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Decision_Harmony Grove_2022 CITY OF SALEM PLANNING BOARD Decision An Amendment to Site Plan Review, Planned Unit Development Special Permit, and Flood Hazard Overlay District Special Permit 1 Harmony Grove Rd (Map 16, Lot 377), 3 Harmony Grove Rd. (Map 16, Lot 239), 5 Harmony Grove Road (Map 16, Lot 378), 60 Grove Street (Map 16, Lot 237), and 64 Grove Street (Map 16, Lot 236) February 23, 2022 Re: Application of JOSEPH CORRENTI f/b/o 116 Bennington Street Realty Trust for the property located at 1 Harmony Grove Rd (Map 16, Lot 377), 3 Harmony Grove Rd. (Map 16, Lot 239), 5 Harmony Grove Road (Map 16, Lot 378), 60 Grove Street (Map 16, Lot 237), and 64 Grove Street (Map 16, Lot 236) in the I, R2, and BPD Zoning Districts 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 8.1 Flood Hazard Overlay District, Section 8.2 Entrance Corridor Overlay District, 8.3 Business Park Special Permit, and Section 7.3 Planned Unit Development Special Permit. On Thursday, September 9, 2021, the Planning Board of the City of Salem opened a Public Hearing regarding the application of Joseph Correnti, on behalf of 116 Bennington Street Realty Trust, for an amendment to the previously approved Planned Unit Development Special Permit, Site Plan Review, and Flood Hazard Overlay District Special Permit, for the property located at 1, 3 & 5 Harmony Grove Road and 60 & 64 Grove Street, the former Salem Oil & Grease Company site (Map 16, Lots 236, 237, 239, 377 & 378). The applicant is requesting an amendment to a previously approved plan by reducing the number of units to 124 in three buildings, adding a fitness building, dog park, and basketball court. The proposed work includes razing any existing improvements, construction of the new buildings and amenities, and pavement. Procedural History 1. An application for a Site Plan Review under Sections 9.5, 8.1, 8.2, 8.3, and 7.3 of the City of Salem Zoning Ordinance was made by Joseph Correnti, on behalf of 116 Bennington Street Realty Trust, and filed with the Planning Board August 19, 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 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 October 27, 2021 meeting. Planning Board Decision Harmony Grove February 23, 2022 2 4. On November 18, 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 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. Findings 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, Sec. 9.5 Site Plan Review and Sec. 8.1 Flood Hazard Overlay District Special Permit, and 8.3 Business Park Development Special Permit as follows: 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. 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 incorporate community space and non- residential use into the mixture of housing and open space. 7.3.2 Applicability – The proposed PUD meets the minimum size requirement of 60,000 square feet; the development parcels total 362,000 square feet. 7.3.3 Uses – All proposed uses, including residential multi-family and non-residential, are allowed in a PUD development. 7.3.3.2 – A non-residential use is proposed within the PUD project site. 7.3.3.3 – In the Business Park Development district, residential uses and associated improvements cannot exceed 50% of the land area of the parcel. Residential development, including associated improvements such as driveways, parking and landscaping, will comprise less than 50% of the total land area of the project site. The new building at 60 Grove Street will not increase the residential development area. The Planning Board hereby makes the following findings pertaining to the Flood Hazard District Special Permit: 1. The proposed use will comply in all respects to the uses and provisions of the underlying district in which the land is located. 2. 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 Planning Board Decision Harmony Grove February 23, 2022 3 flooding of the lot(s) or adjacent lot(s) caused by either overspill from waterbodies or high runoff. 3. Utilities, including gas, electricity, fuel, water and sewage disposal, shall be located and constructed so as to protect against breaking, leaking, short-circuiting, grounding or igniting or any other damage due to flooding. Decision At a regularly scheduled meeting of the Planning Board held on February 17, 2022, the Planning Board voted by a vote of eight (8) in favor (Chair Bill Griset, Kirt Rieder, Carole Hamilton, Tom Furey, Todd Waller, Sarah Tarbet, Helen Sides, and Zach Caunter), and zero (0) opposed to approve the proposed amendments subject to the following conditions: 1. Original Decision a. All conditions set forth in the original decision for Site Plan Review, Planned Unit Development Special Permit and Flood Hazard District Special Permit dated October 26, 2012, the amended decision dated December 11, 2014, and the amended decision dated January 26, 2018, shall remain in full force and effect, except as modified by the following plans: Drawing Title Sheet No. Prepared By Issued Revised Cover C-0 DJSA Architecture PC 10.15.2021 11.05.2021 Floor Plans - Parking & Ground, Grove Street, Building 1 A1.1A DJSA Architecture PC 10.15.2021 11.05.2021 Floor Plans – Typical & Fourth, Grove Street, Building 1 A1.1B DJSA Architecture PC 10.15.2021 11.05.2021 Exterior Elevations – Grove Street, Building 1 A2.1A, A2.1B DJSA Architecture PC 10.15.2021 11.05.2021 Floor Plans - Parking & Ground, Grove Street, Building 2 A1.2A DJSA Architecture PC 10.15.2021 11.29.2021 Floor Plans – Typical & Fourth, Grove Street, Building 2 A1.2B DJSA Architecture PC 10.15.2021 11.29.2021 Exterior Elevations – Grove Street, Building 2 A2.2A, A2.2B DJSA Architecture PC 10.15.2021 11.29.2021 11.29.2021 Floor Plans - Parking & Ground, Grove Street, Building 3 A1.3A DJSA Architecture PC 10.15.2021 11.05.2021 Floor Plans – Typical & Fourth, Grove Street, Building 3 A1.3B DJSA Architecture PC 10.15.2021 11.05.2021 Planning Board Decision Harmony Grove February 23, 2022 4 Exterior Elevations – Grove Street, Building 3 A2.3A, A2.3B DJSA Architecture PC 10.15.2021 11.05.2021 Grove Street – Fitness Center A1.4 DJSA Architecture PC 11.05.2021 11.05.2021 Grove Street – Community Building A1.5 DJSA Architecture PC 11.05.2021 11.05.2021 Community Building Elevations A2.5A, A2.5B DJSA Architecture PC 11.05.2021 11.05.2021 Roof Plan – Grove Street, Building 3 A3.3 DJSA Architecture PC 12.28.2021 Site Section – Grove Street, Building 3 A4.3 DJSA Architecture PC 12.28.2021 Site Sections and Roof Plans – Grove Street – Fitness Center A3.4A DJSA Architecture PC 02.14.2022 RTU Cut Sheets – Grove Street – Fitness Center A3.4B DJSA Architecture PC 02.14.2022 Site Sections and Roof Plans – Community Building A3.5A DJSA Architecture PC 02.14.2022 RTU Cut Sheets – Community Building A3.5B DJSA Architecture PC 02.14.2022 Roof Screening – Community Building A4 DJSA Architecture PC 02.14.2022 Cover Griffin Engineering Group, LLC 08.18.2021 02.09.2022 Plan Notes N-1 Griffin Engineering Group, LLC 08.18.2021 02.09.2022 Boundary and Zoning Plan C-1 Griffin Engineering Group, LLC 08.18.2021 Existing Conditions Plan C-2 Griffin Engineering Group, LLC 08.18.2021 02.01.2022 Overall Site Layout Plan C-3 Griffin Engineering Group, LLC 08.18.2021 02.09.2022 Site Layout Plan C-3A Griffin Engineering Group, LLC 08.18.2021 02.01.2022 Site Layout Plan C-3B-C Griffin Engineering Group, LLC 08.18.2021 02.09.2022 Grading, Drainage & Erosion Control Plan C-4A Griffin Engineering Group, LLC 08.18.2021 02.03.2022 Grading, Drainage & Erosion Control Plan C-4B-C Griffin Engineering Group, LLC 08.18.2021 02.09.2022 Utilities Plan C-5A Griffin Engineering Group, LLC 08.18.2021 02.03.2022 Utilities Plan C-5B Griffin Engineering Group, LLC 08.18.2021 02.01.2022 Planning Board Decision Harmony Grove February 23, 2022 5 Utilities Plan C-5C Griffin Engineering Group, LLC 08.18.2021 02.03.2022 Details I C-6 Griffin Engineering Group, LLC 08.18.2021 02.01.2022 Details II C-7 Griffin Engineering Group, LLC 08.18.2021 02.01.2022 Details III C-8 Griffin Engineering Group, LLC 08.18.2021 02.03.2022 Details IV C-9 Griffin Engineering Group, LLC 08.18.2021 Landscaping Plan L-1 Griffin Engineering Group, LLC 08.18.2021 02.09.2022 Photometric Plan WLS Lighting Systems 10.14.2011 b. Prior to issuance of a building permit, the applicant shall submit a revised civil plan sheet set, showing the necessary one-foot contour lines as required by Section 9.5.3. c. Prior to issuance of a building permit, applicant shall submit a revised Layout Plan, Sheet C-3A-C, showing lockable gate access to the AUL portion of the site. 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. Salem Design Review Board a. As described in its November 18, 2021, letter to the Planning Board, the Salem Design Review Board voted six (6) in favor and zero (0) opposed to recommend design approval. b. 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. c. 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 Harmony Grove February 23, 2022 6 4. Site Specific Conditions a. All of the trees planted in the ECOD shall have a minimum caliper of 3.5” of the tree diameter breast height (DBH) to meet the ECOD minimum standards. b. All of the curbing in the ECOD shall be vertical granite at least 6” in height. This includes all curbing around landscaped areas. c. Where HVAC units are installed on site, they 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. If not screened, units shall be dark in color. 5. City Engineer & Utilities a. All work shall comply with the requirements of the City Engineer. b. The applicant shall comply with all of the recommendations included in the final peer review letter, to be issued by Bobrek Engineering & Construction, released to the applicant by the City Planner. c. Any changes to the accepted Stormwater Management Plan, dated August 2021, shall be submitted to City Engineer before issuance of a Building Permit. If changes are found to be significant, as determined by City Engineer, the City Engineer may require the project undergo another peer review, at the applicant’s expense. 6. 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 firefighting. 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. Planning Board Decision Harmony Grove February 23, 2022 7 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. 7. 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 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, Carole Hamilton, Tom Furey, 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 and is indexed under the name of the owner of record. The owner or applicant, his successors or assigns, shall pay the fee for recording or registering. William Griset, Chair Salem Planning Board