service between Cedar Road
and the existing manhole in Highland Avenue identifying means and methods of
abandoning that line at the manhole structure. The revised plan shall also identify
the proposed new sewer service between the building and existing manhole with a
detail of the proposed connection at the existing manhole. The detail should
provide information to confirm that the existing manhole has adequate space for
the proposed connection.
f. 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 for the proposed
domestic and fire flows. Back-up data, including engineering calculations and the
results of hydrant flow tests (within one year), should be included with the letter.
Additionally, the letter should state the capacity of the watermain and the
proposed water demand peak flows.
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g. Prior to building permit sign-off, applicant shall submit a revised utility plan
identifying the potential reuse of the existing 8-inch water service for the fire
flows as well as tapping a new 4-inch domestic water service into the 16-inch
main on Highland Avenue. The applicant shall perform a test pit at the existing 8-
inch water service to determine if that connection is suitable for reuse. If the 8-
inch is not suitable for reuse, the applicant shall abandon that connection at the
main in Highland Avenue and tap a new fire flow connection. Additionally, if
reused, the applicant shall confirm where the valve for this 8-inch connection is
located. No new 16-inch gate valves on the City's main are required by the City.
h. Prior to building permit sign-off, the applicant’s engineer shall identify if an
irrigation system is proposed for this site. A backflow prevention device will be
required for an irrigation system.
i. Prior to building permit sign-off, applicant shall provide information on proposed
source of water for demolition and construction activities. Temporary hydrant use
is only allowed for demolition or short construction periods (less than 1 month).
For water use longer than 1 month, a temporary connection will be required. An
RPZ backflow preventor device and a Neptune water meter with an e-coder
register head that measures in cubit feet will be required and shall be provided by
the contractor. Applicant shall submit a detailed sketch of proposed temporary
hydrant use or connection.
j. 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.
k. 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.
l. Prior to building permit sign-off, the applicant’s engineer shall provide a plan
showing the underground telecommunications system within the site to the City
Engineer.
m. Prior to building permit sign-off, applicant shall provide information on any
buried light conduits to City Engineer.
n. 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.
o. Prior to issuance of street opening permit, applicant’s plumber shall provide
calculations relative to water meter sizing.
p. 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.
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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;
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. Rock Crushing
a. No offsite material shall be imported onto the site for the purposes of rock
crushing. Rocks crushed onsite shall be limited to existing onsite material.
b. Onsite rock crushing shall be limited to material needed for the development. Any
material that will be exported offsite shall not be crushed onsite.
c. The applicant shall notify the City Planner of the date when rock crushing will
begin not less than 72 hours prior to the commencement of rock crushing onsite.
d. The applicant shall cease all onsite rock crushing and remove the rock crusher
from the site within 90 consecutive days from the commencement of actual rock
crushing at the site.
e. After the 90th day following the commencement of actual rock crushing at the
site, any additional material to be crushed shall be exported offsite.
f. Rock crushing shall take place during the hours of 8 a.m. to 5 p.m., Monday
through Friday. There shall be no rock crushing on Saturdays, Sundays, or state
and federal holidays.
g. The applicant shall employ an opt-in rock crushing electronic notification system.
Not less than 72 hours prior to the commencement of rock crushing at the site, the
Applicant shall deliver by electronic notification to all parties that opted into the
notification system. Such notification shall state when the rock crushing period
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shall begin and shall end, per Condition 15.d. The Applicant shall send an
electronic message notifying the same parties when the rock crushing has been
completed.
h. Condition 16.k applies to all rock crushing activities regarding the application of
wet methods to rock crushing activities for airborne silica suppression.
16. 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.
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.
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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
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.
17. 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
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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.
18. 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.
19. 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.
13
Planning Board Decision
373 Highland Avenue
February 23, 2022
Record of Vote
The following members of the Planning Board voted eight (8) 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, Carole Hamilton, Todd Waller, Sarah Tarbet, Helen Sides,
and Zach Caunter.
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. The owner or applicant, his
successors or assigns, shall pay the fee for recording or registering.
William Griset, Chair
Salem Planning Board