Loading...
101 BROADWAY - ZBA 101 BROADWAY TAMSIN CAMERON V ` J Legal Notice CITY OF SALEM BOARD OF APPEAL will hold a public hearing for all Persons interested in the petition sub- Y mitted by TAMSIN M. CAMERON 1 requesting Variances on Lot A,relief from lot area,frontage,front setback i and side setback Lot B,relief from lot area, side setback and from the requirement that no accessory strua � ture(pool,deck).be.located closer than five feetfrom the rear lot line also Variance from Section 5-1 © is requested as the Petitioner parks a truck used for a landscaping,business in the gars Lot garage on B for thcproperty located at 101 BROADWAY R=2:,Said hearing to be held WEDNESDAY, NOVEMBER 15, 2000 at 6:30 P.M., ONE SALEM GREEN,second floor. Nina Cohen,Chairman r Citp of balem, j.a!6!5arbue;ettg � CITY OF SALEM, MA ,h Aoarb of appeal CLERK'S OFFICE 10NIN 1000 NOV 22 A II= 23 DECISION OF THE PETITION OFTAMSIN M. CAMERON REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 101 BROADWAY R-2 A hearing on this petition was held November 15, 2000 with the following Board Members present: Nina Cohen, Chairman, Richard Dionne, Stephen Buczko, Stephen Harris and James Hacker. 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. The petitioner is requesting Variances on Lot A, relief from lot area, frontage, front setback & side setback, Lot B for relief from minimum lot area, side setback &from the requirement that no accessory structure (pool area) be located closer than five feet from rear lot line, also Variance from Section 5-1 is requested as the petitioner parks a truck used for a landscape business in the garage for Lot B for the property located at 101 Broadway R-2. The Variances, which have been requested, may be granted upon a finding by this Board that: a. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings and structure involve. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioners. 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 of 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 Robert T. Ford, Esq. of Serafini, Serafini, Darling & Correnti LLC, owns a property at 101 Broadway on which there lies a single family house and a large garage with a second story apartment. Petitioner seeks to divide the property into two lots, each of which will have a single family dwelling with adequate off street parking. 2. The proposed division will not require any change to the existing buildings. On Lot A, where there is an existing nonconforming residence, the variances required are a variance from lot area, frontage, front setback and side setbacks. The existing lot will be altered to allow creation of two off street-parking spaces on the easterly lot line. DECISION OF THE PETITION OF TAMSIN M. CAMERON REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 101 BROADWAY R-2 page two 3. Lot B is accessed from Pacific Street. Variances sought for Lot B are as follows: Variances from lot area, side setback and rear setback. Petitioner additionally requests a variance from the provisions of 5-1©to allow overnight parking by the owner of a commercial motor vehicle on the property,that no accessory structure (pool deck) be closer than five feet from rear lot line. 4. There was no opposition to the proposed petition for variances for the property located at 101 Broadway. On the basis of the above findings of fact, and on, the evidence presented at the hearing, the Zoning Board of Appeal concludes as follows 1. Special conditions exist which especially affect the subject property but not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioner. 3. Desirable relief can 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. Therefore, the Zoning Board of Appeal voted 5-0, to grant the Variances requested, subject to the following conditions; 1. Petitioner shall comply with all city and state statures, ordinances, codes and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire.safety shall be strictly adhered to. 3. A Certificate of Occupancy is to be obtained. 4. Petitioner is to obtain approval from any City Board of Commission having jurisdiction including, but not limited to, the Planning Board. Variance Granted November 15, 2000 Nina Cohen, Chairman Board of Appeals Y DECISION OF TAMSIN M. CAMERON REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 101 BROADWAY R-2 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 Massachusetts General Laws 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 Massachusetts General Laws Chapter 40A, Section 11. The Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that is 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. Board of Appeal NEIGHBORHOOD PETITION WE, THE UNDERSIGNED, BEING PROPERTY OWNERS IN THE NEIGHBORHOOD OF 101 BROADWAY, HEREBY SUPPORT THE PROPOSED PETITION OF TAMMY CAMERON REQUESTING RELIEF FROM THE BOARD OF APPEAL AND PLANNING BOARD TO DIVIDE THE PROPERTY AT 101 BROADWAY INTO TWO LOTS. WE BELIEVE THE PROPOSED LOT DIVISION AND REQUESTED RELIEF WILL NOT BE DETRIMENTAL TO THE CHARACTER OF THE NEIGHBORHOOD. WE, THEREFORE, URGE THE BOARD OF APPEAL AND PLANNING BOARD TO GRANT THE REQUESTED REL�yIEF OF TAMMY CAMERON. Nat Address 7Name Address 1141iVo Name Address 76 N/,Mer Address Name Address CIL c, tel^ � U Name J Address Name Address N . Address Name ✓ Address NEIGHBORHOOD PETITION WE, THE UNDERSIGNED, BEING PROPERTY OWNERS IN THE NEIGHBORHOOD OF 101 BROADWAY, HEREBY SUPPORT THE PROPOSED PETITION OF TAMMY CAMERON REQUESTING RELIEF FROM THE BOARD OF APPEAL AND PLANNING BOARD TO DIVIDE THE PROPERTY AT 101 BROADWAY INTO TWO LOTS. WE BELIEVE THE PROPOSED LOT DIVISION AND REQUESTED RELIEF WILL NOT BE DETRIMENTAL TO THE CHARACTER OF THE NEIGHBORHOOD. WE, THEREFORE, URGE THE BOARD OF APPEAL AND PLANNING BOARD TO GRANT THE REQUESTED RELIEF OF TAMMY CAMERON. •N me } Address ame Address Name Address Name Address Name Address Name Address Name Address Name Address Name Address SCHEDULE The Petitioner, Tamsin Cameron, is the owner of 101 Broadway (the "Property") which is shown as Lots A and B on the attached plan of land dated June 22 , 2000. The Petitioner has owned the property since November 8, 1994 . The Petitioner wishes to divide the property into two separate lots, as shown on the plan. No physical changes to the Property are proposed other than the addition of two off-street parking spaces on Lot A. The division creates two separate house lots, which is more in keeping with the surrounding neighborhood. The property is located in the R-2 Zoning District. Historically, the property consisted of three separate lots shown on a Plan of Land of James F. Almy dated March 19, 1895, but which have subsequently merged into one lot. Redividing the property into two separate lots as proposed would return Lot A to its original configuration. In addition, Lots A and B will more appropriately resemble the shape and size of most of the lots in the neighborhood. Lot A contains a single-family home occupied by the Petitioner and her family. Presently, Lot A does not have off-street parking. Lot B contains a two-story structure, the upper level being an apartment consisting of approximately 1, 440 square feet and including three bedrooms, one full bath, and an eat-in kitchen. The lower level is used as garage space for both lots. The Petitioner' s husband also uses the garage to park a truck used in his landscaping business. Lot B also has off-street parking consisting of a gravel driveway for more than two vehicles. Once the property is divided as proposed, Lot A will have its own off-street parking, to be created as shown on the plans submitted herewith. The result will be two independent, single-family house lots, each with adequate off-street parking. In order to accomplish the proposed division of land, the Petitioner respectfully requests the following relief be granted: a variance from lot area, frontage, front setback and side setback for Lot A, and variances from lot area, side setback and from the requirement that no accessory structure (pool deck) be located closer than five feet from a rear lot line for Lot B. Also, a variance from Section 5-1 (c) is requested as the Petitioner parks a truck used for a landscaping business in the garage on Lot B. BROADWAYCIA PUBLIC - 50' FlIDE S24'0738`E N24'07'38`W N24'07138`W � 189.50' I (2-) 50.00 4.7' "� 2236' IRON FOUND PROPOSED 9' X 19'_-[ i �� sl'�� 1 \ FOUND -i PARKING SPACES1 7 1 y 2 O Q F FRONT STEPS �TtRG QQ v TO BE BUIL RELOCATED Qvo 1 FOR REGISTRY USE 3 5.8 LOCUS MAP SCALE: 1" =500' +Q . LOT A DIMENSIONAL REQUIREMENTS 5, 0 0 0 S.F. ZONING DISTRICT — R2 LOT A LOT B N I F 0 REQUIRED EXISTING PROPOSED EXISTING PROPOSED SANDRA Y. MILLER I I 0 FRONTAGE 100' 50' 60' 100' 100' 53.8' AREA 15,000 S.F. 5,000 S.F. 10,000 S.F. I N/F FRONT 15' 4.7' 18.8' JOSEPHINE P. DOLAN & SIDE to' 5.9 5.5' _ W RICHARD H. DOLAN REAR 30' 53.9' 47.7' N2413'02`W 50.00' oo n X'4371fUY 35' 33.2' 26.7' N24'13'020W 50.00' -; $ m REIGHT co BUILDING 35XEXISTING Z LL COYERAGa AOTED 18X 2fX DECK OFF LOT LINE + EXISTLNG PROPERTY ADDRESS 101 BROADVAY C� NIF 47.7' POOL CURRENT OF7WER: LAWRENCE L. BURCKMYER TAMSIN H. CAMERON L 0 T B DEED REFERENCE: 15.3' 0 BOOK 10094 PAGE 411 0, O O O S.F.. PLAN REFERENCE: 0 o BOOK 1438 PACE 600 0 ZONING. +P $ R2 - RESIDENTIAL 770 FAMILY n ^ ASSESSOR'S MAP h / MAP 32 LOT 128 .2 TR pb0 rU ING y EXISTING GRAVEL DRIVE txl y ,97.07' -- ' ' < ; : ,00.00' ; 52410'27`E S2410'27`E DRILL HOLE — - - IN STONE BOUND FOUND PACIFIC S TREE T PLAN OF LAND PUBLIC - 50' P7DE IN SALEM, MA APPROVAL UNDER THE SUBDIVISION SCALE: 1" = 20' JUNE 13, 2000 CONTROL LAW NOT REQUIRED PREPARED FOR TAMSIN M. CAMERON "•. PREPARED BY NOF,yaI CERTIFY THAT THIS PLAN CONFORMS COASTAL SURVEY boa MICHAEL TO THE RULES AND REGULATIONS OF D. THE REGISTERS OF DEEDS. WADS17ORTH VILLAGE - DANVERS BUILDING No 34609 'F 130 CENTRE ST. DANVERS, MASSACHUSETTS SALEM PLANNING BOARD �P a /oo /tea 070 774-9450 DATE PROFESSIONAL LAND SURVEYOR DATE PROF SSIONAL LAND SURVEYOR DATE 0' f0' 20' 40' 60' S-578