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Decision 266 Canal Street (Map 32, 0038), 282 Canal Street (Map 32, Lot 0037), 286 Canal Street (Map 32, Lot 0036), 282 Rear Canal Street (Map 23, Lot 0144), and 2 Kimball Road (Map 32, Lot 0102) Definitive Subdivision – Form C September 20, 2024 The Residences on Canal Street, LLP C/O Attorney Joseph C. Correnti Correnti Kolick LLP 70 Washington Street, Suite 316 Salem, MA 01970 RE: Decision of the 266 Canal Street, Definitive Subdivision – Form C On July 25, 2024, the Salem Planning Board opened a Public Hearing for a proposal submitted by Joseph Correnti for a Definitive Subdivision Plan, to establish Road A, and closed the public hearing that night. Specifically, the applicant proposes the establishment of Road A. Procedural History On November 15, 2023, the applicant submitted a preliminary subdivision plan in order to freeze all appliable zoning provisions at time of submission. On March 7, 2024, The Planning Board approved the preliminary subdivision plan. On June 14, 2024, the applicant submitted a definitive subdivision plan within seven months of the preliminary plan in order to extend all zoning provisions for a period of eight years from the date of approval. The hearing for the definitive plan was opened on July 25, 2024 and continued to September 5, 2024. On September 5, 2024, the Planning Board voted to approve an extension of the 90-day deadline to act on a definitive plan to September 23, 2024. At the regularly scheduled Planning Board meeting on September 19, 2024, the Planning Board by a vote of eight in favor, (Chair Bill Griset, Kirt Rieder, Zach Caunter, Sarah Tarbet, Jonathan Berk, Helen Sides, Carole Hamilton, and Josh Turiel), and one opposed, (Tom Furey), approved the subdivision plan subject to the following conditions: 1. Conformance with the Plan a. Work shall conform to the set of plans entitled, “Definitive Subdivision Plan in Salem, Massachusetts at 266, 282, 282R, and 286 Canal Street and 2 Kimball Road,” dated June 13, 2024: CITY OF SALEM PLANNING BOARD ---PAGE BREAK--- 266 Canal Street (Map 32, 0038), 282 Canal Street (Map 32, Lot 0037), 286 Canal Street (Map 32, Lot 0036), 282 Rear Canal Street (Map 23, Lot 0144), and 2 Kimball Road (Map 32, Lot 0102) Definitive Subdivision Plan – Form C September 20, 2024 Drawing Title Sheet No. Prepared By Issued Cover Sheet 1 Morin –Cameron Group, Inc. 6.13.24 General Notes, Legend and Abbreviations 2 Morin –Cameron Group, Inc. 6.13.24 Existing Conditions Plan 3 Morin –Cameron Group, Inc. 6.13.24 Lotting Plan 4 Morin –Cameron Group, Inc. 6.13.24 Grading Plan 5 Morin –Cameron Group, Inc. 6.13.24 Roadway Plan, Profile, and Site Plan 6 Morin –Cameron Group, Inc. 6.13.24 Construction Details 7, 8 Morin –Cameron Group, Inc. 6.13.24 2. Endorsement of the Plans a. Following the statutory twenty (20) day appeal period, the Planning Board will endorse the original subdivision plans, subject to conditions of this decision, which shall be recorded at the South Essex Registry of Deeds. b. Prior to endorsement of the plans, the following items must be submitted for approval by the Planning Board: i. Acceptable form of grants of easements, if applicable. ii. This decision shall be referenced on the original plans prior to the endorsement by the Planning Board; the decision shall be recorded with the plans at the Essex South Registry of Deeds. 3. 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. 4. Subdivision Regulations a. The Subdivision shall be constructed in accordance with the requirements of the Subdivision Rules and Regulations and any other applicable regulations as affected by this decision. ---PAGE BREAK--- 266 Canal Street (Map 32, 0038), 282 Canal Street (Map 32, Lot 0037), 286 Canal Street (Map 32, Lot 0036), 282 Rear Canal Street (Map 23, Lot 0144), and 2 Kimball Road (Map 32, Lot 0102) Definitive Subdivision Plan – Form C September 20, 2024 5. Waivers a. In approving the Plans, the Board is hereby granting the following waivers of the Subdivision Rules and Regulations: i. A waiver from Section III B 2 p: The North American Vertical Datum of 1988 was used for elevations in lieu of the City of Salem datum. ii. A waiver from Section III B 2 n: The FEMA flood elevation of 10 was used in lieu of the City of Salem flood elevation of 15.36 iii. A waiver from Section III B 2 o: The wetland boundary approved by the City of Salem Conservation Commission by Order of Resource Delineation was used in lieu of the boundaries and types of wetlands as shown on the maps titled “Wetlands of Salem, Massachusetts.” b. In the judgment of the Planning Board, the granting of the above waivers is in the public interest and consistent with the intent of the subdivision control law. 6. Transfer of Ownership a. Within five days of transfer of ownership of the subdivision, the Owner shall notify the Board in writing of the new owner’s name and address. This shall not include the sale of lots within the subdivision in the ordinary course of business, but only a sale of the entire subdivision. The terms, conditions, restrictions and/or requirements of this decision shall be binding on the Owner and its successors and/or assigns. 7. Salem Conservation Commission a. The applicant shall receive all necessary approvals from the Salem Conservation Commission prior to commencement of any work. 8. Board of Health a. The applicant shall comply with all requirements of the City of Salem Board of Health. b. The applicant shall provide the City Health Agent the name, address and telephone number of the project manager who will be on site and directly responsible for the construction of the project. c. 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 certifies that the soil and ground water on the entire site meets the DEP standards for the proposed use. d. The developer shall adhere to the drainage plan as approved by the City Engineer. e. The developer shall employ a licensed pesticide applicator to exterminate the area prior to construction, demolition, and/or basting and shall send a copy of the exterminators invoice to the Health Agent. f. The developer shall maintain the area free from rodents throughout construction. g. The developer shall submit the City Health Agent a written plan for dust control and street sweeping which will occur during construction. h. The developer shall submit the City Health Agent a written plan for the containment and removal or debris, vegetative waste, and unacceptable excavation material generated during demolition and/or construction. i. The Fire Department must approve the plan regarding access for firefighting. ---PAGE BREAK--- 266 Canal Street (Map 32, 0038), 282 Canal Street (Map 32, Lot 0037), 286 Canal Street (Map 32, Lot 0036), 282 Rear Canal Street (Map 23, Lot 0144), and 2 Kimball Road (Map 32, Lot 0102) Definitive Subdivision Plan – Form C September 20, 2024 j. Noise levels from the resultant establishments 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 at the property line. k. The developer shall disclose in writing to the City Health Agent the origin of any fill material needed for the project. l. The resultant establishment(s) shall dispose of all waste materials resulting from its operations in an environmentally sound manner as described to the Board of Health. m. The developer shall install grease traps, to contain grease in gray water, prior to entering the city sewer system in developments with 10 or more units and in compliance with the requirements of the City Engineer. n. Radon mitigation systems shall be installed. o. The final construction shall comply with all requirements of the Massachusetts State Sanitary code and a potable water supply that meets potable water standards of the Massachusetts Department of Environmental Protection. p. The developer shall notify the City Health Agents when the project is complete for final inspection and confirmation that the above conditions have been met. 9. Fire Department a. The applicant shall comply with all requirements of the City of Salem Fire Department, including temporary access during construction. 10. Building Inspector a. The applicant shall comply with all requirements of the City of Salem Building Inspector. 11. Office of the City Engineer a. The applicant shall comply with all requirements of the Office of the City Engineer. 12. Utilities a. The applicant shall have an engineer certify the utility plans for review by the City Engineer prior to issuance of any building permit. The utility plans shall be reviewed and approved by the Office of the City Engineer prior to issuance of any building permit. b. All utilities shall be installed underground, except electricity, cable tv, and phone. c. Any utility installation for housing lots shall be reviewed and approved by the City Engineer prior to the issuance of a building permit. 13. Street Lighting a. The Owner shall coordinate with the electric company and the City Electrician regarding the installation of street lighting within the Subdivision prior to the issuance of a building permit. b. Street lights if installed shall be outfitted with LED bulbs. The street lighting shall be the responsibility of the Applicant until such time as the City accepts the street. 14. Pre-Construction Conference a. Prior to the start of work on the approved subdivision, a pre-construction conference shall be scheduled with the City Planner, the City Engineer (or his designee), the Building ---PAGE BREAK--- 266 Canal Street (Map 32, 0038), 282 Canal Street (Map 32, Lot 0037), 286 Canal Street (Map 32, Lot 0036), 282 Rear Canal Street (Map 23, Lot 0144), and 2 Kimball Road (Map 32, Lot 0102) Definitive Subdivision Plan – Form C September 20, 2024 Commissioner, the Health Agent, and any other departments that may be necessary. The Owner shall submit a construction schedule at the time of the pre-construction conference. 15. Construction Practices a. All construction shall be carried out in accordance with the following conditions: i. All construction shall be carried out 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. ii. No work shall commence before 8:00 AM on weekdays and Saturdays. No work shall continue beyond 5:00 PM. There shall be no work conducted on Sundays or holidays. Inside work of a quite nature may be permitted at other times. iii. Drilling and blasting shall be limited to Monday – Friday between 8:00 a.m. and 5:00 p.m. There shall be no drilling or blasting, or rock hammering on Saturdays, Sundays, or holidays. Blasting shall be undertaken in accordance with all local and state regulations. iv. All reasonable action shall be taken to minimize the negative effects of construction on abutters. Advanced notice shall be provided to all abutters in writing at least 72 hours prior to commencement of construction. v. All construction vehicles shall be cleaned prior to leaving the site so that they do not leave direct and/or debris on surrounding roadways as they leave the site. vi. 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. vii. All construction vehicles left overnight at the site must be completely located on the site. viii. A Construction Management Plan and Construction Schedule shall be submitted by the applicant to the Building Inspector for review and approval prior to the issuance of a building permit. Including in this plan, but not limited to, shall be information regarding how equipment will be stores, a description of the construction staging areas and its location in relation to the site, and where the construction employees will pack their vehicles. 16. Construction Traffic c. No construction will occur or be staged within City right of ways. Any deviation from this shall be approved by the Department of Planning & Community Development prior to construction. d. A construction traffic management plan and schedule shall be submitted to the Department of Planning & Community Development for review and approval prior to the start of construction. e. Any roadways, driveways, or sidewalks damaged during construction shall be restored to their original condition by the Owner. f. The Owner shall clean construction vehicles before they exit the construction site, and clean and sweep all streets affected by their construction truck traffic as necessary. 17. Clerk of the Works ---PAGE BREAK--- 266 Canal Street (Map 32, 0038), 282 Canal Street (Map 32, Lot 0037), 286 Canal Street (Map 32, Lot 0036), 282 Rear Canal Street (Map 23, Lot 0144), and 2 Kimball Road (Map 32, Lot 0102) Definitive Subdivision Plan – Form C September 20, 2024 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: a. All utility cut and caps related to the City’s Demolition Permit; b. All new utility installations; c. All connections to, extensions of, or improvements to publicly owned infrastructure both on the Applicant’s site or withing the City’s right of way and any on-site stormwater or wastewater systems; d. All new installations or modifications to existing pavement, sidewalk, and curbing; and e. All conditions placed on the project by an Order of Conditions from the Salem Conservation Commission. b. The Clerk of the Works shall review and approve all proposed, or approved, changes to the original Planning Board decision. 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. Once the construction plan is approved, it 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 an approved task order for the Clerk of the Works’ services has been agreed upon and approved by all parties. 18. As-built Plans a. As-built plans and Street Acceptance 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 final Certificate of Occupancy for the subdivision and/or the acceptance of any streets. b. The As-Built plans shall be submitted to the City Engineer in electronic file format suitable for the City’s use and approved by the City Engineer, prior to the issuance of the final Certificate of Occupancy for the subdivision and/or the acceptance of any streets. 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 final Certificate of Occupancy for the subdivision and/or the acceptance of any streets; as well as, any subsequent requirements by the City Engineer. 19. 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. ---PAGE BREAK--- 266 Canal Street (Map 32, 0038), 282 Canal Street (Map 32, Lot 0037), 286 Canal Street (Map 32, Lot 0036), 282 Rear Canal Street (Map 23, Lot 0144), and 2 Kimball Road (Map 32, Lot 0102) Definitive Subdivision Plan – Form C September 20, 2024 This endorsement shall not take effect until a copy of the decision bearing certification of the City Clerk that twenty (20) days have elapsed and no appeal has been filed or that is 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 or is recorded on the owner’s Certificate of Title. The fee for recording or registering shall be paid by the owner or applicant. I hereby certify that a copy of this decision and plans are on file with the City Clerk and a copy is on file with the Planning Board. Sincerely, Bill Griset Salem Planning Board