PB - 20,25,30,40 Colonial Road FHOD Special Permit Decision CITY OF SALEM
PLANNING BOARD 2020 AUG 1 ! A AM 10:-36
CI;�` CLERK
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Flood Hazard Overlay District Special Permit Decision
20, 25, 30, and 40 Colonial Road
Map 24, Lots 117, 118, 119, and 121
August 6,2020
Findings and Decision
Re:Application of Colonial Road Owner, LLC for the property located at 20, 25, 30, and 40 Colonial
Road(Map 24, Lots 117, 118, 119, and 121)for a Flood Hazard Overlay District Special Permit in
accordance with the Salem Zoning Ordinance Section 8.1.
Procedural History
1. A Flood Hazard Overlay District Special Permit application for site work to accommodate a
change in use from chemical manufacturing to warehouse and distribution was submitted June
17,2020.Work will include,but will not be limited to,building demolition,parking lot repaving,
pavement removal, and improvements to the stormwater system and utilities. A portion of the
subject property is located within the 100-year floodplain.
2. The Planning Board of the City of Salem scheduled a Public Hearing for the Flood Hazard
Overlay District Special Permit that opened on July 9,2020.Testimony was heard and the Public
Hearing was continued to the July 23,2020 Planning Board meeting.
3. The public hearing was closed on July 23. 2020 with the following Planning Board members
present: Vice Chair Kirt Rieder (presiding), Bill Griset, Carole Hamilton, Noah Koretz, D.J.
Napolitano,Helen Sides,Matt Smith, and Matt Veno. Chair Ben Anderson was absent.
4. Member Matt Veno submitted a signed affidavit of service certifying he has examined all
evidence pertaining to the project distributed at the single missed session on July 9, 2020.
5. 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
1. General
a. The applicant proposes site preparation to accommodate a change in use from chemical
manufacturing to warehouse and distribution. Work will include, but will not be limited
to, building demolition, parking lot repaving, pavement removal, and improvements to
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the stormwater system and utilities.A portion of the subject property is located within the
100-year floodplain.
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:
a. The proposed uses comply in all respects to the uses and provisions of the underlying
districts in which the land is located.
i. The proposed warehouse and distribution use comply with the underlying
Industrial (I)zoning district for the property.
b. 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. Per the submitted design plans, the building and majority of the project site are
positioned above the flood elevation of 10.0'. Isolated portions of the project, as
well as adjacent City streets required to access the project will be under water
during a 100-year flood event. The used portion of the on-site area subject to
flooding consists of landscaped areas and sections of the access drive and parking
lot. The maximum flood depth in these areas is ten (10) inches. In the event that
the access drive is potentially obstructed by this depth of water,an alternative exit
from the site is available through the building, by exiting on the north side of the
building to Colonial Drive. The building is designed for vehicles to drive through
so that they can be loaded within the building. The existing building slab (lowest
floor) is approximately four feet above the 100-year flood elevation placing it
above the maximum flood elevation.
Additionally, changes to grading will protect the health and safety of occupants
during flooding through the removal of fill structure, the matching of site
topography, and new flood storage with the removal of buildings. Natural
characteristics of site flood storage will also be improved to create extra storage
and maintain flow. The proposed design can receive more flood water on site,
which can improve egress and parking.
c. 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. The originally submitted design plans do not identify the existing sewer pump
station and sewer pipes that are located below the flood elevation or identify
improvements to the pump station to protect it from flooding and relocate
electrical equipment above the flood elevation. High groundwater and flooding
pose risk of overwhelming the pump station through the existing structure that is
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not protected, or through improperly abandoned pipes that served the previously
demolished buildings or current buildings to be abandoned.
However, revised plans to be submitted by the applicant,per condition 6 below,
shall provide additional information that demonstrates compliance with
requirement 3 of the Flood Hazard Overlay District Special Permit and revisions
to Sheet C-6 that include spot grades on transformer pad, location of gas meters,
location of sewer pump station controls, identification of existing sewer pipes and
service stubs to be removed or capped, and identification of proposed
improvements to the sewer pump station to protect from flood inundation to be
reviewed for final sign off by the City Engineer prior to the issuance of demolition
permits.
d. 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 are no proposed uses within the VE zone as mapped by FEMA on the site.
Decision
In view of the foregoing,the Planning Board hereby finds that the aforesaid project meets all the
requisite criteria. Therefore, the Planning Board grants a FHOD Special Permit for the
development of in accordance with the terms and conditions stated below.
1. Conformance with the Plan
a. Work shall conform with the following sets of plans: Plans entitled "Commercial
Redevelopment Site Plans in Salem,Massachusetts, 20,25, 30&40 Colonial Road,"
prepared by MCG on June 2,2020 and revised through July 22,2020 *(To be revised
per condition 6 below).
2. Amendments
a. Any amendments to the approved plans referenced in condition La. shall be reviewed
by the City Planner and if deemed necessary by the City Planner, shall be brought to
the Planning Board. Any waiver of conditions contained within shall require the
approval of the Planning Board.
3. Board of Health
a. All Board of Health requirements shall be strictly adhered to.
4. Fire Department
a. All work shall comply with the requirements of the Salem Fire Department.
5. Building Inspector
a. All work shall comply with the requirements of the Salem Building Inspector.
6. City Engineer
a. All work shall comply with the requirements of the City Engineer.
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b. The applicant shall comply with all of the comments from the Civil Peer Review
Letter prepared by Bill Ross from New England Civil Engineering Corp and dated
July 15, 2020:
c. Sanitary Sewer
i. Prior to the issuance of demolition permits,the applicant shall provide
additional information about existing and proposed peak sewer flows and
include the location, size, and capacity of existing sewer piping and pumping
infrastructure to demonstrate the sewer has adequate capacity and condition
to convey the project flows subject to review and approval by the Peer
Reviewer and City Engineer.
ii. The applicant shall clean and CCTV inspect the sewer pipes to confirm
condition and capacity to handle project flows, and to identify and locate
abandoned service connections to be capped, subject to review and approval
of City Engineer.
d. Water
i. Prior to the issuance of demolition permits,the applicant shall provide
additional information about existing and proposed peak domestic and fire
service flows, and include size and location of existing and proposed water
pipes, valves, and appurtenances on the plans, including pipes to be capped
and abandoned.
7. Construction Practices
a. All construction shall be carried out in accordance with the following conditions:
i. 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 construction of the project.
ii. 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.
iii. The Owner shall promptly notify the Board of Health of any environmental
conditions encountered during construction that may adversely impact the
abutters to the site.
iv. All provisions in the City of Salem's Code of Ordinance, Chapter 22, Noise
Control, shall be strictly adhered to. If stricter measures are required by this
Decision,the stricter measures shall apply.
v. Any rock hammering, drilling,or blasting shall be limited to Monday-Friday
between 8:00 AM until 5:00 PM. There shall be no drilling or blasting on
Saturdays, Sundays, or holidays. Blasting shall be undertaken in accordance
with all local and state regulations.
vi. Advance notice shall be provided to all abutters in writing at least 72 hours
prior to commencement of blasting activity. Notice shall be provided again
after blasting inactivity for seven(7)or more days.
vii. All onsite rock hammering shall be conducted for the purpose of decreasing
the size of blasted or excavated rock. All rock shall be transported offsite to
be crushed and processed elsewhere, except in limited circumstances where
there is verbal or written pre-approval from the Clerk of the Works. This
limited on-site rock crushing activity shall be conducted at the maximum
practicable distance from occupied buildings.
viii. Where practical,all onsite material shall be used as back fill and for other uses
on site.
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ix. All construction vehicles left overnight at the site must be located completely
on the site.
x. All construction vehicles shall be cleaned prior to leaving the site so that they
do not leave dirt and/or debris on surrounding roadways.
xi. With the exception of any off-site improvements required as part of this
decision, all construction will occur on site; no construction will occur or be
staged within City right of way. Any deviation from this shall be approved
by the Department of Planning and Community Development prior to
construction.
xii. Any roadways, driveways, sidewalks, or landscaping damaged during
construction shall be restored to their original condition by the Owner. The
City Engineer,along with the Clerk of the Works shall determine the condition
of the roadways directly impacted by construction and related traffic and
determine the types of repairs required by the owner.
S. Clerk of the Works
a. A Clerk of the Works shall be provided by the City, at the expense of the applicant,
his successors or assigns, as it is deemed necessary by the City Planner.
Notwithstanding the foregoing, the parties acknowledge the Project shall be subject
to controlled construction, which requires oversight by a Registered Professional
Civil Engineer. Accordingly, it is the understanding of the Board, the City Planner
and the Applicant,that the Clerk of the Works, is expected to oversee and review all
civil/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. any connections to, extension of, or improvements to publicly owned
infrastructure both on the applicant's site or within the City's right of way and
any on-site stormwater or wastewater systems;
iv. any new installations or modifications to existing pavement/sidewalk/curbing;
and
v. any sedimentation and erosion control barriers
b. The Clerk of the Works shall review and approve all proposed, or approved, changes
to the original Planning Board decision.
c. It is also mutually understood that the expense associated with the Clerk of the Works
shall be for a reasonable number of hours and at a customary rate of service.
d. The Clerk of the Works shall provide the applicant, the City Planner, and the City
Engineer reports of inspections including the dates and times on site with all invoices.
e. The applicant shall submit a construction plan that includes a detailed sequence and
schedule of all construction activities related to the Project to the City Planner for
approval prior to starting work. The construction plan shall clearly detail the
sequencing, schedule and, duration 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. If changes to the schedule are
necessary,the applicant shall notify the City Planner,the City Engineer,and the Clerk
of the Works as soon as possible. If the Clerk of the Works must inspect the site due
to lack of sufficient scheduling information and/or non-compliance with permits,
approvals, regulations, and/or laws, the costs associated with this work will be in
addition to the scope of work and cost established at initiation.
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f. 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.
9. As-built Plans
a. As-built Plans, stamped by a Registered Professional Engineer, shall be submitted to
the Department of Planning and Community Development and Department of Public
Services prior to the issuance of the Certificate of Occupancy. As-built plans shall
identify 1)the number,location,depth,size and materials of all buried utilities and 2)
locations and rim and invert elevations of all manholes and structures.
b. The As-Built plans shall be submitted to the City Engineer and the City Planner 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.
10. Violations
a. Violations of any condition 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 to grant a Flood Hazard Overlay District Special
Permit subject to the above-stated terms and conditions: Vice Chair Kirt Rieder, Bill Griset, Carole
Hamilton,Noah Koretz,D.J.Napolitano,Helen Sides,Matt Smith,and Matt Veno. Chair Ben Anderson
was absent.
No members of the Planning Board are in opposition to the granting of a Flood Hazard Overlay District
Special Permit.
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 and/or 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.
46^k_V"&Iv
Kirt Rieder
Vice Chair
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