0 SZETELA LANE - BUILDING INSPECTION SZETELA '-LANE
y
ll r
f
oNDI .fo CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET. 3RD FLOOR
f SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595
poi FAX: 978-740-9846
KIMBERLEY DRISCOLL 1 A 10: rj$
MAYOR
;ITY ;:i
March 15, 2010
Decision
Petition of SHALLOP LANDING AT COLLINS COVE PARTNERSHIP, LLC
requesting to modify previously granted variances in order to achieve Planning
Board compliance. Modifications are proposed from the following previously
granted relief: minimum lot area, lot width, frontage, depth of front yard, width of
side yard, depth of rear yard, and lot coverage. The modified project includes
construction of a proposed public roadway, with certain private amenities, ending in
a cul-de-sac and fifteen single-family residences on land between SZETELA LANE
and FORT AVENUE (R-2).
A public hearing on the above petition was opened on March 1,2010 pursuant to
Massachusetts General Law Ch. 40A,Sec. 11. The following Zoning Board members were
present: Elizabeth Debski,Annie Harris,Bonnie Belair, and Jimmy Tsisinos.
The petitioner, Shallop Landing at Collins Cove Partnership, LLC, sought amendments to
Variances issued by Board of Appeals on September 16, 2009 from minimum lot area, lot
width,depth of front yard,width of side yard and depth of rear yard to construct fifteen (15)
single family residences on land between Szetela Lane and Fort Avenue, Salem in the
Residential Two Family(R-2) zoning district. Dimensional changes to the originally
approved plan were proposed in order to comply with changes required bythe Planning
Board.
The Board of Appeals, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the Petition submitted, makes the following findings
of fact:
1. Attomey John R Keilty represented the petitioner at the hearing.
2. In a petition dated January7, 2010,petitioner requested changes to the
dimensions of the originally approved plan. New plans and dimensions
accompanied the petition. The revised plans were dated January 2, 2010.
3. Attorney Keilty explained that the petition is before the Planning Board for
subdivision approval, and that the changes in dimensions were necessary in order
to widen the roadway, making it compliant with City standards, at the request of
the Planning Board.
4. The dimensional changes would result in the decrease in area of four of the lots,
and the increase in area of the remaining eleven lots.
On the basis of the above findings of fact, including all evidence presented at the public
hearing, including, but not limited to, the Petition the Zoning Board of Appeals concludes as
follows:
1. Desirable relief may be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the intent or purpose of
the zoning ordinance, as the petitioner's amendments to the originally approved
plan are minimal.
2. The applicant may vary the temps of the Residential Two-Family Zoning District
to construct the proposed project according to the amended plan, which is
consistent with the intent and purpose of the City of Salem Zoning Ordinance.
3. In permitting such change,the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
In consideration of the above, the Salem Board of Appeals voted, four(4) in favor(Debski,
Harris, Belair, Tsitsinos) and none (0) opposed to grant the requested amendments to the
Variances issued on September 16, 2009 from minimum lot area, lot width,depth of front
yard, width of side yard, and depth of rear yard,subject to the following terms,conditions,
and safeguards:
1. All conditions required by the September 16, 2009 decision shall remain in effect.
2. All construction shall be done as per the submitted plans and dimensions dated
January 4, 2010.
Elizabeth i De s
Salem Zoning Board of Appeals
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 Massachusetts
General Laws Chapter 40A, and shall be filed within 20 days of filing of this decision in the
office of the City Clerk Pursuant to the Massachusetts General Laws Chapter 40A, Section
11, the Variance or Special Permit granted herein shall not take effect until a copy of the
decision bearing the certificate of the City clerk that 20 days have elapsed and no appeal has
been filed, or that, if such appeal has been filed, that it has been dismissed or denied and 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 owner's Certificate of Title.
oNMI CITY OF SALEM, MASSACHUSETTS
Ali BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
a tElii�AAYY.J1nn SALEM, MASSACHUSETTS O 1970
s
TELEPHONE: 978-745-9595
._.. FAX 978-740-9846 2e�� I` _I� l J 8
KIMBERLEY DRISCOLL •a lQ S
MAYOR
n
t? Y C ��
March 15, 2010
Decision
Petition of SHALLOP LANDING AT COLLINS COVE PARTNERSHIP, LLC
requesting to modify previously granted variances in order to achieve Planning
Board compliance. Modifications are proposed from the following previously
granted relief: minimum lot area, lot width, frontage, depth of front yard, width of
side yard, depth of rear yard, and lot coverage. The modified project includes
construction of a proposed public roadway, with certain private amenities, ending in
a cul-de-sac and fifteen single-family residences on land between SZETELA LANE
and FORT AVENUE (R-2).
A public hearing on the above petition was opened on March 1, 2010 pursuant to
Massachusetts General Law Ch. 40A,Sec. 11. The following Zoning Board members were
present: Elizabeth Debski,Annie Harris,Bonnie Belair,and Jimmy Tsisinos.
The petitioner,Shallop Landing at Collins Cove Partnership, LLC, sought amendments to
Variances issued by Board of Appeals on September 16,2009 from minimum lot area, lot
width, depth of front yard,width of side yard and depth of rear yard to construct fifteen (15)
single family residences on land between Szetela Lane and Fort Avenue, Salem in the
Residential Two Family(R-2) zoning district. Dimensional changes to the originally
approved plan were proposed in order to comply with changes required by the Planning
Board.
The Board of Appeals, after careful consideration of the evidence presented at the public
hearing,and after thorough review of the Petition submitted, makes the following findings
of fact:
1. Attomey John R Keilty represented the petitioner at the hearing.
2. In a petition dated January 7, 2010, petitioner requested changes to the
dimensions of the originally approved plan. New plans and dimensions
accompanied the petition. The revised plans were dated January 2, 2010.
3. Attorney Kedry explained that the petition is before the Planning Board for
subdivision approval, and that the changes in dimensions were necessary in order
to widen the roadway, making it compliant with City standards, at the request of
the Planning Board.
4. The dimensional changes would result in the decrease in area of four of the lots,
and the increase in area of the remaining eleven lou.
i
On the basis of the above findings of fact, including all evidence presented at the public
hearing, including, but not limited to, the Petition the Zoning Board of Appeals concludes as
follows:
1. Desirable relief may be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the intent or purpose of
the zoning ordinance, as the petitioner's amendments to the originally approved
plan are minimal.
2. The applicant may vary the teens of the Residential Two-Family Zoning District
to construct the proposed project according to the amended plan, which is
consistent with the intent and purpose of the City of Salem Zoning Ordinance.
3. In permitting such change,the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
In consideration of the above, the Salem Board of Appeals voted, four(4) in favor(Debski,
Harris,Belair, Tsitsinos) and none (0) opposed to grant the requested amendments to the
Variances issued on September 16,2009 from minimum lot area, lot width,depth of front
yard, width of side yard, and depth of rear yard,subject to the following temis,conditions,
and safeguards:
1. All conditions required by the September 16, 2009 decision shall remain in effect.
2. All construction shall be done as per the submitted plans and dimensions dated
January 4, 2010.
E at�z x�trDe s
Salem Zoning Board of Appeals
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 Massachusetts
General Laws Chapter 40A, and shall be filed within 20 days of filing of this decision in the
office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section
11,the Variance or Special Permit granted herein shall not take effect until a copy of the
decision bearing the certificate of the City clerk that 20 days have elapsed and no appeal has
been filed, or that, if such appeal has been filed, that it has been dismissed or denied and 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 owner's Certificate of Title.
VCtty ofttlnt, $ sttc��ues
Public property pepartment
s
e'<,A<c,„rn•e cP`n5Y^ rl� n0t htq )Department
(mile r.�etlrui (I(jrern
7-15-02 13
William H. Munroe
Director of Public Property Maurice M. Martineau, Asst Inspector
Inspector of Buildings Edgar J. Paquin, Ass't Inspector
Zoning Enforcement Officer John L. LeClerc, Plumbing/Gas Insp.
October 8, 1987
Paul Jones, Project Manager
McNeil_&_Associates
S ela Lane
Salem, MA 01970
RE: Certificates of Occupancy
Dear Paul:
As I indicated to you during my 'ihspection of Units 1 , 11 and 29 on
October 6, 1987. Following my" return to One Salem Green I spoke with Ms.
Beth Debski of the Salem Planning Department regarding compliance with the
Planning Board and Conservation Commission Orders of Conditions as they
relate to your project. In addition, I reviewed the Board of Appeal decision
for the hearing held April 30, 1986 on this project.
It is the opinion of both Ms. Debski and myself that the site, at
present, does not comply with the plan entitled "Site Plan, Collins Cove
Condominiums", dated August 23, 1985, prepared by James W. Haley P.E. ,
and said plan is what approvals were based on.
As I indicated to you at the time of inspection, no further Certificates
of Occupancy will be issued by this office until the project is completed
to the satisfaction of the Planning and Conservation Departments and these
departments have been signed off on the building permit cards.
Sincerely,
William H. Munroe
Inspector of Buildings
WHM:bms
cc: Gerard Kavanaugh, Planning Director
Beth Debski, Planning Dept.
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aDne 'Sinlem Green
745-0213
William H. Munroe
Director of Public Property Maurice M. Martineau, Ass't Inspector
Inspector of Buildings Edgar J. Paquin, Ass't Inspector
Zoning Enforcement Officer John L. LeClerc, Plumbing/Gas Insp.
To Whom It May Concern:
Attached hereto you will find a copy of an
ordinance which became effective January 12, 1987,
regarding development inspection fees.
Any developer who constructs, reconstructs or
rehabilitates six (6) or more residential units or 10, 000
square feet or more of commercial space shall pay to the
Building Department a fee for building, plumbing and gas
inspections. The fees will be charged at the rate of
Twenty and 00/100 ($20. 00) dollars per hour and will be
due within thirty (30) days of receipt of the invoice. No
Certificate of Occupancy will be issued by this Department
until all outstanding inspection fees have been paid.
The above fees are to be paid in addition to
all other fees required under the Building Permit fee
schedule LfTectas of June 2, 1986 .
ST RD OATION CO. , INC.
/tYeveloper acknowledges William H. Munroe
receipt of notice Inspector of Buildings
City of Salem
John T. O'Dea,Asst.Vice Pres. One Salem Green
Salem, MA 01970
o
UC�
COPY FOR YOUR
s
II�FORMAiIOP�
MICHAEL E. O'BRIEN 3 ,
CITY SOLICITORy - LEONARD F. FEMINO
'93'WASHINGTON STREET - ���oiur ASSISTANT CITY SOLICITOR
and 93 WASHINGTON STREET
61 WASHINGTON STREETfilly 00 SALEM and
SALEM, MA 01970 ONE.BROADWAY
745.4311 ,MASSACHUSETTS BEVERLY, MA 01915
744.3363 745.4311
921.1990
Please.Reply to 81 Washington Street
Please Reply to One Broadway
March 23, 1987
McNeil & Associates, Inc.
P. O. Box 407
420' Providence Highway
Westwood, Massachusetts 02090
Re : Collins Cove Condominiums
Gentlemen:
Enclosed please find copy of . letter and check I received
from the Building Inspe.ctor, rel'ative to plumbing permits at
the above project.
Kindly contact this office at your earliest convenience
to see' if we can resolve this matter..
Very, truly yo —�
ichael E. O' Brien
City soiiciior '
MEO/jP : n r
Enclosures = vrD
cc: Building Inspector
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flit of $alem, ttss�cllu$etts
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CUTS.
DECISION ON THE PETITION OF MCNEIL & ASSOCIATES FOR
VARIANCE FOR SZETELA LANE/MEMORIAL DRIVE, SALEM
MAY 6 '
A hearing on this petition was held April 30, 1986 with6th? PI w& Board
Members present: James Hacker, Chairman, Messrs. fl%frnas, Luzinski, Strout and
Associate Member Dore. Notice of the hearing was sent to abutters and others
and notices of the hearing were properly publisheMbU %iAjN.egging News in
accordance with Massachusetts General Laws Chapter 40A.
Petitioners, owners of the property, are requesting approval for revisions to
plan approved by the Board of Appeal July 24, 1985. There will be no change in
the total number of units, the total number of bedrooms will be reduced by two.
The property is located in an R-1 district.
The Variance which has been requested may be granted upon a finding of the
Board that:
a. special conditions and circumstances exist which especially affect
the land, building or structure involved and which are not generally
affecting other lands, buildings and structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would in-
volve a substantial hardship, financial or otherwise, to petiitoner; and
c. desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantiall derogating from the
intent of the district or the purposes 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 fact:
1 . The total unit count of thirty-six (36) remains the same;
2. There will be less building coverage on the site;
3. The distances between buildings 1 , 2, 3, & 4 will be reduced from
40 feet to 37 feet, the distance between buildings 4 & 5 will be
reduced from 43 feet to 40 feet, as shown on plans submitted to the
Board, April 30, 1986. ;
4. Building could not be constructed on present location without
substantial hardship, so revised plans were approved.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
1 . Special conditions and circumstances exist which affect this lot
but do not affect the district generally;
2. Literal enforcement of the Ordinance would work a substantial
hardship upon petitioner; and
DECISION ON THE PETITION OF MCNEIL & ASSOCIATES FOR
VARIANCE FOR SZETELA LANE/MEMORIAL DRIVE, SALEM
page two
3. The relief requested can be granted without substantial detriment
to the public good and without substantially derogating from the
intent of the district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variance requested on condition:
1 . All conditions set forth in the Purchase and Sale Agreement between
McNeil & Associates and the City of Salem are to be strictly adhered to;
2. A Certificate of Occupancy must be obtained for each unit;
3. All work must have Fire Department approval;
4. Work to be in accordance with plans submitted April 30, 1986.
VARIANCE GRANTED 1
ames B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND CITY CLERK
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE ;•'.�>�-
&ENERAL LAVlS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF F1'
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. ,. _
PO RSAf:T TO h`ASS. SESERAL LADS. CHAPTER BOB, SECTIOi1 :i. THE VARIANCE OR SP=SIAL F_:
k:RANTED HEREIN, SHALL NOT TA.(E EFFECT UNTIL A COPY 0�1;D NO THE CAFPEAL BEARING
I'2EEtiP FIL3.
WAT!OiJ OF THE CITY CLERK THA- 2v DAYS HA`.'E ELAPSE, _
OR THAT, IF SUCH A5 APPEAL H.''S B`_EN FILE, THAT IT Ii A3 EEEN DISI:ISSED OR DEk:EO IS
RM-MED IN THE S1.U1H ESSEX REGISTRY OF OEEOS AND i:lDEX.ED UNSER THE NA61E OF THE
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
Date Ju17 23, 1986
I hereby certify that 20 days have expired
from the date this instrument was received,
and that NO APPEAL hos Leen filed in this
office.
A True Copy
ATTEST: CLE
Salem,
Nass.
BOARD Or A?PEALS
(lIi# of Salem, CttSs�tc1#use##s
1c�ITltilig �3IIttr OCT 2 -e PH '85
�Ullf cIIIPITT TPfll REC IV D
_` CITY OF SALU ,`9 +S S.
DECISION OCT IZ to;
SPECIAL PERMIT 01T9'S' �4
SITE PLAN REVIEW _L
McNeil and-Associates, Inc.
420 Providence Highway
Westwood, MA.
On Thursday, September 5, 1985, the Planning Board of the City of Salem
held a public hearing regarding the application of McNeil and Associates
for a Special Permit under Section R, Site Plan Review, of the Salem
Zoning Ordinance, with respect to the construction of-IT6 townhouse
condominium units- oon�Szetela Lane(Collins Cove) , Salem.
At a regularly scheduled meeting of the Planning Board held on October
17, 1985, the Board voted, by a vote of five in favor, none opposed, to
approve the application as complying with the requirements for the
issuance of the Special Permit with the following conditions:
1 . Work shall conform to plan entitled "Site Plan, Collins Cove
Condominiums", dated August 23, 1985, prepared by James W. Haley, PE.
2. Sloped granite curbing shall be installed along all access
roadways/driveways.
3. All work shall be subject to Conservation Commission approval.
4. Refuse removal, road and ground maintenance, including public
walkways, snow removal and maintenance of bridge at westerly end of the
walkway shall be the reponsibility of the homeowners' association.
5. All construction within the development shall be conducted in
accordance with the following conditions:
a. No work shall commence before 7:00 a.m. on weekdays and 8:00
a.m. on Saturdays. Work shall cease at 5:00 p.m. No work shall be
conducted on Sundays or holidays. Inside work of a quiet nature shall
be permitted at other times.
b. All reasonable action shall be taken to minimize the negative
effects of construction on abutters such as noise, dust, fumes. Advance
notice shall be provided to all abutters in writing at least 72 hours
prior to commencement of construction.
1 Jho
Page 2 —
C. All construction vehicles shall be cleaned in order that they
not leave dirt and/or debris on the road as they leave the site.
d. The Salem Fire Protection Code regarding blasting shall be
strictly adhered to (M.G.L. C 118 S-10A and 527 C.M.R. 13.00) .
e. Drilling and blasting shall be limited to Monday — Friday only
between the hours of 8:00 a.m. and 4:30 p.m. There shall be no drilling
or blasting on Saturdays, Sundays or holidays.
f. All construction shall be carried out in accordance with the
Rules and Regulations of the Planning Board. A Clerk of the Works shall
be provided by the City at the expense of the developer as is deemed
necessary by the Director of Public Services or the City Planner.
6. Landscaping of the project shall conform to plan entitled,
"Landscape Plan, Collins Cove", prepared by Greenwave Landscaping
Service and dated October 8, 1985.
a. Mature trees shall be a minimum caliper of 3". Shrub diameters
shall be minimum of 18-24".
b. Shrubs and trees shall be maintained in a healthy and thriving
condition. Should these plantings not remain in a healthy and thriving
condition, the reponsibility for replacement of such plantings shall be
the developer or his successor in interest.
7 . The developer shall adhere to all state statutes regarding burial
grounds, particularly M.G.L. Ch. 272, Section 73, Injuring or Defacing
Tombs.
8. Dimensions of parking spaces shall be subject to provisions of the
Salem Zoning Ordinance.
9. Off—street lighting facilities which are used at night shall be
provided with adequate lighting installed and maintained in such a
manner so as not to reflect or cause glare on abutting or facing
residential premises nor to cause reflection or glare which adversely
affects safe vision of operators of vehicles moving nearby streets. A
recommended standard for lighting is a minimum intensity of one (1) foot
candle on the entire surface of the parking facility.
10. Written approval of the landscape screening provided to the abutter
on the easterly side of the property shall be submitted to the Planning
Board.
11. Plans for the construction proposed for the 41,692 s.f. parcel
recently subdivided shall be submitted to the Planning Board. Such
plans shall include plans for dock and pier facilities.
— Page 3 —
12. Substantial violation of these conditions shall result in
revocation of this permit by the Planning Board.
I hereby certify that a copy of this decision and plans have been filed
with the City Clerk and copies are on file with the Planning Board.
This Special Permit shall not take effect until a copy of the decision
bearing the certification of the City Clerk that twenty (20) days have
elapsed and no appeal has been filed or that if such appeal has been
filed, and it has been dismissed or denied, is recorded in the Essex
County Registry of Deeds and is indexed in the grantor index under the
name of the owner of record or is recorded on the owner's certificate of
title. The fee for recording or registering shall be paid by the owner
or applicant.
Walter B. Power Y,�
Chairman, Planning Board 6
i
i
i
i
t
h
Gita of �5,alem, C ttssar4usetts
s7 `? 111anning �Noura
� i•,-3�J r, h =
OCT ZZ 12 oz FM '65
FILt ,'� DECISION OCT 2? 92 02 X6,5
OJ
F1LEf
CITYWit::� ; 4�4i,Efi.kASS.
SPECIAL PERMIT '817Yah iii xis
WETLAND
WETLAND AND FLOOD HAZARD SPECIAL PERMIT
McNeil and Associates, Inc.
420 Providence Highway
Westwood, MA.
On Thursday, September 5, 1985, the Planning Board of the City of Salem
held a public hearing regarding the application of McNeil and Associates
for a Special. Permit under Section P, Wetlands and Flood Hazard
Districts, of the Salem Zoning Ordinance, with respect to the
construction of 36 townhouse condominium units on Szetela Lane (Collins
Cove) , Salem.
At a regularly scheduled meeting of the Planning Board held on October
17, 1985, the Board voted, by a vote of five in favor, none opposed, to
approve the application as complying with the requirements for the
issuance of the Special Permit with the following conditions:
1 . Work shall conform to plan entitled "Site Plan, Collins Cove
Condominiums", dated August 23, 1985, prepared by James W. Haley, PE.
2. Sloped granite curbing shall be installed along all access
roadways/driveways.
3. All work shall be subject to Conservation Commission approval.
4. Refuse removal, road and ground maintenance., including public
walkways, snow removal and maintenance of bridge at westerly end of the
walkway shall be the reponsibility of the homeowners' association.
5. All construction within the development shall be conducted in
accordance with the following conditions:
a. No work shall commence before 7:00 a.m. on weekdays and 8:00
a.m. on Saturdays. Work shall cease at 5:00 p.m. No work shall be
conducted on Sundays or holidays. Inside work of a quiet nature shall
be permitted at other times.
b. All reasonable action shall be taken to minimize the negative
effects of construction on abutters such as noise, dust, fumes. Advance
notice shall be provided to all abutters in writing at least 72 hours
prior to commencement of construction.
c. All construction vehicles shall be cleaned in order that they
not leave dirt and/or debris on the road as they leave the site.
— Page 2 —
d. The Salem Fire Protection Code regarding blasting shall be
strictly adhered to (M.G.L. C 118 S-10A and 527 C.M.R. 13.00) .
e. Drilling and blasting shall be limited to Monday — Friday only
between the hours of 8:00 a.m. and 4:30 p.m. There shall be no drilling
or blasting on Saturdays, Sundays or holidays.
f. All construction shall be carried out in accordance with the
Rules and Regulations of the Planning Board. A Clerk of the Works shall
be provided by the City at the expense of the developer as is deemed
necessary by the Director of Public Services or the City Planner.
6. Landscaping of the project shall conform to plan entitled,
"Landscape Plan, Collins Cove", prepared by Greenwave Landscaping
Service and dated October 8, 1985.
a. Mature trees shall be a minimum caliper of 3". Shrub diameters
shall be minimum of 18-24".
b. Shrubs and trees shall be maintained in a healthy and thriving
condition. Should these plantings not remain in a healthy and thriving
condition, the reponsibility for replacement of such plantings shall be
the developer or his successor in interest.
7 . The developer shall adhere to all state statutes regarding burial
grounds, particularly M.G.L. Ch. 272, Section 73, Injuring or Defacing
Tombs.
8. Dimensions of parking spaces shall be subject to provisions of the
Salem Zoning Ordinance.
9. Off—street lighting facilities which are used at night shall be
provided with adequate lighting installed and maintained in such a
manner so as not to reflect or cause glare on abutting or facing
residential premises nor to cause reflection or glare which adversely
affects safe vision of operators of vehicles moving nearby streets. A
recommended standard for lighting is a minimum intensity of one ( 1) foot
candle on the entire surface of the parking facility.
10. Written approvalof the landscape screening provided to the abutter
on the easterly side of the property shall be submitted to the Planning
Board.
11. Plans for the construction proposed for the 41,692 s.f. parcel
recently subdivided shall be submitted to the Planning Board. Such
plans shall include plans for dock and pier facilities.
12. Substantial violation of these conditions shall result in
revocation of this permit by the Planning Board.
— Page 3 —
I hereby certify that a copy of this decision and plans have been filed
with the City Clerk and copies are on file with the Planning Board.
This Special Permit shall not take effect until a copy of the decision
bearing the certification of the City Clerk that twenty (20) days have
elapsed and no appeal has been filed or that if such appeal has been
filed, and it has been dismissed or denied, is recorded in the Essex
County Registry of Deeds and is indexed in the grantor index under the
name of the owner of record or is recorded on the owner's certificate of
title. The fee for recording or registering shall be paid by the owner
or applicant.
Walter B. Power
Chairman, Planning Board
310 CMR: DEPARTMENT OF ENVIRONMENTAL QUALITyII(E�IO -1€, R1N,Fago
C-I10.99: continued _ r;' "F S
- Form 2
R U 4,!'J
C17YIOr SStti.EH,ASS.
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pEq!VN No.L�--
Ta p\�orc.aW oY DECEI
Commonwealth uryrtv.n cL e
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of Massachusetts - by `—�
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Determination of Applicability
Massachusetts Wetlatlda protection Act, G.L. c.131, §40
F Salem Conservation Commission Issuing Authority
T . Mr. Thomas Southworth y same
(Name of person making request( (Name of properly owner)'
Ad�ea Providence --I gwy. , Wes t-,,ddressTSzetela Ln. . Salem
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wood
This determination Is issued and delivered as follows: .
❑ by hand deliveryto person nraking request on tdate)
�ltlfied mal,rehen receipt requested on (date)
Pursuant to the authority of Ca.L o.131,§d0,the 4^1 rnti ..ruric inn
rr has considered your request for a Determination of Applicability end its supporting documentation.and has
I made the following determination(check whichever is applicable):
This Determination Is positive:
1. ❑ The area described below,which includes alVpart or the area described in your request,is an Area
Subject to Protcetlon Under the Act.Therefore,any removing,filling,dredging or altering of that
area requires the filing of a Notice of Intent _
2. ❑ The work described below,which includes aVW of the work described in your request.is within
an Area Subject to Protection Under the Act and will remove,fel,dredge or after that area There-
fore,said work requires the tiling of a Notice of Intent
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a
310 CMR: DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING
10.99: continued
Form 2: continued
3. ❑ The work described below,which includes aNpart of the work described in your request,is within
the Butter Zone as defined'cl, :d the regulations,arwiC alter an Area Subject to Protection Under
find Act Therefore,said work requires the fining of a Notice of Intent
This Determination is negative:
1. ❑ The area described in your request is not an-Area Subject to Protection Under the Act
2 .DeThe work described in your request is within an Area Subject to Protection Under the Act,but wig
not remove.IM,dredge,or alter that area.Therefore,said work does not require the firing of a
Notice of Intent (Order of Conditions #64-122 shall apply)
3. ❑ The work described in your request is within the Buffer Zone,as defined in the regulations•but wig
not alter an Area Subject to Protection Under the Act Therefore,said work does not require the
fling of a Notice of Intent -
4. ❑ The area described in your request is Subject to Prctecticn Under the Act but since the work
.described therein meets the requirements for the following exempbon,as specified in the Act and
the regulations.no Notice of Intent is required: -
Issued by onservati Commission
Signsturja(a)
yt
1 This Determinadonmyst be signed by a rt1hW1}onnry of the Conservation Commission.
• On thisA hh e-�.7�d_ry of �9 Vto before me
personalty peered Tf t P (TM()rl e - ,to me known to be the
person d cribed in,and who executed:Iffe foregoing instrument and acknowledged that halshe executed
the as In r free a d de
Notary Pu ge My commission exovea
ned Delem,lYpon do.,not f,Gne the aooliCWI Inn,COmdymO withal Omef aaowCaole leon't.Cure plOcw waNlel.YtlirlenCel. -
er•I,va V rIQW,Mr1,.Me D rionnool,on".ON vYq 1.ovOil yowl lent Ne aws.1leWNCa. '-
the applicant me owner.any oerson edene.ea by M.e Delefmmanon.any o,rnn of lW outing me IwW uOn whCn mi Ordboeed -
e,,,410 be 0dM.n My len fuldenla 01 in,Off w lawnin MnwluCn tenet a iodated.WO hereOy nOurod of mev Mott to feauewme '
Devormenl of Emkonmennl Oua,h Engme,rng lonwea superseding Cmrmneron of Aso, lty.mewonlp InereduHl no rne0e
• by coiled rlutl or hand Ce,rery to the D,pwrment-~ on agUrom in.ctu anesuMwl mu Delermmwgn.A copy of mewaueal
MYWthe owns Who be 1.1 by CMi„a mW R nW Ce,,Ny la lho Cenewnaopn Com Ituoh W me aoW411'e1.
2-2A
8/30/83 Vol. 12 - 222.4
�\ Deval L. Patrick, Governor
Timothy P. Murray, Lt. Governor massDOT
Jeffrey B. Mullan, Secretary& CEO Massachusetts Department of hansportatlon
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January 10, 2011 z C:)rin
Thomas J. St. Pierre yrnr
Building Inspector Nr'�
City of Salem D rn v
120 Washington Street, 3`d Floor
Salem, MA 10970
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Re: Request for Consent to the Issuance of a Building Permit
Property Located at Szetela Lane in Salem, Massachusetts
File Reference # 10A-27
Dear Mr. St. Pierre:
I am writing with respect to your request for my consent to the issuance of a building
permit to build fifteen single family homes and an access road on Szetela Lane in Salem, MA. .
The total parcel area is 2.1 acres and is on the abandoned Boston and Maine Railroad.
Massachusetts General Laws, Chapter 40, Section 54A, provides that no city or town in
the Commonwealth shall issue a permit to build a structure of any kind on land "formerly used as
a railroad right-of-way or any property appurtenant thereto formerly used by any railroad
company in the Commonwealth," without the written consent of the Secretary of the
Massachusetts Department of Transportation. Pursuant to the intent of this statute, I have the
responsibility to preserve former railroad property in the Commonwealth for present or future
transportation-related use where appropriate.
After reviewing information on file at our office, canvassing interested agencies and
conducting a public hearing on November 29, 2010, it has been determined that the proposed
construction will not adversely impact any potential transportation use. Accordingly, I give my
consent to the issuance of a building permit for the above-referenced construction as detailed by
the application material.
Please note that this consent is conditional based upon the applicant's compliance with
the following requirement. The proponent must ensure that there is no interference with the
existing Salem multi-purpose trail or the future extension of the abandoned railroad right-of-way.
Ten Park Plaza,Suite 3170, Boston,MA 02116
Tel:617-973-7000,TDD:617-973-7306
Leading the Nation in Transportation Excellence www.mass.gov/massdot
This consent is granted by means of two original_ letters, one to the City of Salem
Building Inspector and the other to the applicant.
Sincerely,
Massachusetts Department of Transportation
Jef . Mul n
S retary and Chief Executive Officer