TEDESCO-POND PLACE - ZBA Tedesco—Pond Place
Tedesco Pod Condominium Association-
D T Citp of Oalem, ,laoubuoetto
Office of the Citp Council
lyjp9 Citp *all
ac7Apryg WARD COUNCILLORS
VINCENT J. FURFARO
COUNCILLORS-AT-LARGE PRESIDENT 1989
.1989 GEORGEA.NOWAK
DONALD T.BATES JOSEPHINE R. FUSCO KEVIN R.HARVEY
FRANCES J.GRACE CITY CLERK VINCENT J.FURFARO
LEONARD F.O'LEARV
NEIL J.HARRINGTON
GEORGE P.McCABE JEAN-GUY J.MARTINEAU
SARAH M.HAYES
MARK E.BLAIR
June 27, 1989
Mr. James Fleming, Chairman
Board of Appeal
City of Salem
Salem, MA 01970
Dear Chairman Fleming:
I will not be able to attend the June 28th Board of Appeal
Public Hearing because of a previous engagement.
I would like to go on record as supporting the petition of
Kathleen Driscoll for an eight-foot fence at Tedesco Pond Place.
This area abuts a B-1 District and has a history of shopping
carts and other articles being thrown over the fence.
Hopefully, this proposed fence will prevent dumping into
the pond below and also be an attractive addition. Please relay
my message to the rest of the Board.
Very truly yours ,
MARK E. BLAIR
COUNCILLOR WARD SEVEN
MFFF�Wdebn C
1%' a
n
J r. uj Wcn o
c
+� am CO v
p C:)
m
N
co y(n
�
r
„omui4b
of
ttlem 49Httssttcuse##s Jut 5 3 02
T t 5 C FILC;?
3.
', F Pottrb of Av} ezl
3rrr
DECISION ON THE PETITION OF KATHLEEN DRISCOLL, TRUSTEE FOR
A VARIANCE AT TEDESCO POND PLACE (R-1 )
A hearing on this petition was held June 2.8, 1989 with the following Board
Members present: James Fleming, Chairman; Richard Bencal, Vice Chairman, John
Nutting, Secretary, Edward Luzinski and Richard Febonio. Notice of the hearing
was sent to abutters and others and notices of the hearing were properly published
in the Salem Evening News in accordance with Massachusetts General Laws
Chapter 40A.
Petitioner, Trustee for the Tedesco Pond Condominium Association, is requesting
a Variance to allow construction of an eight (8) foot fence in a residential
district.
The Variance which has been requested may be granted upon a finding of the
Board that:
a. special conditions and circumstances exist which especially affect
the land, building or structure involved and which are not generally
affecting other lands, buildings and structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner;
c. desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented and
after viewing the plans, makes the following findings of fact:
1 . The proposed fence would held eliminate the dumping of debris, trash,
etc. , in the pond and general area.
2. The proposed fence would improve the neighborhood and separate the
business and residential areas.
3. Without the fencing the petitioner and/or association would suffer
a hardship to their property.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property
but not the district generally;
2. Literal enforcement of the Ordinance would work a substantial hardship
on the petitioner;
3. The relief requested can be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
DECISION ON THE PETITION OF KATHLEEN DRISCOLL, TRUSTEE, FOR A
VARIANCE AT TEDESCO POND PLACE, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variance requested, subject to the following conditions:
1 . Petitioner comply with all requirements of the letter from the Salem
Fire Department relative to this petition.
2. The fence is to be no higher than eight (8) feet in the area as shown
on the plans and to be maintained in perpetuity by the petitioner;
3. All conditions of prior decisions regarding this property be made part
of this decision.
GRANTED
Richard A. Bencal, Vice Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
\p pzal from ti's decision, if any,shall be made pursuant to Section 17 of
tl•.a `,1_=,s. General Leas, chapter 808, and shall be tiled within 20 days
after the dote of fi5n8 of this decision in the office of the City Clerk.
Pursucnt to '.ass. Cancra: Laws, chap'ar 808,Section 11, the Variance
or ;p^.dz! Permit 1�rr.nted herein shall not take effect until a copy of the
deci=ion, Laarng the certification of the city clerk that 20 days have
elapsed and no appeal has been filed, or that, if such appeal has been
L!cd, that it has been dismissed or denied is recorded in the South Essex
r,.istry of ozeds and indexed under the name or the owner of record or
is recorded and noted on the owner's Certificate of Title.
BOARO OF APPEAL
CITY OF SALEM, MASSACHUSETTS
PLANNING DEPARTMENT
.�,.covrciL
WILLIAM E.LUSTER \' ^h ONE SALEM GREEN
CITY PLANNER 'r+� 01970
r� I n (508)745-9595.EXT.311
�?. FAX#(508)744-5918
r"ctynv.Mr."
December 27, 1990
Ms. Bernice Bornstein
President
Tedesco Pond Condominium Association
7 Tedesco Pond Place
Salem, MA 01970
RE: Tedesco Pond Condominium Approvals
Dear Ms. Bornstein:
On June 25, 1986, the Salem Planning Board approved a Site Plan
Review Special Permit for the construction of the fourteen (14) unit
Tedesco Pond Condominium Project. The Site Plan Review Special Permit
had several conditions attached to it which had to be met both during
and after construction.
In addition, on April 30, 1986, the Salem Zoning Board of Appeal
granted variances for this project, which included as part of the
decision an "Agreement with Abutters" and a "Covenant Granting the
Limited Access Privilege" governing the use of Tedesco Pond.
I have enclosed copies of the Planning Board decision as well as the
Board of Appeal decision for your files.
I would like to remind you that these conditions have been approved
by City boards and must continue to be net.
I would be happy to meet with you to discuss any questions you may
have regarding these approvals and conditions.
nce ely,
�1
W}lli E. Luster
C.ty Planner
cc: Councillor Mark Blair
Richard Bencal, Chairman Board of Appeal
Kevin Daly, City Solicitor
CM505
of 1�ttlPm, ����5tttlju�Ptts
�harb of E'�u�reni
DECISION ON THE PETITION OF MAINE, POST & BEAM FOR
VARIANCES FOR VARCIA AVE./VINNIN STREET �u
A hearing on this petition was held April 16, 19&YA c2n5fn9Hd!*til April .30,
1986 with the following Board Members present: �7�m Hacker, Chairman; Messrs. ,
Charnas, Bencal, Luzinski and Strout. Notice o¢lt5 hearing was sent to abutters
and others and notices of the hearing were proper+�! ,publisheO in the Salem
Evening News in accordance with Massachusetts Genera"t_Laws Chap 40A.
Petitioner requests Variances from all applicable density requirements in order
to construct five (5) two (2) story wood frame structures for a total of
fourteen ( 14) dwelling units, all as shown on a plan dated April 29, 1986 and
filed with this Board. The premises, owned by Fond View Realty Trust, is in
an R-1 district.
The Variance which ^.as been requested may be granted upon a finding of the
Board that:
a. special conditions and circumstances exist which especially affect
the land, building or structure involved and which are not generally
affecting other lands, buildings and structures in the same district; '
b. literal enforcement of the provisions of the Zoning Ordinance would in-
volve substantial hardship, financial or otherwise, .to 'petitioner; and
c. desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after hearing the evidence and viewing the plans presented at
the hearing, makes the following findings of fact:
1 . The premises contains a 3.1 acre pond, a varied topography,
and is unicue in the district;
2. To build tte single family, unconnected homes allowable in the
district, because of the pond and changes in elevation, would
make development of the parcel extremely costly, and would be a
financial hardship to the petitioner;
3. The petitioner has done an excellent job of accommodating the
concerns and requests of the neighborhood.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board cf Appeal concludes as follows:
1 . Special conditions exist which affect the subject premises but which
do not generally affect the district; and which, in fact, are unique
to the district;
2. Literal enforcement of the Ordinance would work a substantial
financial hardship upon petitioner;
DECISION ON THE PETITION OF MAINE, POST & BEAM FOR
VARIA^CES FOR MARCIA AVE./VINNIN ST. , SALEM
page .two
The relief requested can be granted without substantial detriment to
the public good, and without nullifying or substantially derogating
from the intent of the district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant petitioner
the requested Variances, provided that:
1 . All conditions set forth in the attached "Tedesco Pond Place
Agreement with Abutters" and "Tedesco Pond Place Covenant Granting
the Limited Access Privilege" are and continue to be met. (Said
documents are specifically incorporated by reference in this
decision) ;
2. The pitch of Elm Street drain toward Loring Avenue when all
construction associated with the petition is completed;
The site plan for this project be reviewed and approved by the
Planning Board of the City of Salem;
4. The City is not required to maintain streets, walkways or sidewalks,
water and sewer systems within the subject development, nor be
responsible for drainage or filtration of the pond - all of these
things to be the responsibility of the condominium association
created in connection with the subject development;
5. The developer of such property obtain proper numbering from the
City Assessor, and compliance with the Salem City Ordinance relative
to the numbering of buildings be adhered to;
6. All Laws, Ordinances and Regulations of both the Commonwealth and
the City of Salem, pertaining to fire safety, are adhered to;
i. Plans for the buildings be presented to the Fire Prevention Bureau
indicating the type and location of automatic smoke detectors to be
installed, prior to the issuance fo a building permit.
VARIA!:CES GRANTED
Scott E. Charnas, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FRO!.' THIS DECISION. IF ANY, SHALL BE W'CE PURSUANT TO SECTIO'; 11 CF THE
C Efi EP.AL L4'ilz. C G.P-E:'. :r.'J. FfiD SH;:'_L EE F:'_ED P.':TH:C; 20 OkIS AFTER THE D1,1E OF FiLL'!:-
i CF T9E Cif' C_U
LNTi: A —FT C17
fCi.t.. s THE Cl-, C'rRd T Ai 1,iS HAVE E.4"r 0
F'T. IF Si!i!! FS APPL;.L HHS Bc c:: i:__. iHAT IT H...
P.CCC5:c7 IN THC S9':7H ESSEX CE?i Tfli 0.` CEEDS P.ND IHD'.:;ED U:i:d' Til` F::E G; THE 00'r
OF RECORD OR IS RECORDED AND NOiEO ON THE 0't.%ER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
TEDESCO POND PLACE
AGREEMENT WITH ABUTTERS
IN RECOGNITION OF THE NEEDS AND CONCERNS OF ABUTTERS TO PROPERTY
KNOWN AS 7EDESCO POND PLACE IN SALEM, MA WHICH MAINE POST AND BEAM COXPANY
("mp&b) IS PROPOSING TO DEVELOP IN CONJUNCTION WITH THE OWNER, MR. STUART
ABRAMS, mp&b AGREES TO THE FOLLOWING REQUESTS OF TKIARTTFR� pH 186
1 , SEWERAGE TIE-IN: TO MAKE PROVISION FOR Fj1.Jff TIE-IN TO THE
C--7Y SEWERAGE LINES BY ABUTTERS LIVING ON CHANDLER ROAD WHO DO
PRESENTLY CONNECT TO A MUNICIPAL SEWEMTrAlE 'BY,.PR04I)P.ii�
LATERAL EXTENSIONS FROM THE SEWER LINE TO BE CONSTRUCTED ON
TEDESCO POND PLACE TO THE PROPERTY LINE OF EACH OF THESE ABUTTERS
i..rICH WILL BE BLANKED OFF FOR THEIR LATER TIE-IN AT THEIR
D_SCRETION AND EXPENSE BUT ONLY AFTER NOTIFYING THE CITY OF THEIR
=::'ENDED ACTION. PRIOR TO AND DURING INSTALLATION OF THE SE`r:ER
_...E mp&b WILL SEEK FROM EACH ABUTTER THE LOCATION ON THE
.OPERTY LINE FROM WHICH CONNECTIONS CAN BE MADE MOST EFFICIENTLY
mp&b WILL MAKE THE BEST EFFORT IN COOPERATION WITH THE
:=*-'TTER TO BRING THE TIE-IN LATERAL TO THAT POINT_.
.: TWITHSTANDING THE FOREGOING, mp&b SHALL NOT BE OBLIGATED TO
LOCATE THE SEWER LINE OR ANY LATERALS IN A PLACE OR MANNER WHICH
IS PREJUDICIAL TO THE BEST INTEREST OF THE OWNERS OF TEDESCO POND
F;.ACE.
2. S=rlERAGE LINE MAINTENANCE AND OPERATIONAL FEE: EACH ABUTTEP. WHO
EXERCISES THE PRIVILEGE OF TIE-IN TO THE CITY SEWER SYSTEM THROUGH
THE PRIVATELY OWNED AND PRIVATELY MAINTAINED SEWER SYSTEM ON TEDESCO
POND SHALL BE RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH HIS SERVICE
INCLUDING THE COST OF MAINTAINING/REPLACING THE LATERAL ON THE
PROPERTY OF TEDESCO POND PLACE AND ANY COSTS THAT CAN BE DIRECTLY
ASCRIBED TO THE SERVICE PROVIDED TO HIM. TEDESCO POND PLACE
SHALL GRANT AN EASEMENT TO EACH ABUTTER WITH A LATERAL CONNECTION
iHICH PERMITS THE ABUTTER ACCESS TO REPAIR OR REPLACE HIS LATERAL:
THIS WORK SHALL BE UNDERTAKEN IN COOPERATION WITH THE TEDESCO
70':D PLACE HOMEOWNERS ASSOCIATION TO MINIMIZE INCONVENIENCE TO THE
_,;:;ERS: ALL EXPENSES OF THE WORK INCLUDING BUT NOT LIMITED TO
=.ESTORATION OF THE PREMISES TO THEIR ORIGINAL CONDITION SHALL BE
=_-NE BY THE ABUTTER.
3. -_L CONSTRUCTION WITHIN THE DEVELOPMENT SHALL BE CONDUCTED IN
.CCORDANCE WITH THE FOLLOWING PROVISIONS: NO CONSTRUCTION SHALL
TAKE PLACE PRIOR TO 7:00 a.m. ON ANY WORK DAY, 8:00 a.m. ON
SATURDAYS, OR AT ANY TIME ON SUNDAYS, PROVIDED THAT NOTHING HEREIN
SHALL BE DEEMED TO RESTRICT INTERIOR WORK OR .PROVIDED THAT IT IS
EXTERIOR WORK WHICH DOES NOT CAUSE A DISTURBANCE. WORK SHALL
CEASE NO LATER THAT 6:00 p.m.
1
4 . c.2&b SHALL TAKE ALL ACTIONSNECESSARY DURING THE CONSTRJC710:;
:ERIOD TO MINIMIZE INCONVENIENCES TO RESIDENTS I?v THE II•":EDTA-E
11EIGHB0RH00D. SAID INCONVENIENCES MAY RELATE TO NOISE, VIBRATION,
DUST, BLOCKING OF CITY ROADS OR THOSE CONCERNS DEEMED APPROPRIATE
SY THE APPROPRIATE DEPARTMENT HEADS OF THE CITY OF SALEM AT THE
TIME OF OCCURRENCE. mp&b MUST ADVISE ABUTTERS OF WORK TO BE CONDUCTED
NEAR THEIR PREMISES AT LEAST TWENTY-FOUR HOURS PRIOR TO THE
COMMENCEMENT OF SUCH WORK.
5. _N RECOGNITION OF THE CONCERNS EXPRESSED ABOUT THE POSSIBILITY
OF A NUISANCE CAUSED FROM DUST CARRIED BY THE PREVAILING i]IND
TOWARD THE DIRECT ABUTTERS ON CHANDLER ROAD, mp&b WILL MAKE A
SPECIAL EFFORT TO MINIMIZE DUST: IN THE EVENT THAT UNUSUAL
CIRCUMSTANCES CAUSE EXCESSIVE FOULING OF ABUTTERS SWIM?•;ING POOLS
DURING THE MONTHS OF JULY AND AUGUST, mb&b WILL PROVIDE ASSISTANCE
_N CLEANING THE POOLS BUT NOT MORE FREQUENTLY THAN ONCE. EACH WEE
THE EVENT THAT UNUSUAL ,CIRCUMSTANCES CAUSE EXCESSIVE FOULI?�G
E ABUTTERS HOMES DURING THE MONTHS OF MAY THROUGH SEPTEE-ER,
?&b WILL PROVIDE ASSISTANCE IN CLEANING THEIR HOMES E'JT 11O7 1;ORE
FREQUENTLY THAN ONCE EACH WEEK AND AT A COST NOT TO EXCEED ,4:0.00
PER CLEANING.
6. ACCESS TO THE SITE SHALL ORDINARILY BE GAINED THROUGH THE ENTRY
OFF TEDESCO STREET: PETER ROAD AND THE ACCESS SPUR OFF'CHANDLER
ROAD SHALL ONLY BE USED WHEN NO REASONABLE ALTERNATIVE EXISTS.
7. ALL CONSTRUCTION RELATED VEHICLES AND EQUIPMENT SHALL BE PARKED
ON THE SITE EXCEPT WHEN INVOLVED IN ACTIVITY ADJACENT. TO THE SITE
OR WHEN NO REASONABLE ALTERNATIVE EXISTS.
8. mp&b WILL USE ITS BEST EFFORTS TO MINIMIZE THE EFFECTS OF EXCAVATION
AND REPLACEMENT ON THE EXISTING ROADWAY AND PROPERTY WHEN INSTALLING
^HE NEW WATER MAINS 014 PETER ROAD AND ON ELM STREET.
4/27/66
2
TEDESCO POND PLACE
COVENANT GRANTING THE LIMITED ACCESS PRIVILEGE
THIS DOCU ENT IDENTIFIES THE EXCLUSIVE CONDITIONS UNDER WHICH PERSO::S SHALL
HAVE ACCESS TO THE OPEN SPACE, THE POND, AND THE EASEME AR }}���jjpppDING TO
THE OPEN SPACE AND POND (ALL OF WHICH SHALL BE AREA"
AND SHALL BE APPROPRIATELY MARKED ON THE SITE PLAN AND IN THE FIELD) ON
PROPERTY CALLED TEDESCO POND PLACE AT VINNIN SQIFAMOMARCIA AVENUE I',: ESSEX
COUNTY, S'_ E!;, MASSACHUSETTS. THE OWNERS OF PROPERTY IN TEDESYQ NEL
PLACE
SHALL FOR}: A HOMEOWNER'S ASSOCIATION ("THE ASSOC KTION"S WHICH MALL EE
RESPONSIB'.,E FOR OVERSEEING AND ADMINISTERING THE PROVISIONS OF THIS COVENANT.
1 . ANY PERSON WHO IS A RESIDENT LIVING ON MAPLE AVE. , ELM AVE. , CHANDLER
ROAD, ELEANOR ROAD, LILLIAN TERRACE, LINDEN STREET, PETER ROAD, OR
.-LFAE5 TERRACE STREET IN THE CITY OF SALEM SHALL ENJOY THE LIMITED
CCESS PRIVILEGE TO ENTER AND ENJOY THE AREA FOR THE ACTIVI:_ES AND
S:TBJECT TO THE CONDITIONS DESCRIBED BELOW:
2.. flALKING AND HIKING SHALL BE PERMITTED IN THE DAYLIGHT HOURS ON
? Y DAY EXCEPT SUNDAY AND THE HOLIDAYS LISTED BELOW:
3. FISHING SHALL BE PERMITTED IN THE DAYLIGHT HOURS ON ANY DAY
EXCEPT SUNDAY AND THE HOLIDAYS LISTED BELOW:
4. SKATING SHALL BE PERMITTED ON ANY DAY DURING THE DAYLIGHT HOURS
PROVIDED THAT THE ASSOCIATION DETERMINES THAT THE AREA IS SAFE
FOR SKATING AND POSTS A NOTICE TO THAT EFFECT:
5. HOLIDAYS ARE:
NEW YEARS, MARTIN LUTHER KING'S, LINCOLN'S, WASHINGTON'S,
GOOD FRIDAY, EASTER, MEMORIAL, INDEPENDENCE, LABOR, VETERAN'S,
THANKSGIVING, CHRISTMAS, HANUKKAH:
6. EASEMENTS FOR ACCESS TO THE AREA SHALL BE PROVIDED AS SHOW" ON
'.E ACCOMPANYING PLAN: THESE EASEMENTS SHALL BE CLEARLY DELINEATED
=ATHWAYS WHICH SHALL BE THE ONLY ACCESS USED.
7. SIGNS SHALL BE ERECTED AND MAINTAINED BY THE ASSOCIATION GIVING
':OTICE THAT TRESPASSING BY PERSONS, WHO ARE NOT A RESIDENT OF THE
CITY OF SALEM AS QUALIFIED ABOVE, IS NOT PERMITTED. ANY USE IS AT
THE USER'S RISK;
8. -CONDUCT PREJUDICIAL TO THE QUIET ENJOYMENT OF THE AREA SHALL BE
CAUSE FOR CANCELLATION OF THESE PRIVILEGES: WHEN AN OFFICER OF
THE ASSOCIATION OBSERVES AN OFFENSIVE ACT, HE SHALL CAUSE THE
OFFENDER TO LEAVE THE AREA.
9. AN APPLICATION MUST BE h'.- 'E TO THE ASSOCIATION FOR A PASS: A
PASS VALID FOR THREE YEARS SHALL BE ISSUED AND SHALL BE RENEWED
ON REQUEST AS LONG AS THE INDIVIDUAL REMAINS A RESIDENT OF ONE
OF THE ABOVE NAKED STREETS AND IS ,NOT OTHERWISE DISQUALIFIED;
10. ANY IMMEDIATE RELATIVE OR INVITED GUEST OF A PERMITTED RESIDENT
QUALIFIED ABOVE SHALL BE ELIGIBLE TO RECIEVE A TEMPORARY PASS
WHICH SHALL BE VALID FOR A PERIOD OF TWO WEEKS FROM THE DATE OF
ISSUE AND RENEWABLE ONE TIME WITHIN THREE MONTHS OF THE ORIGINAL
DATE OF ISSUE AFTER WHICH F.- NEW TEMPORARY PASS SHALL BE REQUIRED;
11 . ANY PERSON PASSING ON THE AREA SHALL SHOP: HIS PASS IF REQUESTED
BY AN OFFICER IN THE ASSOCIATION AND IMMEDIATELY LEAVE THE AREA
IF UNABLE TO SHOW A VALID PASS AND ASKED TO LEAVE;
12. AME144DMENTS AND CHANGES TO THESE CONDITIONS SHALL BE AS ACCEPTED
BY A MAJORITY VOTE OF ALL 'EMBERS OF THE ASSOCIATION, SUBJECT TO
THE SUBSEQUENT REVIEW AND -'%'CEPTANCE BY A MAJORITY VOTE OF THE
PLANNING BOARD OF THE CITY OF SALEM
4/27/86
2
of cttlPnt, Cr�55MrI�11aP##5
,`'rarms.� LI-llte J%Iem (grern
JUL $ II 57 ✓H '$5
DECISION FILE
I`Y
cc cc"_ :: EN.MASS.
_ June 30Y1Y8b�� •
SPECIAL PERMIT
SITE PLAN REVIEW SPECIAL PERMIT
Maine Post and Beam Co.
305 Willow Street
S. Hamilton, MA 01982
On Thursday, June 5, 1986, the Planning Board of the City of Salem held
a public hearing regarding the application of Maine Post and Beam for a
Special Permit, under Section R, Site Plan Review, of the Salem Zoning
ordinance, with respect to the construction of fourteen (14) residential
dwelling units around Tedesco Pond, off of Marcia Avenue.
At a regularly-scheduled meeting of the Planning Board held on June 25,
1986, the Board voted, by a vote of six in favor, one opposed, to
approve the application as complying with the requirements for the
issuance of the Special Permit with the following conditions:
1. Work shall conform to plan entitled "Site Plan, Tedesco Pond Place,. ,
sheers 1-511 dated April 29, 1986, and supporting data entitled,
"Drainage Computations", dated March, 1984, and "Sewage Pump Station
Flow Computations", dated September, 1984, all prepared by Hancock
Survey.
2. All requirements of the Engineering Department set forth in a letter
dated June 5, 1986, to the Salem Planning Board, shall be adhered
to, including the installation of a five-foot sidewalk along the
westerly side of the roadway. Specific locations of such sidewalks
shall be defined on a plan to be submitted to and approved by the
Planning Board. .
3. All Board of Health requirements set forth in a letter dated June
12, 1986, shall be adhered to.
4. All conditions set forth in Board of Appeal decision dated May 14,
1986, shall be strictly adhered to.
5. "Agreement with Abutters" dated April 27, 1986 and "Covenant
Granting Limited Access Privilege" dated April 27, 1986, shall be
_._- ...1.. �Al,� .A tn.
- Page 2 -
6. Landscaping of the site, including screening of proposed pump
station and any trash receptacles, shall be in conformance with plan
entitled "Tedesco Pond Place, Planting Plan", prepared by Frank Todd
& Associates, dated February; 1986 and shall be further reviewed and
approved by the Planning Department prior to issuance of
Certificates of Occupancy.
a. Maintenance of vegetation in a healthy and thriVing condition
shall be the responsibility of the developer, his successors or
assigns.
7 . Sloped granite curbing. shall be installed along the entire roadway.
a. Sloped granite curbing shall be installed in other areas as
defined by the City Planner.
b. Cape Cod berms shall be allowed where sloped granite curbing is
not deemed to be necessary.
8. Exterior lighting shall be installed and maintained in such a manner
so as to not reflect or cause glare on abutting or facing
residential premises.
a. All exterior lighting shall be reviewed and approved by the
Planning Department prior to issuance of Certificates of
Occupancy.
9. Exterior designs shall conform in height and architectural style to
plan entitled "Tedesco Pond Place", dated February 27, 1986, revised
June 1, 1986, prepared..by Tracy Moore and shall be reviewed and
approved by the Planning Department prior to issuance of Building
. Permits.
10. Location, design, and construction specifications of mail
collection areas and entrance areas into the project, and the
landscaping of such areas, shall be reviewed and. approved by the
Planning Department.
11 . Proposed improvements to the open space areas shall be reviewed and
approved by the Planning Department prior to issuance of
Certificates of Occupancy.
12. All construction shall be carried out in accordance with the Rules
and Regulations of the Planning Board.
a. A Clerk of the Works will be required at the expense of the
developer as is deemed necessary by the City Planner and/or the
Director of Public Services.
f
l t
♦
Page 3 —
b. As—built plans, stamped by a Registered Professional Engineer
or Land Surveyor shall be submitted to the Engineering Department
prior to issuance of Certificates of Occupancy.
c. All roadway, sidewalk, and utility construction shall be
completed prior to issuance of Certificates of Occupancy.
d. A performance guarantee, in a form satisfactory to the Planning
Department and Engineering Department shall be submitted prior to
issuance of building permits.
13. Any violation of these conditions shall result in the revocation of
this permit by the Planning Board.
I hereby certify that a copy of this decision and plans have been filed
with the City Clerk and copies are on file with the Planning Board.
This Special Permit shall not take effect until a copy of the 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
County Registry of Deeds and is indexed in the grantor index 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.
Walter B. Power, III
Chairman, Planning Board
LEGEND :
ECSB (FD)N ESSEX COUNTY STONE BOUND (FOUND)
CATCH BASIN
N /F CLAUDE F & MATILDA A. m MANHOLE
DELANDE
PL. 7B7 OF 1955 o- UTILITY POLE BASE
N/ F KENNETH M. & MARIE E. to
® ELECTRICAL BOX
BARRY HYDRANT
a 17 PARKING FOR NUMBERED UNIT
_ -i
N /F ALFRED R .BERUBE DHCB (FND)• DRILL HOLE IN CONCRETE BOUND (FOUND)
� T
PL. 787 OF 1955 g �, COR. BD. CORNER BOARD
U p
6� -----,� W m
AGO` Z z
as
P� ASo�� 6� N/F RAYMOND F. & ISABELL A. SWEENEY
o ,
ppb N/F RICHARD J. & DONNA J. �,
ST . ONGE ss GOA, m 1���f�
F LC. PL. 22633A ' � p0� �s
5F CERT. 20690 ° 9
G
' COR.BD.
F�0� 00
PARKING F� i N /F NORMAND A. BERUBE C'
N/F
QP�1 0 `��' �•�
RAOUL J. & GEORGETTE 2O
MORIN ��O _ BOR q
�,-
POeO p BLDG. # 4D
\ G`
UNDER CONSTRUCTION vo OR `A� N/F (FIND)
� eo. PL GS 201 OF 1960 �Py
N/F JAMES W.
DUNN BARBARA , ' //� J o 11
of v11,
DHCB
PARKING \ m Q (FIND)PL. BK. 9. PL. 4 m 0�
PROPOSED �' BLDG. x 3� m ��
FOOT-PATH —�+' - N,/F REFERENCES: '
G RAYMOND P. & THAIS S. GAUTHIER PLAN BOOK 216, PLAN 55
0 ; BLDG. #5
N /F JOSEPROSICKRESA L. UNDER CONSTRUCTION
PL. BK. 66 PL. 100 LOT 5 ; - i TEDESCO POND
LC. PL. 25715C
CERT. 27081
SHORE LINNE
j, ELEV 32 .
N/ F PINE REALTY TRUST ti ' 22 MARCH 1982 �� �° N/F DONALD J. & NANCY S. RAYMOND
s °
LOT 9
LC. PL. 25715ENOTE:
CERT. 32777 ,✓� _ G SEE ORDER OF TAKING RECORDED
IN BOOK 6665 PG. 709
G PL. BK. 154 PL. 72
w �s PROPOSED 5 -WIDE- --
ti25 `, N/F
w q �t� STONE WALK JOHN H., JR ., & ELEANOR B.
¢4- Fc 9� RAYNES NOTES:
1 . DASHED LINES SHOW PROPOSED LOCATION OF PAVEMENT
W^ ) cB 2. SOLID LINES SHOW LIMIT OF BITUMINOUS CONCRETE
a u')F9 9y `v PAVEMENT
�Q� �o 0o OP��I
wa m �9 (�� mom' UNIT 6 coa �.
3 J ���f9 °mss ° TOTAL LOT AREA=7 . 6262 ±ACRES 1 BD.
6 65 qv,
po
<o�� (INCLUDES AREA OF POND) UNIT 5 m Q �
O�n SOF g � PARKING
STEEL SURVEY MARKER
(FOUND) `suety `S✓ OS UNIT 4 A` o I HEREBY CERTIFY TO POND VIEW REALTY TRUST
�s / COR. AT HE
BD o- 3 HEREONHARETLOCATEDDONGTTHEOGROUNDOASABUIPAVEMENT SHOWN
0 2 . �. ,ice /� 3 N/F PAUL L. & g� IIONALD ��,
- ! ( '- - s DESMOND IA
�� KATHY E. BENOIT No. 3'
p \ APPROXIMATE LOCATION PL.92 OF 1982 DATE PROFESST k LAND SURVEYOR ��, ^tPSTEeE°
Cow '0 20 ' WIDE �� OF DRAIN EASEMENT ' ti �? m ��$ LAhOb
CD °s DRAIN EASEMENT �� SEE PL. BK. 86 PL. 72� ;� `
Z N ��� Off' ROD -6-
__j
9
� '� 0� (FN ) N/F
Q> SLOPE EASEMENT - - I. � OD y�
—SEE LC. PLAN 25715 F \ ` � coR - 72. 00 - " (F ) HEIRS OF LILLIAN A. LITTLE
BD. N/F BK. 2875, PG. 007
' UNIT 2 CLYDE S. & 40. I
oU f 55.2'
1 L F 40,
wo GOULD
100.44 f UNIT 1 52.5' N Y', RIGHT OFD
m mm WAY
' PL. 107 OF o 1 TEDESCO
� � . BO BD O
N /F PINE TRUST REALTY D COR 68.8' 1957 COUNTRY CLUB
SEE TAKING OF EASEMENT BY THE CITY OF LOT 10 PROPOSED B w
SALEM DATED DEC. 13, 1979, AND FILED AS LC. PL. 25715E ------ FOOT-PATH ,' 'qDRIVE AND
DOCUMENT 173615 IN THE LAND COURT SECTION CERT. 37099 -- ____1 1 NPARK 2 I. ROD RR. SPIKE
OF THE SOUTH ESSEX REGISTRY OF DEED. SEE 75.0 ' 34.0 '- ��-' (FND) (END) "27 _40.00
PLAN BY ANTHONY FLETCHER, CITY ENGINEER, 5 ECSB CERTIFIED P L O T PLAN
DATED NOV. 16, 1976, FILED WITH SAID DOCUMENT . SB � (FD.)
CTR. BK. V I N N I N STREET TowN OF
(FIND) ( 1930 COUNTY LAYOUT) SALEM LINE TEDESCO STREET TEDESCO POND CONDOMINIUM
MgRBLEHEAl (1930 COUNTY LAYOUT) V I N N I N STREET, SALEM , MA. 01970
— DPPDARFD FOR
POND VIEW REALTY TRUST
1 INCH 40 FEET SCALE i '=40 ' JUNE 10, 1988
40 0 40 BO 120 160
HANCOCK SURVEY 'ASSOCIATES
235 NEWBURY STREET- DANVERS. MA.
0979