Decision STAMPED 15 Crosby (1) CITY OF SALEM
f
PLANNING BOARD 09
57 -
Form C - Definitive Subdivision Decision
15 Crosby Street(Map 8, Lot 44)
APRIL 24, 2026
Scott Grover, Esquire
Tinti and Navins, PC
27 Congress Street, Suite 414
Salem, MA 01970
RE: Decision of the 15 Crosby Street Subdivision-Form C
On September 18, 2025, the Salem Planning Board opened a Public Hearing for a proposal
submitted by Scott Grover, Esq. f/b/o 15 Crosby Street LLC (hereafter referred to as "applicant")
to allow the subdivision of one existing lot into two lots as shown on the plan entitled "Definitive
Subdivision Plan of 15 Crosby Street in Salem, MA" and dated August 18, 2025.
Procedural History
On May 29, 2025, the applicant submitted a preliminary subdivision plan. On June 26, 2025, the
Planning Board approved the preliminary subdivision plan. On August 26, 2025, the applicant
submitted a definitive subdivision plan. The hearing for the definitive plan was opened on
September 18, 2025, and continued to October 6, 2025 (no testimony), November 6, 2025,
November 20,2025,January 8,2026,January 22,2026, February 19,2026,March 5, 2026,March
26, 2026, and April 9, 2026. A request was made on December 1, 2025 to extend the project to
February 5, 2026 and was approved. A second request was made on January 22, 2026 to extend
the project to April 23, 2026 and was approved.
At the regularly scheduled Planning Board meeting on April 23, 2026, the Planning Board closed
the Public Hearing and by a vote of eight(8)in favor, (Chair Kirt Rieder,Helen Sides,Tom Furey,
Josh Turiel,Jonathan Berk,Zach Caunter, Graham Wing, and Carole Hamilton)none(0) opposed
to approve the subdivision plan subject to the following conditions:
1. Conformance with the Plan
a. Work shall conform to the set of plans containing sheets 1-6, entitled, "Definitive
Subdivision Plan of 15 Crosby Street in Salem, MA",prepared by P.J.F. and Associates, 4
Highland Ave, Wakefield, MA 01880 dated August 18, 2025 and revised on April 27,
2026.
2. Endorsement of the Plans
Definitive Subdivision Decision—Form C
15 Crosby Street
April 24,2026
a. Following the statutory twenty(20) day appeal period, the Planning Board will endorse the
original subdivision plans, subject to conditions of this decision, which shall be recorded at
the South Essex Registry of Deeds.
b. Prior to endorsement of the plans, the following items shall be submitted for approval by
the Planning Board:
i. Acceptable form of grants of easements, if applicable.
ii. This decision shall be referenced on the original plans prior to the endorsement by
the Planning Board;the decision shall be recorded with the plans at the Essex South
Registry of Deeds.
iii. Updated Sheet 4 of 6 plan indicating the slope of the driveway at it's steepest,inlet,
slope of drive from garage to inlet, and the 100 contour line between the existing
and new house.
iv. Updated Sheet 5 of 6 plan indicating the rim of drive inlet.
Drawing Title Sheet Prepared By Issued Revised
No.
Cover Sheet 1 of 6 PJF and Associates 8.18.25 4.27.26
Existing Conditions 2 of 6 PJF and Associates 8.15.25 4.27.26
Lotting Plan 3 of 6 PJF and Associates 8.18.25 4.27.26
Grading/Drainage Plan 4 of 6 PJF and Associates 8.15.25 4.27.26
Utility Plan 5 of 6 PJF and Associates 8.15.25 4.27.26
Construction Details 6 of 6 PJF and Associates 8.18.25 4.27.26
Site Plan A-0 Segar Architects, Inc 4.15. 55
East &North Elevation A-1 Segar Architects, Inc 4.15.25
West & South Elevation A-2 Segar Architects, Inc 4.15.25
View from Crosby St A-3 Segar Architects, Inc 4.15.25
Aerial View Crosby St A-4 Segar Architects, Inc 4.15.25
Wetland boundary um-narked unmarked
Definitive Subdivision Decision—Form C
15 Crosby Street
April 24,2026
3. Amendments
a. Any proposed future changes to the site plan shall be submitted to the City Planner for their
review,prior to any changes in the field. The submission shall include a plan sheet with all
changes from the plans approved by the Planning Board bubbled, noted; and stamped by a
licensed professional engineer or architect. This submission shall also include a brief
narrative explaining the proposed changes. If deemed necessary by the City Planner,these
amendments shall be brought to the Planning Board. Any waiver of conditions contained
within shall require the approval of the Planning Board.
4. Subdivision Regulations
a. The Subdivision shall be constructed in accordance with the requirements of the
Subdivision Rules and Regulations and any other applicable regulations as affected by this
decision.
5. Waivers
a. In approving the Plans, the Board is hereby granting the following waivers of the
Subdivision Rules and Regulations:
i.A waiver from subdivision frontage requirements: the applicant requests a waiver
of the frontage requirement for Lot B,which has 11 ft of frontage, where 100 ft
of frontage is required.
ii. A waiver from Section IV Design Standards: the applicant requests a waiver
from 2a. Width of Right—of--Way Improvements, where a minimum 32' width
is required and 24'is proposed.
iii.A waiver from Section V Design Standards:the applicant requests a waiver from
2a. Width of Right—of--Way Improvements, where a minimum 6" curb is
required, and no curbing is proposed.
iv.A waiver from Section V Design Standards:the applicant requests a waiver from
2a. Width of Right—of—Way Improvements, where a minimum 5' sidewalk is
required, and no sidewalks are proposed.
v.A waiver from Section V Design Standards: the applicant requests a waiver from
2a. Width of Right—of—Way Improvements, where a minimum 3' plant strip is
required, and no grass strips are proposed.
vi.A waiver from Section V Design Standards:the applicant requests a waiver from
4b. Dead-End Streets, where a minimum radius of 90' feet is required, and 30'
radius is proposed.
b. In the judgement of the Planning Board, the granting of the above waivers is in the public
interest and consistent with the intent of the subdivision control law.
6. Transfer of Ownership
Definitive Subdivision Decision—Form C
15 Crosby Street
April 24,2026
a. Within five days of transfer of ownership of the subdivision, the Owner shall notify the
Board in writing of the new owner's name and address. This shall not include the sale of
lots within the subdivision in the ordinary course of business, but only a sale of the entire
subdivision. The terms, conditions, restrictions and/or requirements of this decision shall
be binding on the Owner and its successors and/or assigns.
7. Security(Section III(B)(5) of the Subdivision Regulations)
a. 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.
b. Endorsement of Approval with Covenant
a. 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 run with the land, and shall state that such ways
and services shown on the approved plans dated August 18, 2025 and revised
March 23, 2026 shall be provided to serve any and all lots before any lot may
be built upon or conveyed, other than by mortgage and deed, and secure the
construction of ways and installation of municipal services, including required
description of mortgages and assents of mortgagees; and/or
i. Endorsement of Approval with Bonds, Surety or Tri-Party Agreement
a. 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 any one 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
Engineering Department.
b. 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.
ii. Time Frame
a. If such ways and services are not completed within two (2)years of the date of
endorsement of the plan, approval of the plan may be rescinded unless an
extension is granted by the Planning Board. The Planning Board acknowledges
Definitive Subdivision Decision—Form C
15 Crosby Street
April 24,2026
that the timeframe and completion of the entire subdivision is anticipated to be
two years, and will not unreasonably withhold extensions.
8. Salem Conservation Commission
a. The applicant shall receive all necessary approvals from the Salem Conservation
Commission prior to commencement of any work.
9. Board of Health
a. The individual presenting this 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 use.
c. A copy of the Licensed Asbestos Inspector's Report must be sent to the Health Agent.
d. A copy of the Licensed Lead Inspector's Report must be sent to the Health Agent.
e. A copy of the Demolition Notice sent to MA DEP, Form BWPAO6, must be sent to the
Health Agent.
f. The developer shall adhere to the 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 basting and shall send a copy of the exterminator's invoice
to the Health Agent.
h. The developer shall submit a plan for rodent control and maintain the area free from rodents
throughout construction.
i. The developer shall submit the City Health Agent a written plan for dust control and street
sweeping which will occur during demolition and construction.
j. The developer shall submit the City Health Agent a written plan for the containment and
removal or debris, vegetative waste, and unacceptable excavation material generated
during demolition and/or construction.
k. The Fire Department must approve the plan regarding access for firefighting.
1. Noise levels from the resultant establishments generated by operations, including but not
limited to refrigeration and heating, shall not increase the broadband sound level by more
than 10 dB(A) above the ambient levels measured at the property line.
m. The developer shall disclose in writing to the City Health Agent the origin of any fill
material needed for the project.
n. The resultant establishment(s) shall dispose of all waste materials resulting from its
operations in an environmentally sound manner as described to the Board of Health.
o. The developer shall notify the City Health Agent when the project is complete for final
inspection and confirmation that the above conditions have been met.
Definitive Subdivision Decision—Form C
15 Crosby Street
April 24,2026
10. Fire Department
a. The applicant shall comply with all requirements of the City of Salem Fire Department,
including temporary access during construction.
11.Building Inspector
a. The applicant shall comply with all requirements of the City of Salem Building Inspector.
12. Office of the City Engineer
a. All work shall comply with all requirements of the City Engineer.
b. All work shall comply with the Engineering Rules and Regulations.
c. The applicant shall comply with conditions a through b prior to the Engineering
Department sign-off on any building permits (including but not limited to building,
foundation, demolition, etc.) and/or the issuance of any permits from the Engineering
Department.
d. Provide an erosion control plan showing the locations of the proposed erosion control
protection and truck wash exit area(with detail) to ensure compliance with environmental
requirements.
e. Identify the proposed source of water for construction activities including dust control.
f. Provide a site plan, stamped by a MA Professional Civil Engineer, showing all existing
and proposed utilities including details to confirm compliance with the Engineering Rules
and Regulations,including but not limited to require separations,material, sizes,locations,
etc.
g. Provide detailed information on the water meter location in the building that demonstrates
clear access for future maintenance and that no other connections (tees) exist before the
City's main meter. (Note that a horseshoe connection is not allowed). Meter shall be
located as close as possible to where the water service enters the building. Provide
plumbing plans. Separate fire and domestic services (1 inch minimum) are required with
valves on each service at the main for the fire and large domestic services (4 inch and
above) and on the sidewalk for smaller domestic services (less than 4 inch). Piping under
foundations should be avoided.
h. Identify if an irrigation system will be installed. A backflow preventer will be required for
an irrigation system if installed,provide location of backflow device on drawing.
i. Individual sewer services connected directly to the main per building are required;common
manhole and pipe to city main would be a "private main" and does not meet
rules/regulations. If separate services to the main are not possible,please define constraints
and provide documentation for share ownership and maintenance agreement of the"private
sewer main" from the proposed common manhole on the proposed second lot to the city
main.
Definitive Subdivision Decision—Form C
15 Crosby Street
April 24,2026
j. Perform Closed-Circuit Television (CCTV) inspection of the existing service to be
"reused" as a "private sewer main." and provide a letter from the Engineer stating that the
sewer service(private main) is in good condition for reuse and to has the capacity to serve
the new dwelling.
k. Provide all required easements including but not limited to existing dwelling water service
which seems to be located on the new lot, easement documentation for sewer from existing
house through proposed second lot.
1. Provide test holes results/report that includes elevation of seasonal high groundwater table.
m. Provide all calculations and plans showing drainage areas, flow paths, etc. from the
Engineer in designing the stonnwater system.
n. Provide a copy of the existing easement in lot B documenting that installation of a
stormwater recharge basin is allowed within the easement limits.
a. Prior to Engineering sign-off on the Certificate of Occupancy,the applicant shall:
i. An as-built drawing stamped/signed/dated by the civil design engineer of record
showing any changes to the design based on the actual work completed and shall
include profiles. This as-built drawing shall be submitted in two electronic file
formats, PDF and CAD, suitable for the City's access and use;
ii. A completed tie card (a blank template is available through the Engineering
Department) for each water, sewer and drain service constructed. This tie card
information should also be included on the as-built, and;
iii. A certification letter stamped, signed and dated by the civil design engineer of
record, stating that the work was completed in substantial compliance with the
design documentation for which the permit(s)was (were) issued and the systems
will function as intended by the engineer's design. The letter must identify all
deviations from the design drawings with an explanation for the deviation, as well
as any subsequent requirements by the City Engineer to accept the deviation;
iv. Documentation that the existence of any on-site private stormwater management
system has been recorded at the Registry of Deeds. And a copy of the operation
and maintenance(O&M)manuals/plans for the on-site private stormwater
management systems built; this is often accomplished through a restrictive
covenant.
13. Utilities
a. The applicant shall have an engineer certify the utility plans for review by the City Engineer
prior to the issuance of any Building permit. The utility plans shall be reviewed and
approved by the Office of the City Engineer prior to the issuance of any Building Permit.
b. All utilities shall be installed underground, except electricity, cable tv and phone.
Definitive Subdivision Decision—Form C
15 Crosby Street
April 24,2026
c. Any utility installation for housing lots shall be reviewed and approved by the City
Engineer prior to the issuance of a Building Permit.
14. Pre-Construction Conference
a. Prior to the start of work on the approved subdivision, a pre-construction conference shall
be scheduled with the City Planner, the City Engineer, 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.
15. Construction Practices
a. All construction shall be carried out in accordance with the following conditions:
i. All construction shall be carried out in accordance with the Rules and Regulations
of the Planning Board, and in accordance with any and all rules, regulations, and
ordinances of the City of Salem.
ii. No work shall commence before 8:00 AM on weekdays and Saturdays. No work
shall continue beyond 5:00 PM. There shall be no work conducted on Sundays or
holidays. Inside work of a quite nature may be permitted at other times.
iii. Drilling and blasting shall be limited to Monday — Friday between 8:00 a.m. and
5:00 p.m. There shall be no drilling or blasting, or rock hammering on Saturdays,
Sundays, or holidays. Blasting shall be undertaken in accordance with all local and
state regulations.
iv. All reasonable action shall be taken to minimize the negative effects of construction
on abutters. Advanced notice shall be provided to all abutters in writing at least 72
hours prior to commencement of construction.
V. All construction vehicles shall be cleaned prior to leaving the site so that they do
not leave direct and/or debris on surrounding roadways as they leave the site.
vi. All construction shall be performed in accordance with the Rules and Regulations
of the Planning Board, and in accordance with any and all rules, regulations and
ordinances of the City of Salem.
vii. All construction vehicles left overnight at the site must be completely located on
the site.
viii. A Construction Management Plan and Construction Schedule shall be submitted by
the applicant to the Building Inspector for review and approval prior to the issuance
of a building permit. Including in this plan, but not limited to, shall be information
regarding how equipment will be stores, a description of the construction staging
areas and its location in relation to the site, and where the construction employees
will pack their vehicles.
16. Construction Traffic
a. 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.
Definitive Subdivision Decision—Form C
15 Crosby Street
April 24,2026
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.
a. Any roadways, driveways, or sidewalks damaged during construction shall be restored to
their original condition by the Owner.
b. The Owner shall clean construction vehicles before they exit the construction site, and
clean and sweep all streets affected by their construction truck traffic as necessary.
17. Clerk of the Works
a. A Clerk of the Works shall be provided by the City, at the expense of the Applicant, their
successors or assigns, as it is deemed necessary by the City Engineer.Accordingly,it is the
understanding of the Board, the City Planner, the City Engineer, and the Applicant, that
the Clerk of the Works is expected to oversee and review all civil and site improvements
related to the Project, including,but not necessarily limited to:
a. All utility cut and caps related to the City's Demolition Permit;
b. All new utility installations;
c. All connections to,extensions of,or improvements to publicly owned infrastructure
both on the Applicant's site or withing the City's right of way and any on-site
stormwater or wastewater systems;
d. All new installations or modifications to existing pavement, sidewalk,and curbing;
e. All site grading modifications,particularly where grade changes are two(2)feet or
more; and
f. All conditions placed on the project by an Order of Conditions from the Salem
Conservation Commission.
b. The Clerk of the Works shall review and approve all proposed, or approved, changes to the
original Planning Board decision.
c. The Applicant shall submit a construction plan that includes a detailed sequence and
schedule of all construction activities related to the Clerk of the Works' purview. Once the
construction plan is approved, it shall be used to create a Task Order for the Clerk of the
Works.
d. No work, including blasting, demolition, excavation, and grading shall start before an
approved task order for the Clerk of the Works' services has been agreed upon and
approved by all parties.
18.As-built Plans
a. As-built plans and Street Acceptance Plans, stamped by a Registered Professional
Engineer, shall be submitted to the Department of Planning and Community Development
and Department of Public Services prior to the issuance of the final Certificate of
Occupancy for the subdivision and/or the acceptance of any streets.
Definitive Subdivision Decision—Form C
15 Crosby Street
April 24,2026
b. The As-Built plans shall be submitted to the City Engineer in electronic file format suitable
for the City's use and approved by the City Engineer, prior to the issuance of the final
Certificate of Occupancy for the subdivision and/or the acceptance of any streets.
c. A completed tie card, a blank copy (available at the Engineering Department) and a
certification signed and stamped by the design engineer, stating that the work was
completed in substantial compliance with the design drawing must be submitted to the City
Engineer prior to the issuance of the final Certificate of Occupancy for the subdivision
and/or the acceptance of any streets; as well as, any subsequent requirements by the City
Engineer.
19.Violations
a. Violations of any condition contained herein shall result in revocation of this permit by the
Planning Board unless the violation of such condition is waived by a majority vote of the
Planning Board.
Record of Vote
The following members of the Planning Board voted eight (8) in favor and none (0) opposed to
approve the Form C — Definitive Subdivision application subject to the above-stated terms and
conditions: Chair Kirt Rieder, Helen Sides, Carole Hamilton, Jonathan Berk, Josh Turiel, Tom
Furey,Zach Caunter, and Graham Wing.
This endorsement shall not take effect until a copy of the decision bearing certification of the City Clerk that twenty
(20)days have elapsed and no appeal has been filed or that is such appeal has been filed,and it has been dismissed or
denied,is recorded in the Essex South Registry of Deeds and is indexed under the name of the owner of record or is
recorded on the owner's Certificate of Title. The fee for recording or registering shall be paid by the owner or
applicant.
I hereby certify that a copy of this decision and plans are on file with the City Clerk and a copy is on file with the
Planning Board.
Sincerely,
Kirt Rieder
Chair