SALEM — The Salem Planning Commission agreed to accept the landfill on the Don Santee Painter Road subdivision on Monday, without opposition.
The landfill reflects the reduction of the development from 11 lots to 10 as well as agreed deed restrictions that were part of a lawsuit filed by some neighbors of the project.
Local attorney Bruce Williams told commission members that the amended deed restrictions, which form part of the Court of Common Pleas judgment, were all accepted by all parties.
“It’s not everything everyone wanted, but everything everyone agreed on” he said, adding that it is signed by all parties.
The lawsuit stemmed from the dropping of two deed restrictions that required garage doors at the back or side of a lot and no cement blocks appearing on the foundation. The Salem Planning Commission had approved the flat for subdivision in October 2020 with deed restrictions requiring garage doors at the back or side of a lot, hard surface driveways, no block of visible cement, no trailers, motorhomes or boats stored outside and the installation of a detention system on the ground.
The lawsuit was settled in December.
According to the settlement, the two owners of lots one and two could obtain their building permits and begin construction immediately, with their garage doors facing forward. The garage doors on two other lots (three and four) can also face the front, but the others (lots five through 10) must face the side or be behind the houses. None of the houses can have a visible cement block on the foundation.
All other deed restrictions remained intact, requiring hard-surfaced driveways, no trailers, RVs or boats stored outside, and the installation of a detention system in the grounds.
One of the houses is already built on lot two and the land has been broken for the one next door on lot one. Sales of the properties on lots three and four should close soon, according to realtor Rick Herron.
“People who are closer to three and four are aware of these changes?” commission member Barb Loudon asked.
Herron said they knew. Part of the reason Lot 11 was eliminated was to increase the frontage of the remaining five lots so that they could fit to the side or behind the garages of the house.