16 & 14 BUCHANAN ROAD - ZBA '14 Buchanan Road R-1
R. & L. Wieting
A. & Y. Dumas
of c iIl£Itt, c tI55iit��11S2ti
�1T1 �L€it < U1PV,,t4i.�S.
s PIIttrb of ' PPpral
DECISION ON THE PETITION OF ALBERT & YVONNE DUMAS FOR VARIANCE
TO CONVEY A STRIP OF LAND FROM 16 BUCHANAN ROAD TO 14 BUCHANAN ROAD
A hearing on this petition was held September 29, 1987 with the following Board
Members present: James Hacker, Chairman; Messrs. , Bencal , Fleming, Strout and
Associate Member LaBrecque. 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 40.4.
Petitioners, owners of the property located at 16 Buchanan Road, are requesting
variances from lot size and frontage to allow them to convey a strip of land,
approximately 608 so. ft. , to 14 Buchanan Road,which is owned by Randall and
Loretta Wieting. Said conveyance will further reduce the existing undersized lot.
Both parcels are located in an R-1 district.
The Variance r:hich has been requested nay be granted upon a finding of the 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 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 . There was no opposition;
2. The proposed transfer of land would relieve the petitioners of the
burden and hardship of 7.aintenance;
3. The proposed transfer would allow better access to 14 Buchanan
Road and would result in the upgrading of both parcels.
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 exist which especially affect the subject properties
but do not affect the district in general;
2. Literal enforcement of the provisions of the Ordinance would involve
a substantial hardship to the petitioners:
3. The relief requested can be granted without detriment to the public good
and without nulli.fyinF cr substantially derogating from the intent of the
district or,the ourpo_se of the Ordinance.
---------------
DECISION ON THE PETITION OF ALBERT & YVON'NE DUN'AS FOR
VXR1ANCES FOR 16 & 14 BUCHANAN ROAD, SALEM
page two
Therefore, the ZoninZ Board of Appeal voted unanimously, 5-0, to grant the variances
requested in accordance with the plans submitted to the Board.
GRANTED �� �
eal
eter Stroud, I,emter,Board of App
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FRO;! THIS DECISION, 1F ANY SHULL BE IC=9E PURSUANT TD SH-,ION ll OF THE
CENERA LAWS MIXED E70 AND c„A_Z EE ERED Wn HIN ZD DAYS AFTER THE DATE OF F MO
CE TH!S DEC-c,_:; IN THE CE.S IF THE CITY CLERK.
4'J aLST T^ W17S GURU LE„NY. rh 17ER EDS S:iIM 11. THE VOIA,WS OR THMN PEP,:'IT
KNV; FM;_! LT =._ EFFEA UNYL F COPY OF THE C_CISI_% EFIRS1 THE I AT.
1`1 70,n OF THE EA CEH TKI _. DOI H-':E ELAPSED .'J NO APPUL HE 5E_" FII_i D,
On Ti';'. if S,;_. A.?FE;L hAS FEE', FILE THFT IT H—S FEEN DiE: .E_. OR G_:JED !S
RE:._C'D-D IN THE ScJihh £SKk RETSTR) OF DEEDS AND INDEED UNDER THE NLA OF RE OWNA
OF RULED OR 1S RNERDED AND N&AD ON THE CONER'S CERTIFICATE OF TIRE.
BOARD OF APPEAL
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GULF OF MAINE RESEARCH CENTER INC.
ENVIRONMENTAL CONSULTING SERVICES
204 LAFAYETTE STREET
October 25 , 1988 SALEM, MA 01970
(508) 745-6618
FAX (508) 741-8648
Mr. Walter Power - Chairman
Salem Planning Board
One Salem Green
Salem, MA 01970
Re: Pierce Road
Dear Mr. Power and Board Members:
Steven Salvo and Clayton Smith, Salem residents with interests
of Pierce Road, have requested that the Salem Conservation
Commission require Randall and Loretta Wieting of 14 Buchanan Road
to file a Request for Determination of Applicability for gardens
within the buffer zone. However, the issue is not whether the
gardens impact the adjoining marsh ( see attached letters ) , but
whether' the Wietings can use what was once Pierce Road. Therefore
on behalf of the Wietings, I ask the Planning Board to aid in
clarifying this matter.
Please note that the Salem Board of Appeals Decision of November
2 , 1988 granted the Weitings a variance for construction of a
porch. The porch is 5 feet from Pierce Road, therefore the Board of
appeals had,_a_ _inding as fact" that Pierce Road does not exist. ------This position was upheld by the Salem Conservation Commission on
April 14, 1988 when it denied Clayton Smith construction of a house
and extended roadway on the lot adjacent to the Wieting' s.
In 1986, the Wietings planted gardens on what was once Pierce
Road following the verbal approval of the Salem Conservation
Commission. It is Mr. Salvo' s and Mr. Smith' s contention that the
gardens are on city property. As such, they are strongly urging the
Conservation Commission to order their removal. Whether the
property belongs to the city or to the Wietings should be of no
concern to the Conservation Commission, however, to facilitate the
process I ask the Planning Board three questions: 1) does Pierce
Road exist, 2) if not, has that area become the property of the
abutters, and 3 ) if it remains city property, can the Wietings
retain their gardens until such time that the city requires the
roadway?
Thank you for your time and consideration. Please feel free to
contact me should you have any questions.
Sincerely,, ,
r .,
Donald M. Kent, Ph.D.
Senior Environmental Scientist
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