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Decision For The Petition Of Mark J. Terry and Maryann J.Y&rrA
For A Waiver From Frontage At 120 Marlborough Road
A Public Hearing on this petition was held on September 17, 1998, with the following Board
members present: Walter B. Power, III, Chairman; Carter Vinson; David Hart; William Cullen;
John Moustakis; Kim Driscoll; and Chuck Puleo. Notice of this meeting was sent to abutters and
notice of the hearing was properly published in the Salem Evening News.
Petitioner, owner of the property, is requesting a waiver from frontage requirements from the
Subdivision Regulations and under MGL Chapter 41, Section 81R,to allow the property located
at 120 Marlborough Road to be combined into one lot. 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 120 Marlborough Road
upon the findings by the Board that:
1. Special circumstances exist which are 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;
3. Lot C must have access on Vista Avenue and not on Marlborough Road;
4. Petitioner shall comply with all conditions of the Board of Appeals Decision granted on June
17, 1998: and
Therefore, the Planning Board voted by a vote of seven(7)in favor, none opposed, to grant the
waiver from frontage requirements for 120 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
120 Marlborough Road Decision
September 17, 1998-2
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
Chairman
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` ;Pa kpH 02 p'E APPROVAL UNDER THE SUBDIVISION
CONTROL LAW NOT REQUIRED
J� �P ROAD
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DAVID B. & RALPH L CHURCH
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3 5 LOT 1 ON PLAN BK 237UBDIPLANSION 77 OF
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130d � '/ S AND LOTS 353 - 357 ON PLAN BOOK 55 PLAN 41
o 36. AND LAND ABANDONED BY THE 1940 CITY
LAYOUT OF MARLBOROUGH ROAD.
o LOT C �PJ�� ' •���� fop• 1�g 1 L LOT C IS TO BE COMBINED WITH ADJACENT
/Op 7,814 SF.' G �� Op, 3 ,l's LOT 352 TO FORM A CONTIGUOUS ,LOT. ,
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ASSESSORS MAP 9 PARCEL 27 8 68 R- 1 ZONING D 1 STR I CT ��� \h• 4.00 ,�
' PLAN REFERENCE: PLAN BOOK 55 PLAN 41 LOT AREA 15 000 SF. S PAVED pR1VEWA
• LOT W I DTH 100 FT. B F�UhO
DEED �-
REFERENCE: BOOK 7230 PAGE 131 FRONT YARD 15 FT.
RECORD OWNER: LOT 352 - MARYANN J. TERRY SIDE YARD 10 FT. RC SUBDIVISION
TRUSTEE OF 120 MARLBOROUGH REAR YARD 30 FT. �Q
ROAD TRUST 004 _ o' PLAN OF LAND
LOT C - MARK J. TERRY, TRUSTEE j� L-184.6 LOCA TED IN
OF THE MJT TRUST R=270.00
/9,10
SALEM , MASSACHUSETTS
1-4Ya,�.
ROA
PREPARED B Y
EASTERN LAND SURVEY ASSOCIATES, INC.
FOR REcIsrRY USE ONLY _ CHRISTOPHER R. MELL 0, PLS
` 104 LOWELL ST. PEABODY, MA. 01960
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RTMDLO ( 978 ) 531-8121
I HEREBY CERTIFY THIS PLAN CONFORMSSCALE: 1 20� _ � AUGUST I 0 , 1998
TO THE RULES AND REGULATIONS OF THE
REGISTERS OF DEEDS OF THE COMMON— - PREPARED FOR
WEAL TH OF MASSACHUSETTS
MARK J . & MARYANN TERRY , TRUSTEES
1
THIS PLAN IS BASED ON THE REFERENCED PLANS, DEEDS 0 10 20 40 60 80
i
AND THE RESULTS OF A FIELD SURVEY AS OF THIS DATE.
NO CER77FICA77ON IS INTENDED AS TO PROPERTY TITLE r
OR AS TO THE EXISTENCE OF UNWRITTEN OR UNRECORDED
s
EASEMENTS.
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