12 LARKIN LANE - BUILDING JACKET 12 LARKIN LANE '� '
oNwr CITY OF SALEM9 MASSACHUSETTS E1111 MA
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA55ACHUSETTS 01970
TELEPHONE: 978-745-9595
FAX: 978-740-9846
KIMBERLEY DRISCOLL LLfl I`]t';rl ZQ P 25
MAYOR
March 29, 2007
Decision
Petition of Melissa Shea requesting a Variance
for the property at 12 Larkin Lane
City of Salem Zoning Board of Appeals
A public hearing on the above petition was opened on March 21, 2007 pursuant to
Massachusetts General Law Ch. 40A, Sec. 11. The following Zoning Board members
were present: Nina Cohen, Richard Dionne, Annie Harris, Elizabeth Debski and Robin
Stein.
The petitioner, Melissa Shea sought a variance from lot size to subdivide a parcel for the
property located at 12 Larkin Lane, Salem, in the Single-Family Residential (R-1) zoning
district.
The Board of Appeals, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the Petition submitted, makes the following
findings of fact:
1. Petitioner's property is in the Single-Family Residential (R-1) district and is a
pre-existing, non-conforming lot in a residential neighborhood.
2. The petitioner was requesting a variance from lot size to subdivide the front
and rear portions of the parcel, which front on different streets.
3. The existing frontage was also below the required one-hundred (100) feet in
the Single-Family (R-1) zoning district and a waiver from frontage was sought
for the proposed new lot to be located at 19 Victory Road.
4. The petitioner acknowledged that they will be going to the Planning Board to
seek an Approval Not required (ANR) division of the parcel, should the ZBA
approve the relief requested.
5. The petitioner stated that they would probably try to sell the proposed new lot
as a residential lot.
6. Two members of the public spoke on the petition, none were opposed to the
requested variance and waiver from frontage.
On the basis of the above findings of fact, including all evidence presented at the public
hearing, including, but not limited to, the Petition the Zoning Board of Appeals concludes
as follows:
1. The petitioner's request to for a Variance and waiver from frontage does not
constitute substantial detriment to the public good as residential uses are
permitted in the R-I district and the lot size in the area is similar to that which
is proposed by the subdivision of these parcels
2. The requested relief does not nullify or substantially derogate from the intent
or purpose of the zoning ordinance as residential dwellings are a permitted use
in the R-I district and the lot will most likely be used for construction of a
single-family home.
3. In permitting such change, the Board of Appeals requires certain appropriate .
conditions and safeguards as noted below.
In consideration of the above, the Salem Board of Appeals voted, five (5) in favor
(Cohen, Dionne, Harris, Debski, Stein) and none (0) opposed, to grant the request for
Variances, subject to the following terms, conditions, and safeguards:
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
A" t.
Nina Cohen
Salem Zoning Board of Appeals
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 tiled within 20 days of filing of this decision in the office of the City Clerk.
Pursuant to the 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 tiled,or that, if such appeal has been tiled, that it has been
dismissed or denied and 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.
m m
CITY OF SALEM
PLANNING BOARD
Form A - Decision
12 Larkin Lane/19 Victory Road
Melissa A Shea
12 Larkin Lane
Salem, Massachusetts 01970
Dear Ms. Shea:
The Salem Planning Board voted on April 19, 2007 by a vote of seven (7) in favor and none
opposed to endorse "Approval Under Subdivision Control Law Not Required" on the following
described plan:
1. Applicant: Melissa Shea, 12 Larkin Lane, Salem, Massachusetts 01970
2. Location: The parcel is located at 12 Larkin Lane, assessors map 42, parcel 0045.
3. Project Description: This Form A application requested to divide a portion of 12 Larkin
Lane into two separate parcels. Parcel #1 (12 Larkin Lane) having frontage on Larkin Lane
and consisting of approx. 6,900 sq. ft., and parcel#2 (19 Victory Road) having frontage on
Victory Road and consisting of approx. 8,373 sq ft. The applicant obtained Variances from
lot size and frontage from the Zoning Board of Appeals on 3/21/07 and was granted a
Waiver from Frontage from this board on 4/19/07 because the lots in this neighborhood
are of a similar size and frontage and are on existing city streets. With the Variances and
Waiver from Frontage granted, these lots meet the requirements for ANR endorsement.
Sincerely,
OV4 / r--
Chuck Puleo
Acting Chairman
Cc: Cheryl LaPointe, City Clerk
120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM
I CITY OF SALEM
PLANNING BOARD
Waiver From Frontage - Decision
For the Petition of Melissa Shea for a
Waiver from Frontage at 12 Larkin Lane/19 Victory Road
A Public Hearing on this petition was held on April 19, 2007. The Public Hearing was closed on
April 19, 2007 with the following Board members present: Chuck Puleo Acting Chairman, Christine
Sullivan,John Moustakis, Pam Lombardini, Nadine Hanscom, Gene Collins, and Tim Kavanagh.
Notice of this meeting was sent to abutters and notice of the hearing was properly published in the
Salem Evening News.
Melissa Shea, 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 12
Larkin Lane to be subdivided into two lots (12 Larkin Lane and 19 Victory Road). 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 12 Larkin Lane/19 Victory
Road, as shown on the plans titled, "ANR Plan, 12 Larkin Lane/19 Victory Road, Salem," dated
February 9, 2007, upon the findings by the Board that:
1. Special circumstances exist which 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,
financial or otherwise, to the petitioner; and
Therefore, the Planning Board voted by a vote of seven (7) (Puled, Moustakis, Collins, Kavanagh,
Lombardini, Sullivan, Hanscom) in favor, none opposed, to grant the waiver from frontage
requirements for 12 Larkin Lane and 19 Victory Road.
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 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.
uck Pule {r
Acting Chairman
120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM
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OWNERS T ASSIGN LOT 37THE ADDRESS OF VICTORY 3 9t £Z.4£S
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1 CERTIFY THAT, THE PROPERTY LINES SHOWN HEREON ARE THE LINES DIVIDING EXISTING OWNERSHIPS, 0xAND THE LINES 0FSTREETSAND WAYS SHOWN ARE THOSE 0F PUBLIC OR PRIVATESTREETS OR WAYS ALREADY
ESTABLISHED AND THAT NO NEWLINES RDIVISION 0F EXISTING OWNERSHIPOR FOR WAYS ARE SHOWN.
1 CERTIFY THIS PLAN CONFORMS T0 THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS, 7ON BN0. DATE DSCRI
OCOMMONWEALTH OF MASSACHUSETTS, AS REVISED THROUGH JANUARY 12, 1988: rn PLAN REFERENCES
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February 5, 1993
Salem Fire Department Headquarters
Salem , MA 01970
Attention : Acting Chief Robert Turner
Dear Mr . Turner,
I own a house and an inground pool at 12 Larkin Lane , Salem.
Before blasting begins for the SESD on Fort Avenue, I would like
my house and in particular my gunite pool to receive a pre-blast
survey. I assume you are the person who controls this measure.
If you are not the proper person I should be contacting , please
advise me accordingly .
Sincerely ,
Robert M. Shea
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FIELD ACTIVITY REPORT
Address Date Time
12 Larkin Lane Feb. 16, 1993 A.M.
Property Name Property Use
N/A Dwelling
Owner Occupant(s)
Shea, Robert M. Sate
Details:
This office acknowledges your letter dated Feb. 5, 1993, relative to the request
to have your property (pool) undergo a pre-blast survey. A copy of your communication
will be forwarded to S.E.S.D. for processing.
Yor contact person at this office is Inspector Norman P. LaPointe at (508)-745-7777
you may leave a message at any tine or page ne at 387-3532.
Fire Prevention Bureau
Inspector Norman P.LaPointe
Other Departments Involved:
Building Dept.
Form =141 (10/84)
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KAY
APRIL 25, 1978
CITY CL_ i;A'J CrffCE
SALEM. MASS.
DECISION ON THE PETITION SUBMITTED BY ROBERT m, 0-IEA CONCERNING
PROPERTY LOCATED AT 12 LA'RKIi: LANE LOCATED IN AN R-1 DISTRICT
A hearing on this petition was held on April 25, 1978 with the following
members present: Donald Eames, Jane Lundregan, Arthur Labrecque, tvilliam
Abbott, James Boulger and Associate Member Douglas Hopper. Notices were
sent to abutters and others in accordance with Mass. General Laws, Chapter 808.
The Petitioner represented himself before the Board. He wishes to add
a single room to his existing house. One 'Point of the proposed room is 15'
from the rear property line and therefore the Petitioner requests a variance
from the rear lot line requirements of 30 ft.
One corner of the addition will leave less than the required 30 ft.
setback.
The Board voted unanimously to grant the variance requested, The Board
found that to deny the request for a variance v:ould cause substantial hard-
ship to the Petitioner, because of his limited space and limited growing room.
The Board found that it could grant the variance requested without sub-
stantial detriment to the surrounding neighborhood and without derogating
\- from the intent of the Salem "Zoning By_la:c,
VARIANCE GRANTED
APPEAL FROM THIS DECISION, IF ARTY, SHALL BE MADE PURSUANT TO SECTION 17 OF
THE DIASS GEN. LAWS, CHAPTER 808, AND SHALL BE FILED [tiITHIN 20 DAYS AFTER
THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSUANT TO MASS. GENERAL LAWS, CHAPTER 808, SECTION 11, THE VA.RI„jiCE OR
SPECIAL PERMIT GRANTED HOZEIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE
DECISION, BEARING THE CERTIFICATION OF THE CITY CL RK THAT 20 DAYS HAVE
ELAPSED AND NO APPEAL HAS BEEN FILED, OR THAT, IF SUCH AN APPEAL HAS BEEN
FILED THAT IT HAS BEEN DISMISSED OR DENIED IS RECORDED IN THE SOUTH ESSEX
REGISTRY OF DEEDS AND INDE>,TED UNDER THE NA:-IS OF THE O; Y FZ OF RECORD OR IS
RECORDED AND NOTED ON THE OP%NER' S CERTIFICATE Or TITLE.
A COPY OF THIS DECISION HAS BEEN FILED ?KITH THE PLA*:NINA BOARD AND THE CITY
CLERIC.
BOARD OF APPEAL
Jane T. Lundregan f
iSecretaxy