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CITY SOLICITOR OPINON ON CHAPEL HILL SUBDIVISION OCTOBER 15, 2007 �,,,v►)I!'q�,` CITY OF SALEM LEGAL DEPARTMENT 93 WASFUNG'rO,N S'MEET•SAL.E m,MAssikc►L5E"rn 01970 TLL:978-745-9595 ♦Fwc:978-744-1279 KlSIl3ERLEr DR►SCLAL EiizikBF.'ai RENNARD,ESQ. JER UD MUSEIL%,Esc?. I CT[Y SOLIMOR ASST.d"IY SOLI[7TOR To: Elizabeth Rennard, city solicitor From: Jerald Parisella, assistant city solicitor RE: Chapel Hill subdivision October 15, 2007 You have requested an opinion regarding the proposed subdivision located at "Chapel Hill."The issues you would like reviewed are: (1)Whether access may be denied to a portion of the land in question because it is zoned industrial and access would have to be gained through a residential zone, (2)if access is denied is this a taking, and (3)whether upcoming meetings have to be advertised. The facts as I understand them are that the Planning Board is reviewing a proposed 26-lot single family subdivision near Clark Avenue, also known as Chapel Hill. The homes will be constructed in the R-1 district but are being proposed as a cluster development. Adjacent to the R-1 District is land zoned Industrial. It has been represented that access to the Industrial land is only available via the roadways proposed in the subdivision, and that said roadways will be located in the residential district, as shown on Definitive Subdivision Plan Chapel Hill, prepared by Eastern Land Survey Assoc. Inc., dated June 28, 2006 as revised on June 11, 2007 and August 20, 2007. The Planning Board has had several meetings regarding this subdivision and advertised its first meeting as required by M.G.L. c. 41 section 81T. The caselaw makes it clear that access to a use is an extension of such use. Beale v. Plannin Board of Rockland, 423 Mass. 690(1996), holding that access to a retail shopping center was a retail use and not permitted in a district zoned industrial. Chelmsford v. ByMe, 6 Mass.App.Ct- 848 (1978), injunction barring use of residential land in Chelmsford for access to industrial land in Lowell. See also Buildin Ins ector of Dennis v. Hame , 2 Mass.App.Ct. 584 (1974), use of a portion of defendant's land that lies in residential zone to access commercial use not permitted by town's bylaw. It appears that this limitation applies to private ways or ways not accepted as public streets. I was not able to find a case squarely on point, but the SJC seemed to state that zoning restrictions should not apply to publicly accepted ways. "Although a municipality is subject to its own zoning regulations ... we know of no authority for the proposition that a public way, laid out by municipal action, pursuant to statute, may be used only for purposes which are permitted in the zoning district in which the public way lies. The adoption of such a rule at this time would be both surprising and disruptive throughout the Commonwealth. If the issue were before us squarely, we would rule that the use of a public way is not restricted by local zoning provisions." Harrison v. Textron, 367 Mass. 540 (1975). A way does not become a public way unless it has become public by one of three ways: 1. A laying out by public authority in the manner prescribed by statute (see M.G.L. c. 82); 2. By prescription; 3. prior to 1846 by dedication and acceptance. Fenn v. Town of Middleborough, 7 Mass.App.Ct. 80 (1979). Approval by the Planning Board of a subdivision does not mean that the ways in the subdivision become public ways. The principal purpose of the Subdivision Control Law is to protect the health and welfare of the community `by regulating the laying out and construction of ways in subdivisions providing access to the several lots therein,but which have not become public ways, and ensuring sanitary conditions in subdivisions and in proper cases parks and open areas' (emphasis supplied). s 81M. The Subdivision Control Law may thus be exercised only when new ways required to serve the subdivided lots themselves are required. The suggestion that the planning board's approval of the way under the statute vests some rights to use it in the plaintiffs whose lot was not within the subdivision finds no support in the statute, whose principal object is to ensure sufficient access to the lots within the subdivision and to provide them with municipal services. Such subdivision plans ... indicate no more than that the ways shown adequately ensure that the lots within the subdivision are sufficiently accessible so that they can be provided with municipal and other services. The Subdivision Control Law provides no authorization or implication that such approval vests any interest in these ways in the public. Dolan v. Board of Appeals of Chatham, 359 Mass. 699(1971). It should be noted that the public ways should also be adequate to ensure safe and proper access. As noted in M.G.L. c. 41 sec. 81M, the purposes of the subdivision control law include protecting the safety, convenience and welfare of the inhabitants of the city and ensuring that access and ways in the subdivision will be safe and convenient for travel and lessen congestion in the ways of the subdivision and adjacent public ways. The Planning Board also can ensure proper coordination with the proposed ways in the subdivision with other public ways in the city and in neighboring subdivisions. See Beale v. PlanningBoard of Rockland. Because the plan proposed utilizes a way in the residential district to gain access to a lot in the industrial district, it is my opinion that the Planning Board may deny the plan as presented. I also believe that the Board can take into account the quality of access in and around the subdivision in determining if the plan should be approved. The second issue is whether a taking would occur if access to the Industrial-zoned land was denied. It has been represented to me that the only access to the industrial land (shown as lot 27 on Definitive Subdivision Plan Chapel Hill,by Eastern Land Surveyors, dated June 28, 2006 and revised on June 11, 2007 and August 20, 2007) is via the ways shown on the plan. The courts in Massachusetts have generally divided takings claims into "facial challenges"or"as applied"challenges. In a facial challenge the landowner must assert that the regulation leaves no reasonable use of the property. In an as applied challenge, the landowner must assert that a zoning provision, though valid generally, is unconstitutional as applied to a particular parcel when due to the peculiarities of the parcel, application of the by-law is unnecessary to accomplish the public purpose for which the ordinance was intended. First the courts will determine if the regulation serves a valid public purpose. If it does, then the court will look to see if the regulation deprives the plaintiffs land of all practical value to them or to anyone acquiring it, leaving them only with the burden of paying taxes on it. See Brobrowski, Handbook of Massachusetts Land Use and Planning section 2.05(c), citations omitted. In Beale v Plannin Board of Rockland,the SJC did note that in"the absence of an invalid purpose, courts have upheld restrictions on use in one zone even when the restrictions make access to property in another zone a physical impossibility." Turning to the issue of advertising(or re-advertising) the Planning Board meeting, it does not appear that this is necessary. Before approving a subdivision plan, the Planning Board must follow the requirements of M.G.L. c. 41 sec. 81T, which requires a public hearing. Notice of the public hearing must be given by advertisement in a newspaper of general circulation in the city and mailing a copy of the advertisement to abutters. I have been informed that this was done at the initial hearing for this project in October of 2006 and that the matter has been continued on various occasions as a result of various comments from city boards and officials and because a zoning change was required. As long as each meeting was continued with notice of the upcoming meeting(and the meetings are posted pursuant to the Open Meeting law), then I believe the notice requirements have been met. y 1 *1 t Covenant Know all men by these presents that whereas Chapel Hill, LLC (the "Applicant") has submitted an application dated November 1, 2007, to the Salem Planning Board for the approval of a Definitive Subdivision Plan and Wetlands District Special Permit and Cluster Residential Special Permit ("Application") for of a certain subdivision entitled "Definitive Subdivision and Cluster Residential Development Special Permit Salem, MA," prepared by Eastern Land Survey Associates, Inc. dated June 28, 2006, last revised March 13, 2008, ("Plan") as revised, and has requested the Board to approve such Plan without requiring a performance bond. NOW, THEREFORE, WITNESSETH that in consideration of the Salem Planning Board approving said plan without requiring a performance bond, and in consideration of one dollar in hand paid, the receipt of which is hereby acknowledged, the undersigned covenants and agrees with the City of Salem as follows: 1. The subdivision and its construction shall comply in all respects to the City of Salem "Rules and Regulations Governing the Subdivision of Land in the City of Salem," filed September 24, 1975, as amended through January 20, 2005 and with the Planning Board Decision dated March 3, 2008, and recorded herewith. 2. No corrections, additions, substitutions, alterations, or changes shall be made to any plans approved by the Planning Board without Planning Board written approval. 3. The Applicant will not sell any lot in the subdivision, other than by mortgage deed, or erect or place any permanent building on any such lot until the infrastructure work on the ground and in the field necessary to serve adequately such lot has been completed in the manner specified in the aforesaid Application, Plan, and Decision and in accordance with the covenants, conditions, agreements, terms and provisions thereof. The foregoing shall not be deemed to prohibit or restrict construction of any of the improvements or structures associated with drainage or other municipal service systems shown on the said plans either on the site or off site. 4. This agreement shall be binding upon and inure to the benefit of the executors, administrators, devisees, heirs, successors and assigns of the Applicant. c 5. It is the intention of the undersigned and it is hereby understood and agreed that this contract shall constitute a covenant running with the land included in the aforesaid subdivision and shall operate as a restriction upon said land, and that the Covenant shall be recorded with the Plan in the Essex South District Registry of Deeds. 6. It is understood and agreed that lots within said subdivision shall be respectively released from the foregoing covenant upon the receipt by the Planning Board of a proper bond or deposit money, negotiable securities, the assignment of a bankbook deposit, or suitable third party agreement sufficient, in the opinion of the Planning Board, to secure performance of the construction of ways and the installation of municipal services required for lots in the subdivision shown on said Plan. It is understood and agreed that no security will be released, partially or fully, by the Planning Board until such time as the work required by the Planning Board is completed. 7. The undersigned represents and covenants that the undersigned is the owner in fee simple of all the land included in the aforesaid subdivision and that there are no mortgages of record or otherwise on any portion of the said land. 8. Nothing herein shall be deemed to prohibit conveyance by a single deed of the entire premises shown on Plan or of all of the lots therein not previously released by the Board. 9. Notwithstanding any provision herein to the contrary, a mortgagee who acquires title to any lot by foreclosure or otherwise and any owner of such lot taking title through such mortgagee may convey the lot prior to the construction of the portion of the improvements necessary to serve the lot but subject to the restriction that no permanent building shall be constructed on the lot until such portion of the improvements has been completed. 10. All notices and other communications required or permitted hereunder shall be in writing and mailed postage prepaid by registered or certified mail, or delivered by hand, in the case the Applicant, to: Chapel Hill, LLC 532 Lowell Street Peabody, MA 01960 and in the case of the Planning Board to: City of Salem Planning Board 120 Washington Street Salem, MA 01970 or in the case of any party to such other address as shall be designated by written notice given to the other parties. Any such notice or communication shall be deemed given, if mailed as aforesaid, when deposited with the U.S. Postal Service. EXECUTED under seal as of the day of , 2008. CHAP H , LLC v Y: Georg . Belleau, Manager COMMONWEALTH OF MASSACHUSETTS Essex, ss. On this day of , 2008, before me, the undersigned notary public, personally appeated George D. Belleau, Manager, proved to me through satisfactory evidence of identification, i.e., a Massachusetts driver's license, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntari r its s purpose_ otary lic "Y "nmission'�./i.— /C APPR AND ACCEPTED: SA EM P NNING B D ZOf�j bsa 'X.L'IIax 1HOr 6OZT929L6 ZV3 OZ:9T 900Z/C0/%0 COMMONWEALTH OF MASSACHUSETTS Essex, ss. On this day of , 2008, before me, the undersigned notary public, personally appeared ,L-n Ka,,mA I, ,and roved to me thro gh satisfactory evidence of identification, i.e., a Massachuse s driver's licenses, to be the persons whose names are signed on the preceding or attached document, and acknowledged to me that they each signed it voluntaril or it stated purpose. Notary P lic My co ission expires: ri� LX, Zo;2 FPANK iA04—INNA 1 Netary Public �aa�i'011*ealtll of Massachusetts nmission Expires April 27,2012 F:lzzzzzlBELLEAU,GEORGEICOVENANT ChapelHili\COVENANT ChapelHill.doc;rev'd4/2/2008 11:46 AM CITY OF SALEM PLANNING BOARD 1 �� 1�arR -3 P 3: 4 r r March 3, Cos `-+--- �• - ._... ., ,,. Decision -Clark Avenue/Chapel Hill Form C--Definitive Subdivision and Cluster Residential Development Special Permit Chapel bill, LLC 532 Lowell Street Peabody, MA 01960 Re: Chapel Hill- (lark 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 Hill LLC(hereinafter referred to as the "Applicant" and/or"Owner") 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 Permit. 2. A Form C Definitive Subdivision Plan and Cluster Residential Development Special Permit Application to allow construction of the Chapel Bill Subdivision and associated roadways and utilities to service the construction of thirty seven (37) single family dwellings was submitted on July 27,2006 with plans dated June 28, 2006. The item was opened at the Planning Board on September 21, 2006 and the public hearing was continued to October 19, 2006, November 17, 2006,December 7, 2006,January 4, 2CC7, January 18, 2007, February 15, 2CC7,March 15, 2007, April 5, 2007, and June 21, 2007. 3. On June 21,2C07 the Planning Board voted to recommend approval for a Zoning Ordinance Amendment to rezone eight parcels on Clark Avenue (Map 6, Parcels 4, 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. 1 _'U %V 7 1;; O-i195 F .Y: 1r':�i i �1.) IiFU'1 • '.l'.1'•.C. .11i `.I. '•1 4. A revised single cluster plan (revision dated June 11, 2007) was submitted on June 27, 2007 depicting 27 lots (accounting for the lots which were not rezoned). The public hearing was continued to July 19, 2007. The single cluster plan was further revised (August 20, 2007) to add additional details and the public hearing was continued to September 6, 2007. The initial application with all its revisions was voluntarily withdrawn without prejudice, by the Applicant on October 9, 2007 to rectify a potential issue of constructive approval due to the action of the Board in April of 2007 with regard to continuance. A new application was submitted on October 9,2007, followed by revised plans (dated October 26,2007) which removed Jennifer Circle. This item was again opened at the Planning Board on November 1,2007 and the public hearing was continued to December 6,2007, December 20,2007,January 17, 2008, February 7,2008, and February 21, 2008. 5. It is important to note that all written materials, information, studies,peer reviews and any and all other correspondence involved in these applications were accepted as part of the record for the applications for which this decision is issued. At the regularly scheduled Planning Board meeting on February 21,2008 the public hearing was closed and the Board voted by a vote of six (6) in favor(Puleo,Power,Collins,Ready,Kavanaugh,Hanscom) and none (0) opposed, to approve the Form GDefinitive Subdivision and Cluster Residential Development Special Permit. Furthermore the Board finds that all standards for the issuance of a Special Permit have been met by the Owner and that the Plan is in harmony with the purpose and intent of the Zoning Ordinance to protect and promote the health,safety,convenience and general welfare of the inhabitants of the city and will not result in a net negative environmental impact. The Board finds that the subdivision meets the purposes of cluster residential development because it promotes the more efficient use of land in harmony with existing natural features. The Board recognized that the building lots created and the buildings to be constructed thereon may have dimensional controls and density regulations varying from those otherwise permitted by the ordinance or by-law and the approvals are subject to the following conditions and waivers and/or relief: 1. Conformance with the Plan Work shall conform with the plans entitled, "Definitive Subdivision Plan Chapel Hill Salem Massachusetts prepared by Eastern Land Survey Associates, Inc., 104 Lowell Street, Peabody, MA, 01960,dated June 28,2006,and revised June 11, 2007, August 20, 2007 and October 26, 2007. 2. Endorsement of the Plans 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. Prior to endorsement of the plans, the following items must be submitted for approval by the Planning Board: a. A Covenant to secure the construction of ways and installation of municipal services, including required description of mortgages and assents of mortgagees. b. Acceptable form of grants of easements, if applicable. 2 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. 6. 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 3 approved plans shall be provided to serve any and all lots before any lot may be built upon or conveyed, other than by mortgage deed; and/or b. Endorsement of approval with bonds, surety or tri-party agreement The Owner shall either file a performance bond, a deposit of money or negotiable securities, or a tri-party agreement in an amount determined by the Board to be sufficient to cover the cost of all or anyone phase of the sub-division of the improvements. Surety, if filed or deposited,shall be approved as to form and manner of execution by the City Solicitor and, as to sureties by the City Treasurer, and shall be contingent on the construction of the roadway through binder course. The amount of the surety shall be reasonably determined by the City of Salem Engineering Department and shall include an additional 10% to cover the cost of inflation or maintenance for eighteen (18) months after completion of the phase and release of surety. The Owner may file a covenant to secure the construction of ways and services for the entire sub-division and said covenant may be partially released for phases of the sub- division by bond,surety or tri-party agreement being filed for any phase or phases of the subdivision by execution of a recordable instrument so stating by the Planning Board. c. Timef-ame The construction of all ways and the installation of all required municipal services shall be completed within 18 months from the date of receipt of bond or surety by the Board or within two years of the date of approval of the Definitive Plan, whichever is earlier. Failure to do so shall automatically rescind approval, unless an extension is granted by the Planning Board. 8. Homeowner's Association a. Draft Home Owners Association or Home Owner's Trust Documents shall be submitted to the Department of Planning and Community Development, for reasonable review as to form and content prior to the issuance of any Certificates of Occupancy for the proposed dwellings. These documents shall include the following responsibilities: i. Ownership and/or maintenance of the storm water management system; ii. Ownership and/or maintenance of the trail system and open space iii. Ownership and/or maintenance of any walls located in the subdivision that are not situated on the lots in the sub-division. b. The City of Salem reserves the right to enforce the responsibilities and requirements of the Homeowner's Association documents. 9. Open Space Open Space as shown on the Plans and consisting of approximately 3.875 acres shall be perpetually preserved as open space. The Open Space shall be placed in a corporation or trust owned or to be owned by the owners of lots within the subdivision with provisions for limited easements for recreational use by residents of the City of Salem; provided that such ownership shall vest in the Board sufficient rights to enforce compliance with restrictions imposed by the Board as a condition of its Cluster Special Permit. The easement documents shall allow for + 4 b F 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 equipment (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 Gty 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 anycertificates 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 first 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 dark 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 Gty Engineer, including 5 temporary pavement of the trenches, within 30-days of work starting on the proposed subdivision site. In any event, no building permits will be issued prior to completion of these.drainage improvements. Temporary paving shall remain and be maintained by the applicant, until the proposed subdivision is determined to be substantially complete by the City Engineer, at which time the applicant shall provide a full width pavement replacement program to the following limits from the center of the Clark Street/Clark Avenue Intersection: 240 feet easterly towards Barnes Road,and 30 feet westerly towards Highland Avenue. b. The pavement replacement program applied to Clark Street shall consist of grinding and removing no less than 4 inches of the existing pavement, from curb to curb, and replacement with 2-inches (or more if necessary) of binder and 2-inches of top pavement mix approved by the City Engineer. Final grading of the top mix shall promote stormwater conveyance to the newly installed and existing drainage facilities on Clark Street and not cause any issues with existing driveways. The pavement replacement program must be completed and approved by the City Engineer prior to the issuance of any certificates of occupancy. c. On Clark Avenue from the Clark Street/Clark Avenue intersection southerly to the existing vertical granite curbing, the applicant has agreed to patch all deficiencies and overlay with 2-inches of new pavement. This shall occur when the subdivision is deemed to be substantially complete by the City E ngineer. d. If deemed necessary, prior to beginning drainage improvement work the applicant shall file a Request for Determination of Applicability with the Salem Conservation Commission and a Notice of Intent. 15. Safety Improvements The following safety improvements shall be completed prior to the issuance of any certificates of occupancy. a. Following a recommendation from the Traffic Impact Assessment prepared by Abend Associates,the applicant has agreed voluntarily to provide signage and striping at the intersections of all streets in the neighborhood. Following a recommendation from the Peer Review Engineer,the applicant has also agreed to paint a center line on a portion of existing Clark Avenue to guide motorists through the bend. The striping and signage shall be installed as shown on the "Traffic Improvement Plan",dated February 13, 2008, prepared by Eastern Land Survey Associates. b. The applicant has agreed to paint a crosswalk which will lead from the end of the sidewalk on the northeasterly side of Clark Avenue to the sidewalk on the southwesterly side of Clark Avenue (which continues to the intersection with Clark Street). The exact location shall be approved by the Oty's Police Safety Officer. c. The applicant has agreed to install vertical granite curbing along the existing bituminous concrete sidewalk at the northerly end of Clark Avenue from the end of the existing granite curbing on Clark Avenue northerly to the intersection of(lark 4) Avenue and Clark Street; the applicant shall also repair the sidewalk as needed. 6 d. The applicant will purchase and mount a mirror on the existing utility pole near the bend on the existing section of Clark Avenue. The ripe of mirror and its location must be approved by-the GWs Police Safety-Officer. e. The applicant shall contribute $5,000 to the City 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 City Solicitor'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 CvIR780. 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. ii. 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 S56-31-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 Clark 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 )rar. e. Prior to the issuance of any certificates of occupancy three (3) boulders will be added to the City Conservation land at the end of Clark Avenue to prevent passage if agreed upon by the Salem Conservation Commission. 7 17. Sidewalks The applicant shall install bituminous concrete sidewalks with vertical granite curbing throughout the subdivision, according to the approved plans. Prior to endorsement the plans shall be revised to remove details of sloped granite. 18. Street Trees The species of street trees depicted on Sheets #5 and 13 of the plans is to be determined by the City's Director of Public Services and be a minimum of 3 !h caliper DBH(diameter at breast height). 19. Lighting a. The Owner shall coordinate with the electric company and the City Electrician regarding the installation of street lighting within the Subdivision. b. The street lighting shall be the responsibility of the Owner until such time as the City accepts the streets. c. A final lighting plan shall be submitted to the City Planner and the City Electrician for review and approval prior to the issuance of any building permits for the proposed dwelling units: 20. Office of the Building Commissioner All work shall comply with the requirements of the office of the Salem Building Commissioner as affected by this decision. 21.0ffice of the City Engineer The applicant, his successors or assigns shall comply with all requirements of the City Engineer 22. Fire Department All work shall comply with the requirements of the Salem Fire Department as affected by this decision. 23. Health Department All work shall comply with the general requirements of the Salem Health Department as affected by this decision. 24. Board of Health (BOH) The Owner shall comply with the following specific conditions issued by the Board of Health: a. 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. b. 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 the DEP standards for the proposed tue. c. A radon remediation kit is installed and is operational in each dwelling. d. A radon test is conducted following installation and operation of the remediation kit. The results must be given to the purchaser of the dwelling. 8 L 1i 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 exterminator'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 carried 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)— onstruction 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 9 will agree to changes in the starting time, at the request of the applicant and if approved by a formal vote of the City Council, as per the ordinance. b. Any blasting, rock crushing,jack hammering, hydraulic blasting, or pile driving shall occur in accordance with Salem Ordinance Section?2- ;-Construction and Blasting.-and be limited to Monday-Friday between the hours of 8:00 AM and 5:00 PM. There shall be no blasting, rock crushing,jack hammering, hydraulic blasting, or pile driving on Saturdays, Sundays, or holidays. c. Blasting shall be undertaken in accordance with all local and state regulations. d. All reasonable action shall be taken to minimize the negative effects of construction on abutters. Advance notice shall be provided by the applicant to all abutters in writing at least 72 hours prior to commencement of construction of the project. e. All construction vehicles and equipment shall be cleaned prior to leaving the site so that they do not leave dirt and/or debris on surrounding roadways as they exit the site. f. The applicant shall abide by any and all applicable rules, regulations and ordinances of the City of Salem. g. All construction vehicles and equipment left overnight at the site must be located completely on the site. h. No Street shall be closed without prior approval of the Department of Planning and Community Development,unless deemed an emergency by the Salem Police Department. 27. Blasting The applicant or argent shall distribute the flyers entitled, "Facts for Massachusetts Property Owners About Blasting" to all abutters within three hundred (300) feet of the blasting area. 28. Construction Traffic a. With the exception of off-site improvements required as part of this decision, all construction will occur on site; 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. b. 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. c. Any roadways, driveways, or sidewalks damaged during construction shall be restored to their original condition by the Owner. d. 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. 10 s 29. Progress Reports Upon the request of the Planning Board, the owner shall subnvt reports of the progress _3 P 3: I13 subdivision's completion. ((��I"UU 30. Clerk of the Works C I F Y !ULE The services of a consultant to serve as a Clerk of the Works shall be provided by the City,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 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. 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. 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 City 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. Charles Puleo Chairman 11 s Attachment to Order of Conditions# 64-434 Page lof 6 SPECIAL CONDITIONS SALEM CONSERVATION COMMISSION DEP FILE #64-434 Chapel Hill Sub-Division:located off Clark Ave City of Salem,Massachusetts ADDITIONAL FINDINGS Based on the Estimated Habitats or Rare Wildlife and Certified Vernal Pools Map (June 1, 2003) from Natural Heritage&Endangered Species Program(NHESP) of the Massachusetts Division of Fisheries and Wildlife, it has been determined that this project does not occur near any habitat of state-listed rare wildlife species nor contains any vernal pools. This Order is issued under the Massachusetts Wetlands Protection Act,M.G.L.Chapter 131,Section 40 and the City of Salem Wetlands Protection Ordinance, Salem Code Chapter 34,Section 34-1 —34-13. This Order permits the construction of 4 detention basins located within the buffer zone of bordering vegetated wetlands located off Clark Avenue in Salem, MA. One detention structure, labeled Basin 1, is also located on the site, however it is located outside of the buffer zone of BVW, and therefore is not within the Conservation Commission's jurisdiction. The construction of the detention basins will require grading work and installation of pipes and drainage infrastructure within the buffer to the BVW. The Conservation Commission approves the construction and installation of the basins as shown on the approved plans, including best management practices proposed to treat stormwater before it enters the bordering vegetated wetlands.-and associated resource areas. The details of the approved basins is as follows: Basin 2 is located just outside of the 100 foot buffer zone to BVW,but the outfall pipe and rip rap is located within the 100 foot buffer. Basin 2 contains a rip rap spreader, a sediment forebay, and outlet which connects to a vegetated swale. Basin 2 is approx. 20 feet by 45 feet at the bottom of the basin. Basin 3 is partially in the 100 foot buffer to BVW,contains two rip rap level spreaders, a sediment forebay, and outlet structure which connects to a vegetated swale. Basin 3 is approx. 100 feet by 40 feet at the bottom of the basin. Basin 4 is entirely within the 100 foot buffer to BVW,contains two rip rap level spreader, sediment forebay, and outlet structure that connects to a vegetated swale which empties into the BVW. Basin 4 is approx. 65 feet by 30 feet. Basin 5 is partially located within the buffer zone to a BVW,contains two rip rap level spreaders,sediment forebay, and outlet which connects to a vegetated swale. Basin 5 is approx. 40 feet by 70 feet. No homes, structures, etc. are permitted to be constructed under this Order of Conditions in areas within the jurisdiction of the Conservation Commission. GENERAL CONDITIONS 1. This Order of Conditions must be recorded in its entirety(all 6 pages)at the Essex County Registry of Deeds or the Land Court for the district in which the land is located, after the expiration of the 10-day appeal period and within 30 days of the issuance. A copy of the recording information must be submitted to the Salem Conservation Commission before any work approved in this Order commences. Attachment to Order of Conditions# 64-434 Page 2of 6 2. Approval of this application does not constitute compliance with any law or regulation other than M.G.L Chapter 131,Section 40,Wetlands Regulations 310 CMR 10.00 and the City of Salem Wetlands Protection Ordinance,Salem Code Chapter 34,Section 34-1 —34-13. 3. All work shall be performed in accordance with this Order of Conditions and approved site plan(s). No alteration of wetland resource areas or associated buffer zones,other than that approved in this Order, shall occur on this property without prior approval from the Commission. 4. Prior to any work commencing,a sign shall be displayed showing DEP File#64-434,and not placed on a living tree. 5. No work approved in this Order may commence until the ten(10)day appeal period has lapsed from the date of the issuance of this Order. 6. With respect to this Order, the Commission designates the Salem Conservation Agent as its agent with powers to act on its behalf in administering and enforcing this Order. 7. The Commission or its Agent,officers,or employees shall have the right to enter and inspect the property at any time for compliance with the conditions of this Order,the Wetlands Protection Act MGL Chapter 131, Section 40,the Wetlands Regulations 310 CMR 10.00,and the Salem Wetlands Ordinance,and shall have the right to require any data or documentation that it deems necessary for that evaluation. 8. The term"Applicant'as used in this Order of Conditions shall refer to the owner,any successor in interest or successor in control of the property referenced in the Notice of intent, supporting documents and this Order of Conditions. The Commission shall be notified in writing within 30 days of all transfers of title of any portion of the property that takes place prior to issuance of the Certificate of Compliance. 9. It is the responsibility of the applicant to procure all other applicable federal,state and local permits and approvals associated with this project. These permits may include but are not necessarily limited to the following: (1) Section 404 of the Federal Water Pollution Control Act(P.L. 92-500, 86 stat. 816), U.S. Army Corps of Engineers. (2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec.27(5)of Chapter 21 of the Massachusetts General Laws as codified in 314 CMR 9.00. (3) Sewer Extension Permit from the DEP Division of Water Pollution Control under G. L. Ch. 21A ss7 and 314 CMR 7.00. Any Board of Health permit for septic system design for any portion of the septic system within 100 feet of wetlands shall be submitted to the Commission prior to construction initiation. (4) Design Requirements for Construction in Floodplains under the State Building Code(780 CMR 744.). 10. If there are conflicting conditions within this Order, the stricter condition(s)shall rule. 11. All work shall be performed so as to ensure that there will be no sedimentation entering into wetlands and surface waters during construction or after completion of the project. 12. The Commission or its Agent shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. Attachment to Order of Conditions# 64-434 Page 3of 6 13. The Commission reserves the right to impose additional conditions on portions of this project or this site to mitigate any actual or potential impacts resulting from the work herein permitted. 14. The work shall conform to the following attached plans and special conditions: Final Approved Plans DefinitiveSub-Division Plan of Chapel Hill in Salem Massachusetts (Title) August 20,2007 (Dated) Christo her R. Mello (Signed and Stamped by) City of Salem Conservation Commission (on Jue with) 15. Any proposed changes in the approved plan(s)or any deviation in construction from the approved plan(s)shall require the applicant to file a Notice of Project Change with the Commission. The Notice shall be accompanied by a written inquiry prior to their implementation in the field, as to whether the change(s)is substantial enough to require filing a new Notice of Intent or a request to correct or amend this Order of Conditions. A copy of such request shall at the same time be sent to the Department of Environmental Protection. 16. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has been issued,the applicant or current landowner shall submit to the Commission a statement signed by the buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of the Order of Conditions. 17. Condition Number#47 as indicated shall continue in force beyond the Certificate of Compliance,in perpetuity,and shall be referenced to in all future deeds to this property. PRIOR TO CONSTRUCTION 18. Prior to the commencement of any activity on this site other than activities listed above,there shall be a Pre-Construction Meeting between the project supervisor,the contractor responsible for the work, and a member of the Conservation Commission or its Administrator to ensure that the requirements of the Order of Conditions are understood. The staked erosion control line shall be adjusted,if necessary, during the pre-construction meeting. Please contact the Conservation Commission Agent at(978)619-5685 at least forty-eight(48)hours prior to any activity to arrange for the pre- construction meeting. 19. Prior to the pre-construction meeting and commencement of any activity on this site,sedimentation and erosion control barriers shall be installed as shown on the approval plan(s)and detail drawings. The Commission and/or its Administrator shall inspect and approve such installation at the pre-construction meeting. 20. No clearing of vegetation, including trees,or disturbance of soil shall occur prior to the pre-construction meeting. Minimal disturbance of shrubs and herbaceous plants shall be allowed prior to the pre- construction meeting if absolutely necessary in order to place erosion control stakes where required. Attachment to Order of Conditions# 64-434 Page 4of 6 21. There shall be 40 hay bales and wooden stakes under cover on the site at all times to be used only for emergency erosion control. EROSION CONTROL 22. Appropriate erosion control devices shall be in place prior to the beginning of any phase of construction, and shall be maintained during construction in the wetland areas and buffer zones. The erosion control specifications provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards for this project;the Commission may require additional measures. 23. All debris, fill and excavated material shall be stockpiled a location far enough away from the wetland resource areas to prevent sediment from entering wetland resource areas. 24. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 25. The area of construction shall remain in a stable condition at the close of each construction day. 26. Any de-watering of trenches or other excavation required during construction shall be conducted so as to prevent siltation of wetland resource areas. All discharge from de-watering activities shall be filtered through hay bale sediment traps,silt filter bags or other means approved by the Commission or its Administrator. 27. Within thirty(30) days of completion of construction on any given portion of the project,all disturbed areas in the completed portion of the site shall be permanently stabilized with rapidly growing vegetative cover,using sufficient top soil to assure long-term stabilization of disturbed areas. 28. If soils are to be disturbed for longer that two(2)months,a temporary cover of rye or other grass should be established to prevent erosion and sedimentation. If the season is not appropriate for plant growth, exposed surface shall be stabilized by other appropriate erosion control measures, firmly anchored,to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION 29. A copy of this Order of Conditions and the plan(s)approved in this Order shall be available on site at all times when work is in progress. 30. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on the approved plan(s). 31. All waste products,grubbed stumps,slash;construction materials,etc.shall be deposited at least 100 feet from wetland resource areas and 200 feet from river. 32. Cement trucks shall not be washed out in any wetland resource or buffer zone area,nor into any drainage system. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be immediately removed. 33. All exposed sub-soils shall be covered by a minimum of three(3)inches of quality screened loam topsoil prior to seeding and final stabilization. 34. Immediately following drainage structure installation all inlets shall be protected by silt fence,haybale barriers and/or silt bags to filter silt from stormwater before it enters the drainage system. ' R Attachment to Order of Conditions# 64-434 Page 5of 6 35. There shall be no pumping of water from wetland resource areas. 36. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other components shall be fixed immediately. 37. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. 38. The applicant is herby notified that failure to comply with all requirements herein may result in the issuance of enforcement actions by the Conservation Commission including,but not limited to, civil administrative penalties under M.G.L Chapter 21A,section 16. AFTER CONSTRUCTION 39. Upon completion of construction and final soil stabilization,the applicant shall submit the following to the Conservation Commission to request a Certificate of Compliance (COC): (1) A Completed Request for a Certificate of Compliance form(WPA Form 8A or other form if required by the Conservation Commission at the time of request). (2) A letter from a Registered Professional Engineer certifying compliance of the property with this Order of Conditions. (3) An"As-Built"plan signed and stamped by a Registered Professional Engineer or Land Surveyor showing post-construction conditions within all areas under the jurisdiction of the Massachusetts Wetlands Protection Act. This plan shall include at a minimum: (a) All wetland resource area boundaries with associated buffer zones and regulatory setback areas taken from the plan(s)approved in this Order of Conditions; (b) Locations and elevations of all stormwater management conveyances,structures and best management designs,including foundation drains,constructed under this Order within any wetland resource area or buffer zone; (c) Distances from any structures constructed under this Order to wetland resource areas- "structures"include,but are not limited to,all buildings,septic system components,wells, utility lines,fences,retaining walls,and roads/driveways; (d) A line delineating the limit of work-"work"includes any filling,excavating and/or disturbance of soils or vegetation approved under this Order; 40. When issued, the Certificate of Compliance must be recorded at the Essex County Registry of Deeds and a copy of the recording submitted to the Salem Conservation Commission. 41. If the completed work differs from that in the original plans and conditions,the report must specify how the work differs; at which time the applicant shall first request a modification to the Order. Only upon review and approval by the Commission, may the applicant request in writing a Certificate of. Compliance as described above. 42. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Conservation Commission and/or its Administrator has authorized their removal. ADDITIONAL CONDITIONS 43. Applicant voluntarily agrees that there will be no development within the C-Series of wetland flags, that erosion control measures shall be installed around C-Series flagged area, as well as orange snow Attachment to Order of Conditions# 64-434 Page 6of 6 fence shall be installed 5 feet outside of C-Series flagged area,as noted on the Plan of Land Dated July 20,2005 Signed and stamped by Christopher R. Mello,that was approved as part of the ORAD for the Chapel Hill property issued October 27,2005. 44. Applicant voluntarily agrees that the area to the east of the C-Series flagged area(as noted on the Plan of Land Dated July 20,2005 Signed and stamped by Christopher R. Mello,approved as part of the ORAD for the Chapel Hill property issued October 27,2005)will be restored and re-graded to natural organic make-up post construction. 45. Applicant voluntarily agrees to demarcate existing trees prior to construction located adjacent to or near proposed detention basins and work with the Conservation Agent prior to removal of trees to identify those trees that can be preserved and those that have to be cut down in order for detention basins and associated outfalls to be installed. 46. Applicant shall install a maximum of three(3)trail signs demarcating the location of the public trail located on the 13 acres of land open to the public as open space. Locations and details of sign to be worked out with the planning board. PERPETUAL CONDITIONS 47. The detention basins,vegetated swales, associated pipes,and other features that make up the drainage system shall be maintained as outlined in the approved Environmental Impact Statement for the Chapel Hill Subdivision in Salem, Massachusetts Prepared for.Town and Country Homes June 2006 Revised August 2007,under Appendix A: Stormwater Managerment Plan: Operation and Maintenance Plan, and shall be the responsibility of the owners of the property where the detention basins are located, ie the homeowners association for basins 1-3 and owner of Lot 27 for basins 4 and 5. CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH 120 WASHINGTON STREET, 4TH FLOOR SALEM, MA 01970 RECEIVED f\/ D G V TEL. 978-741-1800 OCT U j 2006 FAx 978-745-0343 WWW.SALEM.COM DEPT.OF PLANNING& Kimberley Driscoll JOANNE SCOTT, MPH, RS, CHO COMMUNITY DEVELOPMENT Mayor HEALTH AGENT October 3, 2006 Walter B. Power, III, Chairman Salem Planning Board 120 Washington Street Salem, Massachusetts 01970 Dear Mr. Power: At its meeting on September 12, 2006, the Salem Board of Health voted to approve the Definitive Subdivision Plan for Chapel Hill, Clark Avenue, presented by Jack Keilty and Chris Mello, with the following conditions: 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 the DEP standards for the proposed use. 3. A radon remediation kit is installed and is operational in each dwelling. 4. A radon test is conducted following installation and operation of the remediation kit. The results must given to the purchaser of the dwelling. 5. The developer will give the Health Agent a copy of the 21 E report. 6. The developer shall adhere to a drainage plan as approved by the City Engineer. 7. The developer shall employ a licensed pesticide applicator to exterminate the area prior to construction, demolition, and/or �}� 4 I blasting and shall send a copy of the exterminator's invoice to the Health Agent. 8. The developer shall maintain the area free from rodents throughout construction. 9. The developer shall submit to the Health Agent a written plan for dust control and street sweeping which will occur during construction. 10. 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. 11. The Fire Department must approve the plan regarding access for fire fighting. 12. 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. 13. The developer shall disclose in writing to the Health Agent the origin of any fill material needed for the project. 14. 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. 15. The drainage system for this project must be reviewed and approved by the Northeast Mosquito Control and Wetlands Management District. 16. 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 call me. 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