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27-29 BALCOMB STREET - ZBA (2) 27-29 BALCOMB St. & 5 FOSTER COURT PILGRIM REALTy TRUST -- _ 1 4 c� V ' J I F:7m egal Notice CITY OF SALEM - BOARD OF APPEAL745-9595 EXT.381 hold a public hearing for ah s interested in the petition sub- by Pllgrim Realty Truse and s-Rligneman Manufacturingquesting a Variances for lotot area per dwelling unit.Lot side yard and rear yard forivision for the property locat- .29 Balcomb Street and 5 Fo$-rt R-2.Said hearing to be held enesday March 17, 1999 at 6:30 P.M.,One Salem Green,2nd Floor. Nina Cohen, Chairman (3/3,10) .i i (911V of "ittlrm, SALE! � !..LE;;t�;'S OFF Pottrb of �Fven1 (994 MSR 24 P DECISION ON THE PETITION OF PILGRIM REALTY TRUST & RUGGLES- KLINGMAN MANUFACTURING REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 27-29 BALCOMB STREET AND 5 FOSTER COURT R-2 A hearing on this petition was held on March 17, 1999, with the following Board Members present: Nina Cohen, Chairman, Ronald Harrison, Stephen Buczko, Michael Ward and Paul Valaskagis. Notice of the hearing was sent to abutters and other and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. The petitioner requesting Variances for lot area, lot area per dwelling unit. Lot width, side yard & rear yard for a resubdivision for the property located at 27-29 Balcomb Street and 5 Foster Court. The Variance which has been requested may be granted upon a finding of the Board that: a. Special conditions and circumstances exit which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or structures in the same district. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner c. Desirable relief may be granted without substantial detriment to the public good and Wdhout nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. The Board of Appeal, after careful consideration of the evidence presented at the hearing and after viewing the plans, makes the following findings of fact: 1. Petitioner, represented by George W. Atkins, sought variances for lot area, lot per dwelling unit, frontage and side and rear setbacks to allow resubdivision of the property formerly used as apart of a manufacturing plant. Petitioner's plan is to create six residential lots on the site. 2. Petitioner received approval form the Planning Board to create three lots, which meet all the requirements of the zoning ordinance. The fourth lot, Lot D, is slated for further subdivision to allow construction of a noe-family residence and two-family residence. Both of these proposed units require variances. In addition, the taiYOFsalEM. " ER,,{ S OFFICER DECISION OF THE PETITION OF PILGRIM REALTY TRUST & RUGGLE�S— KLINGMAN PROPERTY nLOCATED AT 27-29 BA COMB STREET-5 FOSTER COURTAR 2Q P 2ANUFACTURING INC. REQUESTING A VARIANCE FOR �0 page two proposed plan would add acreage to an existing two-family residence in such a way as to create a new lot that also requires a variance of the lot area per dwelling unit requirements. 3. Testimony by neighbors and abutters were presented to the effect the site is plagued by drainage problems. Petitioner affirmed that the City of Salem owns a drainage easement running diagonally across the property. The easement does not cross Lot . D, however, drainage problems are experienced by surrounding homeowners. 4. The following homeowners spoke in opposition to the proposed subdivision: Mary St. Pierre, 6 Locett St., Nancy Fabiszewski, 26 Balcomb St., Mary Courtney, 2 Foster Ct. and James Poppy of 27 Bradford St. They were supported in their opposition by Ward Councillor Sally,Hayes. Issues raised concerned the increase in density to the neighborhood, which are predominantly one of single family homes, the potential for further and damaging drainage problems, and the detrimental public safety effect of numerous additional cars using the narrow access roads. Additionally, the homeowners stated that petitioners failed to show a hardship that would meet the ordinance's requirement On the basis of the above findings of fad, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: 1. Special conditions do not exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would not involve substantial hardship to the petitioner. 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially hardship to the petitioner. Therefore, the Zoning Board of Appeal voted 5 in opposition and 0 in favor to grant the requested variances. Having failed to gamer the four affirmative votes required to pass, the motion is defeated and the petition is denied. VARIANCE DENIED \\ March 17, 1999 / C6 (!$ Gam\ Nina Cohen, Chariman JJ Member, Board of Appeal DECISION ON THE PETITION OF PILGRIM REALTY TRUSE & RUGGLES- KLINGMAN MANUFACTIRING INC.REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 27-29 BALCOMB STREET- 5 FOSTER COURT page three A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of the MGL Chapter 40A and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to MGL Chapter 40A, 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 passed 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 owners Certificate of Title. Board of Appeal i � A ' N U1 f CDr �S N n •• n-r o D Memorandum .. To: Sally Murtagh,BOA Clerk From: Stephen Dibble, Conservation Adminis Date: 03/16/99 Re: Review of BOA 3/17/99 Agenda As always, thank you for a copy of the agenda. Comments as follows: Item 10 Pilgrim Realty Trust, 27-29 Balcomb St & 5 Foster Court— Conservation Commission approval required. I respectfully recommend that the subdivision be remanded to the Conservation Commission for approval prior to the issuance of a variance(s) or that the granting of var-iance be subject to applicant securing Conservation Commission approval . j' Please have the applicant contact me at their convience. February 22, 1999 'Com APPEAL CASE NO.... ............. .. .. e 8 CITY OF SALEM, MASSACHUSETTS TO THE BOARD OF APPEALS: The Undersigned represent that he is are the Owners of a certain parcel of land located at No. . 27.29• $alcopb, S,tree�t/5 yogtpr•CouFt• • • , • • • ,gam Zoning District. . . Residence . 2. . . . . . . ; and said Parcel is affected by Section(s) . 6,4 . . • . . . . . . . . . . . . . . . . ; of the Salem Zoning Ordinance xim /�cm� • zficsiraic i�FgB. Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A.1 of the Zoning Ordinance. cn vo ..n �-n Direct Appeal N N� Q a D n . chi cam» Ln v W ti Ln Q cL o J N r r The.Application for Permit was denied by the Inspector of Buildings for the following reasons: Not Applicable The Undersigned hereby petitions the Board of Appeals 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 dero- gating from the intent and purpose of the Zoning Ordinance and Building Code for the following reasons: See Attached Statement Pilgrim Realty Trust Owner, , , , $uggle§-41tngeman Manufacturing, Inc Address. 5 Foster Court: P. 0. Box 550 Salem, MA 01970 Petitioner .e February 22, 199 � Ex •y: y. .g Date borne Geor a 13. Atk ns, III �9,Fgdgrgl St,rget, Sa1gm,, MA 01970 BY . . . . . 5978) Z44-0350 , Three copies of the application must be filed with the Secretary of the Board of Appeals with a check, for advertising in the amount of $ . 121 .26 . . . . . . . . , four weeks prior to the meeting of the Board of Appeals. Check payable to The Salem Evening News. Petitioner requests variances in connection with subdivision of lots at 5 Foster Court and 27-29 Balcomb Street to create three (3) lots as follows : 1 . BALCOMB STREET - Existing nonconforming lot and nonconforming two family structure with no on-site parking is proposed to be combined in part with adjacent portions of Foster Court Lot D, thereby creating a new lot with conforming frontage (120' from 40' ) on Balcomb Street, increased lot area (6 , 373 s . f . from 4 , 000 s . f . ) and on-site parking for four (4) vehicles . Variances are required for Lot Area, Lot Area Per Dwelling Unit, Side Yard, and Rear Yard. 2 . FOSTER COURT - Lot D2 is to be combined with a portion of the existing Balcomb Street lot to create a parcel for a single family dwelling with frontage on Foster Court and sufficient on-site parking. Variances are required for Lot Area, and Lot Width. 3 . FOSTER COURT - Lot D1 is the remainder of Lot D, creating a parcel for a two family dwelling with sufficient frontage on Foster Court and on-site parking. Variances are required for Lot Area, Lot Area Per dwelling Unit, and Rear Setback. The existing Balcomb Street lot and building is similar in dimension and use to the general neighborhood although it is nonconforming as to frontage, lot size, and parking. The proposed lot will result in increased dimensional conformity and on-site parking and grant of the relief requested will be an improvement to the neighborhood. The lots on Foster Court currently contain a nonconforming factory use and the proposed single and two family dwellings will create conforming residential uses with on-site parking and thus the relief can be granted without substantial detriment to the neighborhood. l dJ , GULF OF MAINE RESEARCH CENTER INC. ENVIRONMENTAL CONSULTING SERVICES 204 LAFAYETTE STREET SALEM, MA 01970 May 26, 1998 (978)745-6618 y FAX(978)741-8648 Kevin J. Churchill,Vice President The Ruggles-Klingeman Co. 5 Foster Court Salem,MA 01970 RE: Protected Wetland Resource Areas at 5 Foster Court, Salem MA. Dear Mr. Churchill: This letter is to summarize wetland information obtained by Gulf of Maine Research Center on the property at 5 Foster Court, Salem MA. I have completed the following tasks: Reviewed the plan prepared by Eastern Land Survey Associates,Inc.; Reviewed the Flood Insurance Rate Map and, the US..SiolConservation Service Soil Survey of Essex County, Massachusetts (Southern Part);and, Conducted a site visit of the property on May 20, 1998,to determine whether or not protected wetland resource areas are present on the property. Drainage enters the property from two locations: from sheet flow off Foster Court into a catch basin and a pipe to the drainage swale; and from a storm drain at the comer of Foster Court and Lovett Street. The water flows across the property through a drainage swale and exits the property in a pipe beneath the Stankus property on Balcomb Street. This water eventually discharges into the North River. It is my understanding that the drainage system on the Ruggles-Klingeman property had been worked on during the summer of 1997 by the City of Salem Public Works Department. The City of Salem installed two catch basins and some piping and excavated the drainage swale. They had intended to install a drain pipe across the.entire property but evidently did not have enough time during the summer of 1997 to finish the project. There is no indication in the flood or soil maps that this is an area of other than minimal flooding(Zone C),or that it contains wetland soils or wetland resource areas. g GULF CPF MAINE RESEARCH CENTER INC. The drainage passing through the property is part of the City of Salem drainage system and will be maintained by the city now and in the future. Based on my inspection of the property and review of the site documentation in the soil and flood maps, it is my opinion that no portion of the property is protected as a wetland resource area under the Massachusetts Wetlands Protection Act(MGL chapter 131 section 40)or Regulations (310 CMR 10.00). Wetland areas were not evaluated for federal jurisdiction. I recommend that a Request for Determination of Applicability be prepared and submitted to the Salem Conservation Commission for their action. I have submitted a proposal for this work under separate cover. If there are any questions on this matter please contact me. ince ly, 4 Mulligan,PhD., Director DATE:.....February 22, 1999 ................................ . ...... ... . �ytox - APPEAL CASE NO.... ............. .. .. • � e t CITY OF SALEM, MASSACHUSETTS TO THE BOARD OF APPEALS: The Undersigned represent that he is are the Owners of a certain parcel of land located at No. Z7-.29. $a],cojnb, Street/5 yostfr, Coupt , , , , , , ,gam; Zoning District. . Residence . 2. . . . . . . ; and said Parcel is affected by Section(s) . .64 , . , . . . . . . . . . . . . ; of the Salem Zoning Ordinance ��• . z�cx�oe:c �fNi�Fg . Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A.1 of the Zoning Ordinance. C" ui r, t- m a n- a Direct Appeal Uj o_ clW ,i M C] M w M C.D ,r, >_j W Uj.4N �V) _ 1 7^ La Kp ©M ssa D C.). ® ti v m3 (on D The Application for Permit was denied by the Inspector of Buildings for the following reasons: Not Applicable The Undersigned hereby petitions the Board of Appeals 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 dero- gating from the intent and purpose of the Zoning Ordinance and Building Code for the following reasons: See Attached Statement Pilgrim Realty Trust Owner, $ugg�e�-ISlingeman Manufacturing, Inc Address. 5 Foster Court: P. 0. Box 550 Salem, MA 01970 ETUUpha r , Sam .. V. Syt A rn 'Ge`or 41. At I Date February 22: 199 g 9,Fgdgrgl St,rget„ Salem,, Mft 0197" 5978) 744-0350 . , Three copies of the application must be filed with the Secretary of the Board of Appeals with a check, for advertising in the amount of $ 121.26. , . , . . four weeks prior to the meeting of the Board of Appeals. Check payable to The Salem Evening News. ,i I 1 Petitioner requests variances in connection with subdivision of lots at 5 Foster Court and 27-29 Balcomb Street to create three (3) lots as follows : 1 . BALCOMB STREET - Existing nonconforming lot and nonconforming two family structure with no on-site parking is proposed to be combined in part with adjacent portions of Foster Court Lot D, thereby creating a new lot with conforming frontage (120' from 40 ' ) on Balcomb Street, increased lot area (6 , 373 s . f . from 4 , 000 s . f . ) and on-site parking for four (4) vehicles . Variances are required for Lot Area, Lot Area Per Dwelling Unit, Side Yard, and Rear Yard. 2 . FOSTER COURT - Lot D2 is to be combined with a portion of the existing Balcomb Street lot to create a parcel for a single family dwelling with frontage on Foster Court and sufficient on-site parking. Variances are required for Lot Area, and Lot Width. 3 . FOSTER COURT - Lot D1 is the remainder of Lot D, creating a parcel for a two family dwelling with sufficient frontage on Foster Court and on-site parking. Variances are required for Lot Area, Lot Area Per dwelling Unit, and Rear Setback. The existing Balcomb Street lot and building is similar in dimension and use to the general neighborhood although it is nonconforming as to frontage, lot size, and parking. The proposed lot will result in increased dimensional conformity and on-site parking and grant of the relief requested will be an improvement to the neighborhood. The lots on Foster Court currently contain a nonconforming factory use and the proposed single and two family dwellings will create conforming residential uses with on-site parking and thus the relief can be granted without substantial detriment to the neighborhood. Petition THE UNDERSIGNED, AS NEIGHBORS IN THE BALCOMB STREET-FOSTER COURT AREA OF NORTH SALEM ARE OPPOSED TO ANY FURTHER SUB-DIVISION OF THE RUGGLES- KLINGMAN PROPERTY WHICH WOULD ALLOW THE CONSTRUCTION OF TWO-FAMILY HOUSES ON LOTS OF LESS THAN 15, 000 SQUARE FEET. i "7 7 4 cz leYr-)aA Petition THE UNDERSIGNED, AS NEIGHBORS IN THE BALCOMB STREET-FOSTER COURT AREA OF NORTH SALEM ARE OPPOSED TO ANY FURTHER SUB-DIVISION OF THE RUGGLES- KLINGMAN PROPERTY WHICH WOULD ALLOW THE CONSTRUCTION OF TWO-FAMILY HOUSES ON LOTS OF LESS THAN 15, 000 SQUARE FEET. el LT i q Page 1 Petition ' i THE UNDERSIGNED, AS NEIGHBORS IN THE BALCOMB STREET-FOSTER COURT AREA OF NORTH SALEM ARE OPPOSED TO ANY FURTHER SUB-DIVISION OF THE RUGGLES KLINGMAN PROPERTY WHICH WOULD ALLOW THE CONSTRUCTION OF TWO-FAMILY HOUSES ON LOTS OF LESS THAN 15, 000 SQUARE FEET. off az ��n �� 45' 9 hf 5-d �,1 �- 44 oL X04 l ti< 9Q T oN � aan sr �LH o\ ` Loc srrr s ` ZONING DISTRICT ASSESSORS MAP 17 LOT 60, PART LOTS 47 61 & 59 094t°t� 9<co FosZONING DISTRICT S TR I C T RESIDENCE 2 r RESIDENCE 2 RECORD OWNER. LOT 60, PILGRIM REALTY TRUST RECORD OWNER. RUGGLES—KLINGEMANN MANUFACTURING CO. INC. 6�«���� Sr4`er�� ITEM REQUIRED LOT D2+P2 LOT D1 LOT 'P' LOT AREA 15,000 SF. LOT WIDTH 100 FT. DEED REFERENCE. LOT 60 B00 << � K 13292 PAGE 41 LOT AREA 15,000 SF. 8604± SF.# 7506± SF. 6373± SF.# r a DEED REFERENCES. BOOK 12810 PAGE 436, BK 2864 PG 193, S-1 Afaw LOT WIDTH 100.00 FT. 75± FT.# 101± FT. 120± FT. BOOK 2849 PAGE 49 FRONT YARD 15 FT. 26± FT. 15± FT. 2± FT. SIDE YARD 10 FT. 11± FT. 20± FT. 4± FT. PLAN REFERENCE. PLAN BY EASTERN LAND SURVEY ASSOCS. LOCUS MAP REAR YARD 30 FT. 37± FT. 13± FT. # 11± FT. # DATED JUNE 3, 1998 # VARIANCE REQUESTED LOTS D3, P1 AND D4 ARE TO BE COMBINED TO FORM ONE CONTIGUOUS PARCEL OF 6373± SF. APPROVAL UNDER THE SUBDIVISION LOTS D2 AND P2 ARE TO BE COMBINED TO FORM ONE CONTIGUOUS CONTROL LAW NOT REQUIRED PARCEL OF 7506± SF. SALEM PLANNING BOARD LOT C �\ `1 .1 0 P1vPRL1QGO R 0 �g9g < 6166 S 6 '36" E EXISTING TO BE REMOVED LOT 1 779 0E yo LOT D2 \ \ — — lk� X15$ 7004± SF. \ \ 107.00. — — —I — — — DA TE \ \ EXISTING FACTORY BUILDINGS 5-- TO BE REMOVED �f"I 131 I LOT B LOT D1 LOT D3 x.;06 ° °° P`�' F . 's°o°\ \ 7506± SF. I 6' 23731 SF. Ao �6 ° \ co W 0 o LOT A j oPROPOSED _ ° u °o. 0 \ cn TWO FAILY o � N N \ DWEWNG . ; 60 -- 20' Oy ��\ o�\��p. 0 1 .06�'0 } \ / / 15' 101.56 L L J 332.83 0 �o• 000 y0N 81.23'40" W 6 00 's• ell)• v ss SEE CITY PLAN '0 -7°' 0�ry9 FOSTER PLRECORDED AN 99 OF AS C O URTR LOT D4 °" � 1600± SF. .0 p0 °° SUBDIVISION PLAN OF LAND LOCATED IN THIS PLAN IS BASED ON THE REFERENCED PLANS, DEEDS SALEM MASS . AND THE RESULTS OF A FIELD SURVEY AS OF THIS DATE. '� "'°�+ NO CERTIFICATION IS INTENDED AS TO PROPERTY TITLEof OR AS TO THE EXISTENCE OF UNWRITTEN OR UNRECORDED ori CHRISTOPHER �;.?� PREPARED BY EASEMENTS. -Z Ni EASTERN LAND SURVEY ASSOCIATES, INC. N 17 FOR REGISTRY USE ONLY ` CHRISTOPHER R. MELL 0, PLS ,a �o uR' 104 LOWELL ST. PEABODY, MA. 01960 (978) 531 -8121 SCALE: 1 " = 20' FEBRUARY 9, 1999 I HEREBY CERTIFY THIS PLAN CONFORMS PREPARED FOR TO THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS OF THE COMMON— RUGGLES — K L I N G E M A N CO . WEALTH OF MASSACHUSETTS. 0 10 20 40 60 80 F 11191