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0 CHERRY HILL AVENUE - LOTS 517, 519, 521 - BUILDING INSPECTION �eLOTS # 517, 519, 521 s. CHERRY HILL AVENUE 7 RM r MINE V fT,y .REE-E 'r'tE;D MICHAEL E.O'BRIEN CITY OF SALEM CITY SOLICITOR MASSACHUSETTS -1ARY P. HARRINGTON 93 WASHINGTON STREET ASSISTANT CITY SOLICITOR and 93 WASHINGTON STREET 187 FEDERAL STREET and SALEM,MA 01970 59 FEDERAL STREET 7455-4311 SALEM, MA 01970 7443363 - 7440350 Please Reply to 187 Federal Street Please Reply to 59 Federal Street April 4, 1984 Richard T. McIntosh Zoning Enforcement Officer City of Salem One Salem Green Salem, Massachusetts 01970 Re: Lots 517, 518, 521 Cherry Hill Avenue Dear Mr. McIntosh; With reference to your letter of Apri1. 2, 1984 , I answer your inquiry as follows; ' 1. The lots are non-conforming; 2 . The variance has been exercised. by recording and Planning Board approval. If you have any further questions, please feel free to contact me. Ver my yours, Michael E. OtBrien City Solicitor MEO/jp F situ of "SaIPm, c�sS�IL LtS° : „ y�� � �a s �uh1u �rII�Ertg �E�tttrfmPut sRe� nsoa'r pui1Ding pryartl'nd Richard T. McIntosh One Salem Green 745-0213 April 2,1984 Michale O'Brien Re: Epts # 517,519,521 City Solicitor City of Salem Cherry Hill Avenue Dear Mr. O'Brien: Would you please give- me a written opinion regarding the enclosed copy of the Board of Appeals decision. 1. Are the lots non-conforming today, or has the variance expired? 2. Have the rights of the variance been exercised, if the decision has been recorded at the Registry. of Deeds?(Sec 10 Chapter 40A)_.MSGL Thank you for your attention to this matter. Very truly yours, Richard T. McIntosh Zoning Enforcement Officer RTM:mo' s y,A.Gd.Jl sy+'4 CHU of RECE_!Y(cD Poarb of AFF29OEC Zfl I? ?H 3013 GlFY CLcl;t,•S OFFICE DECEMBER 19, 1979 SALEN,MASS: DECISION ON THE PETITION OF-PETER AND CAROL KATSARAKES REQUESTING A VARIANCE FOR LOTS 4x`517, #519, and #521 CHERRY HILL AVENUE A hearing on this Petition was held on December 19, 1979 with the following Board Memberspresent: James H.-Boulger, Jr., Chailxian,"Messrs Nutting, LaBrecque, Feeherry and Associate Member Luzinski. Notices of the - hearing were sent to abutters and a notice of the hearing was published in the Salem Evening News on December 5, 1979 and December 12, 1979, in accordance- with Massachusetts General Laws, Chapter 40A. The Petitioners have requested a variance for the property designated as Lots 4x517, 4x519, and 4521 Cherry .Hill Avenue to combine these three lots 7 . into two lots each containing approximately 12,000 square feet of area and having 75 feet of frontage. A variance is required because the lots are in an R-1 district where building lots must have 15,000 square feet of area and 100 feet of frontage, The Board of Appeals, after consideration of the evidence presented at the public hearing makes the following findings of fact: 1. Previously each of the lots in question was under the then applicable zoning laws, suitable for construction of a single family dwellings in this R-1 district. Recent amendments to the zoning .laws:caused these three lots to become a single lot. 2. The homes in the area surrounding these lots are, in general, constructed upon lots smaller than 10,000 square feet with less than . 100 feet of frontage. On the basis of the above findings of fact, and the evidence presented at the public hearing, the Board of Appeals concludes as follows: 1. The three lots in question, each of which was previously suitable for construction of a single family dwelling, have become a single lot by operation of law. 2. The conditions described above especially affect the land in question but do not generally affect the zoning district in which the building is located. 3. The conditions described above affect the land in question, but not the zoning district generally, cause the following special hardship; Without a variance, the land in question cannot be developed in a manner consistent with the surrounding neighborhood. RECEEYEEI A paarb of Appvd DEC [b 17 ?t4 '1g ��rE CITY OFFICE SALEN.MASS. PACE TWO - DECISION PETER & CAROL KATSARAKES, LOTS #517, #519,- and #521 CHERRZ HILL AVEN M 4. The desired variance maybe granted without substantial detriment to the public good. Therefore, the Board of Zoning Appeals by.a 5-0 vote, approves the granting Of the requested relief, and grants a variance to the petitioners on the following terms and conditions: The three lots in question can, conditioned upon approval by the Planning Board be combined in accordance with the plans submitted to this Board into 2 lots each with 75 feet of frontage and approximately 12,000 square feet of area. GRANTED . /ss^ .. .. �i Anthony W Feeherry / Acting Secretary R. t ^i is t ._ e,. CF; r .i • i - 41 .'i;uh A G=;3E n?SS. T.:::. .� Gni$ :ty:i i?° L+.'.-_ - •v Gr ...ta ....,.:'i ! ...C. .s cep :...^u. iiL:::� 77, Tt(ai, lr '.'CB C:., ?.. ': F'.) ..r.�.-.. .::.] iiEa .. RQ . l: PAS EE:! 1!ic y . r �' 4� HEN D'SrICS.v CR G ;ii=G 1S i7 Tr; SGGi:i ESbEX i2fi:��: Q, ::F';c ,:'fl ••�E:;t9 i' !.4.'*: ..i.• - Qi'r^KCQ Q C .. '• iR_ t.. ?;2 t Tii: C4'iilG2 - R I$ F1:CQ'd3:G dtii; :iG�Ed G:: TE.. G:i!i;,n'�S CERmFICnT: GF T.' F - A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERE: vf J✓ ,, �^ S Pgarb of cA DEc j8 1 p� , 79 r. CITY c��;;t �; OFFICE DECEZ4BER 19, 1979 SALEM, MASS, DECISION ON TEE PETITION OF PETER AND CAROL KATSARA ES REQUESTING A VARIANCE FOR LOTS 3"x517, ff519, and 1#521 CHERRY HILL AVENUE A hearing on this Petition was held on December 19, 1979.with the following Board Members present: James H. Boulger, Jr., Chai=au, Messrs- Nutting, LaBrecque, Feeherry and Associate Member Luzinski. Notices of the hearing were sent to abutters and a notice of the Hearing was published in the Salem Evening News on December 5, 1979 and December 12, 1979, in accordance . frith Massachusetts General Laws, Chapter 40A. The Petitioners have requested a variance for the property designated as Lots x517, -9519, and ,$521 Cherry Hill Avenue to combine these three lots -into two lots each containing approximately 12,000 square feet of area and having 75 feet of frontage. A variance is required because the lots are in an R-1 district where building lots must have 15,000 square feet of area . and 100 feet of frontage. The Board of Appeals, after consideration of the evidence presented at the public hearing makes the following findings of fact 1. Previously each of the lots in question was under the then applicable zoning laws, suitable for construction of a single family dwellings in this R-1 district. Recent amendments to the zoning laws caused these three lots to become a single lot. 2. The homes in the area surrounding these lots are, in general, constructed upon lots smaller than 10,000 square feet with less than . 100 feet of frontage. on the basis of the above findings of fact, and the evidence presented at the public hearing, the Board of Appeals concludes as follows. 1. The three lots in question, each of which was previously suitable- for uitablefor construction of a single family dwelling, have become a single lot by operation of law. 2. The conditions described above especially affect the land in question but do not generally affect the zoning district in crhich the building 3. 2:1e conditions described above affect the land in question, but not the zoning district generally, cause the folla:aing special hardship; Without a variance, the land in question cannot be developed in a manner consistent with the surrounding neighborhood. - ' EC MW E:tVI.D P_�i Dig [b f 17 ?ti '79 CITY C c :: GFFICE SALEM. MASS. v PAGE Two - DECISIOY - PETER & CAP.OL SATSAILAXES, LOTS A517, 0519,' and C-521 CHERRY HILL AVENUE 4. The desired variance may be granted without substantial detriment to the public good. " Therefore, the Board of Zoning Appeals by a 5-0 vote, approves the granting of the requested relief, and grants a variance to the petitioners on the following terms and conditions: The three lots in question can, conditioned upon approval by the Planning Board be combined in accordance with the plans submitted to this Board into 2 lots each with 75 feet of frontage and approximately 12,000 square feet of area. GRANTED � - Anthony rY: Feeherry -Acting Secretary 17 CF—;;[ £s :.:i5 _.-,.S:3'J i ..:.� L•: .ZL C .::1 �... -iS"u :T 1:.r=Y7, Si:, R. Lf D. - : Cil' :-� .. .-�:2: Ql'.� :.. ;- q. , ..� .�, .���,• •! -� C:::li:17. !n =c'LY. f.7 i.?F_.tiTY.AS :%E : r r^t F.T i' ^tSf 5'c°•'! �:�<YS" - jS . IY T?r so:aa E�Szz vEr; ir.: C e�'_::: :::!1 'it'ci:[7 C'�., ^ Gr - SZ<'iKiuAQ Cxi 1$$ECUzz. .lis'.` :XiEU, ON TFi:7:i^ n S CzPT:RC-Qi Gr'T:TLi. A COPY OF THIS DECISION HAS BEEN I.•T i FD W1 UH THE PLA UNG BOARD AND TIM CITY CLERIC _lt '