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1-3 EAST COLLINS STREET SIGNED REQUEST FOR REVIEW COMMENTS CITY OF SALEM PLANNING BOARD REQUEST FOR REVIEW COMMENTS DATE:August 22,2019 TO: ( )BUILDING COMMISSIONER ( )BOARD OF HEALTH ( ) CONSERVATION COMMISSION ( )SCHOOL DISTRICT ( ) CITY ENGINEER ( ) DEPARTMENT OF PUBLIC SERVICES ( ) FIRE PREVENTION ( )POLICE DEPARTMENT Attached please find the application referenced below. The Planning Board requests that you review this application relative to the Zoning Ordinance and/or to the Subdivision Regulations and Massachusetts General Law Chapter 41. We would appreciate your completing the form below and returning it to Mason Wells, Staff Planner in the Department of Planning and Community Development. He can be contacted by phone at 978-619-5685 or e-mail at mwells t salem.com Application for the following: ( ) Preliminary Subdivision Plan ( ) Definitive Subdivision Plan ( ) Waiver of Frontage Request (Z) Site Plan Review ( ) Planned Unit Development ( ) Cluster Development ( ) Business Park Development District ( ) Wireless Communication Facilities Special Permit ( ) North River Canal Corridor Mixed Use District Special Permit (X Flood I-lazard District Special Permit ( ) Drive-Through Special Permit APPLICANT: New View Addiction Rehabilitation&Education Center, Inc. PROJECT NAME&ADDRESS: 1-3 East Collins Street COMMENTS DUE: Requested by September 9, 2019 for hearing Se;Member 19, 2019 Please attach comments: ( )SEE COMMENTS ATTACHED ( ) CONCUR WITH PROPOSAL ( ) NEED ( RE INFORMATION ( ) AN_ '(-. ' CONCUR WITH PROPOSAL Revieaver's.-igna.rre Title Date 98 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 ' PHONE 978.619.5685 ' WWW.SALEM.COM f�)'8"�IDW/ j CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH 98 WASHINGTON STREET,3RD FLOOR PublicHealth SALEM,MA 01970 Prevent.Promote.Protect. TEL. (978) 741-1800 KIMBERLEY DRISCOLL health a salem.com DAVID GREENBAUM,RS MAYOR HEALTH AGENT September 11, 2019 Ben Anderson, Chairman Salem Planning Board 98 Washington Street Salem, Massachusetts 01970 Dear Mr. Anderson: At its meeting on Tuesday, September 10, 2019 the Salem Board of Health heard testimony from the proponent regarding the Site Plan Review for New View Addiction Rehabilitation & Education Center, Inc. located at 1-3 East Collins Street. The Board of Health voted to place the following conditions on this project: 1. 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. 2. 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 MA DEP standards for the proposed use. 3. A copy of the Licensed Asbestos Inspector's Report must be sent to the Health Agent. 4. A copy of the Demolition Notice sent to MA DEP, Form BWPA06, must be sent to the Health Agent. 5. The developer shall provide the Health Agent with a copy of the 21 E report. 6. A radon remediation kit shall be installed in and operational in each below grade dwelling unit. 7. A radon test shall be conducted following installation and operation of the remediation kit. 8. The developer shall adhere to a drainage plan as approved by the City Engineer. 9. 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. 10. The developer shall submit a plan for rodent control and maintain the area free from rodents throughout construction. 11. The developer shall submit to the Health Agent a written plan for dust control and street sweeping which will occur during demolition and construction. 12. 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. 13. The Fire Department must approve the plan regarding access for firefighting. 14. 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. 15. The developer shall disclose in writing to the Health Agent the origin of any fill material needed for the project. 16. 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. 17. The drainage system for this project must be reviewed and approved by the Northeast Mosquito Control and Wetlands Management District. 18. The plans for the proposed kitchen for this facility must be sent to the Health Agent for approval prior to construction. 19. The developer shall notify the Health Agent when the project is complete for final inspection and confirmation that above conditions have been met. If I may be of any assistance to your Board, please feel free to call me. Sincerely yours, For the Boar f Health, David Greenb um Health Agent Cc: Salem Board of Health Site Plan Review 1-3 East Collins Street August 15,2019 An enclosure for trash and recycling is located in an easily accessible area of the parking lot. No dedicated loading areas are required for this facility. 3. Traffic f oW circulation and traffic impact Traffic flow on the project site is being improved by the addition of a 20 foot wide access driveway. Currently, no driveway exists on the property, and cars simply drive over the curb or onto the adjacent New England Power Company property to park up against the building. The new parking lot in the rear of the building will provide dedicated on-site parking for the facility, and will contribute to the residential style of the neighborhood by removing the existing parking along the street frontage.The traffic impact will be minimal since the new facility is a residential program where residents stay for either two or four weeks and are not permitted to have vehicles on-site.The only visitors wilt be family members that.are prescheduied to attend a meeting with patients and staff. Otherwise, employees will be the only regular contributors to traffic at the site. The previous social club/barroom use would generate more traffic on a deity basis,,though it would generally be concentrated towardthe late afternoon and evening hours.The proposed low-intensity use will have a more dispersed traffic flow,centered around the daily schedules of medical staff and employees. As such,there will be no noticeable impact to traffic within the local neighborhood or the surrounding roadways. 4. External lighting A new external lighting system will be installed, which will be comprised of pole-mounted fixtures as well as new wail sconces mounted to the building. Refer to the Photometric Lighting Plan for further information. 5. Landscaping &screening Significant landscaping improvements are proposed to refresh and beautify the project site. The existing fence along the westerly property line will be preserved for screening of the new driveway. New trees, shrubs and perennials will be planted around the building, and will generally consist of native species well suited for this coastal location. The landscape beds will be stabilized with stone mulch, which satisfies the FLre Department's desire to minimize flammable groundcover and will also provide.a more permanent ground cover in the event of flooding on site. The proposed vegetated stormwater areas will be seeded with a variety of grasses and forbs that will only be mowed a couple times a year to create a natural meadow landscape in the rear of the site. All existing vegetation(including trees and shrubs)that exists along the existing berm at the rear of the parking lot will be protected during construction. 6. Utilities The project will include installation of new water services (domestic and fire), a new sewer service and a new gas service. Upgrades to the existing electric,telephone and communication services will be coordinated with the individual utility providers. All existing utility services will be abandoned in accordance with the requirements of the Salem DPW. 7. Snow removal Several areas on site are available for snow storage, as shown on the Site Layout Plan. Excess snow will be hauled off-site in accordance with local and state regulations. 8. Natural features and their_s)rotection and enhancement As described previously, the limit of work for the project falls entirely within previously developed areas. Erosion control measures will be installed just,'beyond the edge of the existing parking tot, and no work will occur beyond this limit. The existing vegetated berm and all existing vegetation beyond the work area will be protected.. There will be no impact to the coastal resources on the project site and there will be an inwrease in landscape areas of 3 Site Plan Review 1-3 East Collins Street August 15,2019 2,740 Sft,which will be planted with new trees, shrubs and perennials.A Notice of Intent was filed with the Salem Conservation Commission on July 25, 2019, and an Order of Conditions was issued by the same on August 14, 2019. 9. Topograp_hy and its maintenance The developed area of the site is relatively flat, with elevations ranging from 8.5 near East Collins Street to 6.5 along the rear of the parking lot. There is a vegetated berm along the rear edge of pavement with a top elevation of around 9.0 which will be protected during construction. The intent of the proposed site design is to generally match existing topography and to achieve positive drainage across all paved and landscape areas. The rear of the new parking lot will be slightly elevated from the conditions on site today. Stormwater runoff will be conveyed overland to the rear of the parking lot,as it does today,toward the newvegetated infiltration basin. The first floor elevation of the new building will be 11.5, which is 1.5 feet above the 100-year flood elevation (Zone AE: Etev. 10.0). In order to provide handicap access to the building,there will be sidewalks and a ramp adjacent to the main entrance in the rear. 10. Compatibility of architecture with surrounding area The architectural style of the building will be residential in nature to conform to the character of the neighborhood. The building will have a flat roof and clapboard siding, and double hung windows were selected to further reflect the architectural aesthetic of the neighborhood. The trim details (including watertable, cornerboards, window/door trim and cornice) are all appropriate for their contextual surroundings. Refer'to the architectural floor plans and elevations for further design details and information. Conduston This redevelopment project, as proposed, represents a significant improvement over the existing site conditions. The construction of New View Addiction Rehabilitation & Education Center, Inc. will provide the City of Salem and surrounding communities with professional addiction treatment services in a licensed medical facility that is focused on patient education and long-term results. The proposed building has been designed for protection against flooding, and the stormwater management system is designed in full compliance with the Massachusetts Stormwater Handbook. Ultimately,this project will result in both aesthetic and environmental improvements, with a new building, increased landscape areas, natural stormwater management measures and protection of the adjacent coastal resource areas along the Collins Cove shoreline. We trust this report and supporting plans provides sufficient demonstration that the project sufficiently meets the Site Plan Review requirements of the City of Salem. For questions regarding this report,please contact The Morin-Cameron Group,Inc.between the hours of 8:30am to 4:30pm at(978) 777-8586. Sincerely, THE MORIN-CAMEIION GROUP, INC. Michael C. Laham, P.E. Project Manager Enclosures cc: New View Addiction Rehabilitation &Education Center, Inc. Benjamin Fierro III, Es'q• 4 The M6rin-C_ameron August 15, 2019 Salem Planning Board Salem City Hall 93 Washington Street Salem, MA 01970 Re: Technical Narrative Site Plan Review& Flood Hazard Overlay District Special Permit New View Addiction Rehabilitation & Education Center, Inc. 1-3 East Collins Street, Salem, MA Dear Members of the Board: On behalf of New View Addiction Rehabilitation &Education Center, Inc.,The Morin-Cameron Group, Inc.("MCG") is pleased to submit this application for Site Plan Review of the proposed redevelopment of 1-3 East Collins Street in Salem, Massachusetts. In addition to the Site Plan Review application, MCG is also filing an application for a Flood Hazard Overlay District Special Permit. Both applications are being submitted to the Board concurrently. Included herewith is the following: • Plan set entitled "Site Redevelopment Plans for New View Addiction Rehabilitation & Education Center, Inc., 1-3 East Collins Street (Assessor's Map 36, Lot 277) Salem, Massachusetts prepared by MCG, dated July 22,2019 revised through August 15, 2019. • Architectural plans prepared by Red Barn Architecture dated August 15, 2019 • Stormwater Management Report prepared by MCG dated July 22, 2019 • Letter from Lynch &Fierro LLP Re:Site Plan Review, 1-3 East Collins Street dated August 8, 2019 signed by Benjamin Fierro III, Esq. • Letter from Salem Building Commissioner, Re: 1-3 East Collins Street dated June 14,2019 Executive Summary New View Addiction Rehabilitation &Education Center, Inc.,the applicant, proposes to redevelop the property located at 1-3 East Collins Street in Salem, Massachusetts. The redevelopment project includes construction of a new three-story building in approximately the same location as the existing building on the site, which will be used to provide rehabilitation and education services to the local community. Additional site improvements will include increased landscaped (pervious) areas,a new parking lot,walkways,utilities and a vegetated stormwater management system. The subject properly is known as parcel 277 on the City of Salem Assessor's Map 36 and is comprised of 41,746 square feet (SF)of land. Since the proposed use of the site will be primarily educational in nature,the project qualifies for the protections of the so-called"Dover Amendment"to the Zoning Act(G.L.c.40A,§3,12). Further details of this particular distinction and its effect on the proposed project are discussed in the two letters referenced above. The following is a description of the existing site and the proposed project as it relates to the Site Plan Review application and the Flood Hazard Overlay District Special Permit. CIVIL ENGINEERS • LAND SURVEYORS • ENVIRONMENTAL CONSULTANTS• LAND USE PLANNERS 66 Elm Street, Danvers, MA 01923 978.777.8586 FA^ 78.774.3488 Providing Professional Services Since 1978 www.mori,ncameron.com Site Plan Review 1-3 East Collins Street August 15,2019 Existing Site Description The existing site includes a vacant single story building that was previously used as a social club and bar room,which also served as a function hall and special event center. The building is situated toward the front of the site near East Collins Street, and parking is provided to the front, rear and east of the building. A portion of the parking lot extends onto the adjacent property which is owned by New England Power Company, who also benefits from a gas easement through the property. The existing building will be demolished during the construction phase, and all existing pavement on site will be removed prior to commencement of new site work. The site is bordered to the west by East Collins Street, to the north by New England Power Company land and Planters Street,to the east by the shoreline of Coltins Cove/Beverly Harbor, and to the south by a residential property. The easterly portion of the site is comprised of coastal resource areas such as salt marsh,coastal dune,coastal bank and coastal beach. Grades on the site are highest to the west at East Collins Street,and slope downward to the east toward the coastal bank. Refer to the Notice of Intent application on file with the Salem Conservation Commission for a complete description of the resource areas. The entire site is shown to be in a Zone AE (Elevation 10.0, NAVD88) on the FEMA Federal Insurance Rate Map (FIRM)#25009C0417G,dated July 16,2014 (See Figure 4: FEMA Map). Proposed Site Description The proposed redevelopment project includes construction of a new three-story building along with a new parking lot, stormwater improvements, utility connections and new landscaping. The new parking lot will provide 18 on-site parking spaces, primarily located in the rear of the building. The total pavement reduction for the project equals 3,766 SF±,with the majority occurring within 100 feet of the coastal bank. Due to the addition of new sidewalks and other impervious areas, the total impervious area reduction is 2,740 SF±. The new landscape areas will be planted with a variety of native trees, shrubs and perennials, and the vegetated stormwater area will be planted with a diverse meadow seed mix. The limit of work for this project falls entirety within previously disturbed areas,and is generally limited to the edge of the existing parking lot. For information regarding the proposed stormwater management practices and an analysis of the drainage conditions on the project site, refer to the Stormwater Management Report prepared by MCG dated July 22, 2019. Site Plan Review Discussion 1. Building The existing one story concrete block building,which has a footprint area of 5,240 SF±,will be demolished prior to construction. The new three-story building has a footprint area of 4,860 SF± and will be constructed in the same general vicinity as the existing building. The main entrance, including handicap access, will be in the rear of the building adjacent to the parking lot. The architectural style of the building will be residential in nature to conform to the character of the neighborhood. The building will have a flat roof and a height of approximately 34.2 feet measured from the average adjacent grade. The first floor is comprised of common space, dining area and offices while the upper floors contain the bedrooms and bathrooms for patients. Refer to the architectural floor plans and elevations, included herewith, for further design details and information. 2. Parking and loading A new driveway is proposed along the westerly property line, which will bring vehicles to the rear of the building where the parking lot and main entrance are located. The proposed parking lot contains 18 parking spaces,with 16 in the rear and two in the front of the building. 2 View has fulfilled all other licensing requirements. New View's primary methodology for recovery will be robust evidence based educational programing specific to the needs of persons with substance use disorders.Professional staff as well as recovering peers with a shared history of substance use disorder,will deliver these educational services.These workshops,in conjunction with professional case management,will enable residents to leam the biopsychosocial foundations of addiction, teach them about relapse prevention techniques,and other topics that cover many of the root-causes of substance use disorder and addictive behavior. All residents will be offered a wide variety of recovery pathways that are best suited to their preferences and views. These include: 12-Step,SMART Recovery,Faith-Based,Recovery Coaching and Holistic Alternatives. Daily instruction will also include group health sessions covering topics such as stress reduction,nutrition, medication,tobacco cessation,HIVIAIDS,STDs,viral hepatitis,and other wellness topics.Residents will also be taught coping skills to manage their emotions and behavior through meditation and reflection. Workshops will also assist residents in developing life skills through guidance and mentoring in the provision of healthy self-care and in their orientation and adjustment to the facility,as well as articulated processes for conflict resolution by providing guidance in acceptable group behavior. The Site 1-3 Collins Street is an approximately one-acre lot in the R-1 Zoning District.Its ocean front location in a residential neighborhood provides a quiet, serene setting that will enhance the educational experience of the individuals seeking to learn how to achieve sustainable recovery from drug and alcohol addiction. The Building There is currently a single-story concrete block structure on the property that once served as the home of the Ward 2 Social Club.New View intends to demolish the existing structure and erect a new attractive,wood frame building.The building's traditional architectural design and features will be compatible with the character of the neighborhood.Landscaping will be incorporated into the plan as appropriate given there will be no outdoor activities occurring at the site. The individuals staying at New View will not be allowed to keep their personal motor vehicles at the site,nor will they be allowed to have visitors other than family members attending scheduled family counseling or education programs.Parking will be provided at the rear of the building to maintain a more attractive streetscape consistent with a residential setting.The primary entrance for guests and staff will also be located in the rear of the building., Staffing As a residential facility,New View will employ kitchen and maintenance personnel.Administrative staff will include an executive director,program director,admissions director,admissions coordinator;and senior case manager.Educational programming will be taught by professional staff, recovery support specialists,nursing staff and outside speakers. LYNCH & FIERRQ LLP COUNSELLORS AT LAW 6 BEACON STREET-SUITE 425 BOSTON • MASSACHUSETTS • 02108 TEL 617-350.4088 FAX 617-350•4066 August 8.2019 Ben Anderson, Chair City of Salem Planning Board 98 Washington Street Salem,Massachusetts 01970 Re: Site Plan Review 1-3 East Collins Street Dear Mr. Anderson: On behalf of my client,New View Addiction Rehabilitation and Education Center;Inc., I am pleased to submit this narrative to assist the board in its Site Plan Review of the proposed redevelopment of the above-captioned property. Tlie Corporation New View Addiction Rehabilitation and Education Center, Inc. ("New View") is a Massachusetts nonprofit educational corporation established pursuant to G.L. c. 180, §4. The corporate purposes of New View include utilizing all possible resources available to assist individuals with alcoholism and drug addiction by providing a range of short and long-tern residential addiction treatment services,including, but not limited to,educational programming, individual counseling;group counseling,family counseling,advocacy,and referral and follow-up services as appropriate. The Mission It is the mission of New View Addiction Rehabilitation and Education Center to provide a safe,healing environment to offer evidence-based educational and therapeutic practices for its clients and their families. New View believes that addiction is a chronic disease.In order to best support recovery outcomes,addiction must be treated holistically,by educating the individual about the diverse pathways to sustainable recovery and a purpose-driven, healthy,and productive life. Licensing and Programmes New View intends to lease the building to operate a licensed Substance Use Disorder Treatment program.The Massachusetts Department of Public Health Bureau of Substance Abuse Services found New View to have met the suitability requirements of 105 CMR 164.010(A) 1-8 to be considered for such a license.The granting of a license by the department is contingent upon a fuial inspection of the facility and a determination that New CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 98 WASHINGTON STREET,2ND FLOOR TEL: 978-745-9595 KIMBERLEY DRISCOLL FAX: 978-740-9846 MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERnES/BUILDING CONMHSSIONER this determination. The City expressly reserves'the right to reconsider this determination should the Supreme Judicial Court decide to limit the scope of Dover Amendment protection such that New View's use would no longer be consider sufficiently educational. While I have determined that, as of now,New View's proposed use qualifies for protection under Dover, please be advised that under Chapter 40A,the City may still regulate and impose,reasonable requirements with respect to the height and bulk of the structure as well as parking. Also,given the property's location,any structure will need to comply with all City ordinances and state regulations regarding construction within the flood plain. Should you choose to move forward, we will need to meet to review these issues prior to the issuance of any building permits. Respe tfully, Thomas St. Pierre cc: Elizabeth Rennard, City Solicitor Victoria Caldwell, Asst. City Solicitor CITY OF SALEM) MASSACHUSETTS ? BUILDING DEPARTMENT 98 WASHINGTON STREET,21\7D FLOOR TEL: 978-745-9595 KIMBERLEY DRISCOLL FAX: 978-740-984", MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTIES/BUILDING CON IISSIONER June 14,2019 Via email to bfierrofi0ynchfierro.com Benjamin Fierro III, Esq. Lynch&Fierro LLP 6 Beacon Street, Suite 425 Boston,MA 02108 RE: 1-3 East Collins Street Dear Attorney Fierro: I am writing in response to your request of April 26,2019 seeking a written determination that the proposed use of 1-3 East Collins Street by the New View Addiction Rehabilitation and Education Center, Inc.as a Department of Public Health licensed treatment facility is a use protected under the Dover Amendment to the Zoning Act(G.L. c.40A, § 3,¶2)and Section 6.5 of the City's Zoning Ordinance. As you know, the Dover Amendment allows the use of land or structures for educational purposes by a nonprofit educational corporation in any zoning district, including Salem's R-1 district where 1-3 East Collins Street is located. I have reviewed the binder of information you submitted and examined the current case law with the City Solicitor's office. As the determination you are seeking requires a fact-based inquiry to determine whether the proposed use is sufficiently educational in nature, I have carefully examined the materials you submitted relating to the filings your client has made with the Secretary of State's office, the DPH letter indicating that the proposed facility has met the preliminary suitability requirements for licensure,the description of the proposed educational programming and daily schedules,and the resumes of the principals involved. In reviewing the case law, we have found that addiction treatment centers like that proposed by New View have been provided with Dover Amendment protection despite involving medical treatment. Based upon the materials you have provided the City,and in light of the legal precedent,it is my determination that New View should be afforded the same protection. Please keep in mind, however,that any decision in the pending appeal of McLean Hosp. Corp. 1> Town of Lincoln,26 LCR 540(2018), a case where the Land Court found that the therapeutic program use proposed by McLean Hospital was not predominately educational and not protected by the Dover Amendment, could alter A licensed physician will serve as the program's medical director.Both a registered nurse and a licensed practical nurse will also be on site 24/7.It is anticipated that New View will have approximately 20 staff on site at one time during its largest daytime shim. New View's staffing patterns will meet or exceed the requirements stipulated by the Department of Public Health. Zonin2 Exernmion In his letter to me dated June 14,2019, Building Commissioner Thomas St. Pierre,as the zoning enforcement officer for the City of Salem,determined that New View's proposed use of the site will be primarily educational in nature and,therefore,qualifies for the protections of the so-called"Dover Amendment"to the Zoning Act (G.L. c.40A, 3,¶2), wluch makes it illegal for cities and towns to adopt any zoning ordinance or by-law that prohibits,regulates or restricts the use of land or structures for educational uses on land owned or leased by a nonprofit educational corporation. (a copy of his letter is enclosed with this filing). While New View's use of the site is allowed as a matter of right,a municipality may impose"reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area,setbacks, open space,parking and building coverage requirements."In this regard,the board should take note that the new building will be constructed on a slightly smaller footprint than the existing structure and will comply with the minimum front,rear and right side yard setbacks required in the R-I Zoning District.The left side yard setback will be slightly less nonconforming than the existing nonconforming setback.The building will also comply with the maximum height limitation for said district.Finally, we believe our plan provides for adequate traffic flow,parking and circulation. I hope you find this information helpful. Please do not hesitate contact me if you require further information. Respectfully, rl f� ,w Benjamin Fierro III 1761� 0[li11 pC li.i�iY't3.i Uli1 C: Mark Clifford Michael C. Laham,P.E.