Loading...
PIERCE ROAD LOTS 316 & 317 - ZONING fbM..__ _� i#u_ ofttlEnt, c�9��t�silrlius��# s - 1anttin nartb FES 18 � 3 � 10 Zs AH '97 (Air 11�alrtn (wren CITY ur 'atrH. C1 RK'S pr nce DECISION Definitive Subdivision Plan(Form C) Wetlands and Flood Hazard District Special Permit Joyce, Timothy and Amy Salvo c/o Joyce Salvo 25 Raymond Avenue Salem, MA 01970 RE: Lots 316 and 317 Pierce Road On Thursday, October 17r 1996, the Salem Planning Board opened a public hearing under Section 7-16, Wetlands and Flood Hazard District Special Permit of the Salem Zoning Ordinance and also for the Definitive Subdivision Plan and application submitted by Timothy and Amy Salvo, and Joyce Salvo(the "Applicants"). The plan, containing one sheet, entitled"Definitive Plan, Pierce Road, Salem, MA", dated September 30, 1988, revised March 5, 1990, revised June 6, 1990, revised July 19, 1990 and revised November 28, 1996, was prepared and stamped by Joseph D. Carter, Carter & Towers Engineering Corp., 6 Fairview Avenue, Swampscott, MA 01907. The purpose of the hearing was to discuss the Applicants' plans to construct two (2) single family dwellings with garages. associated utilities, driveway, and grading, for lots 316 and 317 on Pierce Road, with access from Loring Avenue. The proposed work is located within a Wetlands Buffer Zone. Notice of the public hearing was provided in the Salem Evening News on October 3 and October 10. 1996. Notice was also sent to abutters, surrounding local Planning Boards. and Department Heads in accordance with Massachusetts General Laws Chapter 40A and the Subdivision Regulations of the City of Salem. Upon consent from the Applicants, the hearing was continued to November 21, 1996. On November 21. 1996. the Applicants' Attorney requested that the Board continue the hearing until December 19. 1996. The Board then received a written request from the Applicants to continue the public hearing until February 6, 1997 until the Board of Health had a chance to review the proposal. The public hearing was continued on February-6„_1997, and upon consent from the Applicants, the hearing was continued until February 20, 1997. During the public hearing process, the Board received comments from the Building Inspector, City Engineer. Board of Health. Fire Department and the Police Chief. These comments were incorporated into the record. In addition, the Board received testimony from many neighbors and representatives of the Salem City Council which have also become part of the record. The Board also heard verbal testimony and received written testimony from the Applicants' representatives. This testimony has been incorporated into the record. Following the completion of testimony, on Thursday, February 20. 1997, by a vote of seven(7) in favor, none opposed, the Planning Board voted to close the public hearing. Following the close of the public hearing, Chairman Walter B. Power, III stated that he would entertain a motion on the matter. One - Waiver of requirement to complete Pierce Road: A motion was made by Carter Vinson to deny the requested waiver to complete Pierce Road. WHEREAS: The Applicants have asked the Planning Board to waive the requirement that Pierce Road ( which is in its entirety an unimproved paper street) be completed and that access to the two lots shown on the plan be via a common driveway located on Loring Avenue. WHEREAS: The Planning Board has received a letter from the Salem Police Department dated February 6, 1997 to the effect that access to the two lots from the Loring Avenue driveway would create an unsafe and inadequate access for autos entering and exiting the proposed driveway and would create an unsafe situation for traffic on an adjacent public way(Loring Avenue); and WHEREAS: The Planning Board has received a letter from the Salem Fire Department dated November 20, 1996 to the effect that the proposed driveway would provide an unsafe and inadequate access for fire department and other emergency vehicles Avenue to the proposed lots and will create an unsafe situation for from Loring A p p Fire Department personnel called to the site to combat a fire from Loring Avenue; and WHEREAS: The Plannine Board has received a memorandum from the Salem City Engineer dated November 20. 1996 to the effect that the proposed common driveway would provide an inadequate access to the two lots (and particularly to the rear lot, lot 317) shown on the Applicants' plan; NOW THEREFORE: The Planning Board denies the Applicants' request that the Planning Board waive the requirement that Pierce Road be constructed and completed based on the Planning Board's findings that: 1) the failure to construct Pierce Road and to instead provide access via a common driveway will provide inadequate access to all of the lots in the subdivision; 2) the failure to construct Pierce Road will increase congestion on Loring Avenue immediately adjacent to the proposed driveway; 3) the failure to construct Pierce Road will create an unsafe situation for autos entering and exiting the subdivision and on Loring Avenue: and 4) the failure to construct Pierce Road will create an unsafe and inadequate access to the lots in the subdivision in the case of fire, flood, panic and other emergencies. The motion was seconded by Kim Driscoll, and by a vote of six(6) in favor, one(l) abstention, the Board voted to deny the requested waiver. Two- Waiver of all road requirements on Pierce Road in lieu of the paved driveway on lot 316 and 317: A motion was then made by Carter Vinson to deny the requested waiver to waive all road requirements on Pierce Road in lieu of the paved driveway at lot 316 and 317 based on the same information and evidence cited in the Board's denial of the waiver requested to construct Pierce Road and based on the Board's findings that the failure to construct all road requirements on Pierce Road (1) will result in inadequate access to the lots depicted on the plan: (2) increase congestion on an adjacent public way(Loring Avenue); (3) create an unsafe condition for automobiles entering and exiting the subdivision; (4) will provide unsafe access in the case of other emergencies and will provide safe concerns to emergency personnel fire, flood, panic and o g p h' called to the site; and (5) will fail to provide maximum frontage to all of the lots in the subdivision. The motion was seconded by Kim Driscoll and by a vote of seven (7) in favor, none opposed, the Board voted to deny the requested waiver to waive ail road requirements on Pierce Road in lieu of the paved driveway at lot 316 and 317. Three - Definitive Subdivision Plan: A motion was then made by Carter Vinson to deny the Definitive Subdivision Plan based on the same information and evidence cited in the Planning Board's denial of the Applicants' waiver request to complete Pierce Road and on the Board's findings that the subdivision plan as presented (1) will provide inadequate access to the lots-in the subdivision; (2) increase congestion on an adjacent public way(Loring Avenue); (3) create an unsafe condition for autos entering and exiting the subdivision: (4)will provide unsafe access in the case of fire, flood, panic and other emergencies and (5) will fail to provide minimum frontage to all of the lots in the subdivision since lot 317 (the rear lot on the plan) will have no frontage on an improved street. The motion was seconded by Kim Driscoll and by a vote of six (6) in favor, one (1) abstention, the Planning Board voted to deny the Definitive Subdivision Plan for lots 316 and 317 on Pierce Road. Four- Wetlands and Flood Hazard District Special Permit: A motion was then made by Kim Driscoll to deny the Wetlands and Flood Hazard District Special Permit application for lots 316 and 317 Pierce Road based on the Board's denial of the two requested waivers and whereas the Definitive Subdivision Plan is denied and there is not adequate access to lots 316 and 317. The motion was seconded by Carter Vinson and by a vote of six(6) in favor, one(1) abstention, the Planning Board voted to deny the Wetlands and Flood Hazard District Special Permit for lots 316 and 317 on Pierce Road. I hereby certify that a copy of this decision and application have been filed with the City Clerk and copies of the application and plans are on file with the Planning Board. Appeal from this decision, if any, shall be made pursuant to Massachusetts General Laws, and shall be tiled within twenty (20) days after the date of the filing of this decision in the office of the City Clerk. Pursuant to Massachusetts General Laws, the 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 is such appeal has been filed that it has been dismissed or denied, is recorded in the Essex South District Registry of Deeds and is indexed under the name of the owner or record or is recorded and noted on the owners certificate of title. Gva �g Walter B. Power, III Chairman n CM m pr O �1 N �Y b 'a a �n tp v '' . (Situ_ of '�;ttlEnl, CIfficlssadnis;rit-S ,. 19Iatttting Nnarb FE818 10 29 H 097 ,�.. 6 @nr ~211rnt (rrreit CITY Gf �ALVH. Q R K's MASS OrncE DECISION Definitive Subdivision Plan(Form C) Wetlands and Flood Hazard District Special Permit Joyce,Timothy and Amy Salvo c/o Joyce Salvo 25 Raymond Avenue Salem, MA 01970 RE: Lots 316 and 317 Pierce Road On Thursday, October 17, 1996, the Salem Planning Board opened a public hearing under Section 7-16, Wetlands and Flood Hazard District Special Permit of the Salem Zoning Ordinance and also for the Definitive Subdivision Plan and application submitted by Timothy and Amy Salvo, and Joyce Salvo(the "Applicants"). The plan, containing one sheet, entitled"Definitive Plan. Pierce Road, Salem, MA", dated September 30, 1988, revised March 5, 1990, revised June 6, 1990, revised July 19, 1990 and revised November 28. 1996, was prepared and stamped by Joseph D. Carter, Carter& Towers Engineering Corp., 6 Fairview Avenue, Swampscott, MA 01907. The purpose of the hearing was to discuss the Applicants' plans to construct two (2) single family dwellings with garages. associated utilities, driveway, and grading, for lots 316 and 317 on Pierce Road. with access from Loring Avenue. The proposed work is located within a Wetlands Buffer Zone. Notice of the public hearing was provided in the Salem Evening News on October 3 and October 10. 1996. Notice was also sent to abutters. surrounding local Planning Boards. and Department Heads in accordance with Massachusetts General Laws Chapter 40A and the Subdivision Regulations of the City of Salem. Upon consent from the Applicants, the hearing was continued to November 21, 1996. On November 21, 1996. the Applicants' Attorney requested that the Board continue the hearing until December 19. 1996. The Board then received a written request from the Applicants to continue the public hearing until February 6, 1997 until the Board of Health had a chance to review the proposal. The public hearing was continued on February 6, 1997, and upon consent from the Applicants, the hearing was continued until February 20, 1997. During the public hearing process, the Board received comments from the Building Inspector, City Engineer, Board of Health. Fire Department and the Police Chief. These comments were incorporated into the record. In addition. the Board received testimony from many neighbors and representatives of the Salem City Council which have also become part of the record. The Board also heard verbal testimony and received written testimony from the Applicants' representatives. This testimony has been incorporated into the record. Following the completion of testimony, on Thursday, February 20, 1997, by a vote of seven(7) in favor, none opposed, the Planning Board voted to close the public hearing. Following the close of the public hearing, Chairman Walter B. Power, III stated that he would entertain a motion on the matter. One - Waiver of requirement to complete Pierce Road: A motion was made by Carter Vinson to deny the requested waiver to complete Pierce Road. WHEREAS: The Applicants have asked the Planning Board to waive the requirement that Pierce Road ( which is in its entirety an unimproved paper street) be completed and that access to the two lots shown on the plan be via a common driveway located on Loring Avenue. WHEREAS: The Planning Board has received a letter from the Salem Police Department dated February 6, 1997 to the effect that access to the two lots from the Loring Avenue driveway would create an unsafe and inadequate access for autos entering and exiting the proposed driveway and would create an unsafe situation for traffic on an adjacent public way(Loring Avenue); and WHEREAS: The Planning Board has received a letter from the Salem Fire Department dated November 20, 1996 to the effect that the proposed driveway would provide an unsafe and inadequate access for fire department and other emergency vehicles from Loring Avenue to the proposed lots and will create an unsafe situation for Fire Department personnel called to the site to combat a fire from Loring Avenue; and WHEREAS: The Plannine Board has received a memorandum from the Salem City Engineer dated November 20, 1996 to the effect that the proposed common driveway would provide an inadequate access to the two lots (and particularly to the rear lot, lot 317) shown on the Applicants' plan; NOW THEREFORE: The Planting Board denies the Applicants' request that the Planning Board waive the requirement that Pierce Road be constructed and completed based on the Planning Board's findings that: 1) the failure to construct Pierce Road and to instead provide access via a common driveway will provide inadequate access to all of the lots in the subdivision: 2) the failure to construct Pierce Road will increase congestion on Loring Avenue immediately adjacent to the proposed driveway; 3) the failure to construct Pierce Road will create an unsafe situation for autos entering and exiting the subdivision and on Loring Avenue; and 4) the failure to construct Pierce Road will create an unsafe and inadequate access to the lots in the subdivision in the case of fire, flood, panic and other emergencies. The motion was seconded by Kim Driscoll, and by a vote of six(6) in favor, one(1) abstention, the Board voted to deny the requested waiver. Two- Waiver of all road requirements on Pierce Road in lieu of the paved driveway on lot 316 and 317: A motion was then made by Carter Vinson to deny the requested waiver to waive all road requirements on Pierce Road in lieu of the paved driveway at lot 316 and 317 based on the same information and evidence cited in the Board's denial of the waiver requested to construct Pierce Road and based on the Board's findings that the failure to construct all road requirements on Pierce Road (1) will result in inadequate access to the lots depicted on the plan; (2) increase congestion on an adjacent public way(Loring Avenue); (3) create an unsafe condition for automobiles entering and exiting the subdivision; (4) will provide unsafe access in the case of fire, flood, panic and other emergencies and will provide safety concerns to emergency personnel called to the site; and (5) will fail to provide maximum frontage to all of the lots in the subdivision. The motion was seconded by Kim Driscoll and by a vote of seven (7) in favor, none opposed, the Board voted to deny the requested waiver to waive all road requirements on Pierce Road in lieu of the paved driveway at lot 316 and 317. Three- Definitive Subdivision Plan: A motion was then made by Carter Vinson to deny the Definitive Subdivision Plan based on the same information and evidence cited in the Planning Board's denial of the Applicants' waiver request to complete Pierce Road and on the Board's findings that the subdivision plan as presented (1) will provide inadequate access to the lots in the subdivision; (2) increase congestion on an adjacent public way(Loring Avenue); (3) create an unsafe condition for autos entering and exiting the subdivision; (4)will provide unsafe access in the case of fire, flood, provide minimum frontage to all of the lots in the they emergencies and 5 will fail to g panic and o ( ) P P g subdivision since lot 317 (the rear lot on the plan) will have no frontage on an improved street. The motion was seconded by Kim Driscoll and by a vote of six(6) in favor, one (1) abstention, the Planning Board voted to deny the Definitive Subdivision Plan for lots 316 and 317 on Pierce Road. Four- Wetlands and Flood Hazard District Special Permit: A motion was then made by Kim Driscoll to deny the Wetlands and Flood Hazard District Special Permit application for lots 316 and 317 Pierce Road based on the Board's denial of the two requested waivers and whereas the Definitive Subdivision Plan is denied and there is not adequate access to lots 316 and 317. The motion was seconded by Carter Vinson and by a vote of six(6) in favor, one(1) abstention, the Planning Board voted to deny the Wetlands and Flood Hazard District Special Permit for lots 316 and 317 on Pierce Road. I hereby certify that a copy of this decision and application have been filed with the City Clerk and copies of the application and plans are on file with the Planning Board. Appeal from this decision, if any, shall be made pursuant to Massachusetts General Laws, and shall be tiled within twenty (20) days after the date of the filing of this decision in the office of the City Clerk. Pursuant to Massachusetts General Laws, the 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 is such appeal has been filed that it has been dismissed or denied, is recorded in the Essex South District Registry of Deeds and is indexed under the name of the owner or record or is recorded and noted on the owners certificate of title. Walter B. Power. III Chairman CO y � O r q �1 N i 3C �a y v, co v G ON of �Sttlenl, �H�lss�zrliust.##� f 191ttntting �3ttrb FEB 18 10 29 (One l�tt1em (GrPett CITY r S a1-cM SSl(TI?K'S dh;CE DECISION Definitive Subdivision Plan(Form C) Wetlands and Flood Hazard District Special Permit Joyce, Timothy and Amy Salvo c/o Joyce Salvo 25 Raymond Avenue Salem, MA 01970 RE: Lots 316 and 317 Pierce Road On Thursday, October 17, 1996, the Salem Planning Board opened a public hearing under Section 7-16, Wetlands and Flood Hazard District Special Permit of the Salem Zoning Ordinance and also for the Definitive Subdivision Plan and application submitted by Timothy and Amy Salvo, and Joyce Salvo(the "Applicants"). The plan, containing one sheet, entitled"Definitive Plan, Pierce Road, Salem, MA", dated September 30, 1988, revised March 5, 1990, revised June 6, 1990, revised July 19, 1990 and revised November 28, 1996, was prepared and stamped by Joseph D. Carter, Carter& Towers Engineering Corp., 6 Fairview Avenue, Swampscott, MA 01907. The purpose of the hearing was to discuss the Applicants' plans to construct two (2) single family dwellings with garages, associated utilities, driveway, and grading, for lots 316 and 317 on Pierce Road, with access from Loring Avenue. The proposed work is located within a Wetlands Buffer Zone. Notice of the public hearing was provided in the Salem Evening News on October 3 and October 10, 1996. Notice was also sent to abutters, surrounding local Planning Boards. and Department Heads in accordance with Massachusetts General Laws Chapter 40A and the Subdivision Regulations of the City of Salem. Upon consent from the Applicants, the hearing was continued to November 21, 1996. On November 21, 1996, the Applicants' Attorney requested that the Board continue the hearing until December 19, 1996. The Board then received a written request from the Applicants to continue the public hearing until February 6, 1997 until the Board of Health had a chance to review the proposal. The public hearing was continued on February 6, 1997, and upon consent from the Applicants, the hearing was continued until February 20, 1997. During the public hearing process, the Board received comments from the Building Inspector, City Engineer, Board of Health, Fire Department and the Police Chief. These comments were incorporated into the record. In addition, the Board received testimony from many neighbors and representatives of the Salem City Council which have also become part of the record. The Board also heard verbal testimony and received written testimony from the Applicants' representatives. This testimony has been incorporated into the record. Following the completion of testimony, on Thursday, February 20, 1997, by a vote of seven(7) in favor, none opposed,the Planning Board voted to close the public hearing. Following the close of the public hearing, Chairman Walter B. Power, III stated that he would entertain a motion on the matter. One- Waiver of requirement to complete Pierce Road: A motion was made by Carter Vinson to deny the requested waiver to complete Pierce Road. WHEREAS: The Applicants have asked the Planning Board to waive the requirement that Pierce Road(which is in its entirety an unimproved paper street) be completed and that access to the two lots shown on the plan be via a common driveway located on Loring Avenue. WHEREAS: The Planning Board has received a letter from the Salem Police Department dated February 6, 1997 to the effect that access to the two lots from the Loring Avenue driveway would create an unsafe and inadequate access for autos entering and exiting the proposed driveway and would create an unsafe situation for traffic on an adjacent public way(Loring Avenue); and WHEREAS: The Planning Board has received a letter from the Salem Fire Department dated November 20, 1996 to the effect that the proposed driveway would provide an unsafe and inadequate access for fire department and other emergency vehicles from Loring Avenue to the proposed lots and will create an unsafe situation for Fire Department personnel called to the site to combat a fire from Loring Avenue; and WHEREAS: The Planning Board has received a memorandum from the Salem City Engineer dated November 20, 1996 to the effect that the proposed common driveway would provide an inadequate access to the two lots (and particularly to the rear lot, lot 317) shown on the Applicants' plan; NOW THEREFORE: The Planning Board denies the Applicants' request that the Planning Board waive the requirement that Pierce Road be constructed and completed based on the Planning Board's findings that: 1) the failure to construct Pierce Road and to instead provide access via a common driveway will provide inadequate access to all of the lots in the subdivision; 2) the failure to construct Pierce Road will increase congestion on Loring Avenue immediately adjacent to the proposed driveway; 3) the failure to construct Pierce Road will create an unsafe situation for autos entering and exiting the subdivision and on Loring Avenue; and 4) the failure to construct Pierce Road will create an unsafe and inadequate access to the lots in the subdivision in the case of fire, flood, panic and other emergencies. The motion was seconded by Kim Driscoll, and by a vote of six(6) in favor, one(1) abstention, the Board voted to deny the requested waiver. Two- Waiver of all road requirements on Pierce Road in lieu of the paved driveway on lot 316 and 317: A motion was then made by Carter Vinson to deny the requested waiver to waive all road requirements on Pierce Road in lieu of the paved driveway at lot 316 and 317 based on the same information and evidence cited in the Board's denial of the waiver requested to construct Pierce Road and based on the Board's findings that the failure to construct all road requirements on Pierce Road (1) will result in inadequate access to the lots depicted on the plan; (2) increase congestion on an adjacent public way(Loring Avenue); (3) create an unsafe condition for automobiles entering and exiting the subdivision; (4) will provide unsafe access in the case of fire, flood, panic and other emergencies and will provide safety concerns to emergency personnel called to the site; and (5) will fail to provide maximum frontage to all of the lots in the subdivision. The motion was seconded by Kim Driscoll and by a vote of seven (7) in favor, none opposed, the Board voted to deny the requested waiver to waive all road requirements on Pierce Road in lieu of the paved driveway at lot 316 and 317. Three - Definitive Subdivision Plan: A motion was then made by Carter Vinson to deny the Definitive Subdivision Plan based on the same information and evidence cited in the Planning Board's denial of the Applicants' waiver request to complete Pierce Road and on the Board's findings that the subdivision plan as presented (1) will provide inadequate access to the lots in the subdivision; (2) increase congestion on an adjacent public way(Loring Avenue); (3) create an unsafe condition for autos entering and exiting the subdivision; (4) will provide unsafe access in the case of fire, flood, panic and other emergencies and(5) will fail to provide minimum frontage to all of the lots in the subdivision since lot 317 (the rear lot on the plan) will have no frontage on an improved street. The motion was seconded by Kim Driscoll and by a vote of six (6) in favor, one (1) abstention, the Planning Board voted to deny the Definitive Subdivision Plan for lots 316 and 317 on Pierce Road. Four- Wetlands and Flood Hazard District Special Permit: A motion was then made by Kim Driscoll to deny the Wetlands and Flood Hazard District Special Permit application for lots 316 and 317 Pierce Road based on the Board's denial of the two requested waivers and whereas the Definitive Subdivision Plan is denied and there is not adequate access to lots 316 and 317. The motion was seconded by Carter Vinson and by a vote of six(6) in favor, one(1) abstention, the Planning Board voted to deny the Wetlands and Flood Hazard District Special Permit for lots 316 and 317 on Pierce Road. I hereby certify that a copy of this decision and application have been filed with the City Clerk and copies of the application and plans are on file with the Planning Board. Appeal from this decision, if any, shall be made pursuant to Massachusetts General Laws, and shall be filed within twenty (20) days after the date of the filing of this decision in the office of the City Clerk. Pursuant to Massachusetts General Laws,the 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 is such appeal has been filed that it has been dismissed or denied, is recorded in the Essex South District Registry of Deeds and is indexed under the name of the owner or record or is recorded and noted on the owners certificate of title. l61(2j�fLZ /GGIJI/t' Walter B. Power, III Chairman y� � O^ � �n to Cp V ntCE1V� SEP 2 2 l MASS H�GHINAY William F Weld Argeo Paul Cellucci James J. Kerasiotes Laurinda T. Bedingfield c Governor Lieutenant Governor Secretary Commissioner Permit No. 4-28002 PERMIT — SALEM Subject to all the terms, conditions, and restrictions printed or Written below, and on the reverse aide hereof, ermission is hereby y granted to Joyce P. Salvo to enter upon the State Highway known as Route 1A or Loring Avenue for the purpose of constructing a driveway approach on the easterly aide o PP y f the highway between stations 40+ 80 and 40+ 96 at the location line line and flaring to stations 40+ 71 and 41+ 00 at the edge of the roadway as indicated on attached sketch. WORK HOURS: 9:00 A.M. thru 3:00 P.M. Monday thru Friday Provisions shall be made for the safety and protection of Pedestrian Traffic during the construction period. The work will be performed as per 1 P p plans on file at the Massachusetts Highway Department District Four Permits Office. The Grantee shall notify the District Permits 617 at Engineer 9 ( ) 648-6100, two (2) days prior to the start of Y P work. The Grantee shall make contact with the Area Contract Specialist III via Pager Telephone Number 1617-644-3604, forty-eight hours prior to start of work. No work shall be authorized without said notification. The Grantee shall notify Dig-Safe at 1-800-322-4844 at least 72 hours prior to the ptart of work for the purpose of identifying the location of underground utilities. Dig-Safe J 950200231 A copy of this permit must be on the job site at all times for inspection. failure to have this permit available will result in suspension of the rights granted by this permit. Massachusetts Highway Department-District 4 .519 Appleton St., Arlington, MA 02174 -(617) 648-6100 rcn.'I!r pont . All work shall be in compliance with the current edition of the "Massachusetts Department of Public Works Standard Specifications for Highways and Bridges". No work will be performed on the day before or the day after a long week-end which involves a holiday on any highway, roadway or property under the control of the Massachusetts Highway Department or in areas where the work would adversely impact the normal flow of traffic on the State Highway System, without permission of the District Highway Director or his Representative. This permit is issued with the stipulation that it may be,modified or revoked at any time at the discretion of the District Four Highway Director or his representative without rendering said Department or the Commonwealth of Massachusetts liable in any way. Uniformed Police Officers shall be in attendance at all times while work is being done under this permit. All personnel who are working on the traveled way or breakdown lanes shall wear safety vests and hard hats. The furnishing and erecting of all traffic safety devices shall be the responsibility of the Grantee. Cones and non-reflecting warning devices shall not be left in operating position on the highway when the daytime operations have ceased. If it becomes necessary for this Department to remove any construction warning devices or their appurtenances from the project due to negligence by the Grantee all costs for this work will be charged to the Grantee. Flashing arrow boards will be used at all times when operations occupy the roadway and shall be available for use at all times. Necessary signs, barriers, cones, etc. shall conform with the current Manual on Uniform Traffic Control Devices. Free flow of traffic shall be maintained at all times. Two way traffic shall be maintained at all times. When in the opinion of the Engineer, this :operationtconstitutesa hazard .to traffic, in any area, the Grantee `may be `requred<�to suspend operations during certain hours and to remove his equipment from the roadway. Care must be taken not to interfere with underground structures that exist in the area. The Grantee will be responsible for any damage . caused by his operation to curbing, structures, roadway, etc. . PEKMIT Cont. The Grantee shall be responsible for any settlement which may occur as a result of the work done under this permit. The Grantee shall be responsible for any ponding of water which may develop within the State Highway Layout, caused by this work. No work shall be authorized during snow, sleet, or ice storms and subsequent snow removal operations. No bituminous concrete shall be installed between November 15th and April 15th. e. The Highway surface shall be kept clean of debris at all times and shall be thoroughly cleaned at the completion of this permit. At the completion of this permit, all disturbed areas shall be restored to a condition equal or similar to that which existed prior to the work. The drive/drives shall be surfaced with Bituminous Concrete, Type I and shall be laid in two courses to a depth of three inches, after rolling, . with a foundation of at least six inches of compacted gravel. The finished surface shall butt into and not overlap the existing highway grade at the road edge. The drive/drives shall be so graded that no water shall enter the layout nor pond or collect thereon, including the roadway. The curb corners or radii may be painted at the time of installation. Said curb shall be painted white only. The curb shall be placed in conjunction with or immediately before the completion of the driveway surfacing. . That part of the drive/drives located within the limits of the State Highway shall be maintained by the Grantee, at his own expense and to the satisfaction of the District Highway Director or his representative. Wheelchair ramps shall be constructed in accordance with the provisions of the Architectural Access Board Regulations. (Sections 21.1 and 21.1.2) No trees shall be cut or removed under this permit. "` b > 3 If the sidewalk area is disturbed, it shall be restored,full width;'` in kind a minimum of five feet beyond any disturbed area as follows. After the subgrade has been prepared, a foundation of gravel shall be placed upon it. After being mechanically compacted thoroughly, the foundation shall be at least 8 inches in thickness and parallel to the proposed surface of the walk. The concrete sidewalk shall be placed in alternate slabs 30 feet in length (if applicable) . The slabs shall be separated by transverse preformed expansion joint filler 1/2 inch in thickness (shall conform to AASHTO-M153) . Preformed expansion joint filler shall be placed adjacent to or around existing structures also. On the foundation as specified above, the concrete .(Air-Entrained 4000 Psi, 3/4" 610) shall be placed in such quantity that-after being thoroughly consolidated in place it shall be 4 inches in depth. At driveways, the sidewalk shall be 6 inches in depth. The bituminous concrete sidewalk surface shall be laid in 2 courses to a depth after rolling of 2 1/2 inches. The bottom course shall be 1 1/4 inches in thickness and its surface after rolling shall be 1 1/4 inches below the parallel to the proposed grade of the finished surface. The top course shall be 1 1/4 inches in thickness after rolling. It shall be the responsibility of the Grantee to replace all pavement markings which have been disturbed by this permit. These pavement markings shall be restored within ten (10) days after this work is performed or as deemed necessaryb y the District lct Highway Any bound marked MHB shall not be removed or disturbed. If it becomes necessary to remove and reset an highway Y g y bounds then the Grantee shall hire a Registered Professional Land Surveyor to perform this work. It shall be the responsibility of this land surveyor to submit to this office a statement in writing and a plan containing his stamp and signature showing that said work has been en performed. The Grantee shall indemnify and save harmless the Commonwealth and its Highway Department against all suits, claims or liability of every name and nature arising at any time out of or in consequence of the acts of the Grantee in the performance of the work covered by this permit and or failure to comply with terms and conditions of the permit whether by themselves or their employees or subcontractors. _ - APPLICANT'S REPRESENTATIVE: Cheryl Blaine TELEPHONE NUMBER: 617 338-6464 I (SEE OTHER SIDE FOR ADDITIONAL CONDITIONS) No work shall be done , under this permit until the Grantee shall have communicated with and received instructions from the District Highway Director of the Massachusetts Highway Department at 519 Appleton Street, Arlington, Ma. 02174 . This permit shall be void unless the work herein contemplated shall have been completed before September.=22, 1996. Dated at Arlington this 22nd day of September, 1995. Massachusetts Highway Department, By Sherman Eidelman, P.E. District Highway Director WJD COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF PUBLIC WORKS TRAFFIC DIVISION PLAN COVERING PERMIT REQUESTED BY ,.JOYCE P, SALVO FOR DRIVEWAY APPROACH IN SALEM DATE _ 19 - 2E SCALE 1� = 40� 1 00 � 1 y�llc�+ F I O/ / APPROVED / T FFIC EN NEER HMD-422 (optional) a i gg ID A B a Truck Mounted fT o Attenuator MFN (optional) t 3 i� l � A Ileuoudo) Ahhk T U i Figure TA-6. Shoulder work with minor encroachment. 119 C U0 P CITY OF SALEM - MASSACHUSETTS WILLIAM J.LUNDREGAN Legal Department JOHN D.KEENAN City Solicitor Assistant Ci Solicitor 81 Washington Street 93 Washington Street City 9 Salem, Massachusetts 01970 60 Washington Street Tel:978-741-3888 Tel:978-741-4453 Fax:978-741-8110 Fax:978-740-0072 December 28 , 1999 Charles W. Trombly, Jr. , Recorder Commonwealth of Massachusetts Land Court 24 New Chardon Street Boston, NIA 02114-4703 RE: Joyce P. Salvo, et al VS . City of Salem Planning Board, et al Land Court Docket Number: 236866 Dear Mr. Trombly: Please find enclosed for filing and docketing in the above matter Stipulation of Dismissal . If you have any questions with reference to this matter, please do not hesitate to call me . Very truly yours, WILLIAM J. LUNDREGAN CITY SOLICITOR WJL/amc Enclosure CC : Mayor Stanley J. Usovicz, Jr. ✓ Patrick Reffett, City Planner Peter Strout , Building Inspector Edmund C . Smith, Esq. 'c ,4 COMMONWEALTH OF MASSACHUSETTS COPY DEPARTMENT OF THE TRIAL COURT HE LAND COURT SUFFOLK, SS . DOCKET NUMBER: 236866 JOYCE P . SALVO, TIMOTHY J. SALVO, AND AMY SALVO, Plaintiffs, VS . CITY OF SALEM PLANNING BOARD, STIPULATION OF DISMISSAL WALTER B. POWERS, III , KIM DRISCOLL, CHUCK PULED, CARTER L . VINSON, GENE COLLINS, JOHN MOUTSAKIS, DAVID HART, and L. LEE HARRINGTON, as they are the members of the City of Salem Planning Board, and the CITY OF SALE, Defendants Now come the plaintiffs, Joyce P . Salvo, Timothy J. Salvo and Amy Salvo by their attorney and Defendants, City of Salem Planning Board, et al by their attorney, in the above entitled action and, pursuant to the provisions of Massachusetts Rules of Civil Procedure, Rule 41 (a) (1) (ii) , hereby dismiss this action y � vv/ I ",\o u i44 prejudice and without costs . For the Plaintiffs, For the Defendant, Joyce P . Salvo, Timothy J. City of Salem, et al Salvo and Amy Salvo By their attorney � By their attorney, e � Edmund C . Smith, Esq. � . 4wil an, Esq. 101 Washington Street olicitor R, 207-208 81 Washington Street Salem, MA 01970 Salem, MA 01970 978-740-9321 978-741-3888 I Gr sA!E;1. MA Ctv of 'Stt1Pm, ttsstzrl"ft�sPf s�� uarb of ezd i�a9 n�G 31 P 1= 39 DECISION OF THE PETITION OF TIMOTHY & AMY SALVO REQUESTING A WETLANDS AND FLOOD HAZARD VARIANCE FOR THE PROPERTY LOCATED AT 265 LORING AVENUE R-1 A hearing on this petition was held on April 21, 1999 and continued monthly until August 18, 1999 with the following Board Members present: Nina Cohen, Chairman, Ronald Harrison, Michael Ward, Stephen Buczko and Stephen Harris. Notice of the hearing was sent to abutters and others and notices of the hearing were published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. The petitioners are requesting a Variances under Section 7-16 (g) of the Zoning Ordinance to construct a single family dwelling on the property located at 265 Loring Avenue also known as Lot 316 Pierce Road located in an R-1 zone. Section 7-16 (g) of the Ordinance states; A variance may be granted from the provision of this section in accordance with the terms of this zoning ordinance and with the terms of Massachusetts General Laws, Chapter 40A, Section 10, but only upon the following additional terms and conditions: (1) A special permit has been applied for in accordance with this section and has been denied. (2) The board of appeals shall only grant a variance from the provisions of this section upon: a. A showing of good and sufficient cause* b. A determination that failure to grant a variance would result in exceptional hardship to the applicant;* c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expenses, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances;* and d. A determination that the variance is the minimum necessary to afford relief.* (3) Along with the petition for a variance hereunder, the petitioner shall file; a. A written report describing the proposed development or use relative to the conditions in this subsection (g); b. The special permit application as filed with the planning board; c. A copy of the planning board decision relative to the Special Permit The board of appeals shall establish a hearing on the petition under the provisions of Chapter 40A of the Massachusetts General Laws and in accordance with the board's v DECISION OF THE PETITION OF TIMOTHY & AMY SALVO REQUESTING A WETLANDS AND FLOOD HAZARD VARIANCE FOR THE PROPERTY LOCATED AT 265 LORING AVENUE R-1 page two administration rules, section 9-3 of this ordinance, and shall notify the planning board, city engineer, board of health, conservation commission and historical commission of said hearing. The board of appeals shall notify the applicant in writing of its decision on the petition. In the event a variance is granted, the board shall document in its decision the nature of the variance from the provisions of the wetlands and flood hazard districts as well as the grounds for its granting. A variance from the flood hazard district shall include the following statement; "The construction of a structure below the base flood level increases risks to life and property and will result in increased premium rates for flood insurance up to amounts as high as $25.00 for$100.00 of insurance coverage". The board of appeals shall, as a condition of the variance, require that a copy of the variance be recorded by the applicant at the registry of deeds. The Variance, which has been requested, may be granted upon a finding by this Board that: 1. Special conditions and circumstances exist which especially affect the land, building or structures involved and which are not generally affecting other lands, buildings and structures involved. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 3. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the purpose of the Ordinance. The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of facts: 1. Petitioner Tim Salvo is seeking a variance for a Special Wetland Permit pursuarto Article VI 1, Section 7-16 (g) of the Zoning Ordinance in order to build a single family home on the lot at 265 Loring Avenue , also known as Lot #316 Pierce Ind. 2. Petitioner Joyce Salvo is seeking a variance pursuant to Art. VIII, Section 7-16 to construct a single family house at 265 Rear Loring Ave., also known as Lot# 7 2r Pierce Road. M:_ w D v SALEM. MA LEpu'S OFFICE DECISION OF THE PETITION OF TIMOTHY & AMY SALVO REQUESTING A WETLANDS AND FLOOD HAZARD VARIANCE FOR THE PROPERT L?CNED AT 265 LORING AVENUE. R-1 iggq lPiG 31 page three 3. Both petitioners' properties lie within the Wetlands District Buffer Zone as defined by the Salem Zoning Ordinance. The properties are also within the Flood Hazard District as defined by the Ordinance. As such,the proposed development could have been approved by the City of Salem Planning Board. The Salvos applied to the City of Salem Planning Board for special permits pursuant to Section 7-16 (c) of the Ordinance, which gives the Planning Board authority to grant a special permit to construct homes within the Wetlands and Floor Hazard District. 4. The Planning Board denied the Salvos application for special permits pursuant to Section 7-16 (c). See decision of the Planning Board dated February 28, 1997. The Salvos appealed the decision of the Planning Board, and the parties anticipate a trial on this appeal in September 1999. . 5. Notwithstanding, the pendency of the Salvos' appeals, the Zoning Board of Appeals heard argument at its May 19, 1999 general meeting on the question whether two variances could be issued to the Salvos pursuant to Section 7- 16(8) of the Ordinance. The Zoning Board also heard argument at subsequent meetings that were attended by the Salvos, their attorney Edmund C. Smith, concerned neighbors and City Councillor Mark Blair, Ward 7. 6. Neighbors opposed to the proposed development raised concerns regarding the hazards of water runoff from and through the site, flooding on the site, damage to marsh-dwelling wildlife, traffic safety from cars exiting onto and entering from Loring Avenue, preservation of wetland and neighborhood density. Among those who appeared and spoke in opposition to the proposals were: Loretta and Randall Wieting, Robert Mackay, Cathy O'Donnell, Gerogette Gay, Anthony Zarkades, Gene McCarthy and Ward 7 City Councillor Mark Blair. 7. Friends and neighbors speaking in support of the proposal argued that the development would improve a vacant lot, that the Salvos had obtained permits from relevant state agencies regarding traffic flow and conservation issues, and that the construction of housing of properties on the site would contribute to overall tax revenue in the City of Salem. Among those who spoke in favor of the petitioners were: Arthur King, Victoria Kulik, Clayton Smith, George Levesque, Robert Blenkhorn and Gary Pierce. Steve Salvo and Tony Salvo, father and uncle to the petitioner also argued in support of the petitioners. 8. In May the Zoning Board solicited an opinion from William Lundrergan, City Solicitor, regarding the legality of hearing the Salvo petitions while the outcome of the Salvos' appeal was pending. The City Solicitor issued an opinion on that subject on June 8, 1999. DECISION OF THE PETITION OF TIMOTHY & AMY SALVO REQUESTING A WETLANDS AND FLOOD HAZARD VARIANCE FOR THE PROPERTY LOCATED AT 265 LORING AVENUE R-1 page four See letter of William Lundregan to Nina Cohen. The Zoning Board also received notice from Craig L. Wheeler, of this opposition to the issuance of a variance under Section 7- 16 (g) of the ordinance. See letter of Craig Wheeler to Nina Cohen, dated April 16,1999. The Salvos vigorously opposed these positions in correspondence directed to the Zoning Board from Attorney Edmund C. Smith and in open argument. 9. The Zoning Board of Appeal did not make specific findings regarding the issues of traffic safety, water runoff and flooding, or conservation raised by the neighbors in opposition to petitioners. On the basis of the above findings of fact, and on the evidence presented at the hearings, the Board of Appeal concludes as follows: 1. Petitioners have shown good and sufficient cause. 2. Failure to grant a Variance would result in exceptional hardship to the applicant, 3. The granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expenses, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances; On the basis of the above findings of fact, and on the presented at the hearing, the Zoning Board of Appeal voted 4 in favor and 1 in opposition, to grant the variances requested subject to the following conditions; 1. Petitioner shall comply with all city and state statures, ordinances, codes and regulations. 2.All construction shall be done as per the plans and dimensions submitted and approved by the Building Inspector. 3.All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner is to obtain a building permit prior to beginning any construction. DECISION OF THE PETITION OF TIMOTHY & AMY SALVO REQUESTING A VARIANCE/SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 265 LORING AVENUE page five 5. A Certificate of Occupancy is to be obtained. 6. Petitioner shall obtain proper street numbering from the City of Salem Assessors office and shall display said number so as to be visible from the street. 7. Petitioner is to obtain approval from any City Board of Commission having jurisdiction including, but not limited to, the Planning Board and Conservation Commission. 8. DEP Conditions to be adhered to. 9. A 4 ft. wooded fence shall be erected and maintained around the perimeter of the property. 10. Signs shall be posted "No Left Tum" into or out of the property. Variance Granted August 18, 1999 Nina Cohen, Chairman Board of Appeal Us �J of ern q �r1 9 J DECISION OF THE PETITION OF JOYCE SALVO REQUESTING A WETLANDS AND FLOOD HAZARD VARIANCE FOR THE PROPERTY LOCATED AT 265 LORING AVENUE page five 5. A Certificate of Occupancy is to be obtained. 6. Petitioner shall obtain proper street numbering from the City of Salem Assessors office and shall display said number so as to be visible from the street. 7. Petitioner is to obtain approval from any City Board of Commission having jurisdiction including, but not limited to, the Planning Board and Conservation ,. Commission. 8. DEP Conditions to be adhered to. 9. A 4 ft. wooded fence shall be erected and maintained around the perimeter of the property. 10. Signs shall be posted"No Left Tum" into or out of the property. Variance Granted August 18, 1999 Nina Cohen, Chairman Board of Appeal y . DECISION OF THE PETITION OF TIMOTHY & AMY SALVO REQUESTING A WETLANDS AND FLOOD HAZARD VARIANCE FOR THE PROPERTY LOCATED AT 265 LORING AVENUE R-1 page five A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of the MGL Chapter 40A and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to MGL Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the Certificatio of the City Clerk that 20 days have passed an no appeal has been filed, or that if such appeal has been filed, that it has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owners Certificate of Title. G 41 O f T j to %-j r City of ttlPm, ttssttclj sgffs' , 1cE Pnurb of ,AVpeal SLP DECISION OF THE PETITION OF JOYCE SALVO REQUESTING A WETLANDS AND FLOOD HAZARD VARIANCE FOR THE PROPERTY LOCATED AT 265 REAR LORING AVENUE R-1 A hearing on this petition was held on April 21, 1.999 and continued monthly until August 18, 1999 with the following Board Members present: Nina Cohen, Chairman, Ronald Harrison, Michael Ward, Stephen Buczko and Stephen Harris. Notice of the hearing was sent to abutters and others and notices of the hearing were published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. The petitioners are requesting a Variances under Section 7-16 (g) of the Zoning Ordinance to construct a single family dwelling on the property located at 265 Rear Loring Avenue also known as Lot 317 Pierce Road located in an R-1 zone. Section 7-16 (g) of the Ordinance states; A variance may be granted from the provision of this section in accordance with the terms of this zoning ordinance and with the terms of Massachusetts General Laws, Chapter 40A, Section 10, but only upon the following additional terms and conditions: (1) A special permit has been applied for in accordance with this section and has been denied. (2) The board of appeals shall only grant a variance from the provisions of this section upon: a. A showing of good and sufficient cause* b. A determination that failure to grant a variance would result in exceptional hardship to the applicant;* c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expenses, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances;* and d. A determination that the variance is the minimum necessary to afford relief.* (3) Along with the petition for a variance hereunder, the petitioner shall file; a. A written report describing the proposed development or use relative to the conditions in this subsection (g); b. The special permit application as filed with the planning board; c. A copy of the planning board decision relative to the Special Permit The board of appeals shall establish a hearing on the petition under the provisions of Chapter 40A of the Massachusetts General Laws and in accordance with the board's v11 iSI_I-1 Or N� ♦ C�tii $ OFFit DECISION OF THE PETITION OF JOYCE SALVO REQUESTING A WETLANDS AND FLOOD HAZARD VARIANCE FOR THE PROPERTY LOCATED AT 265M9 SEP — I A I REAR LORING AVENUE R-1 page two administration rules, section 9-3 of this ordinance, and shall notify the planning board, city engineer, board of health, conservation commission and historical commission of said hearing. The board of appeals shall notify the applicant in writing of its decision on the petition. In the event a variance is granted,the board shall document in its decision the nature of the variance from the provisions of the wetlands and flood hazard districts as well as the grounds for its granting. A variance from the flood hazard district shall include the following statement; " The construction of a structure below the base flood level increases risks to life and property and will result in increased premium rates for flood insurance up to amounts as high as 525.00 for$100.00 of insurance coverage". The board of appeals shall, as a condition of the variance,require that a copy of the variance be recorded by the applicant at the registry of deeds. The Variance, which has been requested, may be granted upon a finding by this Board that: 1. Special conditions and circumstances exist which especially affect the land, building or structures involved and which are not generally affecting other lands, buildings and structures involved. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 3. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the purpose of the Ordinance. The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plans,makes the following findings of facts: 1. Petitioner Tim Salvo is seeking a variance for a Special Wetland Permit pursuant to Article VI 1, Section 7-16 (g) of the Zoning Ordinance in order to build a single family home on the lot at 265 Loring Avenue , also known as Lot 4316 Pierce Road. 2. Petitioner Joyce Salvo is seeking a variance pursuant to Art. VIII, Section 7-16 (g) to construct a single family house at 265 Rear Loring Ave., also known as Lot#317 Pierce Road. SALEM. MA CL`"cRt("S OFFICE DECISION OF THE PETITION OF JOYCE SALVO REQUESTING A WETLANDS AND FLOOD HAZARD VARIANCE FOR THE PROPERTY LOCATED AT 264 i1: S REAR LORING AVENUE. R-1 19590 — 1 page three 3. Both petitioners' properties lie within the Wetlands District Buffer Zone as defined by the Salem Zoning Ordinance. The properties are also within the Flood Hazard District as defined by the Ordinance. As such, the proposed development could have been approved by the City of Salem Planning Board. The Salvos applied to the City of Salem Planning Board for special permits pursuant to Section 7-16 (c) of the Ordinance, which gives the Planning Board authority to grant a special permit to construct homes within the Wetlands and Floor Hazard District. 4. The Planning Board denied the Salvos application for special permits pursuant to Section 7-16 (c). See decision of the Planning Board dated February 28, 1997. The Salvos appealed the decision of the Planning Board, and the parties anticipate a trial on this appeal in September 1999. . 5. Notwithstanding, the pendency of the Salvos' appeals, the Zoning Board of Appeals heard argument at its May 19, 1999 general meeting on the question whether two variances could be issued to the Salvos pursuant to Section 7- 16(8) of the Ordinance. The Zoning Board also heard argument at subsequent meetings that were attended by the Salvos, their attorney Edmund C. Smith, concerned neighbors and City Councillor Mark Blair, Ward 7. 6. Neighbors opposed to the proposed development raised concerns regarding the hazards of water runoff from and through the site, flooding on the site, damage to marsh—dwelling wildlife, traffic safety from cars exiting onto and entering from Loring Avenue, preservation of wetland and neighborhood density. Among those who appeared and spoke in opposition to the proposals were: Loretta and Randall Wieting, Robert Mackay, Cathy O'Donnell, Gerogette Gay, Anthony Zarkades, Gene McCarthy and Ward 7 City Councillor Mark Blair. 7. Friends and neighbors speaking in support of the proposal argued that the development would improve a vacant lot, that the Salvos had obtained permits from relevant state agencies regarding traffic flow and conservation issues, and that the construction of housing of properties on the site would contribute to overall tax revenue in the City of Salem. Among those who spoke in favor of the petitioners were: Arthur King, Victoria Kulik, Clayton Smith, George Levesque, Robert Blenkhom and Gary Pierce. Steve Salvo and Tony Salvo, father and uncle to the petitioner also argued in support of the petitioners. 8. In May the Zoning Board solicited an opinion from William Lundrergan, City Solicitor, regarding the legality of hearing the Salvo petitions while the outcome of the Salvos' appeal was pending. The City Solicitor issued an opinion on that subject on June 8, 1999. 0 DECISION OF THE PETITION OF JOYCE SALVO REQUESTING A WETLANDS AND FLOOD HAZARD VARIANCE FOR THE PROPERTY LOCATED AT 265 REAR LORING AVENUE R-1 page four See letter of William Lundregan to Nina Cohen. The Zoning Board also received notice from Craig L. Wheeler, of this opposition to the issuance of a variance under Section 7- 16 (g) of the ordinance. See letter of Craig Wheeler to Nina Cohen, dated April 16,1999. The Salvos vigorously opposed these positions in correspondence directed to the Zoning Board from Attorney Edmund C. Smith and in open argument. 9. The Zoning Board of Appeal did not make specific findings regarding the issues of traffic safety, water runoff and flooding, or conservation raised by the neighbors in opposition to petitioners. On the basis of the above findings of fact, and on the evidence presented at the hearings, the Board of Appeal concludes as follows: 1. Special conditions do not exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would not involve substantial hardship to the petitioner. 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the Ordinance. On the basis of the above findings of fact, and on the presented at the hearing, the Zoning Board of Appeal unanimously, 0-5, against the motion to grant, having failed to gamer the required four affirmative votes to pass, the motion is defeated and the petition is denied. PETITION DENIED August 18, 1999 6& Nina Cohen, Chairman Board of Appeal DECISION OF THE PETITION OF JOYCE SALVO REQUESTING A WETLANDS AND FLOOD HAZARD VARIANCE FOR THE PROPERTY LOCATED AT 265 REAR LORING AVENUE R-1 page five A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of the MGL Chapter 40A and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to MGL Chapter 40A, Section 11, the Variance or Special Permit granted herein-shall not take effect until a copy of the decision bearing the Certificatio of the City Clerk that 20 days have passed an no appeal has been filed, or that if such appeal has been filed,that it has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owners Certificate of Title. -v r C:)r C-)' M:3: Ln l CITY OF SALEM, MASSACHUSETTS PLANNING DEPARTMENT CRAIG L. WHEELER eco r ONE SALEM GREEN City Planner 3� m 01970 sl (978) 745-9595 Ext. 311 Fax (978) 740-0404 April 16, 1999 Nina Cohen, Chairman Salem Zoning Board of Appeals 22 Chestnut Street Salem, MA 01970 RE: 265 Loring Avenue—Petitions of Timothy and Amy Salvo and Joyce Salvo Dear Chairman Cohen: The Planning Board discussed the two petitions before your Zoning Board of Appeals for the property located at 265 Loring Avenue at their April 15, 1999 meeting. Both petitions request a permit for a Special Wetland Permit. The Salem Zoning Ordinance states in Section 7-16, Wetlands and flood hazard districts that, "any uses permitted in the portions of the zoning districts so overlaid may be permitted as an exception if authorized by special permit by the Planning Board". Both petitions regarding a request for a Special Wetland Permit must be filed before the Planning Board for special permit approval. The Zoning Board of Appeals cannot grant a permit for a Special Wetland Permit. In addition, the petition from Joyce Salvo for a variance from the construction of a paper street (Pierce Street) cannot be granted by the Zoning Board of Appeals. The Planning Board, according to the Salem Subdivision Regulations, has jurisdiction over the access to lots. As stated in the Salem Subdivision Regulations, "The Planning Board under the subdivision control law, shall be exercised with due regard for the provision of adequate access to all of the lots in a subdivision .....". The petition to not construct a paper street pertains to access to a lot, which is the jurisdiction of the Planning Board. The Zoning Board of Appeals cannot grant a variance from the construction of a paper street(Pierce Street). Both of the issues discussed above should not be before the Zoning Board of Appeals for approval. The applicant should apply with the Planning Board in order to conduct a public hearing on these issues. I have spoken to City Solicitor Bill Lundregan concerning these issues. Any. Lundregan stated that the applicant is currently before the Land Court in litigation with the City of Salem. Prior to hearing the requests before your Board, the Planning Department and the Planning Board recommends that you request a legal opinion from the City Solicitor regarding the appropriateness of the petitions before your Board. Zoning Board of Appeals April 16, 1999-2 I hope this information is helpful to you. Please contact me at the Salem Planning Department at 745-9595,extension 311 if you have any questions or if I may be of further assistance. Sincerely, Craig Wheeler City Planner .r EoP 4dw 5— Z VOLUME TRACT SLOPE FROM SUBTRACT NET CROSS -CUBIC YARDS EA IF VEE - 20' EE AREA IF SECTION FROM 6' EASE. 15' < 15' AREA TO_iY SE. 0.50 0.25 63.50 217 12.5 93 363 . n G 1 4nn -?f i y Coo OG/ CITY OF SALEM - MASSACHUSETTS WILLIAM J.LUNDREGAN Legal Department JOHN D.KEENAN City Solicitor 93 Washington Street Assistant City Solicitor 87 Washington Street Salem, Massachusetts 01970 60 Washington Street Tel:978-741-3888 Tel:978-741-4453 Fax:978-741-8110 Fax:978-740-0072 Memo to : Nina V. Cohen, Chairman Zoning Board of Appeals From: William J. Lundregan, City Solicitor Dated: June 8 , 1999 RE: Salvo Petitions I am in receipt Of your letter to me dated May 26, 1999 regarding the latest petitions of Timothy and Amy Salvo, and Joyce Salvo, in which you ask the following questions : (A) whether the Board canx e crcise jurisdiction to grant a petitioner ' s request to issue a "Special Wetland Permit" under Article VII , Section 7-16 (g) , to allow private homes to be constructed on the subject property while the petitioners are simultaneously pursuing an appeal of the Planning Board' s decision denying such permits and prior to any resolution of the appeal by the Land Court; and (B) whether the Board can exercise jurisdiction to grant a petitioner' s request to issue a "Variance from the construction of a paper street" under the same provision while the petitioners are pursuing an appeal of the Planning Board' s decision denying such relief and prior to any resolution of the appeal . 1 I am also in receipt of copies of letters to you from Craig Wheeler, Edmund Smith, Esq. , and James M. Fleming, Esq. , all weighing in on these issues . I have reviewed the arguments raised in the said letters, and the applicable provisions of the City of Salem Zoning Ordinance, and I have concluded that Craig Wheeler is correct : the Planning Board has jurisdiction over both petitions, and not the Zoning Board of Appeals . Regarding the g g matter of Timothy and Amy Salvo ' s application for a Special Wetlands Permit , please be advised that the Salem Zoning Ordinance states, in Section 7-16, "Wetlands and flood hazard districts, " in subsection (c) , "Permitted uses, " that : Any uses permitted in the portions of the zoning districts so overlaid may be permitted as an exception if authorized by special permit by the planning board . . . . (Emphasis added. ) Thus, it is clear that the Zoning Board of Appeals cannot grant a Special Wetlands Permit . The argument pressed by Attorneys Smith and Fleming, that since the Planning Board previously denied the Salvos ' application for a Special Wetlands Permit, they may now apply for a variance pursuant to Section 7-16 (g) , ignores the fact that the Salvos ' appealed the Planning Board' s decision to the Land Court, wherefore that Court now has exclusive jurisdiction over this matter. The Zoning Board may not exercise simultaneous jurisdiction over a matter that has been committed to the Courts_ . And if the Salvos wish s to bring an entirely new application, then, pursuant to Section 7-16 (c) , they must first apply to the Planning Board. Thus, either way, the Zoning Board of Appeals has no jurisdiction over the Salvos ' present application for a Special Wetlands Permit . 2 Regarding the matter of Joyce Salvo' s application for a variance from the construction of an access road over a paper street (Pierce Street) to Lot 317, please be advised that according to the Salem Subdivision Regulations, the Planning Board has exclusive jurisdiction over the question of access to lots within a subdivision. Attorney Fleming presses the same argument on behalf of Joyce Salvo' s right to seek relief from the Zoning Board of Appeals as he urged on behalf of the petition brought by Timothy and Amy Salvo, and that argument fails here as well , for the same reason: the Salvos appealed the Planning Board' s decision to the Land Court, wherefore that Court now has exclusive jurisdiction over this matter. Attorney Smith argues that Ms . Salvo may a private rivate access road as a matter of right, pursuant to Section 7- 16 (c) (8) (c) of the Zoning Ordinance, and that, since construction of the road upon Pierce Road is not possible, the Zoning Board of Appeals has the power to waive this requirement . Please be advised that this argument involves one of the very issues that is presently pending before the Land Court, and it would be presumptuous (and of doubtful legality) for the Zoning Board of Appeals to attempt to usurp the Court ' s prerogative in this matter. Moreover, Attorney Smith' s argument is simply wrong as a matter of substantive law. In a memorandum filed in the Land Court case, the Salvos erroneously argue that : The plaintiffs ' need a special permit to build the single family residences authorized for R-1 zones . However, construction of single family homes is permitted as an exception to the overriding wetlands regulations. No other regulations apply, since they may otherwise build as of right, provided they have legal "access" . (Plaintiffs ' memorandum, at p. 8 , emphasis in the original . ) 3 The argument is fallacious . First , the plaintiffs admit that they need a special permit in order to build; but it is 'well-settled that nobody has a right to a special permit . Indeed, a board it is free to deny a special permit even if the facts show that such a permit could have been lawfully granted. Humble Oil & Refining Co. v. Board of Appeals, 360 Mass 604 (1971) ; Pioneer Home Sponsors, Inc. v. Board of Appeals, 1 Mass .App.Ct . 830 (1973) . Secondly, the Zoning Ordinance, itself, forbids any suggestion that the plaintiffs have a right to build upon their lots . Again, Section 7-16, "Wetlands and flood hazard districts, " at subsection (c) , "Permitted uses, " provides, in pertinent part, that : The wetlands and flood hazard districts shall be considered as overlying other zoning districts . Any uses permitted in the portions of the zoning districts so overlaid may be permitted as an exception if authorized by a special permit by the planning board (see subsections (d) and (e) below) . . . . (Emphasis added. ) Lest there be any doubt about the discretionary nature of the relief authorized by Section 7-16, Article II , "Definitions, " Section 2-1, "General Rules, " declares, in pertinent part, that, " (t) he word shall is mandatory; the word may is permissive" (emphasis in the original) . The end result is this : one may construct a single-family residence in an R-1 district as of right; however, if such R-1 district is overlain by a wetlands and flood hazard district, then one may only build upon obtaining a special permit from the Planning Board. In their Land Court memorandum, the Salvos also attempt to derive a "right" to build from subsection (8) of Section 7-16 (c) , which does permit, as of right : " (p) rivate paved driveways serving a single-family residence where alternative means of access are 4 inappropriate and not reasonably feasible . " The problem with the Salvos ' argument is that the construction of a single-family residence is not among the enumerated uses that an owner may enjoy as of right ; as we have seen, it is among those uses which the Planning Board "may" allow by special permit . Thus, the Salvos have no "right" to construct their project, and the Zoning Board of Appeals cannot now grant Joyce Salvo a variance from the construction of an access road over a paper street (Pierce Street) to Lot 317 . I hope the foregoing has been of assistance . If you have any further questions or concerns, please do not hesitate to contact this office. Thank you. 5 r� �� .. a, - . �: .�, -� �- .� ,,. 4 ��� ' 1 y '` � �! � ` � , � . ' � �. _-�_ .__..�v�_��._e_-=_-_.- 1-. -- =.. - ._ _ =�'S g . . �, -_ �: r. -� .00 A_0--_ FOR T C o : ���� E ✓ Q _0cus to 1000' , to - ��� _ AT J4 4 o CITY OF S A LE Mv RANDALL G . off . WIETING - ' -- dY v'd� G� � � r s A r!zo A 41Pr 7 • T 31 A-7 l � 61218 S.F. ! 9,000 S.F. 8 1 ' 1 ' 1 218 SAF LEG Elm u o, ••. ,,40 A.24 BERNICE B. '� • ' �'"2 . 40, _ . . _ O-NEIL 3 � � . o SEWER MANHOLE - .PROP. 3O• x 3S ' � • •. '- �` � 9 � �� HAM MERRHrAD ` ,2�� 9 '� �--- 10 1EXiSfING EW LI E -1VRN� RW1VoSEWER N s f' . Z ROBERT\ F. - /S EXISTING TOPOGRAPHY MACKEY 40 PROPOSED TOPOGRAPHY � ti iz �� _ x EXISTING SPOT ELEVATION . PROPOSED SPOT ELEVATION •. . ,�. 8 ,� PAU L I N E ,� �, � \ GAL rttj L�0 o - � WETLAND BOUNDARY FLAGGING ��. - • •• • eco � T. 6 . . . . .rI � lo 4e lop DIRECTION OF DRAINAGE A \E —0 0 UTILITY POLE WITH GUY WIRE x� GUARD RAIL Cl/RB G!/T ANL? PRIMO VA;K ApnwOACIV �- - 7-0 �Bz- TET R - � � E /N�"1� Y STA TE O P ANTH . . w. _ oN� � -- WETLAND , AREA t �3 ZARKADES01 , ti oWe EDGE OF SALT MARSH WETLANDGARY- _ R . TOP SLOPE ( BANK ) R E W H A R EDGE ISOLATED WETLAND o 100_ BUFFER ZONE ( SALT" MARSH ) q � APPROX . LIMIT F 00 LEVEL 15. 36 'ZONE A - 3 W a 100 BUFFER ZONE ( ISOLATED WETLANDS c _ W � PROPOSED DWELLING N WATER LINE ws WATER SERVICE ( 2LINES ss SEWER SERVICE ( 6 P. V•C• i Q ' f� C O L til _ . o . RD* HAYBALES - S7 M/N 3 _ stro�E' � L to SO CROSS SECTION OF DRIVEWAY ' NOT TO SCALE V. C. ^/G r It •'' T OR- 004 p oo _ � g . . . M y o - N w h N S O 3t 00 f Z.O�O *So G ,APH1 G� SCAL 'PROFILE . F PROPOSED DRIVEWAY' - NOT TO SCALE • A .. •„ 1. .. , +e. 4.5' STADES & 81 A.C. • i 3 M1 W1DB AFI IR FABRIC. Lt _ver S t _ OR f.OUAL . . Get �#�• c � t.�cc W e 1 . vertical tats V40 t>1iyiG?!lIJIZL. A424 t2ss.c, aki1o� FO A) L f.� O A.. vire or nylon �Q �lor '�1�'sbound bales ^ �t \ placcA on the F LOCUS 1" = 1000' contour rox� ���! `=►` -� .�A FO t REGISTRY OF DEEDS USE ONLY �` /V --..�•� r 7 rrbars, steel,pickets, or .� �.1 IVr6N �• Z• s 2• stakes 1 1/2• to 20 .. alit �� !n ground • , `� ,� AIIQOR!!IC DRliZL ED HAY*OR STRAW EROSION CA t - ,�., . �, T CKS -0 • � \�jQ� NOT TO SCALE- IV/ i� "�° _ pyo CITY OF ' a0 NOTES �s,s .o "SALEM /� --- _ NAP r7•ING 't �rp -- Still h �,p \ th 1. CONTOUR INTERVAL = ' rH N , � �j► ?rT 2 I. S 2. ELEVATIONS REFER TO SALEM CITY BASE M.L.W. WHICH IS y.. 44 ilk 4.36' BELOW MEAN SEA LEVEL. ••��--���,, LOT ale - \ �'' / \ ^�� ?` 1-�Kc.LlEC'T � �iooa - 3. FEDERAL FLOOD ELEVATION CITY OF SALEM BASE = 15.36 let 6g8 o ' ti b, S F s yd �!}� A 2�tAc � 1M.S.L. DATUM ELEVATION = 11.00 � tab4. EXTREME HIGH WATER ELEVATION = 11.7 (SALEM BASE). 1 r Ta• • ' Q 6,218 S V. t NSF S-CA ' / 9.00oSF.� 5. LOT 316 SHALL CONVEY AN 80' WIDE PORTION THE EASTERLY BOUND STAFFORD � -Y� •`f 1 X218 SE o, r✓• ! �� CONTAMING 9000 S.F� -TO LOT 317. 45' m Mcg �. 4 / 1 �• >t +r, '� �,�v� - L E C7 E N © N/F DVM `"4,Q,� z .4 A'� .¢S S. LOCATION OF :DWELLINGS AND DRIVES FOR CONCEPTUAL PURPO: ES AS - � a �, �iYY• -.� ..'r' �" ?• e+�t ONLY AND ARE SUBJECT TO CHANGE . ® SEWER MANHOLE ,� ` �, /ice ,' •6 10 7. WETLAND FLAGGING BY IE.P- INC.. OF NORTHBOROUGH, MASS. r S EXISTING SEWER LINE •n �� '•• _ `lL. 8. ALL CONSTRUCTION TO CONFORM TO RULES B REGULATIONS OF THE ROBERT F. = .�r� SALEM PLANNING BOARD AND SPECIFICATIONS AS SET FORTH BY - -•/5--- EXISTING TOPOGRAPHY , iVIACKEY �p w -•�* THE SALEM D.P. W. (PIERCE RD. CONSTRUCTION TO BE WAIVED IN AEU OF r 100 YEAR PROJECTED _ lyq �,• _ ,� PAVED DRIVEWAY TO SERVE LOTS 316 AND 317.) FLOOD AREA N N o s . q Z 9. THRUST BLOCKS AS APPROVED BY SALEM D.P.W. TO BE PLAC :D AT /*x5 'EXISTING SPOT ELEVATION R'� • '�- _ . �'�� - �� �'' 1, ,� _ �' �i .• .>G ALL BENDS AND TEES IN THE WATER MAIN. _ PROPOSED SPOT ELEVATION PAULINE ,rte'`� w,� ,� ` a• �1 • �F -....... `` a � - . U _ _ _-- - _ .-;LOT-316 SHALL-Cc�NV`Y-A� EASEIwEN'T TO LO T 317.; .6A-e WETLAND BOUNDARY FLAGGING \GALLO �� E --- - _ _ • _DIRECTION OF DRAINAGE *�� A 11. ZONING : R F-'- UTILITY POLE WITH GUY WIRE N. - *� 12. TEST PIT LOCATING ACTUAL LOCATION OF EXISTING 30" SEWER LINE GUARD RAIL �� ;A- -� wo �. TO BE DUG PRIOR TO ANY CONSTRUCTION AND RESULTS ARE TO BE �•-S•�- r _�' `. RaE DET£RA41MFDJ?Y STAT£ O.-MW REVIEWED BY REGISTERED PROFESSIONAL ENGINEER TO ASS1 'RE ANTH�NIf;�,_ ,.. ,,133 ..• _~} .r. r FEASABILITY OF THIS DESIGN. WETLAND AREA ZARKADES ti . tib, '. t - EDGE OF SALT MARSH WETLAND 13. HAYBALES SHALL BE 'PLACED ALONG PERIMETER OF ISOLATED WETLANDS. GARY R. � - - TOP SLOPE (BANK) WHEAR /�w �i 14. HAYBALES AND MIRAFI FABRIC SHALL BE PLACED ALONG T ►P OF --- FDGE ISOLATED WETLAND �� EXISTING BANK AND EXTEND BEYOND CONSTRUCTION AREA A• • BOTH - Ir ENDS AS DETERMINED BY CONSERVATION COMMISSION . 100' BUFFER , ZONE (SALT MARSH) •-•-•-•- APPROX. LIMIT OF FLOOD LEVEL - 15.36 ZONE A-3 v 15. NOTICE OF INTENT FORM EASED ON WETLAND DETERMINATI DN REPORT r ? BY I.E.P. INC. DATED JULY 27, 1988 . -- --- - 100' BUFFER ZONE ( ISOLATED WETLAND ) t - 16• .DRIVEWAY TO BE AT EXISTING GROUND ELEVATION ON SIDE OF ABUTTOF 3 AND, PROPOSED DWELLING d SLOPE AWAY FROM ABUTTORS LAND TO ALLOW OVERLAND RUNOFF TO CONTINUE AS PRIOR TO CONSTRUCTION. w WATER LINE N ; 17. HAYBALES TO BE STAKED ALONG GRADE LINES FOR EROSION CONI ROL. ' --«►s WATER SERVICE ( Z"LINE ) 18. PROPOSED SLOPES TO BE HYDROLOGICALLY COMPACTED FILL, ANC 6" LOAM l nr AND SEED. ss SEWER SERVICE (6•Pfl-0 1,N CO L N 19. WEITING PROPERTY AND IMPROVEMENTS FROM PLAN BY •► RD• v n,e,t,.�vwy R.W. REID, P.L.S. DATED '12/20/84. v * HAYBALES ,o„� Exp ,�•� 20. PROPOSED BUILDINGS ARE TO BE SET ON REINFORCED CONCRE' E COLUMNS v, WITH PARKING UNDER AT EXISTING GRADE. 4► M n .. x" � /rr♦ d � � MIN. 2.oyo .•�-� MAX 5:1 - is"e o u� se L04A4 t 5456D E>'x API 3� CROSS SECTION OF DRIVEWAY REVISIONS NOT TO SCALE DEFINITI PAN I. FEEL Ii, 1997 - CHANGED THICKNESS PIERCE ROAD OF DRIVEWAY PAVEMENT; ADDED SALEM MA iSAC:H USETTS • BLUE TINT TO ISOLATED WETLAND. c., FerosEa Dyer✓E►�/ay ¢ (re see v X10= •1srz�E OWNER: JOYCE P. SALVO CARTER 8t TOWERS ENG'G. CORP. •. . 'h� sc.o� %4 MI Fr. 70 SCALE : I" 40' 6 FAIRVIEW AVENUE sow s+r�. a _ DATE : SEPTEMBER 12919818 SWAMPSCOTT, MASS. 01907 _ • • sro: tour i RASED .Tt/I1tF 6 /990 �d�MA'T?ea! t, ;�.��''� \ �� �s,,, /990 AND 11 x-W-9L AOo 72ow�11L it.J a. •'1� ��, vy n "RTER APPLICATION FILED: d jesvio SALEM PLANNING BOARD: 0 N 0 r Q N N d-d• d; c� �, "' N N LJ N, Nu sus ro � a ' "• il FINAL PLAN FILED: -sMf 3toa t•oo iso Loo fro oroo 1!� '`�Si0HA1.��6 . • HEARING DATE: G P C SCALE PROFILE OF PROPOSED DRIVEWAY O 20 40 60 80 120 160 PLAN APPROVED: NOT TO SCALE ' A P" :YE - roT - o z Ocus Doo 10% l ti 1" 10 C I �' Y OF S A LE t' RANDALL G . % Ilk�� _ a V c/ WIETING o ECT Loo •. �O zr teap A s 17, r',1• jos •. • _,� . OT 3� ty 6 218 S.FI 91000 S.F. r - $ ,218 SF�3 0 1 • L E D i • ' 2 BERNICE B. �. ' • 60 ONEIL ' V W E MANHOLE L E � PROP. 30 x 3s ' � � SEWER NH0 • .• ., � 9 � � .._ r Ob HAM M10 s -EXISTING SEWER LINE �RN,aRauivo s ROBERT\ F. - .._._._/9 -�-�. EXISTING TOPOGRAPHY MACKEY111,11111, Ito NO •• • I , 1p PROPOSED TOPOGRAPHY •, _ . � EXISTING SPOT ELEVATION , �= • • . t� , r� /fix S ,�- PROPOSED SPOT ELEVATION PAULI NE • :P ' -�, �8 • E / AA. 5 WETLAND BOUNDARY FLAGGING L DIRECTION OF DRAT N AGEjjlij �j �, • o a UTILITY POLE WITH GUY WIRE a R�vEwA � . _� . - .• GUARD RAIL � �� - , � � _. , . . cvRB CUT _AND � A Y �Ro,RcN A N T H O N . " TQ Em— 0Z 46 RM/Nk"D p r STATE / ` WETLAND AREA - . J� T ZARKADES - WETLAND EDGE OF SALT MARSH RSH � - GARY R . ' z y _ _ TDP SLOPE ( BANK ) . ,� W H EAR /� � Vol _ f — •— EDGE ISOLATED WETLAND h . _ . . . . . . . . . . . . . . . . . . ... 100 BUFFER ZONE ( SALT MARSH .) _ - a q P W v - -• — • — • - -- APPROX . LIMIT OF FLOOD LEVEL 15. 36 ZONE A - 5 W ^— — -- -= — — 100 BUFFER ZONE - ( ISOLATED WETLANDS PROPOSED DWELLING _ WATER LINE ws- WATER SERVICE t LINE SERVICE 6 " P✓•C• ss SEWERINCOLN Q RD* NOW 19 cap HAYBALES y i N 8T c ,vt 8. 6P �2 ~B•QN,� , LoAf:w S�,a V. C. . SO ;'� CROSS SECTION OF DRIVEWAY NOT TO SCALE ab t ., . ab FA 3t� f Z*vo fso 1+00 fats o*oo G P,H1C SCAL 7:7771 .. PROFILE OF PROPOSED DRIVEWAY r. t O41�w NOT T C L ' . S E 0 _. . A . - . v T 40040 _OCUS 1 1000, 401P � - � o ' s CITY . OF it's SALEM / 4 000 RANDALL G . �` �c - oil lot WiETING .. fix pea E C�' �Looa 5p A T 3149P 17) y '¢ 6218 S.F. ! 9 000 S.F. r 8 - 218 SF y 24'L Et G BERNICE B. / . '� ' �. + • . _ ONEIL _ _ . • r V . - (& SEWER MANHOLE PROP. 30' x 3s' • •. , � 9 _ NAM MERHrAD . • �2�� • • ,- .b S JXISTI NG SEWER LINE TURIVAR 1V0 ` S IT" f ROBERT\ E. 14 r ....._....�5'---- EXISTING TOPOGRAPHY MACKEYsee •• . - � - . PROPOSED TOPOGRAPHY - - *x EXISTING SPOT ELEVATION �- • • P � • o PROPOSED SPOT ELEVATION PAULI NE ,�� • '• . - � '°�,��, �� � `,� E / cE O • . • o A - WETLAND BOUNDARY FLAGGING T,�:%s- 5 • • • • . . . • • • - DIRECTION OF DRAINAGE UTILITY POLE WITH GUY WIRE � � � � VL � GUARD RAIL �� �f � vrPB CVr ANt� PR/r/E7� A Y A�RcOcq o. AN T HON1�` Y TO 8,E DETERM/NE"h ?Y STA TE O• />M/ = _ .... • `_ 133 - _ WETLAND AREA ZARKADES EDGE OF SALT MARSH WETLAND GARY R . TOP SLOPE ( BANK ) . WHEAR �. — •— EDGE ISOLATED WETLAND h J 0 100 BUFFER ZONE ( SALT MARSH ) - • --- - --- •-- • - APPROX . LIMIT OF FLOOD LEVEL - 15. 36 ZONE A - 3 - W 100' BUFFER ZONE - ( ISOLATED WETLANDS PROPOSED DWELLING WATER LINE . N WATER SERVICE ( a LINE ) h SERVICE f 6 ~ P. C . ss SEWERINCOLNQ O RDO HAYBALES _ _ e%vim AVE' ,� s• '6 • 8T awc ' 8. .� • �2 ~B,qN,� - , 4 oAr•f,►SEF_ V. G. SO �•b CROSS SECTION OF DRIVEWAY Vl� �d V _ NOT TO SCALE f f fin �, V V Q, - b oRA IN N # 3f 4o f y.00 #S0 ♦CC fSn Ot 00 - G c - CAS �Pkt1 S PROFILE, : oF PROPOSED DRIVE A771Ij20 -40 NOT , T 0A S L C E T Qom✓ - . . 9S 0 ocus ! " 1000` -4010 ATS �ti /Q 7 • r zrt� • a CITY OF � o SALEM / -� RANDALL G . ,` j` _ _ W1ETING .. a= �•�,� �� I A-& . • y : olp OT 31 6 218 S.F ! %91000 S.F. ., s E ,218 SAF 3 0 LEG E BERN I CE B. . ' �_ • . ' 2116 E _- O N E I L 3 •.•• _ Q _ • , _ 0 SEWER MANHOLE _ PROP. 30•x 3S • . ;, , v _ HaM ME'RHrAD ,b • • 2 � . • �_ 10 ( S EXISTING SEWER LINE �MARWAID � •• .. - S f` ` ROBERT\ F. _ • ._ ` • - �Z ¢ . =_ ---/5-- --- - EXISTING TOPOGRAPHY '� •. MACKEY V ID 4p PROPOSED TOPOGRAPHY •, z ti _ 39 /fix S EXISTING SPOT ELEVATION � � , � �_ _. . • • • .. -- . -- � • � PROPOSED SPOT ELEVATION PAU L I N E f •• �-�, lei, ,r► ,,�P , .� Bio • . . E V \ GALL�O � � • • ,,rt • "' y �� •• © A WETLAND BOUNDARY FLAGGING %♦ , , �r' . - • • DIRECTION OF DRAINAGE . < de UTILITY POLE WITH GUY WIRE IL � . .—� . v •- GUARD RAIL ` �' k � �' �, C vRB Cl1T .ANS PR1114WA y APPRCW c1,l AN T H O N1� IfTO BE DETCRNI/NE-D �Y STA TE O• Pli(/ V_ WETLAND AREA - 133' Z AR K A DE S ti — EDGE OF SALT MARSH WETLAND GARY R . — — TOP SLOPE ( BANK ) _ w W H EAR EDGE - ISOLATED WETLAND 100 BUFFER ZONE ( SALT M ARSH � _ �` • _ • • . . . . • . . . . . . . . . . . ... P - - APPROX . LIMIT OF FLOOD LEVEL - 15.' 36 E A - 3 ZONE W — — -- - - — — 100 BUFFER ZONE ( ISOLATED WETLANDS Q PROPOSED DWELL ING WATER LINE . N ,s WATER SERVICE t LINE ss SEWER SERVICE 6 P. V.C• COLLA � Q L / N - O � RD*HAYBALES4, IP/NF• AVE" � S• . B•ON,� 6' L L'f>R7 CROSS SECTION OF DRIVEWAY NOT TO SCALE IV V. C. t_ E 1� , a c , FA 00 - Qj f Of 00 , - 4 G APH1 C SCAL 040 PROFILEOF ' PROPOSED DRIVEWAY SC 40 NOT TO A o 20 LE --------- E 400 _oc 1 " Us1000, tf 401 7 0) rt8 s c Vol w- o I CITY OF S A LE I°� / 1K� 'rQ RANDALL G . WIETING co, • A _ t rE /t r- ► � y ty � . � AD t'S:lab T - �' 610218 S.F. ' lot 91000 S.F. 8 ' , 1 1218 SF 3 so • r • • . . y 4- ( L C o, .2 BERN ICE B. • �. • . ONEIL � _ � e,00 r p SEWER MANHOLE PROP. 30 'x 3s ' � � � - = SAM MFRN�AD •• . 2�a 'b �--: 10 S r- EXISTI N.G SEINER LINE 70MARaliUo • •. ` s Z f RODE Ft. -RTo _ — f =_ --- 15� EXISTING G R �' TOPOGRAPHY - MACKEY ss- 621 �► . I PROPOSED TOPOGRAPHY ,,► ti df EXI STING SPOT ELEVATION ` • � _ • • cP • woo- PROPOSED SPOT ELEVATION • . _ - $ * P' I \ GALLO --�� ,,, L) 0 �4 — WETLAND BOUNDARY FLAGGING - ♦ T�-.,6 ' • • ' • •• •� � . . • • w • . . .:- • .� • OF DR N GE • - DIRECTION A :UTILITY l POLE WITH GUY WIRE �� _ --� : GUARD RAIL �\ C R8 C!/T D PRI Vja A Y /��'RA�4C14 t - ANTHONI� TO ,B.E' �ETERMINS'D RY STATE WETLAND AREA � 1331 11 ZARKADES z k _ MARSH WETLAND - . . . .- EDGE OF SALT M SH • . GARY R . TOP . SLOPE ( BANK ) - � , - WHEAR . W/ v� EDGE ISOLATED WETLAND / 00 BUFFER ZONE ( SALT M ARSH ) d �. _. � . � .____. ._ A X . LIMIT OF FLOOD LEVE — — . PP RO 0 L 15. 36 ZONE A 3 W , GsI MINIMUM, Owosso dIss0so 100 BUFFER ZONE ( ISOLATED WETLANDS PROPOSED DWELLING -WATER LINE . N ws WATER . SERVICE t 2 LINE ) Q: - s SEWER SERVICE 6 P. C• � s 1ULINCO • RD* v Pie vlrw 9 y HAYBALES . Ac NJ h Svc q6Q M • N / 3 - - - so CROSS SECTION ' OFDRIVEWAY . I A� NOT TO SCALE Eo IV 5 V. �. so ' rk FA $0 3•t� t rem fso +� fae oroo . t A G ,APH1 C SCAL PROFILE OF PROPOSED DRIVEWAY - 0 20 40 . . ,• .NOT / r .. _ .. t. .. i - - . . .t— r ..,5 .-r-.......e sr+n!!-. .- •. ... _ rns.-rs-...•:w.r"4. . a. - "T "'s*..,+�. ••r„n sr .!.c''71+w'dC _ _� .. _ -_ _ .- ... . . - .. _ _ .. - + ... - - -.--�.- .-+.--� _ ^—.w _ :9ivR-ia•,ca. i"JM1=•• :?'aR� •••tom•' - n. . .rs.y+*�P ice._ .w•- r»•,.r4v>..+ v:�+yq_!w".�',Ia� 'lz.:, .. / 4.5' STA4ES @ 8' O.C. • � 4° �LEMS� - • '• � . •' 31 IFI FABRIC OR t0AL ' -.r. ' ' � •fir 4e ��` f•. vertluI lace a �,rr LOCUS ' Be 'ABIs rlist;itaki- lkimi4 '. '✓ � �" � � �' �' ml re or nylon 40040 a ` flow —��"" : bound bales LGLG 9. A/gT��F„/�,4a ' . • ' Contour R \ � placed on the LOCUS 1" = 1000' Ipxl ��'—� N/P' •7 tc-bars, steel picket, or FOR REGISTRY OF DEEDS USE ONLY 2• x 2' stakes 1 1/2' to 2• _ 1n ground `' _ 'ANCdDAIRC ryTAIL r ED HAY OR STRAW EROSION CHECKS NOT TO SCALE CITY�,.o S A LE M F NOT ES 4 • �� . .. �``' � fro 1. CONTOUR INTERVAL = 2' �F� moi~ �•� i %P 2. ELEVATIONS REFER TO SALEM CITY BASE M.L.W. WHICH IS RANDALL G. ,� �' vlk i - 4.36' BELOW MEAN SEA LEVEL. W I E T I N G _. " A-& 4e,c� - j J 9 �2aJECTEC� �l.00:p / �3. .FEDERAL FLOOD ELEVATION CITY OF SALEM BASE = 15.36 j (M.S.L. DATUM ELEVATION = 11.00of., ) OT 31� � A7 p£S�`QF�� / 4. EXTREME HIGH WATER ELEVATION = 11.7 (SALEM BASE 1 (>,2113 S.F.I / I 9,0005.F 1 2 >s - 5. LOT 316 SHALL CONVEY AN 80' WIDE PORTION THE EASTERLY BOUND I ,218 SF o — `�� 9� CONTAINING 9000 S-F� TO LOT 317. • �t e y L E G E N D •''�, ` � � A"Za ^A' /fE� 6. LOCATION OF DWELLINGS AND DRIVES FOR CONCEPTUAL PURPOSES BERNICE B. _._�,./, ONE[ c P� y� ONLY AND ARE SUBJECT TO CHANGE . ® SEWER MANHOLE PROP 30'x3s' \ ` ''b 9t9T 0 hV 4%13 `. ., 7. WETLAND FLAGGING BY IE.R INC. OF NORTHBOROUGH, MASS. HAMMERHEAD It}e e 1 S EXISTING SEWER LINE 71/RNARWND �� 1 � •• ` S IL �ih ROBERT\, F. F + - -- p , 8. ALL CONSTRUCTION TO CONFORM TO RULES 8► REGULATIONS OF THE EXISTING TOPOGRAPHY MACKEY 1„ SALEM PLANNING BOARD AND SPECIFICATIONS AS SET FORTH BY � ' ' THE SALEM D.P. W. ' - - PROPOSED TOPOGRAPHY `� ��__ 39 _ _ 9. THRUST BLOCKS AS APPROVED BY SALEM D. P.W. TO BE PLACED, AT /¢xs EXISTING SPOT ELEVATION -. , �" '•' / / -1G ALL BENDS AND TEES IN THE WATER MAIN. X8.0 PROPOSED SPOT ELEVATION PAULINE \GALLO ' --�� �`'• - ...- IV* E U 10• .,LOT 316'SKALL CONVEY A 21 W1QE EASEMENT TO LOT 3t7.• oA-8 WETLAND BOUNDARY FLAGGING �` �� F16 C i5* °19 N DIRECTION OF DRAIt`VAGE - ' �ti ���1 A V If. ZONING R- I . UTILITY POLE WITH GUY WIRE +� � � � . . 12. TEST PIT LOCATING ACTUAL LOCATION OF EXISTING 30" SEWER LINE l 'r TO BE DUG PRIOR TO ANY CONSTRUCTION AND RESULTS ARE TO BE GUARD RAIL \�` O �� CURB C!/T ANO DR1VnVA;r A,9 RoOCN ANTHONI� ? �o B DErERMiNc-D 49r srarE .0 REVIEWED BY REGISTERED PROFESSIONAL ENGINEER TO ASSURE WETLAND AREA 133' ZARKADES ti tift y P "'4 FEASABILITY OF THIS DESIGN. � I't Ra:�,�` 13. HAYBALES SHALL -BE -PLACED ALONG PERIMETER OF ISOLATED WETLANDS. — EDGE OF SALT MARSH WETLAND - GARY R. v '� — — TOP SLOPE (BANK ) WHEAR /�N' v, 14. HAYBALES AND MIRAFI FABRIC SHALL BE PLACED ALONG TOP OF --- EDGE ISOLATED WETLAND /h� / EXISTING BANK AND EXTEND BEYOND CONSTRUCTION AREA AT BOTH A ENDS AS DETERMINED BY CONSERVATION COMMISSION . --•••- - •• •-- 100 BUFFER ZONE (SALT MARSH ) Tv 15. NOTICE OF INTENT FORM BASED ON WETLAND DETERMINATION REPORT •—•—•— — APPROX. LIMIT OF FLOOD LEVEL - 15.36 ZONE A-3 _ Wn - BY I.E.P. INC. DATED JULY 279 1968 . ------ -- - 100' BUFFER ZONE ( ISOLATED WETLAND ) Q 16. DRIVEWAY TO BE AT EXISTING GROUND ELEVATION ON SIDE OF ABUTTORS AND. WI SLOPE AWAY FROM ABUTTORS L W V PROPOSED DWELLING � AND TO ALLOW OVERLAND RUNOFF TO � CONTINUE AS PRIOR TO CONSTRUCTION. w WATER LINE 17. HAYBALES TO BE STAKED ALONG GRADE LINES FOR EROSION CONTROL. WATER SERVICE ( Z"LINE ) 18. PROPOSED SLOPES TO BE HYDROLOGICALLY COMPACTED FILL, AND 6" LOAM SS SEWER SERVICE !6�P✓�•� n, • � � AND SEED. LINCOLN � �? e HAYBALES RD. �! e, 2>r1vswAy FiM•sy _-. SLO� R _ ET�7f� ALL pefA,y/C ' �•li1TF.Pip� V.C. sc, s'b CROSS SECTION OF DRIVEWAY NOT TO SCALE DEFINITIVE PLAN 0p� PIERCE R � � OAD SALEM MASSACHUSETTS mac. OWNER: JOYCE R SALVO CARTER 81 TOWERS ENG'G. CORP. sa' �,sf SCALE : I" = 40' 6 FAIRVIEW AVENUE _ DATE : SEPTEMBER �0, 1988 SWAMPSCOTT, MASS. 01907 . /sr,0. M GVs, / 9v R FvtSE-0 JV V F 6 /920 -� ADa,77or.aAL .KJFGRiv!^T1oaJ z a n Sx- V ^ ;` F �✓., , Jr' CARTER SALEM PLANNING BOARD: APPLICATION FILED: G G v V C V AVID CA . 4t % o ? h e No. 26914 w 4 ;+ °° ti h a " �� 'r,�f �� �c I VW 1 FINAL PLAN FILED: BAs �o f vS 3t oo ♦ T•oo ♦sn r•� ♦ate o.oo TER / G APl-IfC SCALE HEARING DATE: PROFILE OF PROPOSED DRIVEWAY PLAN APPROVED: - O 20 44 60 80 120 160 NOT TO SCALE i 0 -4 1< t pI 1 e T At FO R 46s 7 400_OCUS 1 " = 1000` ;00 40 1661�e W.A .00010 F Alf CITY O F Ole �• SALEM 4 � � C RANDALL G . METING19 17) � A '� OT 3 IOF A 7 � � ,�.4 •� / 6 1218 S.F ! 9000 SF g r I ,218 SFS* o - L EGENy D o,�, • • _ 24' '( V BE R N I C E B. �` ' '� , �� A' ' 26 ONEIL r ® SEWER MANHOLE PROP 30 ' x 3Y ' v� 5 98(9 \rl HAM ME"RHE'AD Z� 9 10 4 X I ROS D y 5 F I S T I N G SEWER LINE E �TURN�a N � S ROBERT F. • . ` = _ EXISTING TOPOGRAPHY * MACKEY . � PROPOSED TOPOGRAPHYloe /*xS EXISTING SPOT ELEVATION4tl39 PROPOSED SPOT ELEVATION PAU LI N E ' • • P s'<,�, ,B � A - 8 --- o WETLAND BOUNDARY FLAGGING � �= . - . . • • � • U DIRECTION OF DRAINAGE T I E UTILITY POLE WITH GUY WIRE 16 � 4vff —� - Q - •• GUARD RAIL � k � C 41RB GUT ANo Df2/vEwi4 �' AP�Rc7r9C�,l ANTHONY, - - To BEE DETERA41,V, -D 49Y sT.- TE o. Pw WETLAND AREA 133 ' • ZARKADES EDGE OF SALT MARSH WETLAND TOP SLOPE ( BANK ) GARY R . W H EAR w� EDGE ISOLATED WETLAND c h J _ 100 ' BUFFER ZONEA '� ( S LT MARSH ) � �. A �- ti Y APPROX . LIMIT OF FLOOD LEVEL — 15. 3ra ZONE A - 3 � W — — — — — — 100' BUFFER ZONE ( ISOLATED WETLAND ) f � PROPOSED DWELLING w � WATER LINE ws WATER SERVICE t 42 of LINE SERVICE 6 P. V. } � ss SEWER SE � Q INCOLN Ilk �, � H A Y B A L E S RD. „ .ale c/cr-WRY W ------------- h y „ Misr 3 ' In 2 ,r SLiOPrE' 8�VN.1 ��_L L o9ry,►SES ,QE)�'�Lc SLC C32gy,C. v_ So b CROSS SECTION OF DRIVEWAY so NOT TO SCALE v�` p V. C. so ' Sri Ism 0 k • p N oq o e � M y 1%] - 2 1 N o ti ti N N SMS 3t� ZX11 iso /+oo *50 f 50 O*00 , PROFILE OF PROPOSED DRIVEWAY GRAPM C S CAS IL NOT TO SCALE 0 20 40