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13 CHERRY HILL AVENUE - BUILDING JACKET Super ob® Oversized-Tab Fokers 90%LargerLabelArea ' ■.v■ SMEA6 KEEPING YOU ORGANIZED NIo.103" mora ftwomm mooldInuM GET ORGANMM AT$MEAD.COM +"W0000maa oxrosrco� ��tONU►T�, CITY OF SALEM, MASSACHUSETTS Q' BOARD OF APPEAL 9��1M(Neo 120 WASHNGTON STREET♦ SALEM,K�SSACHUSMS OIIRJAN 29 P 12: 45 IU\IRSRLE:Y DmscoLL TrLLE.:978-745-9595 ♦ FAX:978-740-9846 MAYORFII_E # CITY CLE2K, SALEM, tIASS. January 29, 2014 Decision City of Salem Board of Appeals Petition of PETER HANTZOPOULOS requesting Variances under Section 4.0 Dimensional Requirements of the Salem Zoning Ordinance to allow the creation of two lots, each smaller than the required minimum lot area of 15,000 square feet, and with less than the required minimum lot frontage of 100 feet and the required minimum lot width of 100 feet, for the property located at 13 CHERRY HILL AVENUE (Rl Zoning District). A public hearing on the above Petition was opened on December 18, 2013 pursuant to M.G.L Ch. 40A, ( 11. The hearing was closed on January 15, 2014 with the following Salem Board of Appeals members present: Ms. Curran (Chair),Ms. Harris (Vice Chair),Mr. Dionne,Mr. Duffy, Mr. Watkins, and Mr.Tsitsinos. The Petitioner seeks Variances from Section 4.0 Dimensional Requirements of the Salem Zoning Ordinance. Statements of fact: 1. In the petition date-stamped September 25, 2013, the Petitioner requested Variances to allow the creation of two lots from one existing lot. 2. Attorney John Keilty presented the petition for the property at 13 Cherry Hill Avenue. 3. The requested Variances would allow the creation of two lots, each smaller than the required minimum lot area of 15,000 square feet, and with less than the required minimum lot frontage of 100 feet and the required minimum lot width of 100 feet. Proposed Lot A would have a lot area of 11,413 square feet, 75.0 feet of frontage, and a lot width of 74.26 feet. Proposed Lot B would have a lot area of 11,416 square feet, 75.0 feet of frontage,and a lot width of 75.8 feet. 4. The single lot now in existence was created from the merging of 3 separate lots. The three lots were recorded on a plot plan drawn in October 1925 by Thomas A. Appleton, C.E. The three lots were conveyed to Peter Hantzopoulos and his wife in August 1962. In 2013, Mr. Hantzopoulos conveyed the land to himself and his wife as Trustees of the Hantzopoulos Irrevocable Trust. In this 2013 conveyance, the land was still described in reference to the three lots as drawn in the 1925 plot plan. r 5. In 1965 the City of Salem adopted a Zoning Ordinance, which zoned the three lots as Rl. The three lots were undersized according to the requirements of the R1 zone, and as the three lots were under common ownership they were, after two years lapsed, merged into one lot of 22,829 square feet, 150 feet of frontage, and 150.06 feet in width. These dimensions exceed the requirements of the Rl zoning district for a minimum area of 15,000 square feet, minimum frontage of 100 feet, and minimum width of 100 feet. 6. The applicants were,unaware of the merging of the three lots under their ownership. The reduction of the three lots to one lot imposes an economic hardship on the applicants. 7. The three lots were regularly-shaped lots, lined up side-by-side along the frontage on Cherry Hill Avenue. City of Salem Board of Appeals January 29,2014 Project: 13 Cherry Hill Avenue Page 2 of 2 8. The petitioners are not seeking to recreate the original three lots, but rather to divide the one lot into two lots. 9. The existing large single lot is out of character with the neighborhood, which is largely comprised of smaller lots with smaller residences. 10. At the public hearing,no members of the public spoke in favor of, or in opposition to, the petition. The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the petition, including the application narrative and plans, the Petitioner's presentation and public testimony, and a memorandum submitted to the Board at the hearing, makes the following findings that the proposed project meets the provisions of the City of Salem Zoning Ordinance: Findings: I. The three original lots were regularly-shaped lots, and were lined up side-by-side along Cherry Hill Avenue. This creates a unique condition in which a literal enforcement of the Dimensional Requirements under the City of Salem's Zoning Ordinance, specifically the required minimum lot area of 15,000 square feet, the requited minimum lot frontage of 100 feet, and the required minimum lot width of 100 feet,would be a substantial hardship to the appellant. 2. The desired relief may be granted without substantial detriment to the public good. 3. The desired relief may be granted without nullifying or substantially derogating from the intent or purpose of the City of Salem Zoning Ordinance. The development of the land as two smaller lots would be more consistent with the character of the neighborhood than the development of the one large lot. The existing single lot was created from the merging of three lots, but the applicant seeks only to divide the existing lot into two lots. On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5) in favor (Nis. Curran— Chair, Mr. Watkins,Mr. Dionne, Ms. Harris, and Mr. Duffy), none (0) opposed, to approve the Variances from: the required minimum lot area of 15,000 square feet to allow the creation of Lot A at 11,413 square feet and Lot B at 11,416 square feet; the required minimum lot frontage of 100 feet to allow a lot frontage of 75.0 feet at Lot A and 75.0 feet at Lot B; the required minimum lot width of 100 feet to allow a lot width of 74.26 feet at Lot A and 75.8 feet at Lot B; subject to the following terms, conditions, and safeguards: 1. The Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall display said number so as to be visible from the street. 3. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. a ma /.U� Rebecca Curran, Chair Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Lays Chapter 4024, and shall be filed vithin 20 days of filing of this decision in the office of the City Clerk. Pursuant to the Massachusetts General Jas Chapter 40A, Section 11, the Varianae or Special Permitgranted berein shall not take effect until a copy of the decimn bearing the certicoto of 1he Cite Clerk bas been fled with the Essex So;ah Registry of Deeds. CITY OF SALEM ROUTING SLIP New Construction Certificate of Occupancy Y LOCATION aJc- DATE ASSESSORS DATE 93 Washington St. CITY CLERK DATE 93 Washington St. S PUBLIC SERVICES DATE 120 Washington St. �i' WATER - DATEy(w( 120 Washington St. CROSS CONNECTION04k-- DATE S Jefferson Ave PLANNING caj DATE_ Otd- 120 Washington t. CONSERVATION DATE 120 Washington St. ELECTRICAL DATE 48 Lafayette St. FIRE PREVENTION DATE 29 Fort Avenue HEALTH DATE 120 Washington St. BUILDING INSPECTOR DATE 120 Washington St. CITE' OF SALEM ROUTING SLIP New Construction Certificate of Occupancy Y LOCATION �JL DATE 6 ASSESSORS DATE 93 Washington St. CITY CLERK DATE 93 Washington St. S PUBLIC SERVICES DATE 120 Washington St. WATER 04�: DATE 120 Washington St. T— CROSS CONNECTION DATE S Jefferson Ave Q PLANNING - Caj—DATE, 120 Washington t. CONSERVATION DATE 120 Washington St. ELECTRICAL DATE 48 Lafayette St. FIRE PREVENTION DATE 29 Fort Avenue HEALTH DATE 120 Washington St. BUILDING INSPECTOR DATE 120 Washington St. Commonwealth of Massachusetts Citv of Salem 120 Washington St,3rd Floor Salem,MA 01970 978 745-9595 x5641 ngton ( ) Return card to Building Division for Certificate of Occupancy Permit No. B-17-842 PERMIT TOB FEE PAID: $1,400.00 UILD DATE ISSUED: /89 /2017 This certifies that HANTZOPOULOS FAM IRRE TRUST 2013 HANTZOPOULOS has permission to erect, alter, or demolish a building, 13,CHERRY HILL.AVENUE Map/Lot: 140225-0 as follows: Other Building Permit NEW'Ct mstRucro�1 KA2j00 ,SINGLE FAMILY HOME requested by Cherry Hill LLC/R604 CiiMan�bro Contractor Name: ROSS DIMAMBRO DBA: DIMAMBRO&SON CONSTRUCTIgN, Contractor License No: CS-107473 r 9/8/2017 wilding C)ff1dal Date This permit shall be deemed abandoned and invalid unless tate work aulttOrized rertwliCis torivroloadVithk1sk-Inonths;after issuance.The Building Official may grant one or more extensions not to exceed six months each upon wriMirrrequelit; All work authorized by this permit shall conform to the approved application and the approved constructio#►d6 tkir v+hich this permit has been granted. All construction,alterations and changes of use of any building and structures shall be in compliance with the ktel.lotting;by- bnd codes. This permit shall be displayed in a location clearly visible f rh access sUeet or road and shall be maintained open;ftu liiub ittsp on for the entire duration of the work until the completion of the same. The Certificate of Occupancy will not be issued until all applicable sigtnNUres by the Building and Fire Officials M*plow th ,perrruit H I C#: 181929 'Persons•c W wWv wurb bd cr aCiats do not hulvb s to•thp r e ntj fund'(asset forth In MGL c.142A). Restrictions: Building plans are to be available on site. All Permit Cards are the property of the PROPERTY OWNER. ,. 5 ' Citv of Salem 120 Washington St,3rd Floor Salem,MA 01970(978)745-9595 x5641 Return card to Building Division for certificate of Occupancy Structure CITY OF SALEM BUILDING PERMIT Excavation PERMIT TO BE POSTED IN THE WINDOW Footing INSPECTION RECORD Foundation Framing Mechanical £ T F k Insulation `INSPECTION: y�ht; Y DATE Chimney/Smoke Chamber ff� Final —2,50-0 Plumbing/Gas Rough:Plumbing Rough:Gas Final Electrical Service { ,� ' 4 fi Final Fire partment Preliminary Fin wY` rte' Health Department x j Preliminary Final rSuperTab® ave*4T*fowM 90%LargerLabelArea • •�••• //! SMEAD KEEPING YOU ORGANIZED Mm mom nr•arwr Elft InUDA GET ORC%4N=AT SMEAD.COM INUM=caaea is tosvost4am Ex i3 CSV'l atop Nilc2 q7r-3--3--S-3c"3 CITY OF SALEM a 3 z ROUTING SLIP New Construction ✓ Certificate of Occupancy LOCATION �3 Ck F/,%/ f/DATE ITC���y � I, ,� /�✓� ASSESSORS DATES (- J 93 Washington St. tl f CLERK �&,q lmL2-,-j DATE $ 93 Washington'-94. t UBLIC SERVICE'S�_DATE_ f 3� 0 Washington S ATER DATE 11111 70 Washington StROSS CONNECTION DATEefferson Av n� D PLANNING GtA DATE 120 Washington St. CONSERVATIO DATE 5 I LjQ 2013- 120 Washington St. ELECTRICAL .SZZ7 D 48 Lafayette St. FIRE PREVENTION DATE 29 Fort Avenue HEALTH DATE 120 Washington S . BUILDING INSPECTOR DATE 120 Washington St. .� YONU1 CITY OF SALEM MASSACHUSETTS BOARD OF APPEAL 9��tMjNg_W - -- 1zoWAsFuvcroNsntEar # SALEM,i\cAss:,cIiustrrsoY0N JAS 29 P 12: 45 (V\fHERLEI'DRtscot.L TELE:978-745-9595 ♦ FAX:978-740-9846 NIAYOR FILE It CITY CLEF!K. SALEM, MASS, January 29, 2014 Decision City, of Salem Board of Appeals Petition of PETER HANTZOPOULOS requesting Variances under Section 4.0 Dimensional Requirements of the Salem Zoning Ordinance to allow the creation of two lots, each smaller than the required minimum lot area of 15,000 square feet, and with less than the required minimum lot frontage of 100 feet and the required minimum lot width of 100 feet, for the property located at 13 CHERRY HILL AVENUE (R1 Zoning District). A public hearing on the above Petition was opened on December 18, 2013 pursuant to M.G.L Ch. 40A, 9 11. The hearing was closed on January 15, 2014 with the following Salem Board of Appeals members present: Itis. Curran (Chair), Ms. Harris (Vice Chair), Mr. Dionne, Mr. Duffy,Mr. Watkins, and Mr. Tsitsinos. The Petitioner seeks Variances from Section 4.0 Dimensional Requirements of the Salem Zoning Ordinance. Statements of fact: 1. In the petition date-stamped September 25, 2013, the Petitioner requested Variances to allow the creation of two lots from one existing lot. 2. Attorney John Keilty presented the petition for the property at 13 Cherry Hill Avenue. 3. The requested Variances would allow the creation of two lots, each smaller than the required minimum lot area of 15,000 square feet, and with less than the required minimum lot frontage of 100 feet and the required minimum lot width of 100 feet. Proposed Lot A would have a lot area of 11,413 square feet, 75.0 feet of frontage, and a lot width of 74.26 feet. Proposed Lot B would have a lot area of 11,416 square feet, 75.0 feet of frontage, and a lot width of 75.8 feet. 4. The single lot now in existence was created from the merging of 3 separate lots. The three lots were recorded on a plot plan drawn in October 1925 by Thomas A. Appleton, C.E. The three lots were conveyed to Peter Hantzopoulos and his wife in August 1962. In 2013, Mr. Hantzopoulos conveyed the land to himself and his wife as Trustees of the Hantzopoulos Irrevocable "Crust. In this 2013 conveyance, the land was still described in reference to the three lots as drawn in the 1925 plot plan. 5. In 1965 the City of Salem adopted a Zoning Ordinance, which zoned the three lots as Rl. The three lots were undersized according to the requirements of the Rl zone, and as the three lots were under common ownership they were, after two years lapsed, merged into one lot of 22,829 square feet, 150 feet of frontage, and 150.06 feet in width. These dimensions exceed the requirements of the Rl zoning district for a minimum area of 15,000 square feet, minimum frontage of 100 feet, and minimum width of 100 feet. 6. The applicants were unaware of the merging of the three lots under their ownership. The reduction of the three lots to one lot imposes an economic hardship on the applicants. 7. The three lots were regularly-shaped lots, lined up side-by-side along the frontage on Chern Hill Avenue. a' z City of Salem Board of Appeals January 29,2014 Project: 13 Cherry Hill Avenue Page 2 of 2 8. The petitioners are not seeking to recreate the original three lots, but rather to divide the one lot into two lots. 9. The existing large single lot is out of character with the neighborhood, which is largely comprised of smaller lots with smaller residences. 10. At the public hearing, no members of the public spoke in favor of, or in opposition to, the petition. The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the petition, including the application narrative and plans, the Petitioner's presentation and public testimony, and a memorandum submitted to the Board at the hearing, makes the following findings that the proposed project meets the provisions of the City of Salem Zoning Ordinance: Findings: 1. The three original lots were regularly-shaped lots, and were lined up side-by-side along Cherry Hill Avenue. This creates a unique condition in which a literal enforcement of the Dimensional Regxiremenls under the City of Salem's Zoning Ordinance, specifically the required minimum lot area of 15,000 square feet, the required minimum lot frontage of 100 feet, and the required minimum lot width of 100 feet,would be a substantial hardship to the appellant. 2. The desired relief may be granted without substantial detriment to the public good. 3. The desired relief may be granted without nullifying or substantially derogating from the intent or purpose of the City of Salem Zoning Ordinance. The development of the land as two smaller lots would be more consistent with the character of the neighborhood than the development of the one large lot. The existing single lot was created from the merging of three lots, but the applicant seeks only to divide the existing lot into two lots. On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5) in favor (Nis. Curran—Chair, blr. Watkins, Mr. Dionne, Ms. Harris, and Mr. Duffy), none (0) opposed, to approve the Variances from: the required minimum lot area of 15,000 square feet to allow the creation of Lot A at 11,413 square feet and Lot B at 11,416 square feet; the required minimum lot frontage of 100 feet to allow a lot frontage of 75.0 feet at Lot A and 75.0 feet at Lot B; the required minimum lot width of 100 feet to allow a lot width of 74.26 feet at Lot A and 75.8 feet at Lot B; subject to the following terms, conditions, and safeguards: 1. The Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall display said number so as to be visible from the street. 3. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. (�,Vrdvl j Rebecca Curran, Chair Board of Appeals A COPT OFTHIS DECISION HAS BEEN PILED%YTTH THE PLANNING BOARD AND'PHE CI"IY CLERK Appeal from lbdeeuion, f any, sball be made pursuant to Section 17 of the rblaetachruels General Lams Chapter FOA, and shall hie filed within 70 du)v of filing of tbu dediion in the ojrce of the City Clerk. Pugwant to the tblasrachusells General Laws Chapter JOA, Seclion I/, the I'aruorre or .Special Permit granted herein shall not lake elfec/wail a copy of 1he de,ision bearing me cer7_ilitate o%!be Cnly Clerk has been filed will)Me Fs se.% Swab Rggiiiry q/Deeds. Request for Extension of Deadline for Planning Board Final Action Location: 13 Cherry Hill Avenue Date: April 2, 2014 Applicant Name: Peter Hantzopoulos, Trustee Type of Application(s): XX Approval Not Required (ANR) Plan Preliminary Subdivision(Form B) Plan Definitive Subdivision(Form C) Plan Wetland and Flood Hazard Special Permit Wireless Communications Special Permit Site Plan Review Cluster Development Special Permit XX Waiver of Frontage Special Permit Planned Unit Development Special Permit Business Park Development Special Permit As a duly authorized agent for the above applicant, I respectfully request an extension of the deadline for Planning Board final action on the above listed application(s)until the date listed below. Date to Extend final action: April 24, 2014 Signature RFpre nt a for p licant: Date: f April 2, 2014