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38 Norman Street - DECISION CITY OF SALEM PLANNING BOARD Decision Site Plan Review and Planned Unit Development Special Permit 38 Norman Street (Map 26, Lot 0464) April 14, 2022 Re: Application of CHRISTINA GRANESE, succeeded by Kinvarra Capital, f/b/o 38 Norman Street LLC for the property located at 38 Norman Street (Map 26, Lot 0464) in the B5 Zoning District for Site Plan Review in accordance with the following sections of the Salem Zoning Ordinance: Section 9.5 Site Plan Review and 7.3 Planned Unit Development Special Permit. The applicant specifically proposes to construct a four-story mixed-use building with approximately 1,577 square feet of retail space on the first floor and 1,419 square feet of related commercial space in the basement and 20 residential units above the retail space. The proposed work includes razing any existing buildings and improvements, construction of the new building, and pavement. Procedural History 1. An application for a Site Plan Review under Sections 9.5 and 7.3 of the City of Salem Zoning Ordinance was made by Christina Granese and filed with the Planning Board September 3, 2021. 2. The Planning Board of the City of Salem opened the public hearing on Thursday, October 21, 2021. The public hearing was continued to November 18, 2021, December 16, 2021, January 20, 2022, February 17, 2022, March 3, 2022, March 31, 2022, and April 14, 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 February 23, 2022, 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 April 14, 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 38 Norman Street April 14, 2022 2 Planned Unit Development Findings The Planning Board hereby makes the following findings pertaining to the City of Salem Zoning Ordinance, Sec. 7.3 Planned Unit Development: 7.3.8.1 The proposed planned unit development is in harmony with the purpose and intent this ordinance and the master plan of the City of Salem as this project will add vitality to the Central Development district of the city by removing a functionally obsolete fuel service station and redeveloping the site with a mix of residential units and commercial spaces generating new tax revenue for the city. 7.3.8.2 The planned unit development is designed to provide various types of land use which can be combined in compatible relationship with each other as part of a totally planned development. As proposed, the mixture of residential, commercial and open space is compatible with each other, thereby meeting the purpose and intent of good zoning practices and the master plan of the City of Salem. The compatible relationship among the mixture of uses combined with the inclusion of affordable housing, installation of new street trees, and bicycle racks to render it appropriate to depart from the strict provisions of the underlying zoning classifications. 7.3.8.3 The planned unit development would not result in a net negative environmental impact, based on the information from the Environmental Impact Statement and plans. The existing site is in a degraded condition with most of the site being pavement. The redeveloped site will result in a net increase of permeable area; improvements to stormwater management; the mixture of uses and site improvements will promote walking and cycling; and the development will be built at a scale complimentary to the neighborhood. There will be an increase in pervious coverage through the addition of four (4) new shade trees along with evergreens and other shrub landscaping. The water quality at design outfalls will be better than the existing conditions due to significant improvements in TSS removal. The sidewalks on Norman Street and Crombie Street abutting the site will be reconstructed improving pedestrian circulation. The majority of single and multifamily residences in the neighborhood are three-stories. Additional buildings in the neighborhood include a four-story office building at 1 Holyoke Square, a six-story office building at 8 Norman Street and a five-story multifamily build at 289 Essex Street. Thus, the building height of 57 feet and 4 and a half stories is a similar scale of the neighborhood. In addition, the development will not have a significant impact on views and light given that the building is sited on the southeast corner of the site close to Norman Street and Crombie Street which will minimize both light and noise impacts on abutting residential properties. As such, the development will result in net improvements to the natural environment. Planning Board Decision 38 Norman Street April 14, 2022 3 Decision In view of these findings, the Planning Board decided at a regularly scheduled meeting on April 14, 2022, by a vote of eight (Chair Bill Griset, Kirt Rieder, Tom Furey, Sarah Tarbet, Helen Sides, Todd Waller, Carole Hamilton, and Zach Caunter) 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 Redevelopment Plans 38 Norman (Assessor’s Map 26, Lot 464), Salem, Massachusetts,” with the sheets listed below (the “Plans”): Drawing Title Sheet No. Prepared By Issued Revised Cover C-1 The Morin-Cameron Group, Inc. 09.21.2021 01.24.2022 Existing Conditions C-2 The Morin-Cameron Group, Inc. 09.21.2021 01.24.2022 Site Context Plan C-3 The Morin-Cameron Group, Inc. 09.21.2021 01.24.2022 Site Preparation Plan C-4 The Morin-Cameron Group, Inc. 09.21.2021 01.24.2022 Site Plan C-5 The Morin-Cameron Group, Inc. 09.21.2021 01.24.2022 Grading & Drainage Plan C-6 The Morin-Cameron Group, Inc. 09.21.2021 01.24.2022 Utility Plan C-7 The Morin-Cameron Group, Inc. 09.21.2021 01.24.2022 Construction Details I C-8 The Morin-Cameron Group, Inc. 09.21.2021 01.24.2022 Construction Details II C-9 AL Prime Energy Consultant, Inc. 09.21.2021 01.24.2022 Construction Details III C-10 The Morin-Cameron Group, Inc. 09.21.2021 01.24.2022 Exterior Lighting Calculation Visual 09.21.2021 Landscape Plan L103 Michael D’Angelo Landscape Architecture 09.02.2021 03.24.2022 Hardscape L104 Michael D’Angelo Landscape Architecture 09.02.2021 03.24.2022 Softscape L105 Michael D’Angelo Landscape Architecture 09.02.2021 03.24.2022 Roof Deck Planters L106 Michael D’Angelo Landscape Architecture 03.24.2022 Architectural Site Plan A1.0 Balance Architects 04.04.2021 03.24.2022 Zoning A1.0A Balance Architects 04.04.2021 03.24.2022 Planning Board Decision 38 Norman Street April 14, 2022 4 Floor Plans A1.1 Balance Architects 04.04.2021 03.24.2022 Floor Plans A1.2 Balance Architects 04.04.2021 03.24.2022 Floor Plans A1.3 Balance Architects 04.04.2021 03.24.2022 Roof Plan A1.4 to A1.3.2 Balance Architects 04.04.2021 03.24.2022 Exterior Elevations A2.0 Balance Architects 04.04.2021 03.24.2022 Exterior Materials A2.1 Balance Architects 04.04.2021 03.24.2022 Perspectives A3.0 Balance Architects 04.04.2021 03.24.2022 b. Prior to issuance of a building permit, the applicant shall submit a revised Site Plan, Sheet C-5, showing the following changes: i. The Norman Street concrete sidewalk will continue to the Crombie Street curb and the Norman Street brick will continue to the ADA curb cut; ii. Tactile panels shall be grey cast-iron; iii. Location of the electric manhole at corner of Crombie and Norman Street, to resolve any conflicts between tactile panels and castings; iv. Reciprocal ramps shall be built to State Code CMR 521 standards, across Norman Street and Crombie Street; v. Improved trash/recycling pick-up activity that does not impact the roundabout vehicle and bicycle operations on Norman Street. Roadway design is subject to the review and approval of the City Planner. Applicant shall stripe pavement in accordance with approved roadway design. Should delineators be included in the approved design, the applicant shall be responsible for the cost of purchasing and installation. c. Prior to issuance of a building permit, the applicant shall submit a revised Grading & Drainage Plan, Sheet C-6, showing the following changes: i. Reset the curb on Crombie Street; ii. Elimination of bullnose curbing onsite; iii. Installation of flush granite curb at road edge at Crombie Street driveway. d. Prior to issuance of a building permit, the applicant shall submit a revised Construction Details II, Sheet C-9, eliminating wire mesh from the concrete sidewalk detail. e. Prior to issuance of a building permit, the applicant shall submit a revised Construction Details III, Sheet C-10, correcting the longitudinal slope maximum to 7.5%. 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. Planning Board Decision 38 Norman Street April 14, 2022 5 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 February 23, 2022, letter to the Salem Redevelopment Authority, 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. 5. Site Specific Conditions a. 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. b. Prior to issuance of building permit, the applicant shall provide specifications for the audio-visual warning system, to be installed at the Crombie Street garage entrance, to the City Planner. c. Prior to issuance of building permit, the applicant shall provide specifications for the cedar fencing at the perimeter of the site to the City Planner. 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 Planning Board Decision 38 Norman Street April 14, 2022 6 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 developer shall contribute $10,000.00 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. d. Ten (10) hanging bicycle racks will be installed on the parking structure prior to issuance of a Certificate of Occupancy. e. Six (6) parking spots will be equipped with electric vehicle charging stations prior to issuance of a Certificate of Occupancy. 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 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. Planning Board Decision 38 Norman Street April 14, 2022 7 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. 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 one water service, two drain services and six sewer 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 and identify the proposed method to abandon all existing services which shall include the installation of a new 20-inch gate valve on the water main. Abandonment of tee service(s) require tees to be cut out of the main and replaced with minimum of 4- feet of CLDI class 52 with restrained couplings. Planning Board Decision 38 Norman Street April 14, 2022 8 c. Prior to building permit sign-off, the applicant’s engineer shall provide a letter to the City Engineer stating that the City sewer and drain systems to serve the proposed development have adequate condition and capacity to accommodate proposed flows. Back-up data, including engineering calculations and the results of required sewer inspections and existing/proposed flow measurements, shall be included in the letter. Cleaning and CCTV inspections of the sewer and drain mains 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 the plans titled “38 Norman Street - Cleaning & CCTV requirements for Drain” dated Thursday, January 13, 2022, and “38 Norman Street” dated Wednesday, September 2, 2020. 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 sewer and drain systems 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 or drain. d. 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. e. Prior to building permit sign-off, applicant’s engineer shall provide the final roof drain design to the City Engineer. f. Prior to issuance of a street opening permit, applicant shall provide a revised utility plan providing additional information as to how they propose to connect to the existing 10” clay sewer on Norman Street, including any necessary repairs of the sewer main and the incorporation of an exterior grease trap, to the City 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. The applicant shall perform test pits to identify and measure utility crossings prior to utility installations. The applicant shall provide the City Engineer with a report of the findings of the investigations and update the utility plans as necessary based on the findings. g. Prior to issuance of street opening permit, applicant’s plumber shall provide calculations relative to water meter sizing. h. 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. Planning Board Decision 38 Norman Street April 14, 2022 9 i. Prior to building permit sign-off, 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. Note that this property will require a containment backflow preventor device. j. 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. k. Prior to building permit sign-off, applicant shall provide information on any buried light conduits to City Engineer. l. 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. m. 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. 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 within the City’s right of way including 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 all proposed changes to the original Planning Board decision and coordinate with the City before accepting any changes 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. The submitted and accepted constructions plan with sequence and schedule 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 a task order for the Clerk of the Works’ services has been agreed upon by all parties. Planning Board Decision 38 Norman Street April 14, 2022 10 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. 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 accepted 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 acceptable to the City Engineer, prior to the issuance of the Certificate of Occupancy. Planning Board Decision 38 Norman Street April 14, 2022 11 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 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, Todd Waller, Sarah Tarbet, Helen Sides, Carole Hamilton, 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 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