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21 APPLEBY ROAD - ZBA JOAN A. ANEZIZ `(RC2_R1 ) 21 APPLEBY ROAD ---- - - -- v� m e.r?,fitu of -'-5ttlem, assail useits ward of �u Val 4q� DECISION OF THE PETITION OF JOHN A. ANEZIZ FOR A VARIANCE FOR THE PROPERTY LOCATED AT 21 APPLEBY ROAD (R1\RC) A hearing on this petition was held May 17, 1995 with the following Board members present: Stephen Touchette, Chairman; Gary Barrette, Albert Hill, Hina Cohen and Arthur LaBrecque. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner is requesting a Variance to subdivide one lot into two & Variance from lot size and frontage for the property located at 21 Appleby Road. This property is located in a R1-RC district. The Variance which has been requested may be granted upon a finding of this Board that: 1 . Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other land, buildings, or structures in the same district. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 3. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogation from the intent of the district or the purpose of the Ordinance. The Board of Appeal, after careful considerations the evidence presented at the hearing, makes the following findings of fact: 1 . Petitioner, owner of a lot of 28,332 square feet on Appleby Road, seeks to divide the property, forming one lot of 19,600 square feet and the other with 8,943 square feet/ Neither of the proposed lots would meet the frontage requirements of the Zoning Code. 2. Five adjacent properties on Appleby Road consist of homes built on 9,000 foot lots, with 90 feet of frontage. 3. Petitioner represented that he had spoken with the neighbors and that they had voiced no opposition to the proposed subdivision and lot layout. On the basis of the above findings of fact, and on the evidence presented at the hearings, the Board of Appeal concludes as follows: 1 . Special conditions exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substation hardship to the petitioner. r - DECISION OF THE PETITION OF JOHN A. ANEZIZ FOR A VARIANCE FOR THE PROPERTY LOCATED AT 21 APPLEBY ROAD (R1\RC) MAY 2q ' page two 3 30 C 1 Y ;?; ;:.LI-u "ASS 3. The request relief can be granted without substantial detriment to public good and without nullifying and substantially derogating from the intent of the district or purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the requested relief, subject to the following conditions: 1 . Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. Petitioner shall obtain a Building Permit prior to beginning any construction. 4. A Certificate of Occupancy shall be obtained. 5. Petitioner shall obtain proper street numbering for the City of Salem Assessors office and shall display said number so as to be visible from the street. 6. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. Variance Granted May 17, 1995 C � CScn� Nina Cohen, Member Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED b'ITH 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 LOA, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to Massachusetts General Laws Chapter AOA, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certification of the City Clerk that 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 South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. 3oard of Appeal APPEAL CASE NO. . . . . . . . . . . . . . ., 9 Ctu of "Salem, 'Mttssadjuatts 4y.n,c �Rnxra of c Fprzd TO THE BOARD OF APPEAL: The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: ..21 ADP1e-bYJ"ad . ... . . . . . ...SWBOV4 Zoning District.R-1/R-C........... .: and said parcel is affected by Section(s). . .. . ..... ............ of the Massachusetts State Building Code. Plans describing the work proposed have been submitted to the Inspector of Buildings in accordance with Section I% A.1 of the Zoning Ordinance. n � .a � N O co N x V7 UJW Q I > J Y lP Wu �-d) > f h © ' ta11Y :.'I C.r'1 i rL O co ty App}icati6n for Permit was denied by the Inspector of Buildings for the following rgason(4: DIRECT APPEAL The Undersigned hereby petitions the Board of Appeal to vary the terms of the Salem Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially derogating from the intent and purpose of the Zoning Ordinance and Building Code for the follow- ing reasons: SEE EXHIBIT 'A Owner.John A. Aneziz . ....... . . . ...................... . Address.2UAl p1.e�2Y ......... . Telephone. .e/,4 . . ...... ............... ... Joseph C. Correnti, Esq. Petitioner.... ... ....... ....... ......... Address. Serafini, Serafini and Darling Date.ZvVi1.27r.M5.... . . .. Tele Yhon6�Feder alSt.,,,Salem 7,44=0212 By.. C � Three copies of the application must be filed withecretary of the Board of Appeal with a check, for advertising in the amount of $............. four weeks prior to the meeting of the Board of Appeal, Check payable to the Salem Evening News. i - ;,- t SCHEDULE A The Petitioner is the owner of the property located at 21 Appleby Road consisting of approximately 28 , 332 square feet of undeveloped land. The subject property is in the R-1 District, except for a small corner of the property which is located in the R-C zone. The Petitioner wishes to divide the existing lot into two single-family dwelling lots as follows: the first lot, which is referred to as Lot 614 on the plans submitted herewith, will consist of approximately 19,600 square feet of land with approximately 68 feet of frontage on Appleby Road; the second lot, which is referred to as Lot 619, will consist of approximately 8,943 square feet of land with 90 feet of frontage on Appleby Road. These two lots were originally separate but merged after several years of single ownership. It is the Petitioner's wish to subdivide the existing single lot so as to re-create the lots as laid out on the original subdivision plan filed in 1962 with the Registry of Deeds. It is submitted that the size of the proposed lots and dwellings will be in keeping with the existing buildings and lot sizes within the neighborhood. Virtually every other lot in the area is developed with a single family home and it is quite common for these lots to have less than 100 feet of frontage and 15, 000 square feet of land. The proposed lots will be compatible and in harmony with the existing neighborhood. The Petitioner, therefore, requests variances to the lot width requirement for Lot 614 and Lot 619 as shown on the plans submitted. The Petitioner also requests a variance for lot size as to Lot 619 as the area, approximately 8,943 square feet, is less than the required 15,000 square feet in the R-1 District. The Petitioner submits that the five (5) immediately adjacent lots along Appleby Road are all approximately 9, 000 square feet and have 90 feet of frontage; exactly what is being proposed by the Petitioner for Lot 619. As to Lot 614, its unique topography i.e. ledge and slope, as well as its corner location make this lot unique from the other lots located in the neighborhood. Regarding the location of a portion of Lot 614 in the R-C zone, section 7-9 of the Salem Zoning Ordinance, entitled "Lot In Two Districts" , allows the Petitioner to use the R-1 zoning regulations for up to 30 feet into the more restricted, i.e. R-C zone, provided that the lot has frontage on the street in the R- 1 zone which, in fact, it does. Therefore, since the R-C portion of Lot 614 is not more than 30 feet from the R-1 zoning line, the entire lot pursuant to section 7-9, can be treated as an R-1 lot. Wherefore, the Petitioner respectfully requests that the variances as outlined above be granted. I14='LO=`JJ.1�:GO:LY.JL 1`J4=L rvltaY i CITY OF SALEM BOARD OF APPEAL 1< 745-9595 Ext. 361 Will hold a public hearing for all persons inter- ested in the petition submitted by JOHN A. ANEZI2 for Variances to subdivide one lot into two&Variance from lot size and lot frontage for the property located at 21 APPLEBY ROAD(R- 1/R-C). Said hearingtobe held WEDNESDAY, MAY 17,1995 AT 6:00 P.M.,ONE SALEM GREEN, second floor. STEPHEN TOUCHETTE, Chairman 1 I May 3, 10, 1995 SN52194 ,d APPEAL CASE NO. . . . . . . . . . . . . . Tito of csafrm, ttss�zrffusPtts �4p,.wc �Baara of '�kFpeal TO THE BOARD OF APPEAL: The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: ..%1 ARP1ebg .Road .. . ... . . ....SEOBOT� Zoning District.R-1/R-C............: and said parcel is affected by Section(s)............ ....... . . . of the Massachusetts State Building Code. Plans describing the work proposed have been submitted to the Inspector of Buildings in accordance with Section IX A.1 of the Zoning Ordinance. n a N � N cm Uj G Og G >U n O V N g to r W y d' "t T -"'- N W.- n LM x cxi m � U The Application for Permit was denied by the Inspector of Buildings for the following reason(s): DIRECT APPEAL The Undersigned hereby petitions the Board of Appeal to vary the terms of the Salem Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially derogating from the intent and purpose of the Zoning Ordinance and Building Code for the follow- ing reasons: SEE EXHIBIT A Owner John A. Aneziz . .... .... ... ............... . Address.2lAPdAq@ Y PP.aA,.1PAIM.......... Telephone. A/,4..... .. ................... Petitioner. . .Joseph C. Correnti, Esq. ..... . .. ............... .. .. Address..$?rafini , Serafini and Darling,. Date.$,]Kil.27f.J995. ... ... Telephon ,g33Federal�._,_Sal 744,0212 By.. �.. Three copies of the application must be filed withye Secretary of the Board of Appeal with a check, for advertising in the amount of $.... ......... four weeks prior to the meeting of the Board of Appeal, Check payable to the Salem Evening News. SCHEDULE A The Petitioner is the owner of the property located at 21 Appleby Road consisting of approximately 28, 332 square feet of undeveloped land. The subject property is in the R-1 District, except for a small corner of the property which is located in the R-C zone. The Petitioner wishes to divide the existing lot into two single-family dwelling lots as follows: the first lot, which is referred to as Lot 614 on the plans submitted herewith, will consist of approximately 19,600 square feet of land with approximately 68 feet of frontage on Appleby Road; the second lot, which is referred to as Lot 619, will consist of approximately 8,943 square feet of land with 90 feet of frontage on Appleby Road. These two lots were originally separate but merged after several years of single ownership. It is the Petitioner's wish to subdivide the existing single lot so as to re-create the lots as laid out on the original subdivision plan filed in 1962 with the Registry of Deeds. It is submitted that the size of the proposed lots and dwellings will be in keeping with the existing buildings and lot sizes within the neighborhood. Virtually every other lot in the area is developed with a single family home and it is quite common for these lots to have less than 100 feet of frontage and 15, 000 square feet of land. The proposed lots will be compatible and in harmony with the existing neighborhood. The Petitioner, therefore, requests variances to the lot width requirement for Lot 614 and Lot 619 as shown on the plans submitted. The Petitioner also requests a variance for lot size r as to Lot 619 as the area, approximately 8,943 square feet, is less than the required 15, 000 square feet in the R-1 District. The Petitioner submits that the five (5) immediately adjacent lots along Appleby Road are all approximately 9, 000 square feet and have 90 feet of frontage; exactly what is being proposed by the Petitioner for Lot 619. As to Lot 614, its unique topography i.e. ledge and slope, as well as its corner location make this lot unique from the other lots located in the neighborhood. Regarding the location of a portion of Lot 614 in the R-C zone, section 7-9 of the Salem Zoning ordinance, entitled "Lot In Two Districts", allows the Petitioner to use the R-1 zoning regulations for up to 30 feet into the more restricted, i.e. R-C zone, provided that the lot has frontage on the street in the R- 1 zone which, in fact, it does. Therefore, since the R-C portion of Lot 614 is not more than 30 feet from the R-1 zoning line, the entire lot pursuant to section 7-9, can be treated as an R-1 lot. Wherefore, the Petitioner respectfully requests that the variances as outlined above be granted. i SCHEDULE A The Petitioner is the owner of the property located at 21 Appleby Road consisting of approximately 28, 332 square feet of undeveloped land. The subject property is in the R-1 District, except for a small corner of the property which is located in the R-C zone. The Petitioner wishes to divide the existing lot into two single-family dwelling lots as follows: the first lot, which is referred to as Lot 614 on the plans submitted herewith, will consist of approximately 19, 600 square feet of land with approximately 68 feet of frontage on Appleby Road; the second lot, which is referred to as Lot 619, will consist of approximately 8 , 943 square feet of land with 90 feet of frontage on Appleby Road. These two lots were originally separate but merged after several years of single ownership. It is the Petitioner's wish to subdivide the existing single lot so as to re-create the lots as laid out on the original subdivision plan filed in 1962 with the Registry of Deeds. It is submitted that the size of the proposed lots and dwellings will be in keeping with the existing buildings and lot sizes within the neighborhood. Virtually every other lot in the area is developed with a single family home and it is quite common for these lots to have less than 100 feet of frontage and 15, 000 square feet of land. The proposed lots will be compatible and in harmony with the existing neighborhood. The Petitioner, therefore, requests variances to the lot width requirement for Lot 614 and Lot 619 as shown on the plans submitted. The Petitioner also requests a variance for lot size Y as to Lot 619 as the area, approximately 8,943 square feet, is less than the required 15, 000 square feet in the R-1 District. The Petitioner submits that the five (5) immediately adjacent lots along Appleby Road are all approximately 9, 000 square feet and have 90 feet of frontage; exactly what is being proposed by the Petitioner for Lot 619. As to Lot 614, its unique topography i.e. ledge and slope, as well as its corner location make this lot unique from the other lots located in the neighborhood. Regarding the location of a portion of Lot 614 in the R-C zone, section 7-9 of the Salem Zoning Ordinance, entitled "Lot In Two Districts", allows the Petitioner to use the R-1 zoning regulations for up to 30 feet into the more restricted, i.e. R-C zone, provided that the lot has frontage on the street in the R- 1 zone which, in fact, it does. Therefore, since the R-C portion of Lot 614 is not more than 30 feet from the R-1 zoning line, the entire lot pursuant to section 7-9, can be treated as an R-1 lot. Wherefore, the Petitioner respectfully requests that the variances as outlined above be granted.