88 MARLBOROUGH RD - PLANNING fb4O A I�isic7/1
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CITY OF SALEM
PLANNING BOARD
Form A — Decision
Ms. Cheryl LaPointe
City Clerk z M
Salem City Hall
Salem, MA 01970 c�
Dear Ms. LaPointe:
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The Salem Planning Board voted on November 4, 2004 to endorse "Approval Under Sul4vision '
Control Law Not Required" on the following described plan:
1. Applicant: Richard and Kathleen Theriault, 88 Marlborough Road, Salem, MA 01970
2. Location: This parcel is located at 88 Marlborough Road, assessors map 9, parcel 33.
3. Project Description: This Form A subdivides the existing lot into two new lots 1 and 2.
Lot 1 has a total area of 10,981 square feet with 103.09 feet of frontage along
Marlborough Road. Lot 2 has a total area of 13,763 square feet with 139.24 feet of
frontage along Marlborough Road.
Sincerely,
PaltderB. Power, III
Chairman
120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM
ZONING DISTRICT
RESIDENCE RC
�+ ITEM REQUIRED LOT 1 LOT 2 I
LOT AREA 80,000 SF. 10,19$+ SF. #. 13,763+ SF. #
110± FT: # 139+ FT. # I
LOT WIDTH 200 FT. _
' 0
FRONT YARD ' 40 FT. 2 + FT.ftN± FT
c SIDE YARD 40 FT. 22± FT.# 14± FT. #
REAR YARD, 100 FT. . 34+ FT.# 36t FT.
# DENOTES VARIANCE REQUESTED
LOCv
S
I.. MICHELLE TREMBLA Y LINDA M. WENDY do
do I REMBLA Y ROGER T V JOSEPH
CHRISTOPHER KOLODZIEJ LOT 13 MACCAR/D M/ASK/EWICSZ JR.
LOCUS PLAN
E {OT 14 LOTS SHOWN ON - PB 212 PL 39 S37.51'58`E 250.50 LOT i2 •- LOT 11
112.20
138.60'
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SALEM' PLANNING BOARD DONNA M. - DoT � � LOT 2
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1940 CITY
ASSESSORS:MAP '9 PARCEL 33
M Rj-jB 0 R O U- GH -
RECORD LAYOUT ROAD'
OWNER. RICHARD THER/AUL T
ZONING DISTRICT.. RC_
SUBDIVISION PLAN OF LAND
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L OCA 7FD I
SALEM ASS .
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PREPARED BY
FOR REGIS 77?Y USE ONL Y
EASTERN LAND SURVEY ASSOCIATES _ INC.
N ...� CHRISTOPHER R. MELLO PLS
TRIS PLA /S BASED ON THE REFERENCED PLANS, DEEDS s
AND, THE RESULTS OF A flELO SURVEY AS OF THIS DATE.
NO CER 1lFlCA710N IS INTENDED AS TO PROPERTY TITLE ' 104 LOWELL ST. PEABODY, MA. 01960
OR AS TO THE EXISTENCE OF UNWRITTEN OR UNRECORDED .;o CHRI forNER 'f
EASEVEN TS 978 531-8121
MEtlO \ ,
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HEREBY E TIFY 7Nl P r,
4,8T� SCALE. 1 - 0 FEBRUARY - 2004
CER S LAN CONFORMS _�,a _ _
rO THE RULES AND REGULA 77ONS OF THE
PREPARED FOR
REGISTERS OF DEEDS OF THE COMMON
WEAL TH OF MASSACHUSETTS
RICHARD THERIAULT
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0 10 20 40 60 80
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WAIVER OFFRONTAGE
CITY OF SALEM
PLANNING BOARD
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Decision
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For The Petition Of Richard and Kathleen Theriault For A Co
Waiver From Frontage At 88 Marlborough Road -0
A Public Hearing on this petition was held on October 21, 2004 and continued to Noveasber 4, D
2004. The Public Hearing was closed on November 4, 2004 with the following Board members
present: Walter B. Power, III, Chairman; Pam Lombardini; Gene Collins; David Weiner; Paul
Durand; Christine Sullivan and Chuck Puleo. Notice of this meeting was sent to abutters and
notice of the hearing was properly published in the Salem Evening News.
Richard and Kathleen Theriault, owners of the property, are requesting a waiver from frontage
requirements from the Subdivision Regulations and under MGL Chapter 41, Section 81R, to
allow the property located at 88 Marlborough Road to be subdivided into two lots. This section
states that "A Planning Board may in any particular case, where such action is in the public
interest and not inconsistent with the intent and purpose of the subdivision control law, waive
strict compliance with its rules and regulations, and with frontage or access requirements
specified in the law...."
The waiver from frontage is being granted for the property located at 88 Marlborough Road, as
shown on the plans titled, "Subdivision Plan of Land, 88 Marlborough Road, Salem,"Prepared
for Richard Theriault," dated February 4, 2004, upon the findings by the Board that:
1. Special circumstances exist which especially affect the land and structures involved and
which are not generally affecting other land and structures involved;
2. Literal enforcement of the provisions of the Regulations would involve substantial hardship,
financial or otherwise, to the petitioner;
The waiver from frontage is being granted for the property located at 88 Marlborough Road with
the following conditions:
1. The driveways for the two parcels shall be constructed as shown on the plans entitled,
"Proposed Driveway Plan, 88 & 90 Marlborough Road, Salem, MA," prepared by
Engineering Alliance, Inc., located at 194 Central Street, Saugus, MA 01906 and dated
October 27, 2004.
2. The curb cuts for the parcels shall be approved by the City Engineer prior to installation.
120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 0 WWW.SALEM.COM
Therefore, the Planning Board voted by a vote of seven (Power, Weiner, Durand, Sullivan,
Lombardini, Puleo, Collins) in favor, none opposed, to grant the waiver from frontage
requirements for 88 Marlborough Road.
This endorsement shall not take effect until a copy of the decision bearing certification of the
City Clerk that twenty (20) days have elapsed and no appeal has been filed or that if such appeal
has been filed that it has been dismissed or denied, is recorded in the Essex South Registry of
Deeds and is indexed in the grantor index under the name of the owner of record or is recorded
and noted on the owner's certificate of title. The owner or applicant shall pay the fee for
recording or registering.
I hereby certify that a copy of this decision is on file with the City Clerk and that a copy of the
Decision and plans is on file with the Planning Board.
Walter B Power, III OIL
Chairman
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ZONING DISTRICT
RESIDENCE RC
ITEM REQUIRED LOT 1 LOT 2
1 LOT AREA 80,000 SF. 10,198± SF. # 13,763± SF. #
LOT WIDTH 200 FT. 110± FT. # 139± FT. #
FRONT YARD 40 FT. 20± FT.ft 20± FT. A
SIDE YARD 40 FT. 22± FT.# 14± FT. #
SCREAR YARD 100 FT. 34± FT.# 36± FT. A�
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# DENOTES VARIANCE REQUESTED
LOCVS
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MICHELLE TREMBLA Y LINDA M. WEND Y &
& TREMBLA Y ROBERT V. JOSEPH
LOCUS PLAN CHRISTOPHER KOLODZ/EJ LOT 13 MACCAR/0 M/ASK/EW/CSZ, JR.
LOT 14 LOTS SHOWN ON PB 212 PL 39 S37'51'58"E 250.80 LOT 12 - - LOT 11
112.20' 138.60' _
S
APPROVAL UNDER THE SUBDI VISIONONING DISTRICT U E
CONTROL LAW NOT REQUIRED APPROXIMP'TE Z - - Rc 36f'
34±'
SALEM PLANNING BOARD DONNA M. ----- - - LOT 1 LOT 2 MARIA
GAUTREAU INGEMI
109981 ± SF. -- 14f' 139763± SF. FALL/CA
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PROPOSED o EXISTING
DWELLING DWELLING
�-- 22±'---- No. 88 ,
48' ,
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6.91' 103.09' 139.24'
N38'57'13"W 299.76 N37 29'51"W 491.62
NOTES: j
ASSESSORS MAP 9 PARCEL 33 MARLBOROUGH 1940 CITY LAYOUT ROAD
RECORD OWNER: RICHARD THERIAUL T
ZONING DISTRICT RC
SUBDIVISION PLAN OF LAND
L OCA TED IN
SALEM , MASS .
FOR REGISTRY USE ONLY PREPARED B Y
EASTERN LAND SURVEY ASSOCIATES, INC.
THIS PLAN IS BASED ON THE REFERENCED PLANS, DEEDS CHRISTOPHER R. MEL L O, PLS
AND THE RESULTS OF A FIELD SURVEY AS OF THIS DATE.
NO CERTIFICATION IS IN7FNDED AS TO PROPERTY 77TLE 104 LOWELL ST. . PEABODY, MA. 01960
OR AS TO THE EXISTENCE OF UNWRITTEN OR UNRECORDED
EASEMENTS. (978) 531 -8121
I HEREBY CERTIFY THIS PLAN CONFORMS SCALE: 1 " = 20' FEBRUARY 4, 2004
TO THE RULES AND REGULATIONS OF THE PREPARED FOR
REGISTERS OF DEEDS OF THE COMMON-
WEALTH OF MASSACHUSETTS.
RICHARD THERIAULT1 1117-71
A:159
010 20 40 60 80 F 6781