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16 BOW STREET - ZBA Q =====3 �I 16 BOW STREET 1 1 �Y r-- F Legal Notice } CRY OF SALEM I I BOARD OF APPEAL 978.745.9595 EXL 381 will hold a public hearing for all per- sons interested in the petition submit- ted by LAWRENCE OLCOTT request- ' ing dimensional Variances in order to permit the subdivision of the proper- ty into 2 separate lots.and to allow construction of a new single family dwelling on the newly created lot for property located at 16 BOW STREET V R-1. Said hearing will be held on + WEDNESDAY,SEPTEMBER 15,2004 - AT 6:30 P.M., 120 WASHINGTON STREET,3RD FLOOR,ROOM 313. Nina Cohen ? Chairman (9/4,8) CITY OF SALEM9 MASSACHUSETTS C-, BOARD OF APPEAL s - m 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 C:) Tm MAYOR FAX: 978-740-9846 DECISION ON THE PETITION OF LAWRENCE OLCOTT REQUESTING A VARIANCE m v FOR THE PROPERTY LOCATED AT 16 BOW STREET R-1 N t A hearing on this petition was held on September 15, 2004, with the following Board Members present: Nina Cohen, Chairman, Edward Moriarty, Richard Dionne, Nicholas Hellides and Bonnie Beliar. 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 is requesting dimensional Variances in order to permit the subdivision of the property into 2 separate lots and to allow construction of a new single family dwelling on a newly created lot for the property located at 16 Bow Street located in an R-1 zone. 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 without 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. Attorney Scott Grover, 222 Essex Street, represented the Petitioner. 2. Petitioner Lawrence Olcott is requesting a Variance from dimensional requirements of the Zoning Ordinance in order to allow the subdivision of the property into two separate lots to allow the construction of a new single family dwelling on the newly created lot. 3. The Variances needed for the subdivision of the property for lot area, lot width, lot coverage, front setback, side and rear setbacks. 4. Petitioner states that the size and shape of the lot constitutes hardship as grounds for his petition. Petitioner further states that the size of the two lots is in keeping with the existing lots in the neighborhood. Petitioner also states that he will bring the property level to a higher grade which would resolve water and drainage issues that currently exist on his property and the neighbors. l DECISION ON THE PETITION OF LAWRENCE OLCOTT REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 16 BOW STREET R-1 pagetwo 5. The petitioner supplied a letter in support of his proposal to subdivide lot by the following abutters Russell Vernot, A. Konstantilakis, Peter Magliaro, Patricia Rahn, and Tanya Martinas. 6. Neighbors speaking in opposition were Edith Hazeltine Ed Ronan, Ed Froncki, and Deb Stewart. The issues were density, narrow streets, parking and water and drainage. Also mentioned was that the new plans for the house to be built relative to its size and would have a two care garage that would be out of character for the neighborhood. On the basis of the above findings of fact, 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 result in unnecessary hardship to the petitioner. 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially hardship derogating from the intent of the district or purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted 0 in favor and 5 in opposition to grant the requested variances. Having failed to garner the four affirmative votes required to pass, the motion is defeated and the petition is denied. VARIANCE DENIED SEPTEMBER 15 2004 ^�,�,,_/ Bonnie Belair Board of Appeal 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 ZONING DISTRICT - RESIDENTIAL 1 FAMILY (R-1) 9 REABODY REQUIRED R-1 LOT 1 LOT 2 SALEM LOT AREA °" PEPg00 15000 S.F. 3928 S.F. 5921 S.F. 5 5 LOCUS oZ SPAM LOT WIDTH 100 FT 83 FT 80 FT LOT COVERAGE 30% 20% 27% s r" FRONT SETBACK 15 / 35* 14.1 / 29.9 FT 22.8 / 35.5 FT tiQ WITCHCRA HENRY RD ST AWLIN SIDE SETBACK 10 FT 6.8 FT 10.5 FT �� sr REAR SETBACK 30 FT 3.2 FT 10 FT * SETBACK LINE IS 35 FEET BACK AND PARALLEL TO THE CENTERLINE OF THE THE TRAVELED WAY IN THE ABSENCE LOCUS MAP OF A PLAN OF THE RIGHT—OF—WAY ON FILE WITH THE SCALE 1" = 800' REGISTRY OF DEEDS. NOTES: JOSEPH MARTIN #21 ABORN STREET / PETER J. REC. BK. 11364 PG. 532 1. LOCUS IS SHOWN AS LOT 16 ON ASSESSOR'S MAP 16. & 2. DEED REFERENCE - REC. BK. 18500 PG. 173. / KATHRYN M. MAGLIARO 3. THIS PLAN IS THE RESULT OF AN INSTRUMENT SURVEY. #21 REAR ABORN STREET REC. BK. 14111 PG. 132 SHED TO BE - x — IRF REMOVED x x .__- -. x DHS N1329-26"E x --- .-____._ Y 76.98' LEGEND x x _ REMAINS OF A STONE WALL A STKF STAKE FOUND 74.02' °D t� _ _ µ IRS OO IRF IRON ROD FOUND 1' 3.2 // j/j tF BENJAMIN J. O IRS IRON ROD SET DEBRA ANN STEWART 6.8' �� / I to.5' REC. BK. 15416 PG. 121 #19 ABORN STREET OO RRS RAILROAD SPIKE SET #20 BOW STREET 10.5'/ I REC. BK. 13666 PG. 215 O DHS DRILL HOLE SET ts.t' — x CHAIN LINK FENCE rn / � #16 � N PROPOSED —oGAAE WOOD FENCE 1`° o ! / rn � 24RXG24' EDGE OF PAVEMENT 07 �� / I 2too rn, LINE v cx STONE WALL 8.5' I SETBACK 0)NI CONCRETE RETAINING WALL m rn 14.1' - _ PROPOSED DWELLING 3> / LOT 1 I I 10.5 I 32' X 32' STKF RRS \ I 10.5 \ \ I SETRAOK�_ \ 54134 96' / &' �_ ANTONIOS P. �_ PLANNING BOARD APPROVAL UNDER \ �\`�s6'�.y � LINE & THE SUBDIVISION CONTROL LAW NOT REQUIRED V O�/ \ \/ CHRISTINE A. KONSTANTILAKYS N SALEM PLANNING BOARD rp N \ (/ LOT 2 #4 BOW STREET 22.25. 3S.p. REC. BK. 6403 PG. 705 Vq � - — 1)'y) --, IRDS 102.24' \ S27'48'S4»w 79.919' S7-R��T — - I CENTERLINE` L� IRS ROADWAY FOR REGISTRY USE ONLY PLAN OF LAND 16 BOW STREET SALEM PROPERTY OF 2�P0\DF MASS,�CI�G GRAPHIC SCALE LAWRENCE R. OLCOTT I CERTIFY THAT THIS PLAN CONFORMS TO THE GAIL RULES AND REGULATIONS OF THE REGISTERS OF DEEDS. SmiTH10 0 s 10 20 Ao No .350^3 SCALE 1» = 10' MAY 20, 2004 rn NORTH SHORE SURVEY CORPORA110N fC� 2-O G "'"+AI1F ( IN FEET ) 47 LINDEN STREET - SALEM, MA DATE REGISTERED PROFESSIONAL LAND SURVEYOR 1 inch = 10 ft. #2208