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50 Circle Hill Dr. Decision STAMPED CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS �_-- 98 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970 DOMINICK PANGALLO TEL:978-619-5685 ' MAYOR >''? July 1, 2024 Decision ' City of Salem Board of Appeals The petition of PASQUANNA DEVELOPERS, INC. at 50 CIRCLE HILL ROAD (Map 9, Lot 256) (R1 Zoning District). This is a refiling for a Variance from Section 4.1.1 Dimensional Requirementsof the Salem Zoning Ordinance to construct two (2) single-family dwellings on five (5) separate and contiguous land court parcels. One proposed dwelling will meet the requirements of the Salem Zoning Ordinance for R1 Zoning. The other proposed dwelling will be constructed at 10,788 square feet. The relief, if granted, would be for minimum lot area, lot area per dwelling unit and lot width. A public hearing on the above petition was opened on June 12, 2024, pursuant to M.G.L Ch. 40A, § 11 and was closed on June 12, 2024. On June 12, 2024, the following members of the Salem Board of Appeals were present: Nina Vyedin (Chair), Paul Viccica, Hannah Osthoff, Ellen Simpson and Stephen Larrick. Statements of Fact: The petition is date stamped March 29, 2024. The Petitioner seeks the Board of Appeals approval to construct two single family homes. One home will meet zoning requirements, the other home will need dimensional relief from minimum lot area, lot area per dwelling unit and lot width. 1. 50 Circle Hill Road is owned by Pasquanna Developers, Inc. 2. The petitioner was Pasquanna Developers, Inc. 3. 50 Circle Hill Drive is located in the R1 Zoning District (Map 9, Lot 256). 4. On June 12, 2024, Patrick Delulis presented to the board. 5. Mr. Delulis explained to the board that he is seeking the same relief that was approved by the Zoning Board of Appeals in August of 2022. He is seeking a variance for minimum lot area, lot area per dwelling unit and lot width for one of the two parcels at 50 Circle Hill Road. 6. Mr. Delulis explained that multiple factors contributed to the variances lapsing. He stated examples such as Conservation Commission permitting and timing City of Salem Board of Appeals July lit,2024 Page 2 of 4 constraints. He neglected to extend the variance for 50 Circle Hill Road and the variances had lapsed. This is the reason for the request for relief. 7. Mr. Delulis stated he has received an Order of Conditions from the Conservation Commission. Mr. Delulis reviewed the Conservation Commission approved plans for the board to provide more detail than the ZBA approved plans from 2022. 8. Nina Vyedin inquired if Mr. Delulis would need to go to the Planning Board for subdivision regulations. Mr. Delulis stated that he had discussions with the Planning Department directors. He stated when a building permit was applied for, that decision would be made by the Building Commissioner. 9 Mr. Viccica requested Mr. Delulis review the Statement of Hardship for the variance request. 10.There was a special condition with the original decision that required the petitioner to return to the board if more relief was needed for driveway access off Martin Lane.The board discussed this with Mr. Delulis. Based on the approved plans from the Conservation Commission, Mr. Delulis would not be extending the portion of the paper street side of Circle Hill Road. Therefore, the need to extend the driveways for access to the parcels would not be needed. 11.The board agreed to remove the special condition from the August 2022 Zoning Board of Appeals decision. 12.There were no public comments. The Salem Board of Appeals, after careful consideration ,of the evidence presented at the public hearings, and after thorough review of the petition, including the application narrative and plans, makes the following findings that the proposed project meets the provisions of the City of Salem Zoning Ordinance: Variance Findings: 1. Special conditions and circumstances especially affect the land, building, or structure involved, generally not affecting other lands, buildings, and structures in the same district: The property directly abuts overhead high-tension electric transmission towers and power lines. Ledge is visible and there are wetlands across portions of the property limiting the buildable area. Utility connections will be difficult due to subsurface conditions, extended distances to manholes and transformer locations. 2. Literal enforcement of the provisions of the ordinance would involve substantial hardship to the Applicant in attempting to put the property to productive use: when a neighboring subdivision was constructed, streets were laid out that did not allow these parcels to have the appropriate frontage. 3. Desirable relief may be granted without substantial detriment to the public good, and without nullifying or substantially derogating from the intent of the district or the purpose of the ordinance: petitioner's proposed development is consistent with City of Salem Board of Appeals July V,2024 Page 3 of 4 and will be substantially similar to the surrounding homes and neighborhood. On the basis of the above statements of fact and findings, the Salem Board of Appeals voted five (5) in favor (Nina Vyedin (Chair), Paul Viccica, Ellen Simpson, Hannah Osthoff, and Stephen Larrick) and none (0) opposed to grant PASQUANNA DEVELOPERS, INC. a Variance from Section 4.1.1 Dimensional Requirementsof the Salem Zoning Ordinance to construct two (2) single-family dwellings. One dwelling meets the requirements of the Salem Zoning Ordinance for RI Zoning. The nonconforming dwelling will be constructed at 10,788 square feet. The relief is for minimum lot area, lot area per dwelling unit and lot width, subject to the following terms, conditions and safeguards: Standard Conditions: 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. 6. A Certificate of Occupancy is to be obtained. 7. A Certificate of Inspection is to be obtained. 8. Petitioner is to obtain approval from any city board or commission having jurisdiction including, but not limited to, the Planning Board. 9. 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. 10.Unless this decision expressly provides otherwise, any zoning relief granted does not empower or authorize the Petitioner to demolish or reconstruct the structure(s) located on the subject property to an extent of more than fifty percent (50%) of its floor area or more than fifty percent (50%) of its replacement cost at the time of destruction. If the structure is demolished by any means to an extent of more than fifty percent (50%) of its replacement cost or more than fifty percent (50%) of its floor area at the time of destruction, it shall not be reconstructed except in conformity with the provisions of the Ordinance. 11.All construction shall be done per the plans and dimensions submitted to and approved by this Board. Any modification to the plans and dimensions must be approved by the Board of Appeals unless such changes are deemed a minor field change by the Building Commissioner in consultation with the Chair of the Board of Appeals. City of Salem Board of Appeals July V,2024 Page 4 of 4 12.Petitioner shall schedule Assessing Department inspections of the property,at least annually, prior to project completion and a final inspection upon project completion. AL;,z Nina Vyedin, 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 Laws Chapter 40A, and shall be filed within 20 days of filing of this decision in the office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has been filed with the Essex South Registry of Deeds.