Statement.Land Court Plan. Table of Dimensional VariancesPETITION OF
PASQUANNA DEVELOPERS, INC. FOR
50 CIRCLE HILL ROAD, SALEM, MA
STATEMENT
Introduction
The subject property was originally purchased in 1963 by Mario and John DeIulis as part of a larger
acquisition for what would become the Sable Heights Subdivision. John and Mario constructed a section of
Mooney Road, Seemore Street and a section of Circle Hill Road (now Durkin Road) and over the next
decade built and sold a number of custom homes. When John and Mario incorporated their business,
ownership was transferred to DeIulis Brothers Construction and in the early 1990’s DeIulis Brothers
completed the second phase of Sable Heights. At the time the original Sable Heights was built, the R1
zoning required 5,000 square feet of land and 50 feet of frontage. By the time Phase II was constructed, the
zoning required 15,000 square feet and 100 feet of frontage, resulting in a yield of 8 lots instead of the
original 24. Further, because DeIulis completed the subdivision, the City of Salem was able to realize
proceeds from the sale of land it owned on the previously unconstructed section of Mooney Road and
another landowner on the opposite side was able to sell their lot which had previously lacked any street
frontage. This other lot did not meet R1 zoning; however, it was deemed a grandfathered lot.
The streets in Sable Heights followed the layout on the Land Court Plans from which they originated, with
temporary turnarounds constructed since the land beyond was owned by others. The subject parcel was
located beyond the Durkin Road temporary turnaround, on the far side of the power lines, and at the time was
surrounded by land owned by others, including the City of Salem. In 2011 DeIulis Brothers transferred
ownership of the subject parcel to DeIulis Properties, an affiliated real estate development company, who in
turn transferred the subject parcel in 2014 to Pasquanna Developers, also a related company.
In and around 2005 the City of Salem deeded the land abutting the subject parcel to Ken Steadman / Bartlett
& Steadman Development, who constructed the Witch Hill Subdivision, extending the roadway from the end
of Durkin Road and in the process eliminating the temporary turnaround. Steadman did not follow the Land
Court layout, and instead filed a new subdivision plan which excluded the subject property from having any
frontage on the new subdivision road. The subject property maintains frontage on the paper street designated
by the City as Circle Hill Road, but shown on the Land Court Plan as Sable Road. Furthermore, the Witch
Hill Subdivision was approved as a cluster development with lot sizes significantly less than the R1 zoning
requirements.
Proposed Development
The subject parcel consists of five individual lots, numbered 51-55 on the Land Court Plan filed with the
Petition. Petitioner is proposing combining three of the lots (51, 52 and 53) into a conforming R1 building
lot and combining two lots (54 and 55) into a second building lot requiring variances for area and width. A
Table of Dimensional Variances outlining the variances required for each lot is attached hereto. A
Preliminary Plan prepared by Eastern Land Survey is filed with the Petition and shows the proposed layout
of the individual lots and the proposed location of each dwelling unit. The Plan also shows the outline of the
corresponding front, side and rear set-backs in relation to the proposed location of each dwelling unit along
with the proposed driveway servicing each dwelling.
The abutting twenty-four lot Witch Hill Subdivision has lot sizes ranging from a low of 6,808 square feet up
to the largest at 20,543 square feet, with most of the lots being less than 11,000 square feet. The proposed
lots would be 10,788 and 15,000 square feet respectively. As compared to the Witch Hill lots, only five of
the twenty-four lots are larger than the proposed Circle Hill lots. The development of the subject parcel
would be in keeping with the character of the neighborhood and would enhance the streetscape.
PETITION OF PASQUANNA DEVELOPERS, INC.
Minimum Var Var
Required Rqd Rqd
Minimum lot area 15,000 15,000 N 10,788 Y
Lot area per dwelling unit 15,000 15,000 N 10,788 Y
Lot Frontage 100 150.00 1 N 115.00 1 N
Lot Width 100 100.00 N 98.62 2 Y
Front Yard - Depth 15 20.00 N 20.00 N
Side Yard - Depth 10 20.00 N 20.00 N
Rear Yard - Depth 30 35.00 N 35.00 N
Notes:
1. Denotes frontage on an unconstructed way (paper street)
2. At rear property line
Table of Dimensional Variances for 50 Circle Hill Road - Land Court Lots 51, 52, 53, 54 and 55
Lots 51-53 Lots 54-55