PB - 57 Marlborough Road - Form C - Definitive Subdivision and Cluster Residential Development Special Permit CITY OF S ALEM
PLANNING BOARD
Decision
57 Marlborough Road/Osborne Hills
Form C—Definitive Subdivision and Cluster Residential Development Special Permit
May 27, 2021
Osborne Hills Realty
P.O. Box 780
Lynnfield, MA 01940
RE: 57 Marlborough Rd-Osborne Hills Subdivision Modification
Decision for the Definitive Subdivision Plan Form C and Cluster Residential
Development Special Permit for Osborne Hills Subdivision—
On October 15, 2020,the Planning Board of the City of Salem opened a public hearing for the
Form C—Definitive Subdivision and Cluster Residential Development Special Permit
applications of Paul DiBiase, Trustee of Osborne Hills Realty Trust(hereinafter referred to as the
"Applicant" and/or"Owner")to allow for the amendment and/or modification of the Definitive
Subdivision Plan and the Cluster Residential Development Special Permit related to land located
in Salem, MA currently shown as Phases 6, 7, 8, 9, and 10, comprising lots 88 through 131 of the
"Definitive Subdivision of Osborne Hills Realty in Salem, Massachusetts"as originally approved
pursuant to a vote and written decision of the Salem Planning Board dated July 27, 2006
recorded at Essex South Registry of Deeds at Book 26196,Page 570 and the plans refenced
therein(the "Original Decision").
It is important to note that the applications,which are the subject of this decision evolved from
the following:
1) In 2006,the Salem Planning Board approved a Form C-Definitive Subdivision Plan,
Cluster Residential Development Special Permit, and Wetlands District Special Permit
Applications to allow construction of the Osborne Hills Subdivision and associated
roadways and utilities, as stated in the Original Decision. The Wetlands District Special
Permit is no longer applicable.
2) On February 10, 2020,the Salem Planning Board issued a Form B Preliminary
Subdivision Plan decision for the modification of phases 6 through 10 of the 2006
decision.
3) On July 2, 2020, the Applicant submitted a Form C-Definitive Subdivision Plan and
Cluster Residential Development Special Permit Applications to allow construction of the
proposed modifications of phases 6 through 10 of the Osborne Hills Subdivision and
associated roadways and utilities to service construction. These applications were
voluntarily withdrawn without prejudice by the Applicant at the September 3, 2020
Planning Board Decision
57 Marlborough Road—Form C Definitive Subdivision Decision
May 27,2021
Planning Board meeting to make additional modifications to the plan prior to
resubmission. It is important to note that all written materials, information, studies,peer
reviews and any and all other correspondence involved in these applications were
accepted as part of the record for the applications for which this decision is issued.
The public hearing was continued to November 11, 2020, December 3, 2020 (no testimony),
December 17, 2020, January 1, 2021 (no testimony), January 21,2021 (no testimony),February
4, 2021, February 18, 2021 (no testimony),March 18, 2021 (no testimony), and April 1, 2021.
The public hearing was closed on April 1,2021. At the regularly scheduled Planning Board
meeting on April 1, 2021 the Board voted by a vote of six(6) in favor(Carole Hamilton, Helen
Sides,Kirt Rieder,Noah Koretz, DJ Napolitano, Bill Griset) and none (0)opposed, to approve
the proposed modifications of the Form C-Definitive Subdivision and Cluster Residential
Development Special Permit. Furthermore, the Board finds that all standards for the issuance of
the Special Permits has been met by the Owner and that the Plan is in harmony with the purpose
and intent of the Zoning Ordinance and would not result in a net negative environmental impact.
The Board recognized that the building lots created and the buildings to be constructed thereon
may have dimensional controls and density regulations varying from those otherwise permitted
by the ordinance or by-law including,but not limited to, lot area and frontage requirements and
the approvals are subject to the following conditions and waivers and/or relief:
1. Original Decision
a. All conditions as set forth in the Original Decision shall remain in full force and
effect, except as explicitly modified by the conditions below.
2. Conformance with the Plan
a. Work shall conform to the plans entitled"Modified Definitive Subdivision Plan of
Strongwater Crossing Formerly Known as Osborne Hills, Salem,Massachusetts,"
prepared by Eastern Land Survey Associates, Inc, 104 Lowell Street,Peabody,MA,
01960, with the sheets listed below.
b. Revised Plans reflecting all conditions and incorporating by reference this decision
must be submitted to and approved by the City Planner for consistency with this
decision prior to the issuance of a foundation permit.
Drawing Title Sheet No. Prepared By Issued Revised
Index Sheet 1 of 18 Eastern Land Survey Assoc. Inc. 06.22.2020 07.24.2020
Open Space Plan 2 of 18 Eastern Land Survey Assoc. Inc. 06.22.2020 07.24.2020
Existing 3 of 18 Eastern Land Survey Assoc. Inc. 06.22.2020 07.24.2020
Conditions Plan
Existing 4 of 18 Eastern Land Survey Assoc. Inc. 06.22.2020 07.24.2020
Conditions Plan
Subdivision Plan 5 of 18 Eastern Land Survey Assoc. Inc. 06.22.2020 07.24.2020
Lots 66A, 67A,
88-92& 128-131
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Planning Board Decision
57 Marlborough Road—Form C Definitive Subdivision Decision
May 27,2021
Subdivision Plan 6 of 18 Eastern Land Survey Assoc. Inc. 06.22.2020 07.24.2020
Lots 93-103 and
119-127
Subdivision Plan 7 of 18 Eastern Land Survey Assoc. Inc. 06.22.2020 07.24.2020
Lots 104-118
Topographic 8 of 18 Eastern Land Survey Assoc. Inc. 06.22.2020 02.18.2021
Plan Lots 66A,
67A, 88-92 &
128-131
Topographic 9 of 18 Eastern Land Survey Assoc. Inc. 06.22.2020 02.18.2021
Plan Lots 93-103
and 119-127
Topographic 10 of 18 Eastern Land Survey Assoc. Inc. 06.22.2020 02.18.2021
Plan Lots 104-
117
Plan & Profile 11 of 18 Eastern Land Survey Assoc. Inc. 06.22.2020 02.18.2021
Strongwater
Drive 0+10 to
10+24.42
Plan & Profile 12 of 18 Eastern Land Survey Assoc. Inc. 06.22.2020 01.25.2021
Strongwater
Drive 20+0 to
32+0
Plan & Profile 13 of 18 Eastern Land Survey Assoc. Inc. 06.22.2020 07.24.2020
Strongwater
Drive 32+0 to
40+0
Plan & Profile 14 of 18 Eastern Land Survey Assoc. Inc. 06.22.2020 07.24.2020
Strongwater
Drive 40+0 to
END
Plan and Profile 15 of 18 Eastern Land Survey Assoc. Inc. 06.22.2020 02.18.2021
Easements
Plan and Profile 16 of 18 Eastern Land Survey Assoc. Inc. 06.22.2020 01.25.2021
Easements
Details 17 of 18 Eastern Land Survey Assoc. Inc. 06.22.2020 02.18.2021
Details 18 of 18 Eastern Land Survey Assoc. Inc. 06.22.2020 07.24.2020
Proposed A of 19 Eastern Land Survey Assoc. Inc. 06.22.2020 02.18.2021
Wastewater
Pump Station
Pedestrian Eastern Land Survey Assoc. Inc. 01.25.2021 -
Connection
Barcelona
Access
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Planning Board Decision
57 Marlborough Road—Form C Definitive Subdivision Decision
May 27,2021
Formalized Trail Figure Recon Trail Design, LLC 11.24.2020 -
Recommendatio 2.1
ns
Formalized Trail Figure Recon Trail Design,LLC 11.24.2020 -
Recommendatio 2.3
ns with POIs
3. Endorsement of the Plans
Following the statutory twenty(20) day appeal period,the Planning Board will sign the
original subdivision plans, subject to conditions of this approval,which shall be recorded at
the South Essex Registry of Deeds. Prior to endorsement of the plans,the following items
must be submitted for approval by the Planning Board:
a. A Covenant to secure the construction of ways and installation of municipal services,
including required description of mortgages and assents of mortgagees.
b. Acceptable form of grants of easements,if applicable.
c. The conditions of approval of this subdivision shall be placed on the original plans, or
referenced on the plans,or this decision shall be recorded at Essex South Registry of
Deeds prior to endorsement by the Planning Board.
4. Amendments
a. Any modification to the approved plans shall be submitted to the City Planner for
their review.The submission shall include a plan sheet with all changes from those
plans approved by the Planning Board bubbled,noted, and stamped by a licensed
professional engineer.This submission shall also include a brief narrative explaining
the proposed changes. Unless deemed insignificant by the City Planner,these
amendments shall be brought to the Planning Board.Any waiver of conditions
contained within shall require the approval of the Planning Board.
5. Timeframe
a. If such ways and services are not completed on or by July 30, 2026,approval of the
plan may be rescinded by the Planning Board,unless an extension is granted by the
Planning Board.The Planning Board acknowledges that the timeframe and
completion of the entire subdivision is anticipated to last no longer than July 30,
2026,but will not unreasonably withhold extensions.
b. The applicant shall request an extension,if required,on or before January 1,2026.
6. Progress Reports
a. Upon request from the Planning Board and/or the Department of Planning and
Community Development,the Owner shall submit a report on the progress of the
subdivision construction,estimated time until completion,expected construction
activity for the remainder of the project,and other project details.The Owner shall
provide these updated plans and schedules in writing no later than 14 days following
the request.
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Planning Board Decision
57 Marlborough Road—Form C Definitive Subdivision Decision
May 27,2021
7. Pre-Construction Conference
a. Prior to the start of work on phases 6 through 10 of 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 Owner shall submit an estimated
construction schedule at the time of the pre-construction conference.
8. Construction Practices
a. All construction shall be carried out in accordance with the following conditions:
i. Rock crushing,processing,and screening shall not be allowed at the site
unless the resulting material is reused or repurposed within the subdivision.
This is in order to reduce potential,noise, dust,and vibrations impacting the
neighboring properties and is deemed acceptable because this activity will not
take place within 300 feet of any abutters to the subdivision.
ii. Blasting, drilling,and hammering shall be undertaken in accordance with all
local and state regulations.
iii. Prior to issuance of a demolition, foundation,or building permit,the
Applicant shall submit a blasting notification plan to the City Engineer and
Fire Department, for review and approval.The Applicant shall directly
coordinate all neighborhood notification required by the Salem Fire
Department ahead of blasting events.
iv. Prior to commencement of any blasting,drilling,and hammering,and prior
to issuance of a demolition, foundation,or building permit,detailed plans for
the locations and logistics for blasting, drilling,and hammering must be
provided for review by the Clerk of the Works and approved by the City
Engineer and Fire Department to ensure that reasonable measures are taken
to limit noise,dust,and vibrations that may impact area properties.These
plans must include,but shall not be limited to, details of truck washdown
pads and coverings for trucks transporting rock,earth, or associated
materials.
v. Blasting, drilling,and hammering shall be limited to Monday-Friday between
8:00 AM until 5:00 PM. There shall be no blasting,drilling,or hammering on
Saturdays, Sundays,or state and federal holidays. Upon commencement of
blasting,Applicant is to report to the Fire Department,City Planner, and
Ward Councilor every 30 days in writing with a status update and forecast.
vi. Prior to issuance of a demolition, foundation,or building permit,the
Applicant shall provide a detailed construction vehicle access plan for review
and approval by the Director of Traffic&Parking.The intent of this
condition is to minimize construction vehicle traffic within the existing
residential neighborhoods.
vii. All provisions in the City of Salem's Code of Ordinance, Chapter 22,Noise
Control, shall be strictly adhered to.
viii. All reasonable action shall be taken to minimize the negative effects of
construction on abutters.Advance notice shall be provided to all abutters in
writing at least 72 hours prior to commencement of demolition and
construction of the project,which shall include properties within 300 feet
and current residents of completed subdivision phases within 300 feet.
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Planning Board Decision
57 Marlborough Road—Form C Definitive Subdivision Decision
May 27,2021
ix. The Applicant shall ask all abutters within 300 feet and current residents of
completed subdivision phases within 300 feet if they shall be included on a
list for written notification prior to the occurrence of any blasting event.
x. 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.
xi. A construction traffic 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.
xii. Any roadways,driveways, sidewalks,or landscaping damaged during
construction shall be restored to their original condition by the Applicant,to
the written satisfaction of the City Planner In the instance to damage to
mature city trees,the Tree Warden shall be solely responsible for determining
monetary damages and acceptable mitigation.
xid. All construction vehicles shall be cleaned prior to leaving the site so that they
do not leave dirt and/or debris on surrounding roadways as they leave the
site.
xiv. All construction vehicles shall be cleaned prior to leaving the construction
site.All streets affected by construction truck traffic shall be cleaned and
swept as necessary.
xv. All construction shall be performed in accordance with the Rules and
Regulations of the Planning Board, and in accordance with any and all rules,
regulations and ordinances of the City of Salem.
xvi. All construction vehicles left overnight at the site,must be located
completely on the site.
xvii. All construction shall take place under the direction and supervision of a
Licensed Site Professional in compliance with the rules and regulations of the
Massachusetts Department of Environmental Protection.
xviii. The Applicant shall promptly notify the Board of Health of any
environmental condition encountered during construction that may adversely
impact the abutters to the site.
9. Clerk of the Works
a. A Clerk of the Works shall be provided by the City,at the expense of the Applicant,
his successors or assigns,as it is deemed necessary by the City Engineer.
Accordingly,it is the understanding of the Board,the City Planner,the City
Engineer,and the Applicant,that the Clerk of the Works is expected to oversee and
review all civil/site improvements related to the Project,including,but not
necessarily limited to:
i. all utility cut and caps related the City's Demolition Permit;
ii. all new utility installations;
iii. all connections to,extension of,or improvements to publicly owned
infrastructure both on the Applicant's site or within the City's right of way
and any on-site stormwater or wastewater systems;
iv. all new installations or modifications to existing pavement/sidewalk/curbing;
and
v. all conditions placed on the project by an Order of Conditions from the
Salem Conservation Commission.
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Planning Board Decision
57 Marlborough Road—Form C Definitive Subdivision Decision
May 27,2021
b. The Clerk of the Works shall review and approve all proposed, or approved,changes
to the original Planning Board decision.
c. The Applicant shall submit a construction plan that includes a detailed sequence and
schedule of all construction activities related to the Project to the City Planner for
approval prior to starting work. The construction plan shall clearly detail the
sequencing, schedule and duration of all construction activities related to the Clerk of
the Works'purview. Once the construction plan is approved,it shall be used to
create a Task Order for the Clerk of the Works.
d. No work,including blasting, demolition, excavation,and grading shall start before an
approved task order for the Clerk of the Works services has been agreed upon and
approved by all parties.
10. Stormwater Management Standards, Operations, and Maintenance
a. The Applicant shall maintain records of the Stormwater Checklist with Certification
and the Operations and Maintenance Plan dated February 2,2021 and keep them on
site for a minimum of three (3) years from the date of this decision. These records
are to be made available at the request of the City Engineer and/or Conservation
Agent.
11. Roof Runoff and Recharge
The Plan identifies roof runoff to be collected and infiltrated in sub-surface chambers on ten
(10) properties: Lots 119, 120, 121, 122, 123, 124, 125, 93, 94, and 95.The following
conditions shall apply to these lots.
a. All buildings where a recharge system is proposed shall have gutters installed.The
final design of the roof drainage piping and recharge systems shall be submitted to
the City Engineer for their review and approval prior to the issuance of the building
permits for the ten (10) lots with proposed roof recharge systems.
System maintenance is to be the requirement of each homeowner or the Strongwater Crossing
Homeowners Association Trust and these requirements are to be communicated with the property
owner and included in the deed and/or Trust documents. Prior to the issuance of Certificate of
Occupancy,the Applicant shall provide sample deeds and/or the proposed Strongwater Crossing
Homeowners Association Trust document with this language to the Department of Planning and
Community Development, for reasonable review and approval as to form and content, confirming
specific responsibility for the maintenance of the roof drainage piping and the roof recharge system.
12. Retaining Wall and Culvert Details
a. Prior to review and approval of a"Street Opening Trench Permit"by the Salem
Engineering Department for the installation of any roadway utilities and street
construction,the Applicant shall:
i. Submit the final design of the culverts,headwalls,and connectivity to the
retaining wall to the City Engineering Department for review and approval.
Design must include a stamp and signature from a structural engineer
registered in the State of Massachusetts and be accompanied by results of
sub-surface soil investigations used in design,including geotechnical analysis
of foundation.
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Planning Board Decision
57 Marlborough Road—Form C Definitive Subdivision Decision
May 27,2021
13. Utilities
a. Prior to review and approval of a"Street Opening Trench Permit"by the Salem
Engineering Department for the installation of any roadway utilities and street
construction, the Applicant shall:
i. Submit the final design of the sewer pump station for review and approval to
the City Engineering Department.The design shall detail alarms and controls
to protect the adjacent resource area in the event of equipment failure.
b. Any utility installation for housing lots shall be reviewed and approved by the City
Engineer prior to the issuance of a Building Permit.All utilities shall be installed
underground.
14. Multi-Modal Access
a. The connection of the subdivision to Barcelona Drive shall allow for access/egress
by pedestrians,bicyclists, and other non-motorized road users,and for emergency
vehicle access/egress.
b. A 48" accessible clear zone exclusive of curbs shall be provided adjacent to the
operable locked emergency vehicle gate to allow for the non-vehicular passage of
pedestrians.
15. Waivers
a. In approving the Plans,the Board is hereby granting the following waivers of the
Subdivision Rules and Regulations:
i. Section IV A.1.£ says "The minimum centerline radii of curved streets shall
be two hundred thirty(230) feet. Greater radii may be required for principal
streets."
1) Strongwater Drive horizontal curve radii do not meet the
minimum two hundred thirty (230) foot curve radii at several
stations,as referenced on the approved plans,where the radii
range from 155 to 220 feet. However,these horizontal curves
meet the minimum required radius for the 15 mph and 20 mph
design speeds in accordance with MassDOT Project
Development Design Guidebook and the subdivision regulation
is hereby waived.
Note that the following waivers were approved in 2006 and this decision affirms those waivers:
i. Section IV A.2 Street width is waived to allow construction and operations of the
streets and ways as shown on the Revised Plans.
ii. Section IV A.4.a. Length of Dead-end Streets. Dead-end streets may exceed the
five hundred (500) foot maximum stated the Subdivision Rules and Regulations to
be as shown on the Revised Plans.
a Section VI Time For Completion
Recognizing the size and complexity of this subdivision as a phased subdivision,
this Section is waived with the condition that the installation of the municipal
services shall be completed by July 30,2026 unless further extended by the Board.
In the judgment of the Board,the granting of the above waivers is in the public interest and
not inconsistent with the intent of the subdivision control law.
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Planning Board Decision
57 Marlborough Road—Form C Definitive Subdivision Decision
May 27,2021
16.As-built Plans & Street Acceptance Plans
b. As-built Plans and Street Acceptance Plans, stamped by a Registered Professional
Engineer,shall be reviewed and approved by the Clerk of the Works,then submitted
to the Department of Planning and Community Development and Department of
Public Services prior to the issuance of the final Certificate of Occupancy for the
subdivision and/or the acceptance of any streets.As-built plans shall identify 10 the
number,location,depth,size, and materials of all buried utilities and 2) locations and
rims and invert elevations of all manholes and structures.
c. The As-Built plans shall be submitted to the City Engineer in an electronic file
format suitable for the City's use and approved by the City Engineer,prior to the
issuance of the final Certificate of Occupancy for the subdivision and/or the
acceptance of any streets.
d. A completed tie card, a blank copy (available at the Engineering Department) and a
certification signed and stamped by the design engineer, stating that the work was
completed in substantial compliance with the design drawing must be submitted to
the City Engineer prior to the issuance of the final Certificate of Occupancy for the
subdivision and/or the acceptance of any streets;as well as,any subsequent
requirements by the City Engineer.
17.Violations
b. Violations of any condition may result in revocation of this permit by the Planning
Board,unless the violation of such condition is cured within thirty (30) days after
written notice thereof,or waived by a majority vote of the Planning Board.
I certify that a copy of this decision and plans has been filed with the City Clerk and copies are on
file with the 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 or is recorded on the
Owner's Certificate of Title if Registered Land. The Owner or Applicant,his successors or assigns,
shall pay the fee for recording or registering.
V S_`""
o_<J�4
William Griset
Chair
9