PB_Witch Hill - Decision - Form C Definitive Subdivision CITY OF SALEM
PLANNING BOARD
Form C--Definitive Subdivision, Cluster Residential Development
Special Permit, and Wetlands District Special Permit
Decision
January 20,2005
Bartlett& Steadman Development Corp. CO
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C/o Attorney George Atkins
Ronan, Segal& Harrington z 7U T.
59 Federal Street N cn
Salem, MA 01970 cn or'
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RE: Witch Hill (Dell Street)
Form C--Definitive Subdivision, Cluster Residential Development Special Permit, an?Wedandsr'v
District Special Permit Decision 17
On Thursday,July 15,2004,the Planning Board of the City of Salem opened a Public Hearing regarding
the application of Bartlett&Steadman Development Corp. to allow the construction of Durkin Road
- Extension and associated roadways and utilities to service the construction of twenty-eight (28) single-
family dwellings. During the course of the public hearing, the number of units was reduced to twenty-
three (23) single-family homes.
The public hearing was continued to September 2,2004, October 7, 2004, October 21, 2004, November 4,
2004,December 2,2004,December 16, 2004,January 6, 2005 and January 20, 2005. The Public Heating
was closed on January 20, 2005. At the regularly scheduled meeting of the Planning Board held on January
20,2005, the Board voted by a vote of eight in favor (Power,Moustakis, Durand,DiGeronimo, Collins,
Sullivan, Lombardini,Weiner), none opposed,to approve the Form C-- Definitive Subdivision, Cluster
Residential Development Special Permit, and Wetlands District Special Permit subject to the following
conditions:
1. Conformance with the Plan
Work shall conform with the plans entitled,"Definitive Subdivision Plan of Witch Hill in Salem,
Massachusetts," prepared by Eastern Land Survey Associates, Inc., 104 Lowell Street, Peabody,
MA, 01960, dated March 10, 2004, and revised September 13, 2004, November 24, 2004, and
December 30, 2004,including pages 1-12;and the plan entitled, "Drainage Exhibit Plan," prepared
by Eastern Land Survey Associates and dated December 9, 2004.
2. Amendments
120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 .TEL: 978.745.9595 FAx: 978.740.0404 • WWW.SALEM.COM
Any modification to the approved plans must receive the prior approval of the Planning Board
unless deemed insignificant by the City Planner. Any waiver of conditions contained within shall
require the approval of the Planning Board.
3. Subdivision Regulations
The Subdivision shall be constructed in accordance with the requirements of the Subdivision Rules
and Regulations and any other applicable regulations.
4. Reference on the Approved Plans
This decision shall be referenced on the original plans prior to the endorsement by the Planning
Board.
5. Endorsement of the Plans
Following the statutory 20-day appeal period, the Planning Board will sign the original subdivision
plans,which shall be recorded at the Registry of Deeds. Prior to endorsement of the plans,
condition number sixteen (16), "Security," must be addressed.
6. Transfer of Ownership
Within five (5) days of the transfer of ownership of the subdivision,the Planning Board shall be
notified in writing of the new property owner's name and address.
7. Pre-Construction Conference
Prior to the start of work under the approved subdivision, a pre-construction conference shall be
scheduled with the City Planner, the City Engineer (or his designee), the Building Commissioner,
the Health Agent,and any other departments that may be necessary. The developer shall submit a
construction schedule at the time of the pre-construction conference.
8. Soil Erosion & Sedimentation Control Plan
At the time of the pre-construction conference, the developer may also be required to submit a soil
erosion and sedimentation control plan,information on plans for the stockpiling of earth materials
and/or any plans for hauling of earth materials for review and approval by the City Planner and
City Engineer.
9. Homeowner's Association
a. The Homeowner's Association documents shall be submitted to the Department of
Planning& Community Development (DPCD) for review and approval prior to the
issuance of any building permits for the proposed dwellings.
b. The Homeowner's Association documents shall include, but not limited to, the following
responsibilities:
i. Ownership and maintenance of the sewer system
ii. Ownership and maintenance of the drainage system
iii. Maintenance of the drainage storage facilities
iv. Ownership and maintenance of the open space
v. Ownership and maintenance of the trail system
c. The City of Salem reserves the right to enforce the responsibilities and requirements of the
Homeowner's Association documents.
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10. Open Space
Open Space as shown on the plan entitled,"Definitive Subdivision Plan of Witch Hill in Salem,
Massachusetts," dated March 10,2004, and revised through December 30, 2004, and consisting of
4.929 acres shall be perpetually reserved as open space and a Conservation Restriction and
Easement providing for public access to the open space trail system shall be submitted to the
Department of Planning and Community Development for review prior to recording with the
Registry of Deeds. Documentation of said recording is to be submitted to the Department of
Planning and Community Development prior to issuance of any building permits for the proposed
dwellings
11. Salem Conservation Commission
a. All work shall comply with the requirements of the Salem Conservation Commission.
b. The applicant shall receive all necessary approvals from the Salem Conservation
Commission prior to commencement of any work.
12. Abandonment of Interest in a Portion of Sable Road
Applicant agrees to abandon its interest in that portion of an unconstructed way shown as Sable
Road (a/k/a Circle Hill Road) abutting Lot 235 on the subdivision plan, and across from Assessor
Map 9,Parcel 0038,running 178' feet from Parcel 0256 to another unconstructed way abutting
Parcel 0038 as shown on said Assessor Map 9. It is the intent hereof that the applicant, on behalf
of itself and its successor in interest, to the subdivided land,hereby releases any and all rights to
use of the described portion of the way.
13. Trails
The applicant shall submit a final layout of the proposed trails to be constructed in the designated
open space and a plan detailing how the trails will be constructed (materials, etc.) and maintained
to the Department of Planning&Community Development for review and approval prior to the
issuance of any building permit for the proposed dwellings. The trails shall be laid out in the field
for the review and approval of the City Planner prior to the issuance of any building permits for
the proposed dwellings.
14. Landscaping
a. Any proposed landscaping shall be done in accordance with the approved set of plans.
b. The applicant shall coordinate with the City of Salem Cemetery &Shade Tree Department
for the selection of street trees. The selection and placement of street trees shall be
reviewed and approved by the Department of Planning&Community Development prior
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to installation.
15. Sidewalks
The applicant shall install concrete sidewalks throughout the subdivision.
16. Security (Section III(B)(5) of the Subdivision Regulations)
Before endorsement of the plans, the applicant shall agree to complete the required improvements
specified in Section V of the Subdivision Regulations, for any lots in a subdivision. Such
construction and installation is to be secured by one of the following methods which may from
time to time be varied by the applicant with the approval of the Planning Board:
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a. Endorsement of approval with bonds or surety
The subdivider shall either file a performance bond or a deposit of money or negotiable
securities in an amount determined by the Planning Board to be sufficient to cover the cost
of all or any part of the improvements specified in Section V not covered by a covenant
under"b" hereof. Such bond or security,if filed or deposited, shall be approved as to
form and manner of execution by the City Solicitor and as to sureties by the City Treasurer
and shall be contingent on the completion of such improvements within the term of the
bond or two years, whichever is earlier,unless an extension is granted by the Planning
Board. The amount of the bond shall be determined by applying the actual surveyed
quantities multiplied by unit prices listed in the latest building construction cost data
manual used by the Engineering and Planning Department.
b. Endorsement of approval with covenant
The subdivider shall file a covenant, executed and duly recorded by the owner of record,
running with the land,whereby such ways and services as specified in Section V,not
covered by bond or deposit under"a" hereof, shall be provided to serve any lot before
such lot may be built upon or conveyed,other than by mortgage deed. If such ways and
services are not completed within two years of the date of filing of the covenant, approval
of the plan shall be automatically rescinded and the subdivider must resubmit a new plan
for the approval and endorsement of the Planning Board,unless an extension is granted by
the Planning Board.
17. Certificates of Occupancy
No Certificate of Occupancy will be issued prior to construction of the roadway through binder
course.
18. Offsite Cul-De-Sac Improvements
Applicant shall remove the cul-de-sac pavement at the end of Durkin Road and shall reconstruct
the roadway and complete curbing,grading and seeding in the area where the pavement was
removed,including extension of the driveways and sidewalks consistent with pre-existing
conditions. The Developer is to compact the area where asphalt was removed, blend the new
asphalt with the new course, seal the joint,and seal the entire length of the driveway. The
applicant shall ensure that there is adequate drainage where the pavement was removed.
19. Signage
a. Subject to approval by the City Council, the applicant shall install a stop sign at the
intersection of Durkin Road and Mooney Road. The placement shall be reviewed and
approved by the Salem Police Department and the DPCD prior to the issuance of any
building permits for the proposed dwellings.
b. Subject to approval by the City Council, the applicant shall install a stop sign and a stop l
line at the intersection of Highland Avenue and Mooney Road. The placement shall be
reviewed and approved by the Salem Police Department and the DPCD prior to the
issuance of any building permits for the proposed dwellings.
c. All proposed signage shall be reviewed and approved by the City Planner prior to the
issuance of a sign permit.
20. Lighting
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a. The Applicant,his successors or assigns shall coordinate with Massachusetts Electric and
the City Engineer on the installation of street lighting within the Subdivision. The street
lighting shall be the responsibility of the applicant, his successors or assigns, until such time
as the City accepts the street.
b. No light shall cast a glare onto adjacent parcels or adjacent rights of way.
c. A final lighting plan shall be submitted to the City Planner and the City Electrician for
review and approval prior to the issuance of any building permits for the proposed
dwellings.
d. After installation,lighting shall be reviewed by the City Planner and the City Electrician,
prior to the issuance of any Certificates of Occupancy.
21. Parks
a. The applicant shall provide documentation of the purchase of Lot 38 shown on the
Subdivision Plan prior to the issuance of any building permits for the proposed dwellings.
b. The applicant shall convey with nominal consideration to the Salem Park&Recreation
Commission,Lot 38 shown on the Subdivision Plan adjacent to City of Salem land known
as DiBiase Park. The applicant shall be responsible for recording the conveyance deed
with the Registry of Deeds prior to the issuance of any building permits for the proposed
dwellings; or immediately following the applicant's ownership of the land for one year;in
any event prior to the issuance of the last Certificate of Occupancy.
c. The applicant shall purchase and install a minimum of$5,000 worth of equipment for
DiBiase Park, and the specifications shall be approved by the Park&Recreation
Commission and the Department of Planning&Community Development prior to the
issuance of the last Certificate of Occupancy.
d. The applicant shall convey with nominal consideration to the Salem Park& Recreation
Commission, that portion of open space shown as lot 235 ("Park's on the approved
Subdivision Plan and construct a neighborhood park consisting of a half basketball court
of a size to be determined by the Park and Recreation Commission. The park layout shall
be submitted to the Department of Planning&Community Development and the Park&
Recreation Commission for review and approval prior to the issuance of any building
permits for the proposed dwellings. The applicant shall be responsible for recording the
conveyance deed with the Registry of Deeds prior to the issuance of any building permits
for the proposed dwellings.
e. The applicant shall complete site grading and landscaping improvements to both of the
above referenced city parks as approved by the Park and Recreation Commission.
22. Construction Practices
All construction shall be carried out in accordance with the following conditions:
a. The operation of tools or equipment used in construction or demolition work shall occur
in accordance with Salem Ordinance Section 22-2 (5): Construction and Blasting and
between the hours of 8:00 AM and 5:00 PM on weekdays and Saturdays. No work shall
take place on Sundays or holidays. The Planning Board will agree to changes in the starting
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time, at the request of the applicant and if approved by a formal vote of the City Council,
as per the ordinance.
b. Any blasting,rock crushing,jack hammering, hydraulic blasting, or pile driving shall occur
in accordance with Salem Ordinance Section 22-2 (5): Construction and Blasting-and be
limited to Monday-Friday between the hours of 8:00 AM and 5:00 PM. There shall be no
blasting,rock crushing,jack hammering, hydraulic blasting, or pile driving on Saturdays,
Sundays,or holidays.
c. Blasting shall be undertaken in accordance with all local and state regulations.
d. All reasonable action shall be taken to minimize the negative effects of construction on
abutters. Advance notice shall be provided by the applicant to all abutters in writing at
least 72 hours prior to commencement of construction of the project.
e. All construction vehicles and equipment shall be cleaned prior to leaving the site so that
they do not leave dirt and/or debris on surrounding roadways as they exit the site.
f. The applicant shall abide by any and all applicable rules,regulations and ordinances of the
City of Salem.
g. All construction vehicles and equipment left overnight at the site must be located
completely on the site.
h. No Street shall be closed without prior approval of the Department of Planning and
Community Development, unless deemed an emergency by the Salem Police Department.
23. Blasting
The applicant shall distribute the flyers entitled, "Facts for Massachusetts Property Owners
About Blasting" to all abutters within three hundred (300) feet of the blasting area.
24. Construction Traffic & Phasing
a. All construction will occur on site; no construction will occur or be staged within City right
of way. Any deviation from this shall be approved by the Department of Planning&
Community Development prior to construction.
b. A construction traffic/phasing management plan and schedule shall be submitted to the
Department of Planning& Community Development for review and approval prior to the
issuance of a building permit.
c. Any roadways, driveways, or sidewalks damaged during construction shall be restored to
their original condition by the applicant.
d. The applicant shall clean construction vehicles before they exit the construction site,and
clean and sweep all streets affected by their construction truck traffic as necessary.
25. Clerk of the Works
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The services of a consultant to serve as a Clerk of the Works shall be provided by the City,at the
applicant, his successors or assigns' expense,as is deemed necessary by the City Planner.
26. Office of the City Engineer
The applicant,his successors or assigns shall comply with all requirements of the City Engineer
27. Board of Health (BOH)
The applicant shall comply with the following conditions issued by the Board of Health:
a. Prior to construction of the underground vault detention system, Mr. Steadman and his
engineer shall meet with the City Engineer and Health Agent to determine the feasibility of
constructing the detention system inlet and outlet below water to reduce the potential of
mosquito over-wintering. If this is not possible from an engineering perspective, an
alternative satisfactory to the Board of Health must be employed.
b. Catch basins, tanks and the Vortechs devices must be inspected and cleaned annually.
c. The location of the Rock Crusher must be approved by the BOH prior to use.
d. The individual presenting the plan to the BOH must notify the Health Agent of the name,
address and telephone number of the project (site) manager who will be on site and directly
responsible for the construction of the project.
e. If a DEP tracking number is issued for this site under the Massachusetts Contingency Plan,
no structure shall be constructed until the Licensed Site Professional responsible for the
site certifies that soil and ground water on the entire site meets the DEP standards for the
proposed use.
f. The developer shall employ a licensed pesticide applicator to exterminate the area prior to
construction, demolition, and/or blasting and shall send a copy of the exterminator's
invoice to the Health Agent.
g. The developer shall maintain the area free from rodents throughout construction.
h. The developer shall submit to the Health Agent a written plan for dust control and street
sweeping which will occur during construction.
i. The developer shall submit to the Health Agent a written plan for containment and
removal of debris,vegetative waste,and unacceptable excavation material generated during
demolition and/or construction.
j. The Fire Department must approve the plan regarding access for fire fighting.
k. Noise levels from the resultant establishment(s) generated by operations,including but not
limited to refrigeration and heating,shall not increase the broadband sound level by more
than 10 dB(A) above the ambient levels measured at the property line.
1. The developer shall disclose in writing to the Health Agent the origin of any fill material
needed for the project.
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m. The resultant establishment(s) shall dispose of all waste materials resulting from its
operations in an environmentally sound manner as described to the Board of Health.
n. The developer shall notify the Health Agent when the project is complete for final
inspection and confirmation that above conditions have been met.
28. Health Department
All work shall comply with the requirements of the Salem Health Department.
29. Fire Department
All work shall comply with the requirements of the Salem Fire Department.
30. Office of the Building Commissioner
All work shall comply with the requirements of the office of the Salem Building Commissioner.
31. Utilities
a. Any utility installation shall be reviewed and approved by the City Engineer prior to the
issuance of a Building Permit.
b. The sewer system shall be owned and maintained by the Homeowner's Association.
c. All site utilities shall be installed underground.
d. The applicant has voluntarily agreed to contribute $15,000.00 to the City of Salem for
improvements to the sewer system. The contribution shall be submitted to the City of
Salem prior to the issuance of any building permits for the proposed dwellings.
32. Drainage
a. The applicant shall clear the system outlet at the wetland on the western side of Mooney
Road and shown on the Drainage Exhibit Plan, provided that an Order of Conditions is
approved by the Conservation Commission.
b. The applicant shall install an outlet structure shown on sheet 9 of the approved plans in the
location shown on the Drainage Exhibit Plan.
c. The applicant shall install boulders around storage area A and B (as shown on sheet 9 of
the approved plans) to prohibit vehicular access to the area.
33. Maintenance
a. Refuse removal, ground maintenance and snow removal shall be the responsibility of the
applicant until the streets are accepted as public ways.
b. Winter snow in excess of snow storage areas on the site shall be removed off site until the
streets are accepted as public ways.
c. Maintenance of any landscaping shall be the responsibility of the applicant, his successors
or assigns until the streets are accepted as public ways. The applicant, his successors or
assigns, shall guarantee all trees and shrubs for a two-year period.
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34. As-built Plans & Street Acceptance Plans
As-built plans and Street Acceptance Plans, stamped by a Registered Professional Engineer, shall be
submitted to the Department of Planning and Community Development and Department of Public
Services prior to the issuance of the final Certificate of Occupancy.
35. Violations
Violations of any condition shall result in revocation of this permit by the Planning Board,unless
the violation of such condition is waived by a majority vote of the Planning Board.
I hereby certify that a copy of this decision and plans has been filed with the City Clerk and copies are on
file with the Planning Board. The Decision shall not take effect until a copy of this 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 South Registry of
Deeds and is indexed under the name of the owner of record is recorded on the owner's Certificate of
Title. The owner or applicant,his successors or assigns, shall pay the fee for recording or registering.
I /X,t ( { 64 c-L/6.
Walter B Power, III
Chairman
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