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SALEM -- The Salem Planning Commission agreed to accept the replat on the Don Santee Painter Road housing development Monday, with no opposition.
The replat reflects the reduction of the development from 11 lots to 10 and also the agreed upon deed restrictions that were part of a lawsuit by some neighbors of the project.
Local attorney Bruce Williams told commission members that the modification of the deed restrictions, which are part of the judgment of Common Pleas Court, have all been agreed upon by all parties.
"It's not everything that everybody wanted, but everything that everyone agreed to," he said, adding it's signed by all parties.
The lawsuit stemmed over the dropping of two deed restrictions that required garage doors at the rear or side of a lot and no cement block showing on the foundation. The Salem Planning Commission had approved the plat for the subdivision in October 2020 with deed restrictions requiring garage doors at the rear or side of a lot, hard surface driveways, no cement block showing, no trailers, campers or boats stored outside and installation of an on-lot detention system.
The lawsuit was settled in December.
According to the settlement, the two lot owners for lots one and two could obtain their building permits and begin construction immediately, with their garage doors facing front. The garage doors on two other lots (three and four) can face front also, but the rest (lots five through 10) have to face the side or be behind the homes. None of the homes can have cement block showing on the foundation.
All other deed restrictions remained intact requiring hard surface driveways, no trailers, campers or boats stored outside and installation of an on-lot detention system.
One of the homes is already up on lot two and ground has been broken for the one next door on lot one. The sales of the properties on lots three and four are expected to close soon, according to realtor Rick Herron.
"The people closing on three and four are aware of these changes?" commission member Barb Loudon asked.
Herron said they're aware. Part of the reason lot 11 was eliminated was to increase the frontage for the remaining five lots so they can fit side-facing or behind the home garages.