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CITY OF SALEM PLANNING BOARD Amended Decision Planned Unit Development, Drive Through Special Permit, Flood Hazard Overlay District Special Permit, Site Plan Review, and Stormwater Management Permit Decision 132-134 Canal Street, 142 R. Canal Street, and 144 Canal Street (Map 33, Lots 5, 6, and 8) December 19, 2022 Re: Application of SCOTT GROVER f/b/o CANAL STREET WAREHOUSE LLC, CANAL STREET REALTY DEVELOPMENT LLC and CANAL FURNITURE LLC for the properties located at 132-134 Canal Street, 142 R. Canal Street, and 144 Canal Street (Map 33, Lots 5, 6, and 8) in the I and the Entrance Corridor Overlay District in accordance with the following sections of the Salem Zoning Ordinance: Section 7.3 for a Planned Unit Development, Section 9.5 for a Site Plan Review, Section 8.1 for a Flood Hazard Overlay District Special Permit, 8.2 Entrance Corridor Overlay District, Section 6.7 for a Drive-Through Special Permit, and a Stormwater Management Permit in accordance with Salem Code of Ordinances Chapter 37. The applicant is requesting an amendment to a previously approved Decision to remove certain automotive uses from the site and to add 4 new residential units and 3 parking spaces in the area of the building formerly occupied by those uses. Specifically, the applicant proposes to construct 4 residential units in a two-story addition above an existing one-story section of 142 Canal Street, with 3 covered parking spaces located at grade in the renovated one-story section of the building. There will be no expansion of the existing building footprint and no increase in the impervious area. Procedural History 1. An application for a Site Plan Review under Sections 7.3, 8.1, 8.2, 6.7, and 9.5 of the City of Salem Zoning Ordinance was made by Scott Grover f/b/o Canal Street Warehouse LLC, Canal Street Realty Development LLC, and Canal Furniture LLC and filed with the Planning Board November 2, 2022. Note: Applicant has advised property is owned solely by Canal Street Realty Development LLC. 2. The Planning Board of the City of Salem opened the public hearing on Thursday, November 17, 2022. The public hearing was continued to December 1, 2022 (no testimony made), and December 15, 2022. 3. The Planning Board closed the public hearing on December 15, 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. ---PAGE BREAK--- Planning Board Decision 132-134 Canal Street, 142 R. Canal Street, and 144 Canal Street – Amended Decision December 19, 2022 2 Specific Findings: A. The Planning Board hereby makes the following findings pertaining to the City of Salem Zoning Ordinance, Sec. 7.3 Planned Unit Development: 7.3.8.1 The proposed amendment to the planned unit development is in harmony with the purpose and intent this ordinance and the master plan of the City of Salem as this project will add vitality to a major corridor in the city by removing automotive uses from the site and adding 4 new residential units and 3 parking spaces. The project also leverages the improvements made as part of the 2018 approval and the City’s recent improvements to Canal Street by incorporating in new street streetscape and creating a critical connection to the City’s multiuse path which will enhance pedestrian and bicycling accessibility. 7.3.8.2 The planned unit development is designed to provide various types of land use which can be combined in compatible relationship with each other as part of a totally planned development. As proposed, the mixture of residential, commercial and open space as proposed in the 2018 approval is compatible with each other, thereby meeting the purpose and intent of good zoning practices and the master plan of the City of Salem. The compatible relationship among the mixture of uses combined with the inclusion of affordable housing, connection to the City’s the multi-use path, installation of new street trees, bicycle racks, benches, an electronic vehicle charging station, a spot for a car share and a spot for a city provided bike share was determined to be sufficiently advantageous to render it appropriate to depart from the strict provisions of the underlying zoning classifications. The amendment’s addition of residential units continues to contribute to that desirable mixture. 7.3.8.3 The amendment to the planned unit development would not result in a net negative environmental impact, as it does not increase impervious surfaces on site. Further, the mixture of uses promotes walking and cycling. This will result in net improvements to the natural environment. B. The Planning Board hereby makes the following findings pertaining to the City of Salem Zoning Ordinance, Sec. 8.1 Flood Hazard Overlay District Special Permit 8.1.4.1 The underlying district is Industrial, however, the provisions for Planned Unit Development Special Permits, as laid out in Section 7.3 of the Salem Zoning Code, allow the Planning Board to approve a project that is in compliance with the master plan and good zoning practices, while allowing certain desirable departures from the strict provisions of specific zone classifications.” 8.1.4.2 The newly constructed building will be built above the flood elevation. The city streets are below the flood elevation, as such it is unlikely that vehicles would be ---PAGE BREAK--- Planning Board Decision 132-134 Canal Street, 142 R. Canal Street, and 144 Canal Street – Amended Decision December 19, 2022 3 able to leave the site. However, the multiuse path is above the flood elevations. Residents of the building will be able to safely and conveniently exit the site on foot to the multiuse path. Other pedestrians on the site could move to the rear of site and access the rail trail in the event of a flood emergency. Thus, there are 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. 8.1.4.1 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. 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. Decision In view of these findings, the Planning Board decided at a regularly scheduled meeting on December 15, 2022, by a vote of seven (Chair Bill Griset, Kirt Rieder, Zach Caunter, Carole Hamilton, Tom Furey, Jonathan Berk, and Josh Turiel) in favor, and zero opposed to approve the proposed project subject to the following conditions: 1. Original Decision a. All conditions set forth in the original decision dated June 12, 2018, shall remain and be adhered to by the applicant, unless explicitly eliminated or amended in this decision. 2. Conformance with the Plan a. Work shall conform with the sheets listed below (the “Plans”): Drawing Title Sheet No. Prepared By Issued Floorplans A-1 Seger Architects, Inc. 08.30.2022 Exterior Elevations (South and West) A2.1 Seger Architects, Inc. 08.30.2022 Exterior Elevations (North and East) A2.2 Seger Architects, Inc. 08.30.2022 Proposed Section A3 Seger Architects, Inc. 08.30.2022 Proposed Condition Plan C3.1 Williams Sparages 07.01.2022 ---PAGE BREAK--- Planning Board Decision 132-134 Canal Street, 142 R. Canal Street, and 144 Canal Street – Amended Decision December 19, 2022 4 Existing Condition Plan – Roof Runoff C2.1 Williams Sparages 07.01.2022 Existing Condition Plan – Sewer Line C2.1 Williams Sparages 07.01.2022 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. 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. 5. 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. Prior to issuance of a building permit, the developer shall submit a bicycle parking plan to the City Planner for review and approval. The bicycle parking plan shall demonstrate how the project conforms with the City of Salem Bicycle Parking Guidelines. 6. 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. ---PAGE BREAK--- Planning Board Decision 132-134 Canal Street, 142 R. Canal Street, and 144 Canal Street – Amended Decision December 19, 2022 5 7. Affordable Housing a. One housing unit shall be set aside as affordable housing units. The Applicant shall place an Affordable Housing Restriction on this one housing unit in the form acceptable to the Commonwealth Department of Housing and Community Development (DHCD). The restrictions shall be in accordance with the eligibility criteria for DHCD’s Subsidized Housing Inventory for the purpose of ensuring that the one dwelling housing unit will be restricted as affordable housing for households whose annual incomes are sixty percent (60%) or less of Area Median Income (“Low Income Households”) with a sales or rental price affordable to said households as determined by DHCD for a period of ninety-nine (99) years from the date of the original conveyance. The Affordable Housing Restriction(s) shall be registered with the Essex South Registry of Deeds. b. Affordable Housing Units must be constructed and ready for occupancy at a proportion of one affordable unit for every two certificates of occupancy released for the market rate units. Ready for occupancy means that 1. The affordable units have a certificate of occupancy, 2. The draft regulatory agreement has been submitted to the City and, 3. The applicant demonstrates to the City Planner that the Affordable Housing Restriction process is substantially completed pursuant to the DHCD Comprehensive Permit Guidelines. 8. City Engineer & Utilities a. All work shall comply with the requirements of the City Engineer. 9. Demolition Plan a. Applicant shall provide a demolition plan identifying buildings, pavements and utilities to be removed, demolished and or abandoned including water, sewer, drain, gas, and other utilities to be capped or abandoned onsite at the main in the City streets as required by the City Engineer. 10. 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. 11. Clerk of the Works a. A Clerk of the Works shall be provided by the City, at the expense of the Applicant, their successors or assigns, as it is deemed necessary by the City Engineer. Accordingly, it is the understanding of the Board, the City Planner, the City Engineer, and the Applicant, that the Clerk of the Works is expected to oversee and review all civil and site improvements related to the Project, including, but not necessarily limited to: i. All utility cut and caps related to the City’s Demolition Permit; ---PAGE BREAK--- Planning Board Decision 132-134 Canal Street, 142 R. Canal Street, and 144 Canal Street – Amended Decision December 19, 2022 6 ii. All new utility installations; iii. 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; 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 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. 12. Construction Practices a. All construction shall be carried out in accordance with the following conditions: i. All provisions in the City of Salem’s Code of Ordinance, Chapter 22, Noise Control, shall be strictly adhered to. ii. All reasonable action shall be taken to minimize the negative effects of construction on abutters. Advance notice shall be provided to all abutters in writing at least 72 hours prior to commencement of demolition and construction of the project. iii. Drilling and blasting shall be limited to Monday-Friday between 8:00 AM until 5:00 PM. There shall be no drilling, blasting or rock hammering on Saturdays, Sundays, or state and federal holidays. Blasting shall be undertaken in accordance with all local and state regulations. iv. All construction and staging will occur on site. No construction will occur or be staged within City right of way. Any deviation from this shall be approved by the Department of Planning & Community Development prior to construction. v. Prior to issuance of a demolition, foundation, or building permit, the Applicant shall provide a detailed construction vehicle access, schedule, and traffic plan for review and approval by the Director of Traffic & Parking vi. Any roadways, driveways, sidewalks, or landscaping damaged during construction shall be restored to their original condition by the applicant. vii. All construction vehicles shall be cleaned prior to leaving the site so that they do not leave dirt and/or debris on surrounding roadways as they leave the site. viii. All construction shall be performed in accordance with the Rules and Regulations of the Planning Board, and in accordance with any and all rules, regulations and ordinances of the City of Salem. ---PAGE BREAK--- Planning Board Decision 132-134 Canal Street, 142 R. Canal Street, and 144 Canal Street – Amended Decision December 19, 2022 7 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 notify the Board of Health of any environmental condition encountered during construction that may adversely impact the abutters to the site. 13. As-built Plans a. As-built Plans, stamped by a Registered Professional Engineer, shall be reviewed and approved 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 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. 14. 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 seven in favor and zero opposed to approve the Site Plan Review application subject to the above-stated terms and conditions: Chair Bill Griset, Kirt Rieder, Zach Caunter, Carole Hamilton, Tom Furey, Jonathan Berk, and Josh Turiel. 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 and Special Permits 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