Full Text
Amended Decision Site Plan Review and Planned Unit Development Special Permit Decision 65 Washington Street (Map 35, Lot 600) March 3, 2023 Re: Application of 65 WASHINGTON STREET, LLC for the property located at 65 Washington Street Salem, MA (Map 35, Lot 600) for an amendment to a Planned Unit Development Special Permit and a Site Plan Review in accordance with the Salem Zoning Ordinance sections 7.3 Planned Unit Development and 9.5 Site Plan Review. Specifically, the applicant proposes to amend an existing Site Plan Review and Planned Unit Development Special Permit Decision dated April 4, 2018. The applicant proposes to revise the lower garage level of the development and reduce the number of parking spaces from 61 to 59 spaces. No changes are proposed to the exterior of the development. Procedural History 1. An application for an amendment the applicant proposes to amend an existing Planned Unit Development Special Permit and Site Plan Review decision dated April 4, 2018, was filed with Planning Board on January 25, 2023. The applicant proposes to revise the lower garage level of the development and reduce the number of parking spaces from 61 to 59 spaces. No changes are proposed to the exterior of the development. 2. The Planning Board of the City of Salem opened a Public Hearing for the amendment to Site Plan Review and Planned Unit Development Special Permit on Thursday, February 16, 2023. The public hearing was closed on February 16, 2023. Discussion of the decision was continued to March 2, 2023. 3. Throughout the public hearings, 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. Specific Findings: The Planning Board, after a public hearing and review of submitted materials and testimony, hereby finds that the proposed project meets the provisions of the City of Salem Zoning Ordinance, Sec. 7.3 Planned Unit Development, Sec. 9.5 Site Plan Review as follows: CITY OF SALEM PLANNING BOARD ---PAGE BREAK--- Amended Planning Board Decision 65 Washington Street March 3, 2023 2 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. Planned Unit Development Findings The Planning Board hereby makes the following findings pertaining to the Planned Unit Development Special Permit application: 7.3.8.1 The proposed 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 the downtown, provide a mix of residential units and commercial spaces, improve the streetscape, improve pedestrian accessibility, and generate tax revenue for the City. 7.3.8.2 The mixture of uses in the planned unit development is determined to be sufficiently advantageous to render it appropriate to depart from the normal requirements of the district. Specifically, this is a significant mixed-use development of approximately 110,115 square feet that will greatly enhance this section of the downtown. The mix of housing, including six affordable units, the commercial use, and the open space with public art will add to the vibrancy, vitality, and aesthetics of downtown, providing substantial public benefit. 7.3.8.3 The planned unit development would not result in a net negative environmental impact, based on the information from the Environmental Impact Statement and plans, and the review of the project by the Planning Board’s civil and traffic engineering consultants. The project as amended is in keeping with the findings of the original approval. Decision In view of these findings, the Planning Board decided at a regularly scheduled meeting on March 2, 2023, by a vote of seven (Vice Chair Kirt Rieder, Tom Furey, Helen Sides, Carole Hamilton, Zach Caunter, Jonathan Berk, and Josh Turiel) in favor, zero opposed, and Sarah Tarbet recused, to approve the proposed project subject to the following conditions: 1. Original Decision a. All conditions set forth in the original decision for Planned Unit Development Special Permit and Site Plan Review decision dated April 4, 2018, shall remain in full force and effect, except as modified by the following plans: Drawing Title Sheet No. Prepared By Issued Proposed Garage Changes A1 DMS design, LLC 09.20.2022 ---PAGE BREAK--- Amended Planning Board Decision 65 Washington Street March 3, 2023 3 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. 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: (Vice Chair Kirt Rieder, Tom Furey, Helen Sides, Carole Hamilton, Zach Caunter, 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 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 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. Kirt Rieder Vice Chair, City of Salem Planning Board