Loading...
19 & 25 BOSTON STREET - ZBA S4 . �0"fD1Tq CITY OF SALEM, MASSACHUSE TTS BOARD OF .APPEAL I?0WA>inNi,iONS'III Ii + ti,v.i'ni.\L\titiviIcS Ix]s01970 {MINE 't i i 1 978-74;-"95 ♦ Q- 4' hiaai�_iei.i.Y i�Ria:nu PUN 9 f�R' `� A 4 20 MAYOR FILE ii CITY CLERii. SALEM, MASS March 4, 2013 Decision City of Salem Zoning Board of Appeals Petition of ELEONORA F. KOSKI TRUST, MIKE RAMAZIO, TRUSTEE, requesting a variance from Sec. 4.1.1 of the Salem Zoning Ordinance, in order to allow the existing buildings with less than the minimum required lot frontage, width and area on the property located at 19 & 25 Boston Street (B-2, R-3 Zoning Districts). A public hearing on the above Petition was opened on February 20, 2013 pursuant to Mass General Law Ch. 40A, � 11. The hearing was closed on February 20, 2013 with the following Zoning Board of Appeals members present: Rebecca Curran (Chair), Annie Harris, Richard Dionne, 'Tom Watkins, Jimmy, Tsitsinos (Alternate) and David Eppley (Alternate). Petitioner seeks a Variance to Section 4.1.1 "fable o%Dimensional Regnnznrente of the S City of Salem Zoning Ordinances. Statements of fact: 1. Mr. Giatmo, Attorney for Robinson & Cole, presented the petition for the owner Eleonora F. I iski Trust and bike Ramazio, Trustee for the property at 19 & 25 Boston Street (B-2, R-3 Zoning District). 2. In the petition, dated January' 28, 2013, the petitioner requested Variances from the minimum lot area (12,000 sq. ft.), lot width (100 ft.), and lot frontage (100 ft.) requirements of Section 4.1.1 7aihle o% Dimensional Requitrnrenls in the S City of Salem Zoning Ordinances for the property at 19 & 25 Boston Street. The petitioner's proposed parcel dimensions included: - 19 Boston Street: Lot Frontage 93.37 ft;Lot Width 90.9 ft; Lot Area 10,611 sq. ft. - 25 Boston Street: Lot Frontage 35.00 ft;Lot Width 41.2 ft. 3. The petitioner's proposed hardship necessitating the need for the Variances included the unique topography of the parcels in question. Furthermore, an ANR plan adjusting the properry boundaries was already approved by the Planning Board in 2003. 4. There was no public present at the meeting to speak in opposition or support to the Variance requests. Additionally, no written comments from the public were received prior to the public hearing. 'the Board of Appeal, after careful consideration of the evidence presented at the public hearing, and after thorough review of the plans and petition submitted, makes the following findings: 1. The desired relief may be granted without detriment to the` public good and without nullifying or substantially derogaung from the intent or purpose of the City of Salem "Zoning Ordinances. f Salem Board of Appeals March 4. 2013 Project: 19 & 25 Boston Street Page 2 of 2 - 2. The literal enforcement of the City of Salem Zoning Ordinance's Table of Dimensional Requirements would be physically impossible to apply due to the unique topographical formations present on the parcels in question. 3. In permitting such relief, the Board of Appeals requires certain appropriate conditions and safeguards as noted below. On the basis of the above findings of fact and all evidence presented at the public hearing including, but not limited to, the Plans, Documents and testimony, the Zoning Board of Appeals concludes: 1. The petitioner's Variances requesting relief to Section 4.1.1 Table of Dunertrional Requiremenli of the City of Salem Zor uig Ordinances is granted as shown on the submitted plans. In consideration of the above, the Salem Board of Appeals voted to approve the Variances being requested, five (5) in favor (Ms. Curran (Chair), Ms. Harris, Mr. Dionne, Mr. Watkins, and Mr. T'sitsinos (Alternate) and none (0) opposed. The Board of Appeals voted to grant petitioner's request for a Variance subject to the following terms, conditions, and safeguards: 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. unless this Decision expressly provides otherwise, any zoning relief granted does not empower or authorize the Petitioner to demolish or reconstruct the structure(s) located on the subject property to an extent of more than fifty percent (50%) of its floor area or more than fifty percent (50%) of its replacement cost at the time of destruction. If the structure is demolished by any means to an extent of more than fifty percent (50'/o) of its replacement cost or more than fifty percent (50%) of its floor area at the time of destruction, it shall not be reconstructed except in conformity with the provisions of the Ordinance. Rebecca Curran, Chair Salem Board of Appeals -\Cl P) OF Ails DI (.ISION I \S BD;t.N H1J-A)\V1 t11l1-Ili PLANINING BO ARD AND'I I Ile CITY CLLA K Appeallmno tots dearion. f%any, shall he made pursuant to Section 17 of the Massachusetts General L1m�s Chapter 40A, and shall be fide!ailhur 20 daps o/filing o%this decision in the ?(liar of the City Clerk. Puruiaat/a the dlassaJxrnttt General Lucas Cbeipler 40A, Section 1l, the I.anante or Spe,ial Pemiiigraoted herein jball tool take elleei raitil a mpi'of the de.isoon heanuq the tertrlinae of ibe CID,Clerk has heen filed moth the Erire South Regrrtr) n%Deeds. r n� Cilp of �QiaJCM, �Ra!5gaCbUg;ettgCITY 01 S LE - MA CLER` Manning 39oarb a (One &aleni Oreen 2N3 MAY -S A & 35 & PLAN Y +4y Decision for the Petition of Eleonora F. Koski for a Waiver from Frontage at 19 Boston Street IIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIII�I111111 2003070BN387 801196 Pg:354 07108/2003 10:35:00 OTHER Pp 113 A Public Hearing on this petition was held on May 1, 2003, with the following Board members present: Walter B. Power, III, Chairman; Gene Collins; David Weiner; John Moustakis; Paul Durand; Pam Lombardini; Chuck Puleo and William Cullen, and one absent; Christine Sullivan. 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 19 Boston Street to be subdivided to create 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 19 Boston Street 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, i financial or otherwise, to the petitioner; Therefore, the Planning Board voted by a vote of eight in favor(Walter B. Power,III, Chairman; Gene Collins; David Weiner, John Moustakis; Paul Durand;Pam Lombardini; Chuck Puleo and William Cullen),none opposed, and one absent(Christine Sullivan) to grant the waiver from frontage requirements for 19 Boston Street. 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 1.jwli ju eY�t�1 ds5lltks � One Salem Green, Salem, Massachusetts 01970 (978) 745-9595 ea.311 Fax (978) 740-0404 IGn1/fvs Im/� MI-3 - ------------- 19 Boston Street Decision May 2,2003-2 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. Wter-B Power,III Chairtnan 26636708663V W21196 P9,355 011087200a 50135:00 OTHER Ps 213 t tf1� rs' a,- -� D Im W Y Gn MAY 3 0 2003 Date herby certify that 20 days have expil+ed from the date this instrument was received, and that NO APPEAL has been filed In this office. ATrue Copy, ATTEST:,_.._,Ci7Y��e Car, of Salem, �Ra55acb 5ett5 Illy CLERK'S Q M. A r� Manning �nara (One .0alem &reen W) MAY _5 A & 35 Form A — Decision 2003070800387 Bk.21196 PON 07r08r2003 10:35:00 OTHER Pp 313 Ms. Deborah Burkinshaw City Clerk Salem City Hall Salem,MA 01970 Dear Ms. Burkinshaw: The Salem Planning Board voted on May 1, 2003 to endorse"Approval Under Subdivision Control Law Not Required"on the following described plan: 1. Applicant: Eleonora F. Koski Trust, c/o Meridian Associates,Inc.,98 High Street, Danvers,MA. 2. Location: 19 Boston Street, Salem MA. Map 25, Parcel 55. 3. Project Description: The purpose of this plan is to create Lot A and Lot B from a single lot. Sincerely, �Lrr.l.��,c�, l� • CG�.—e� Walter B. Power, III oAR MAY 3 © 2003 Chairman I hereby certify that 20 days have e*rod from the date this instrument was received, and that NO APPEAL has been filed in this office. A True Cop -J ATTEST:__,_C1TY CLERK, Salem, Mass. One Salem Green, Salem, Massachusetts 01970 (978) 745-9595 ext.311 Fax (978) 740-0404