PIERCE ROAD - LOTS 316, 317 - BUILDING INSPECTION ,401',$-'316-317 PIERCE ROAD
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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 v,as 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 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
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