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1-3 PARALLEL ST - PLANNING WAIVER OF FRONTAGE Oews�c n J L('1 �,l Et•9. t1A CITY OF SALEM "� S OFFICE r PLANNING BOARD ZGGIr- S_P 2l P h: s� Waiver of Frontage- Decision For the Petition of Stephen Lovely for a Waiver of Frontage at 1-3 Parallel Street A Public Hearing on this petition was held on, and closed on September 20, 2007 with the following Board members present: Charles Puleo (Chair), Walter Power, Tim Kavanaugh, Nadine Hanscom, Christine Sullivan, Gene Collins, and Tim Ready. Notice of this meeting was sent to abutters and notice of the hearing was published in the Salem Evening News. Stephen Lovely, 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 1-3 Parallel Street to be subdivided into four 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 1-3 Parallel Street, as shown on the plans titled, "Subdivision Plan of Land located in Salem, MA"prepared by Eastern Land Survey Associates, dated September 10, 2007, 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 petitioners; and Therefore, the Planning Board voted by a vote of seven (7) in favor(Puleo, Power, Sullivan, Collins, Ready, Kavanaugh, Hanscom), and none opposed to grant the waiver from frontage requirements for 1-3 Parallel Street,with the following condition: 1. The waiver of the frontage requirement is conditioned upon certain roadway improvements to be constructed prior to issuance of any occupancy permits for any new --- dwellings-Said-improvements-to be-showtron-a plan-subject-to review and approvarby — _ — the City Engineer; and may include, but not be limited to, paving, drainage, and curbing in front of any new dwellings. The endorsement shall not take effect until a copy of the decisions 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 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. wuf Charles Puleo, Chairmain 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 • WWW.SALEM.COM S41e�s't��e ��col. o 'v� 40 ZONING DISTRICTS n o o.k�� oa�Sr�E�y a RESIDENCE 2 RESIDENCE C c�ti�L THIS PLAN DEPICTS A DIVISION OF LAND ASSESSORS MAP 23 LOT 132 DESCRIBED IN DEEDS BOOK 14412 PAGE 354, �P� �; ani^ ��E RECORD OWNER: 3 J'S REALTY TRUST BOOK 20970 PAGE 593, AND LOT 1 SHOWN ON EASTERN LAND SURVEY PLAN DATED �Re^oDEED REFERENCE. BOOK 14412 PAGE 354 PLAN REFERENCE. PLAN BOOK 284 PLAN 28 AUGUST 7, 2007. � l� ASSESSORS MAP 23 LOT 131 SEE ����. sr �� srFjM'B'4• RECORD OWNER: STEPHEN LOVELY EASTERN LANDNG SURVEY DAARD OF TED JULY 31,LAN B 2007 sod y �'"�.eQ DEED REFERENCE: BOOK 26908 PAGE 68 PLAN REFERENCES: PLAN BOOK 340 PLAN 18 PLAN IN REC. BK. 1398 PAGE 1 62 ASSESSORS MAP 23 LOT 144 (PART) LOCUS MAP RECORD OWNER: ESTHER REALTY TRUST APPROVAL UNDER THE SUBDIVISION DEED REFERENCE: BOOK 6409 PAGE 588 PLAN REFERENCE: PLAN BY EASTERN LAND SURVEY CONTROL LAW NOT REQUIRED DATED AUGUST 7, 2007 SALEM PLANNING BOARD ESTHER REALTY ESTHER REAL TY TRUST Sl 4.20'1 o"W TRUST 100.00' r �s w DATE o Ilk. LO o rn +� n u) in r ,I LOT D 209200± SF. oy- °L�. LOT C ss, 4go�' 21 ,000± SF. RC ZONE Q, o ILOT B N LO ,APPROXIMATE LOCATION 26,(000± SF. z ZONING DISTRICT LINE 's- _� g DAVID & r — — e LOT A 3 r DIANE ' c'4 720 SF. � n con A PERS coz EXISTING DWELLING R2 ZONE z o 59' 34.54' o No. 3 635 . S25 313 '" oo N06.50'503 � 37.00' 63.00' O / W N N14*20'10"E SE W E R 5 N .4Q4y E A S E 5 ° M PARALLEL STREET 1/171 ;: AMSS4C E N T N yUSE17S &A Or SHOWN) 'EXISTING DWELLINGo Z 7' A or B & M /�•q/1/SP pR JA No Z RR E-oSte� POW ,gU77YOR/� to SUBDIVISION PLAN OF LAND L OCA TED IN SALEM , MASS . PREPARED BY EASTERN LAND SURVEY ASSOCIATES, INC. FOR REG/STRY USE ONLY CHRISTOPHER R. MELL 0, PLS THIS PLAN IS BASED ON THE REFERENCED PLANS, DEEDS AND THE RESULTS OF A FIELD SURVEY AS OF THIS DATE. 104 LOWELL ST. PEABODY, MA. 0196( NO CERT/FICARON IS INTENDED AS TO PROPERTY TIRE OR AS TO THE EXISTENCE OF UNWRITTEN OR UNRECORDED '���••'��' E :•�. � ` (97$j 531 -8121 ASEMENTS. `CHPo;TOPKp.. SCALE: 1 " = 40' SEPTEMBER 1 (' .4007 L. MELLOli " "31 PREPARED FOR I HEREBY CERTIFY THIS PLAN CONFORMS �:���Fc, TO THE RULES ArVD REGULATIONS OF THESTEPHEN LOVELY REGISTERS OF DEEDS OF THE COMMON— •• WEALTH OF MASSACHUSETTS 1�. 0 20 40 $0 120 OL60 A:231 F- 14 13 ,34 �FoRrn � oe��s��� I-3 (�c�ralle ( �' .� � � • CITY OF SALEM PLANNING BOARD Form A — Decision o rn 1-3 Parallel Street/282 Rear Canal IV vj c: T O - lJ Stephen Lovely, Es — eP Y� 9 -i - 14 Story Street cn r*:3 Salem, MA 01970 `n n w Dear Mr. Lovely: The Salem Planning Board voted on September 20, 2007 to endorse"Approval Under Subdivision Control Law Not Required"on the following described plan. 1. Applicant: Stephen Lovely, 14 Story Street, Salem, MA 01970 2. Location: 1-3 Parallel Street/282 Rear Canal, Assessors Map 23 3. Project Description: This Form A conveys a portion of lot 144 (owned by Esther Realty Trust and referred to as Lot 1), located at 282 Rear Canal Street, to lots 77, 131, 132 (owned by Stephen Lovely), which are located at 1-3 Parallel. Lot 1 consisting of 18,000 square feet, is combined with lots 77 (95,832 square feet), 131 (6,969 square feet), and 132 (12,197 square feet) to form one lot consisting of 132,998 square feet with frontage on Parallel Street. Sincerely, U`M'4c5 &I.,. Charles Puleo Chairman Cc: Cheryl LaPointe, City Clerk John Bertini, Esther Realty Trust 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 0 WWW.SALEM.COM I i 'i i i C'01- 4)c' x V OR � a Keefe a � a 05�2�� P'L 1 Cen�tf _ �{ J `ANAL yam`{ THIS PLAN DEPICTS A DIVISION OF LAND aJ�' ZONING DISTRICTS �b� �• E � SHOWN ON PLAN BOOK 93 PLAN 80; AND `\LOCUS RESIDENCE 2 S-�}-IER ;� THE TAKING SHOWN ON PLAN BOOK 73 RESIDENCE C REALTY ^ PLAN 42. ADDITIONAL DATA SHOWING THE .BUST o ABOVE LANDS TAKEN FROM SALEM CITY LoL!IZE,,): RAItF �^ sr. (' /17 ASSESSORS MAP 23 LOT 144 ENGINEERS FILES. SEE ALSO PB 344 PL 62 E�soa A�s F�iy ofM�e RECORD OWNER: ESTHER REALTY TRUST DEED REFERENCE: BOOK 6409 PAGE 588 � LAND LOT 1 IS TO BE COMBINED WITH ADJACENT PLAN REFERENCE: PLAN BOOK 93 PLAN 80 � CO coPHEN TO FORM A PLAN BOOK 340 PLAN 18 PLAN BOOK 344 PLAN 62 Jcl) LOCUS MAP �• APPROVAL UNDER THE SUED/VISION CONTROL LAW NOT REQUIRED � PB 57 PL 73 BOARD Opp cl) 4w^�kl i'^ , mss \C:) 10 19iQ' "1 DA TE Lo Op J ��'� Opp• THIS PLAN IS BASED ON THE REFERENCED PLANS, DEEDS Lu AND THE RESULTS OF A FIELD SURVEY AS OF THIS DATE. C (i Lu NO CERTIFICATION IS INTENDED AS TO PROPERTY TITLE Z OR AS TO THE EXISTENCE OF UMWRITTEN OR UNRECORDED ZEASEMENTS 266 N J Li REMAINING LAND ,76 ABT. 9. 35± ACRES 0 •OS, � N J • N Lo cdN SEMe P` n °d S14'20'10"W tb�e W - OF 5�o o 100.00, In LOT 1 h et 189000± SF. pp� g�7' sf• o � APPROXIMATE LOCATION �.' PBS' - C3 m ZONING DISTRICT LINE N25• °� SUBDIVISION Y �Ro4K Z ,� s, 326.23EPLAN OF LAND � � w o 3 �� Cb , o t •� Q� h ho _ LOCA TED /N o t°o o N o ��� ��� RC ZONE 4° �°�• IK 46'44 N V, �,�� o�P�o� 06.52�o Q� SALEM , MASS . 0 16.41 cn 37.3g' in •Q1'W G �' \C� 1 5 . 0 9603 43.93'_ ,- � NDO g' 186.1' 64.85 Q0 PREPARED BY � STEPHEN LDI/ELY x•53"w - � —�9• - - - o S0C46 � Z N15'32'E - No�'29E SP�EM EASTERN LAND SURVEY ASSOCIATES, INC. ' FOR REGISTRY USE ONLY DAVID & 46.46 7'E ROBERT & R2 ZONE OF CHRISTOPHER R. MELL 0 PLS S E w E DIANE N06 HEATHER ROSE � ' AVERS MASsq Cl E A S THERIAULT BALL 104 LOWELL ST. PEABODY, MA. 01960 S R E M E N 100.00 Fo ESS &Aq IR r (Nor Ho .3 S O (978) 531 -8121 'r"'er a A/VSl�o,QTA S REALS ALEM PARALLEL S TREE T SCALE. 1 60 AUGUST 7, 2007 RR Eostem Rc 170/x/ AUlwoR �' TRUST ate QTY PREPARED FOR I HEREBY CERTIFY THIS PLAN CONFORMS REGULATIONS OF THE STEPHEN LOVELY TO THE RULES AND R REGISTERS OF DEEDS OF THE COMMON— WEALTH OF MASSACHUSETTS. 0 30 60 120 180 240 A:228 F 14883