CLARK AVENUE/CHAPEL HILL DECISION 2008 CITY
OF SALEM
_ J
PLANNING BOARD
1ZRT ,k+%'13
March 3, 2008
Decision -Clark
aFAvenue/Chapel
orm G-Definitive Subdivision and Cluster Development
lopment Special Permit
Chapel Hill, LLC
532 Lowell Street
Peabody, MA 01960
Re: Chapel Hill- Clark Avenue (Map 6, Lots 7, 8, 9)
On November 1, 2007 the Planning Board of the City of Salem (hereinafter referred to as the
"Planning Board" or"the Board") opened a public hearing regarding the application of Chapel I-iijj
LLC(hereinafter referred to as the "Applicant" and/or C►wner ) to allow construction of the
(Chapel Hill Subdivision and associated roadways and utilities. The subdivision contains twenty-five
25) residential lots and one (1) lot zoned residential and industrial.
Though it is not a condition, it is the Planning Board's understanding that Lot 21, zoned residential
and industrial, cannot be developed as an industrial lot with the access from Clark Avenue through
the residentially zoned portion of the lot. This is based on the opinion of the Assistant City
Solicitor,dated October 15, 2007.
It is important to note that the applications, which are the subject of this decision evolved from the
following:
1• A Form B-Preliminary Subdivision Plan Application, which was submitted to the Board
on January 4, 2006 and for which a decision was issued by the Board on April 21, 2006.
The preliminary,subdivision plan was a cluster,and this approval directed the Owner to
pursue a Cluster Residential Special Pernut.
2. A Form GDefinitive Subdivision Plan and Cluster Residential Development Special
Permit Application to allow construction of the Chapel Hill Subdivision and associated
roadways and utilities to service the construction of thirty seven (37) single family
dwellings was submitted on July27, 2006 with plans dated June 28,2006. The item was
opened at the Planning Board on September 21, 2
continued to October 19 2 006 and the public hearing was
006, November 17, 2006, December 7, 2006,January 3, 2CC7,
January 18, 2007,February 15, 2007, March 15, 2007, April 5, 2007, and June 21, 2CC7.
3• On June 21, 2007 the Planning Board voted to recommend approval for Zoning
Ordinance Amendment to rezone eight parcels on Clark Avenue (Map 6 a, Parcels 3, 6, 8,
9, 10, 15, 17, and 19) from Industrial to Residential One Family, The City Council
rezoned parcels 4, 6, 10, 15, 17, and 19 but did not rezone parcels 8 and 9, which are a
Portion of the proposed Chapel Hill Subdivision.
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c. 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 Southern
Essex Registry of Deeds.
3. Amendments
Anv modification to the approved plans must receive the prior approval of the Planning Board
unless deemed insignificant by the City Planner. Any waiver of conditions contained within this
decision shall require the approval of the Planning Board.
4. Subdivision Regulations
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.
5. Waivers
In approving the Plans, the Board is hereby granting the following waivers of the Subdivision
Rules and Regulations:
a. Section IV A-Lf Minimum Center Line Radii of Curved Streets is waived to allow
construction and operations of the streets and ways as shown on the Plans; this waiver is
being granted based on a recommendation from the consulting engineer that this does not
negatively impact safety or vehicular circulation.
b. Section IV A.4.a. Maximum Length of Dead-end Streets is waived based on the
requirement for installation of sprinkler systems in the dwellings.
In the judgment of the Board, the granting of the above waivers is in the public interest and
consistent with the intent of the subdivision control law.
b. Transfer of Ownership
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. Security(Section III(B)(5) of the Subdivision Regulations)
Prior to the release of any lots for sale or building, the Planning Board shall require that an
acceptable form of surety is posted along with a proposed schedule of releases. If partial release
of surety is to be requested, the Planning Board may, at its discretion, require deposits to be
broken down in amounts of anticipated requests for release. The applicant agrees to complete
the required improvements in accordance with Section V of the Subdivision Regulations for the
subdivision. Such construction and installation is to be secured by one and/or in part by the
other of the following methods which may from time to time be varied by the applicant with the
reasonable approval of the Planning Board:
a. Endorsement of approval with covenant
The Owner shall file a covenant, prior to endorsement by the Planning Board, executed
and to be duly recorded with the Subdivision Plans by the owner of record, which
instrument shall with the land, and shall state that such ways and services shown on the
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passive, non-motorized recreation and shall empower the City at its discretion, to make
improvements to the trail system.
The open space shall be opened for public use upon the issuance of the Certificate of
Occupancy for the final dwelling or at such an earlier time as mutually agreed to by the applicant
and the Board.
10. Salem Conservation Commission
a. All work shall comply with the requirements of Order of Conditions #64-434 issued
by the Salem Conservation Commission.
b. The applicant shall receive all necessary approvals from the Salem Conservation
Commission prior to commencement of any work
11. Trails
Prior to the release of the final Certificate of Occupancy,the trail for the open space will be laid
out, flagged and completed by the Owner. Trail segments will be cleared by manual cutting of
brush and tree saplings to facilitate passage. All materials cut or cleared shall be chipped and left
in place. No earthmoving, grading or mowing will occur. Small brush will be cut and dispersed
into the underbrush for wildlife habitat value. No tracked vehicles or mechanical egtupment
(other than chippers,clippers, loppers,and small chain saws for the clearing) will be employed.
12. Trail Signage
Signage identifying the open space area is to be installed at the trailheads. Sign design and
proposed location shall be submitted for approval to the City Planner prior to installation.
Standard trail marking metal tags,used by the Conservation Commission,shall be placed on
trees at eye height,and where trees are not present, on wooden posts or stakes at least three (3)
feet high along the trail at appropriate intervals.
13.Sewer
The applicant shall perform an infiltration and inflow identification and removal program for the
approximate 2,700 linear foot sewer system to which the proposed subdivision shall discharge
sewage. The program shall be completed and flows removed to the satisfaction of the City
Engineer prior to the issuance of any certificates of occupancy. All pipes collecting sewage flow
and discharging to the Highland Avenue pump station shall be included in the program The
program shall be performed in strict compliance with the latest Guidelines for Infiltration/Inflow
Analyses and Sewer System Evaluation Survey, Revised January, 1993. No such work shall
commence without fast meeting with the City Engineer to review the scope of work All reports
and summaries of work completed shall be reviewed by the City Engineer prior to the start of the
next phase of work starting (phases are outlined in the Guidelines). It is expected that the
applicant will remove all extraneous infiltration and inflow that is cost effective to remove up to
an amount not to exceed a cost of$100,000. The amount of flow removed shall not be less than
the amount of flow to be added by the proposed subdivision.
14.Infrastnrcture Improvements
a. The applicant shall complete drainage improvements at the intersection of Clark Street
and Clark Avenue as depicted on the plan entitled "Clark Street Drainage
Improvements",dated "January 9,2008", revised February 13, 2008. The drainage
improvements shall be completed to the satisfaction of the City Engineer, including
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d. The applicant mill purchase and mount a mirror on the existing utility pole near the
bend on the existing section of Clark Avenue. The type of mirror and its location
must be approved by the Oty's Police Safety Officer.
e. The applicant shall contribute $5,000 to the Gty-to be used for the removal of a
certain rock and realigning the fence impeding sight distance on Clark Avenue.
f. If a line of sight easement is granted to the City by the property owner of 1 Clark
Avenue, the applicant shall prepare a plan showing the easement area to accompany
easement documents prepared by the GtySolicitor's Office.
16.Additional Special Conditions
a. Sprinklers are to be designed and installed in accordance with NFPA 13D standards
for the Installation of Sprinkler Systems in One and Two Family Dwellings and
Manufactured homes as required by the Salem Fire Department.
b. Retaining walls shall be constructed in compliance with the Massachusetts State
Building Code CMR780.
c. The following fences shall be shown on the plans prior to endorsement and installed
prior to the issuance of any certificates of occupancy:
i. A four(4) foot tall black chain link fence is to be installed on the top of the
slope/retaining wall on Lots 2 through 8 and Lots 18 through 20.
I A six foot tall wood stockade fence is to be installed on the property of 13
Clark Avenue on two sides: the side nearest to the subdivision entrance,and
the rear. The fence would be along courses 556-31-OOW 130 feet, and S33-
29-OOE 134.47 feet.
iii. A four foot tall slatted chain link fence shall be installed at the back of the
sidewalk section of the retaining wall in the layout of Clark Avenue (adjacent
to 21 dark Avenue). The fence will be installed from Station 0 +93 20 feet
right to Station 1 +84 20 feet right.
d. When the roadway into the subdivision is constructed,all trees removed from the
row of arborvitae along the edge of 21 Clark Avenue are to be transplanted to the
back of the existing row,or the same number of new trees of the same species and
height shall be planted at the back of the existing row. This work will only be done
provided permission is granted by the owner of 21 Clark Avenue and the execution
of a release of liability is granted to the applicant and executed by the owner of 21
Clark Avenue. Any new trees planted shall be at least the height of the shortest tree
in the row and no taller than the tallest tree. The developer shall guarantee the
survival of the trees for a period of one year.
e. Prior to the issuance of any certificates of occupancy three (3) boulders will be added
4Lto the Gty Conservation land at the end of Clark Avenue to prevent passage if
agreed upon by the Salem Conservation Commission.
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e. The developer will give the Health Agent a copy of the 2 1 E report.
f. The developer shall adhere to a drainage plan as approved by the City Engineer.
g. 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
externunator's invoice to the Health Agent.
h. The developer shall maintain the area free from rodents throughout construction.
i. The developer shall submit to the Health Agent a written plan for dust control and
street sweeping which will occur during construction.
j. 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.
k. The Fire Department must approve the plan regarding access for fire fighting.
1. 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.
m. The developer shall disclose in writing to the Health Agent the origin.of any fill
material needed for the project.
n. The resultant establishment shall dispose of all waste materials resulting from its
operation in an environmentally sound manner as described by the Board of health.
o. The drainage system for this project must be reviewed and approved by the
Northeast Mosquito Control and Wetlands Management District.
p. The developer shall notify the Health Agent when the project is complete for final
inspection and confirmation that above conditions have been met.
25. Pre-Construction Conference
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 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.
26. Construction Practices
All construction shall be carved out in accordance with the following conditions:
a. The operation of tools or equipment used in construction or demolition work shall
occur in accordance with Salem Ordinance Section 22-2 5 : Construction and
Blasting and between the hours of 8:00 AM and 5:00 PM on weekdays and
Saturdays. No work shall take place on Sundays or holidays. The Planning Board
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29. Progress Reports
Upon the request of the Planning Board, the owner shall submit reports of the progress
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subdivision's completion. I,,��
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30. Clerk of the Works CITY CLE a, _ .;.L-M. - SS
The services of a consultant to serve as a Clerk of the Works shall be provided by the Gty,at the
expense of the applicant, his successors or assigns as is deemed necessary by the City Planner.
31.Utilities
Any utility installation for housing lots shall be reviewed and approved by the City Engineer
prior to the issuance of a Building Permit. All utilities shall be installed underground.
32. As-built Plans & Street Acceptance Plans
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.
The As-Built plans shall be submitted to the Gty Engineer in electronic file format suitable for
the Cin/s use and approved by the Gty Engineer,prior to the issuance of the final Certificate of
Occupancy for the subdivision and/or the acceptance of any streets.
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 Gty Engineer prior to the
issuance of the final Gertificate of Occupancy for the subdivision and/or the acceptance of any
streets;as well as,any subsequent requirements by the Gty Engineer.
33. Violations
Violations of any condition shall result in revocation of this permit by the Planning Board,
unless the violation of such condition is cured within fourteen (14) days,or waived by a majority
vote of the Planning Board.
I certify that a copy of this decision and plans has been filed with the Gry Clerk and copies are on
file with the Board. The decision 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 or is recorded on the
Owners Certificate of Title if Registered Land. The owner or applicant, his successors or assigns,
shall pay the fee for recording or registering. OXWO
Charles Puleo
Chairman
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