A whopping 42 conditions were added to the Saugus Planning Board’s decision approving the site plan, master plan, and hillside protection permit for the proposed Maddy’s Place development at 1631-1639 Broadway in between the board’s approval of a draft decision and the filing of the final document with the town clerk.

It’s not entirely clear how the additional conditions came to be, as many were not discussed during the Planning Board meeting in which the approval was granted. Two conditions were added to the draft decision, which initially featured 38, following the meeting, bringing the total number to 40, according to a copy of the decision sent to Planning Board Clerk Nancy Stead obtained by The Item. Those additions reflect conditions discussed by the board during its Jan. 4 meeting and are reflected in the final document, which features 82 conditions. 

Most, if not all, of the additional 42 were not discussed by the Planning Board and are not reflected in the meeting minutes for the Jan. 4 meeting where the decision was approved.

The final decision was filed with the town clerk’s office on Jan. 31, and the document states the applicant, the Wong family, agreed to extend the filing deadline in writing submitted to the Planning Board. Saugus’ zoning bylaws dictate that decisions are filed with the clerk 14 days after a public hearing is closed, meaning in this case the deadline would have been Jan. 18, the same day a decision for another project discussed that same day was filed.

An Item request for the deadline extension agreement went unanswered on Tuesday.

The Planning Board did not meet between Jan. 4 and Jan. 31, and there was no discussion of the proposal during the board’s Feb. 1 meeting. The board does have the power to reopen a public hearing for a project if it determines that the draft decision previously motioned and approved is ultimately insufficient, but that step was not taken.

Many of the added conditions do not substantially alter the details of the proposal or the approval as voted on by the Planning Board. But together, they require additional hoops for the development as it proceeds toward completion.

The development will see 74 units of housing constructed across two buildings at the former Victor’s Italian site at 1631-1639 Broadway, adjacent to Essex Landing. One building will be forward-facing on Route 99, while the other will be situated farther back on the lot. The first building will feature a first-floor restaurant and rooftop bar, with housing in between.

The decision now states any change of use for that first building constitutes a “major modification” and would require review and reapproval by the Planning Board. The number of parking spaces at the site, too, cannot be modified without approval from the Planning Board.

Many conditions included in the draft decision were modified or expanded upon in the final document, including restrictions on signage, lighting, stormwater management, plantings, and snow storage, among others.

The document also dictates that the provisions laid out in the decision run with the land, and are binding if the applicant sells, transfers, or assigns its interest in the development.

Many of the additions to the decision are conditions that must be fulfilled prior to the issuance of a building permit, including prohibiting burning or burial of construction or demolition debris, requiring all dumpsters to be enclosed and covered, permitting board members to observe and inspect the property and construction until a final occupancy permit is issued, and requiring a temporary sign to be erected including project and contact information.

The decision also allows the town to take action if any default, violation, or breach of the conditions by the applicant is not remedied within 30 days after receiving notice of said default, violation, or breach. If the town brings any claim to enforce the conditions listed in the decision, and prevails in a legal proceeding, the developer would be required to reimburse the town for any legal fees and expenses incurred.

The decision is signed by three members of the Planning Board, including Vice Chair Jeannie Meredith. Meredith did not return a phone call seeking clarity on the additional conditions on Tuesday.