9-11 Franklin Street - SPR and FHOD Special Permit
CITY OF SALEM
PLANNING BOARD
Decision
Site Plan Review and Flood Hazard Overlay District Special Permit
9 and 11 Franklin Street (Map 26, Lot 375)
April 14, 2022
Re: Application of 11 Franklin, LLC for the property located at 9 and 11 Franklin Street (Map 26,
Lot 375) in the B1 and R2 Zoning District for Site Plan Review in accordance with the following
sections of the Salem Zoning Ordinance: Section 9.5 Site Plan Review and Section 8.1 Flood
Hazard Overlay District. Specifically, the applicant proposes to construct twelve (12) townhouse
style units located in three (3) buildings on the portion of the parcel known as 9 Franklin Street
and consisting of approximately 36,450 square feet. The proposed buildings are three (3) stories.
Six (6) surface parking spaces and twenty-four (24) garage parking spaces are proposed for a total
of thirty (30) spaces. Proposed vehicular access to 9 Franklin Street will be provided through a
twenty (20) foot wide drive aisle from the existing westerly curb cut. Proposed pedestrian access
will be provided through a sidewalk extending from Franklin Street into the site.
Procedural History
1. An application for a Site Plan Review under Sections 9.5 and 8.1 of the City of Salem
Zoning Ordinance was made by 11 Franklin, LLC and filed with the Planning Board July
1, 2021.
2. The Planning Board of the City of Salem opened the public hearing on Thursday, July 22,
2021. The public hearing was continued to September 9, 2021, October 27, 2021,
November 4, 2021, November 18, 2021, December 16, 2021, January 6, 2022, January 20,
2022, February 17, 2022, March 3, 2022, March 17, 2022, March 31, 2022, and April 14,
2022.
3. The Planning Board closed the public hearing on April 14, 2022.
4. 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
9-11 Franklin Street
April 14, 2022
2
FHOD Special Permit Criteria
Pursuant to Section 8.1.2.2(a) of the Salem Zoning Ordinance, the FHOD includes all special flood
hazard areas within the City of Salem designated as Zone A, AE, or VE on the Essex County Flood
Insurance Rate Map (FIRM) issued by the FEMA.
In considering approval of the Flood Hazard Overlay District Special Permit, the Planning Board
hereby makes the findings for the portion of the site within the FHOD pertaining to the Flood
Hazard Overlay District Special Permit Application as follows:
1. The proposed uses comply in all respects to the uses and provisions of the underlying
districts in which the land is located.
i. The property is located in the Business Neighborhood (B1) and the Residential
Two-family (R2) Zoning Districts. The applicant is seeking to construct twelve (12)
townhouse style units located in three (3) buildings on the portion of the parcel
known as 9 Franklin Street and consisting of approximately 36,450 square feet. The
proposed buildings comply with the Salem Zoning Ordinance by means of a
variance decision and a Special Permit for Multi-Family Residential Use issued
May 5, 2021, by the Salem Board of Appeals, as well as a variance decision to
allow for 3 stories in the R2 district on June 16, 2021, issued by that same body.
2. There is 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 flooding
of the lot(s) or adjacent lot(s) caused by either overspill from water bodies or high runoff.
i. The project has been designed to allow adequate convenience and safety of
vehicular and pedestrian movement within the site and in relation to adjacent streets
and property. Garages and building entries are located above the FEMA Flood Zone
“AE” (elevation 10), which will prevent flooding of homes. A small section of
parking, approximately 5000 square feet, is located below elevation 10, it is not
expected that residents will regularly use this parking and impacts will be minimal.
While the entry to the site is below elevation 10, the depth of water is only expected
to be about 1.5 feet during the 100-year-flood, which should still provide access for
emergency vehicles.
3. Utilities, including gas, electricity, fuel, water and sewage disposal, will be located and
constructed so as to protect against breaking, leaking, short-circuiting, grounding or igniting
or any other damage due to flooding.
i. All surface utilities (transformer, electric, gas and water meters, hydrant) and will
be located above the FEMA Flood Zone elevation 10. Underground pipes and
conduits, sanitary sewer structures and storm sewer structures that cannot be
located above the FEMA Flood Zone elevation 10, will be watertight and protected
against any damage occurring from flooding.
Planning Board Decision
9-11 Franklin Street
April 14, 2022
3
ii. All Service connections will be in compliance with the current edition of the
Massachusetts Building Code, 780 CMR State Board of Building Regulations
Standard, Appendix G: Flood-Resistance Construction.
4. Where the proposed use will be located within a coastal high hazard area (Zone VE on the
FEMA Flood Insurance Rate Maps), the Planning Board shall also find the following conditions
to be fulfilled: New structures or substantial improvements shall be located landward of the reach
of mean high tide. The support of new structures or substantial improvements shall not be, in whole
or in part, by the use of fill.
i. There is no coastal high hazard area (Zone VE) on the subject property
Decision
In view of these findings, the Planning Board decided at a regularly scheduled meeting on April
14, 2022, by a vote of eight (8) in favor (Chair Bill Griset, Kirt Rieder, Tom Furey, Sarah Tarbet,
Helen Sides, Todd Waller, Carole Hamilton, and Zach Caunter), 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 Development Plans at 9-11 Franklin Street (Assessor’s
Map 26, Lot 375), 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.
09.02.2021 03.11.2022
Existing Conditions C-2 The Morin-Cameron Group,
Inc.
09.02.2021 03.11.2022
Site Context Plan C-3 The Morin-Cameron Group,
Inc.
09.02.2021 03.11.2022
Site Preparation Plan C-4 The Morin-Cameron Group,
Inc.
09.02.2021 03.11.2022
Site Plan C-5 The Morin-Cameron Group,
Inc.
09.02.2021 03.11.2022
Grading & Drainage
Plan
C-6 The Morin-Cameron Group,
Inc.
09.02.2021 03.11.2022
Utility Plan C-7 The Morin-Cameron Group,
Inc.
09.02.2021 03.11.2022
Construction Details
I
C-8 The Morin-Cameron Group,
Inc.
09.02.2021 03.11.2022
Construction Details
II
C-9 The Morin-Cameron Group,
Inc.
09.02.2021 03.11.2022
Planning Board Decision
9-11 Franklin Street
April 14, 2022
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Construction Details
III
C-10 The Morin-Cameron Group,
Inc.
09.02.2021 03.11.2022
Construction Details
III
C-10 The Morin-Cameron Group,
Inc.
09.02.2021 03.11.2022
Construction Details
IV
C-11 The Morin-Cameron Group,
Inc.
09.02.2021 03.11.2022
Landscape Plan L1 Radner Design Associates,
Inc.
06.30.2021 10.28.2021
Lighting Plan L2 Radner Design Associates,
Inc.
06.30.2021 10.28.2021
Elevations A-1 Seger Architects, Inc. 02.23.2021 07.01.2021
Typical Floor Plans A-2 Seger Architects, Inc. 02.23.2021 07.01.2021
Aerial Rendering - 1 Seger Architects, Inc. 07.01.2021
Aerial Rendering - 2 Seger Architects, Inc. 07.01.2021
Aerial Rendering - 3 Seger Architects, Inc. 07.01.2021
View from Franklin
Street
Seger Architects, Inc. 07.01.2021
View Looking North Seger Architects, Inc. 07.01.2021
Typical Front
Facade
Seger Architects, Inc. 07.01.2021
View Looking South Seger Architects, Inc. 07.01.2021
2. Amendments
a. Any proposed future changes to the site plan shall be submitted to the City Planner
for their review, prior to any changes in the field. The submission shall include a
plan sheet with all changes from the plans approved by the Planning Board bubbled,
noted, and stamped by a licensed professional engineer or architect. This
submission shall also include a brief narrative explaining the proposed changes. If
deemed necessary by the City Planner, these amendments shall be brought to the
Planning Board. Any waiver of conditions contained within shall require the
approval of the Planning Board.
3. Transfer of Ownership
a. In the event of the transfer of the site as a whole, within five (5) days of such
transfer, the Owner shall notify the Board in writing of the new owner’s name and
address. The terms, conditions, restrictions, and/or requirements of this decision
shall be binding on the Owner and its successors and/or assigns.
4. Site Specific Conditions
a. HVAC units will be installed within fifteen (15) feet of each dwelling unit.
b. 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.
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5. 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.
6. Traffic & Circulation
a. To ensure that safe vehicular, bicyclist, and pedestrian circulation is maintained
throughout construction, applicant shall submit to the City Planner, prior to
issuance of a Building Permit, a plan detailing site access for construction vehicles,
material delivery, debris removal, and any other vehicular activity associated with
the project’s construction.
b. The developer shall coordinate construction activities with the City Engineer.
c. The developer shall contribute $6000.00 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.
7. 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.
8. 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.
9. Fire Department
a. All work shall comply with the requirements of the Salem Fire Department.
10. Building Inspector
a. All work shall comply with the requirements of the Salem Building Inspector
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11. 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 submit to the Health Agent a plan for rodent control and
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. In accordance with Board of Health regulation #7, the developer shall ensure that
the trash contractor offer mandatory recycling to the development.
k. The Fire Department must approve the plan regarding access for fire fighting.
l. 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.
m. The developer shall disclose in writing to the Health Agent the origin of any fill
material needed for the project.
n. 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.
o. The developer shall notify the Health Agent when the project is complete for final
inspection and confirmation that above conditions have been met.
12. 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. 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
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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 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 the plan titled “9-11 Franklin Street -
Cleaning & CCTV requirements for Sewer” dated Thursday, January 27, 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 sewer 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 systems.
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 drain system to serve the proposed development has adequate
condition and capacity to accommodate proposed flows, at all times and tide
conditions. Back-up data, including engineering calculations and the results of
required drain inspections and existing flow measurements, shall be included in the
letter. Cleaning and CCTV inspections of the 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 plan titled “9-11 Franklin Street - Cleaning & CCTV requirements for Drain”
dated Thursday, January 27, 2022. A copy of the video and log of all inspections
shall be submitted with the applicant’s engineer’s letter. Any deficiencies
identified during the investigations of the City’s drain collection system shall be
indicated in the letter including the repair recommendations from the applicant’s
engineer. All deficiencies identified in the investigations of the 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 permit for
connection to the drain systems.
e. Prior to building permit sign-off or street opening permit, whichever comes first,
applicant’s engineer shall provide a letter stating that the City watermains to serve
the proposed development have adequate flow and pressure 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.
f. Prior to issuance of street opening permit, applicant’s plumber shall provide
calculations relative to water meter sizing.
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g. 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.
h. 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.
i. Prior to building permit sign-off, applicant shall submit a revised utility plan
identifying the resolution of the vertical conflict between the existing and proposed
utilities, including the water/drain crossing on Franklin Street and the sewer/water
crossings between Buildings B and C. A copy of any findings related to the
exploratory excavations shall be captured in a letter to the City Engineer from the
applicant’s engineer.
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, applicant shall provide a revised Sheet C-9
showing final plan for the retaining wall with underdrainage to the City Engineer.
m. 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.
n. 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.
o. Prior to Engineering sign off on a Certificate of Occupancy, applicant shall provide
the condominium documents to the City Engineer. Said documents shall contain
language which affirmatively states that the ownership and maintenance/ repairs
of the private stormwater management system as well as the water and sewer
systems (private mains and services) are the responsibility of the private property
owner (or association), until the utility connection in the City street.
13. 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
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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 construction 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.
14. 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.
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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.
15.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.
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.
16. 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 and Flood Hazard Overlay District special permit 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