2 CABOT STREET - ZBA 2 C cab o�- S�'c-e�--�
t
�,co`umu
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAJg17 Nov 29 pM 0 46
120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 0 ;AT 1 CLERK
KIMBERLEYDRISCOLL TEa.E:978-745-9595♦ FAX:978-740-98 5A
LEM. MQSS
MAYOR
November 29, 2017
Decision
City of Salem Board of Appeals
Petition of CHANEL DESJARDINS, TRUSTEE, 2 CABOT STREET REALTY TRUST seeking a
special permit per Sec. 3.3.3 Non-conforming Structures to allow two (2) residential dwelling units
and variances per Sec. ALI Table of Dimensional Requirements of the Salem Zoning Ordinance, to
allow less than the required lot area per dwelling unit and number of parking spaces at 2 CABOT
STREET (Map 34,Lot 79)(R-2 Zoning District).
A public hearing on the above Petition was opened on November 15, 2017 pursuant to M.G.L Ch. 40A,
Iland closed on that date with the following Salem Board of Appeals members present Rebecca Curran
(Chair), Peter A. Copelas,Mike Duffy,Tom Watkins,Paul Viccica.
The petitioner is seeking a special permit per Sec. 3.3.3 Non-conforming Structures to allow two (2) residential
dwelling units and variances per Sec. 4.1.1 Table of Dimensional Requirements of the Salem Zoning Ordinance, to
allow less than the required lot area per dwelling unit and number of parking spaces.
Statements of fact:
1. In the petition date-stamped September 26, 2017, the Petitioner requested a special permit per Sec.
3.3.3 Non-conforming Strctures to allow two (2) residential dwelling units and variances per Sec. 4.1.1
Tabk of Dimensional Requirements of the Salem Zoning Ordinance, to allow less than the required lot
area per dwelling unit and number of parking spaces.
2. On October 18, 2017, the petitioner requested a continuation to the next regularly scheduled meeting
on November 15,2017.No testimony was heard at this meeting.
3. In a letter dated November 13, 2017, the petitioner requested to withdraw the petition without
prejudice as the Building Commissioner agreed that, based upon the facts submitted, the existing two
(2) family use with one off-street parking space preceded the 1965 enactment of the Zoning Map and
is therefore grandfathered as a pre-existing nonconforming use.
4. The requested relief, if granted, would allow the petitioner to withdraw the application without
prejudice.
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5)in favor
(Rebecca Curran (Chair), Peter A. Copelas, Mike Duffy, Tom Watkins, Paul Viccica), and none (0) opposed
to allow the petitioner to withdraw the application without prejudice.
THE PETITION IS WITHDRAWN WITHOUT PREJUDICE.
City of Salem Board of Appeals
November 29,2017
Project: 2 Cabot Street
Page 2 of 2
Rebecca Curran, Chair
Board of Appeals
E
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal from thio dea ox,if any, shall he made purmant to Section 17 of the Massaeharetu Genera!L"s Chapter 40A,and shall be.filed nnthrx 20
days of filing of tbu decision in the office of the City Clerk Pursuant to the Massachusetts Genera!Lmw Chapter 40A,Section 11, the Va iaxce or
SpeaalPernntgranted herein shall not take�d until a ropy of the deasion bearing the certificate of the Cry Clerk ha been fled ndth the Essex South
Registry of Deeds.
nP. CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET♦SALEM,MASSACHUSETTS 01970
KIMBERLEY DRTSCOLL 7)E -978-619-5685♦ FAX:978-740-0404
MAYOR ^O T
N CO_
D�? CIN
r—a
3-< .a
. n
>1 -v
_ 2�zo
City of Salem = "
Zoning Board of Appeals
Will hold-a-public-hearing for all persons interested in a petition of CHANEL DESJARDINS, TRUSTEE, 2
CABOT STREET REALTY TRUST seeking a special permit per Sec. 3.3.3 Non-conforming Structures to allow
two (2) residential dwelling units and variances per Sec. 4.1.1 Table of Dimensional Requirements of the Salem
Zoning Ordinance, to allow less than the required lot area per dwelling unit and number of parking spaces
and a at 2 CABOT STREET (Map 34,Lot 79)(R-2 Zoning District).
Said hearing will be held on WED, Oct. 18, 2017 at 6:30 p.m., 3`d floor, 120 WASHINGTON ST, ROOM
313.
Rebecca Curran, Chair
Board of Appeals
Salem News: October 4, 2017 and October 11,2017
This notice posted on "Offici� ulll tin Board"
City Hall, Salem, Mass. on 2111
at 2—tZ4 fp-y in accordance with MGL Chap, 30A,
Sections 18-25.
CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
05
4f�:;, CITY OF SALEM,MASSACHUSETTS
BOARD OF APPEALS CITY CLERK
s _ SALEM. MASS
a s o 120 WASHINGTON STREET,3'm FLOOR
yai' i _- �$'.' SALEM,MASSACHUSETTS 01970
s �
�(MINEp� P' Thomas St Pierre,Director of Inspectional Service
Phone:978-619-5641 /Fax:978-740-9846 ° ` �"'y
KimBERLEY DRISCOLL Erin Schaeffer,Staff Planner E' �/'
MAYOR Phone:978-619-5685/Fax:978-740-0404 -1 n n e.,
ti �. ,?
TO THE BOARD OF APPEALS: COMMUNITY OF PLANNING
The Undersigned represent that he/she is/are the owners of a certain parcel of land located at:MUN1TY DEVELOPMENT
Address: 2 Cabot Street Zoning District: R-2
An application is being submitted to the Board of Appeal for the following reason(s): This statement must
describe what you propose to build,the dimensions,the zone property is in,and the zoning requirements.(Example:
I am proposing to construct a 10'x 10'one story addition to my home located at 3 Salem Lane, in the R-2 Zoning
District. The Zoning Ordinance requires the minimum depth of the rear yard to be 30 feet. The current depth of my
rear yard is 32 feet; the proposed addition would reduce the depth of the rear yard to 22 feet.)
No actual work is proposed.
Application filed for Special Permit or other appropriate relief that will
make lawful the existing non-conforming 2-family use that has .existed on
the property since the 1970sbut is non-conforming since it was never permitted to
be expanded from one-family to 2-family.
For this reason I am requesting:
O Variance(s)from provisions of Section of the Zoning Ordinance,specifically from
(i.e. minimum depth of rear yard).
What is allowed is 0?sq ft?stones? %7), and what I
am proposing is (/t?sq,n?stories? %?).
(x)A Special Permit under Section 3.3.3 of the Zoning Ordinance in order to
/a non-co�rming
alter and expand single-familv structure to a 2-family structure '..
( )Appeal of the Decision of the Building Inspector(described below):
O Comprehensive Permit for construction of low or moderate income housing(describe below):
Current Property Use: 2-family Are Lot Dimensions-Included? O Yes $ )No Why? No work -
(Example'TwoFamityHome) being done
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and allow
the project to be constructed as per the plans submitted,as the enforcement of said Zoning By-Laws would involve
practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially
derogating from the intent and purpose of the Zoning Ordinance.
I` -
C= OF SALEM, MASSACHUSETTS BOARD OF APPEALS
PETITION FORM
The following written statement has been submitted with this application:
(x) For all Variance requests a written Statement of Hardship demonstrating the following must be attached:
a) Special conditions and circumstances that especially affect the land, building,or structure involved,
generally not affecting other lands,buildings,and structures in the same district;
b) Literal enforcement of the provisions of the Ordinance would involved substantial hardship to the
applicant; and
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.
(x) For all Special Permit requests a Statement of Grounds must be attached.An application for a special permit for
a nonconforming use or structure shall include a statement demonstrating how the proposed change shall not be
substantially more detrimental than the existing nonconforming use to the neighborhood in accordance with
Section 9.4 Special Permits. Such a statement should include reference to the following criteria:
a) Social, economic, or community needs served by the proposal;
b) Traffic flow and safety, including parking and loading; -
c) Adequacy of utilities and other public services;
d) Impacts on the natural environment, including drainage;
e) Neighborhood character; and
f) Potential fiscal impact, including impact on City tax base and employment.
O For all Comprehensive Permits for construction of low or moderate income applicants should refer to M.G.L.
,Ch.40B § 20-23.
Previous applications to the Board of Appeals involving this property have been submitted with this petition
form. The Building Commissioner can provide documentation ofprevious applications to the petitioner or his
representative.
2 Cabot Street Realty Trust If differentfrom petitioner;
Petitioner: Chanel Desiardins, Trustee Property Owner: Same
Address: 2 Cabot Street, Salem Address:
c/o Attorney William F. Quinn
Telephone: Telephone:
Email: Email:
Signature: Signature:
(Attached cunsent letter is also acceptable)
Date: Date:
If different from petitioner:
Representative: William F. Quinn, Esq.
A TRUE Address: 27 Fongress St. , Salem, MA 01970
ATTEST Telephone: x�(978) 745-8065 ext. 110
Signature:l/L���Cf�7i[� ��
Date: 9/26/2017
Email: billquinulaw@gmail.com
CITY CLERK DATE DPCD DATE
This original application must be filed with the City Clerk.
STATEMENT OF GROUNDS FOR VARIANCES
FOR 2 CABOT STREET
There is no work proposed by this petition.
This property is located in the R-2 Zoning District. As owner, petitioner seeks to make lawful the
2-family use which has been in place at this property since the 1970s.
City records document that the structure was built in 1916, and that it has been used as a
2-family since the 1970s, but not as early as 1965 when the Zoning Enabling Act was adopted, so the 2-
family use is not legally"grandfathered" under that statute. There is no evidence that a building permit
was ever issued to convert the structure from a 1-family to a 2-family. Petitioner therefore seeks such
approvals as are required to make the 2-family use lawful.
Petitioner therefore requests relief as follows:
A Special Permit under Section 3.3.3 (2) of the Ordinance to extend, alter and change the non-
conforming residential structure to provide for the same residential purpose to a substantially greater
extent as a to a 2-family structure.
The Grounds for Special Permit:
This property has operated as a 2-family dwelling since the 1970s and no additional units or
physical extensions of the structure will be made. There is one parking space on-site and ample on-
street parking in the neighborhood. Legalizing the existing 2-family use will not be substantially more
detrimental than the existing use to the neighborhood. Community need for housing will be served.
There will be no effect on traffic flow, the environment, drainage or the neighborhood character.
Adequate public utilities already serve the property. The lawful 2-family use will enhance the appraised
value of the property and have a positive impact on the City tax base.
08131!2017 07:37 9787443189 NORTYSiORESLIRVEM PAGE 01
N/F BICKERS
41't
AREA = 2080 t S F.
DECK
l � -
uj
st ~
LJ
N/F c
DOYLE
c� a
cl 2 STORY '
c D% MG
/w�
PORCH V
n
41't
CABOT STREET
REFERENCE- THIS PLOT PLAN WAS NOT MADE FROM
QEFD: ITEC BK. 18080 PG 70 AN INSTRUMENT SURVEY AND IS FOR
THE PURPOSES OF THE BANK ONLY.
UNDER NO CIRCUMSTANCES ARE OFFSETS
TO: ENVOY MORTGAGE, LTO. TO RE USED FOR ESTABLISHMENT OF
FENCES, WALM HEDGES, ETC,
I CERTIFY THAT THE BUILDINGS SHWIM HEREON
ARE LOCATED ON THE GROUND AS SNO%M AND THEY
CONN TO THE HORIZONTAL DIMENSIONAL REGULAMONS
OF THE ZONING MAWS OF THE CITY OF SALEM MMTGAGE INSPECTION PLAN
AT THE TIME OF CONSTRUCTION OR ARE PROTECTED UNDER LOCATED AT
GENERAL LAMS CHAPTER 40A SECTION 7. 2 CABOT STREET
I ALSO CERTIFY THAT THE PREMISES SHOWN ARE NOT F,t4v of b" SALEM
LOCATED OTHIN A FLOW HAZARD ZONE AS � ''� PREPARED FOR
DELLNEATED ON 7HE MAP OF COTAMUNITY X250702 3'S� GArL L MICHAEL LAUSIER
SALEM, MA., EFFECTIVE 7 t6 4
BY THE FEDERAL EMERG MANAGEMENT AGENCY, s!d TH SCALE 1' - 10' AUGUST 25, 2DT7
Na ISM NORTH SNORE SURVEY CORP.
g.I LS I t j ��A y' ��FO`srEak° 14 SALEM,
M STREET
DATE PROFESSIONAL LAND SURVEYOR "`�L 878-744-48DO III 4516 G
8 __I� i MIPs/.64Y.1..
MA pl ce,
__ �./r Ilaalelien
r 7rr To b1 y.n
Sb11
I11n
�
�3 1 15_� enm
O
w 53 1/2 --
LUT.,
1 ,
L" r m Rnus wo '.r
Abultinq Tm-Labels
f�
_ 2_0 24 2., AhW pTmmz-No pbah
4 -e,
1 46 44 4-0, Iq.6^
Islaty
G®Itl l6n
iA1S]0fl
Z 50` EET ®g62gn
CEDAR STR � ^ ^^
Q N<0.6U fl
�6060fl
_,o h
57 5 o _ 1� �9
eJ
[ ' _
1L.5� f 1
ri 2; rn 2....
L8 6i. m
� 141 �. 1� �$ — .
I-- CYPRESS STREET L , _ STREET
LU -t �
5 310 EAIRFIELD
111 �91
I
Q 65 14 1.0
� 86.
14 -
`r LYME STREET 1 [
I �
f�
.,.ml �2
p. Iburam I .a, ��.
�. ;
0 1 G 3201t Printed on 09/082017 at 02:17 PM
9/8/2017 Unofficial Property Record Card
Unofficial Property Record Card - Salem, MA
General Property Data
Parcel ID 34-0079-0 Account Number 0
Prior Parcel ID 52—
Property Owner DESJARDINS LOUISE M Property Location 2 CABOT STREET
Property Use Two Family
Mailing Address 2 CABOT ST Most Recent Sale Date 1011311993
Legal Reference 12172-155
City SALEM Grantor DESJARDINS GERARD
Mailing State MA Zip 01970 Sale Price 67,000
ParcelZoning R2 Land Area 0.047 acres
Current Property Assessment
Card 1 Value Building Value 194,500 Xtra Features 0 Land Value 83,400 Total Value 277,900
Value
Building Description
Building Style Multi-Garden Foundation Type Cgnc.Block Flooring Type Hardwood
#of Living Units 2 Frame Type Wood Basement Floor Concrete
Year Built 1916 L/ Roof Structure Hip Heating Type Forced H/W
Building Grade Average Roof Cover Asphalt Shgl Heating Fuel Gas
Building Condition Average Siding Aluminum Air Conditioning 0%
Finished Area(SF)1729.6 Interior Walls Plaster #of Bsmt Garages 0
Number Rooms 10 #of Bedrooms 4 #of Full Baths 2
#of 3/4 Baths 0 #of 112 Baths 0 #of Other Fixtures 0
Legal Description
Narrative Des
ction of Property
This property contains 0.047 acres of land mainly classified as Two Family with a(n)Muiti-Garden style building,built about 19116,having Aluminum
exterior and Asphalt Shgl roof cover,with 2 unit(s),10 room(s),4 bedroom(s),2 bath(s),0 half bath(s).
Property Images
-�-2 --
This informationi i believed to be correct but is subject to chane and is not warranteed.
Disclaimer.T ss
1 9
http://salem.pathotproperties.com/RecordCard.asp 1/1
II/22/99 8:53 Inst. 65
BK 16060 PG 70
CA QUITCLAIM DEED
LOUISE M. DESJARDINS, of Salem, Essex County, MA
for nominal consideration
GRANT TO
LOUISE M. DESJARDINS, as she is TRUSTEE OF 2 CABOT STREET SALEM REALTY
C) TRUST, under Declaration of Trust of even date, to be recorded herewith
at the Essex (South District) Registry of Deeds, of 2 Cabot Street,
o Salem, MA 01970
c u
� m
y
WITH QUITCLAIM COVENANTS
m y
A certain parcel of land with the buildings thereon situated at
the corner of Cabot and Cedar Streets in Salem, Essex County, and
o bounded and described as follows:
NORTHERLY by Cedar Street about fifty (50) feet, ten (10) inches;
EASTERLY by Cabot Street about forty-one (41) feet, more or
less;
SOUTHERLY by land now or late of Doyle about fifty (50) feet, ten
N
(10) inches; and
WESTERLY by land now or late of Rickers about forty-one (41)
a�
feet more or less.
m
o For title, see deed of Gerard G. Desjardins; dated September 20, 1993,
recorded with said Registry of Deeds, Book 12172, Page 155 . See also
deed of Gerard Desjardins, dated September 9, 1993 , recorded with said
o Registry of Deeds, Book 12172, Page 156. Gerard Desjardins died December
8, 1996.
0
,a
ao
WITNESS my hand and seal this ia� day of LY (1N 1999.
4tne
' Lou' e M. Desjardiss
r
COMMONWEALTW OF MASSACHUSETTS
Essex, ss . � � 1999
Then personally appeared the above-named Louise M. Desjardins and
acknowledged the foregoing inst ent to beerr �yfree act and deed,
before me, Gl ���C+J'X-MJF.
,eon d A. Bonf ti, Notary Public
My Commission Expires: 1/31/2003
RETURN TO:
Leonard A. Bonfanti, Esquire
MkaW, Harmon & Bontanti, LLP
27 Lowat Street
Peabody,3ce
N�SA 01980
(508Box) 83
3 Illilllllllllllllllilllllillllllllllllllllll�
SO,ESSEX #108 6k'_ OU P006
0410512Di7 10:31 PPPi P9 W3
2 CABOT STREET SALEM REALTY TRUST
Under Declaration of Trust dated October 12, 1999, and recorded at the Essex
Countv Registry of Deeds at Book 16060, Page 70 on November 22, 1999
APPOEl ITMENT OF SUCCESSOR TRUSTEE
1, CHANEL M. DESJARDINS, hereby state the following:
1. Louise M. Desjardins, the original Trustee of the 2 CABOT STREET SALEM
REALTY TRUST, Under Declaration of Trust dated October 12, 1999, and
4- recorded at the Essex County Registry of Deeds at Book 16060, Page 70 on
L
November 22, 1999 died on March 1�, 2017.
4-
`-0 2. Pursuant to Article SEVENTH of the 2 CABOT STREET SALEM REALTY
TRUST, Under Declaration of Trust dated October 12, 1999, and recorded at the
Essex County Registry of Deeds at Book 16060, Page 70 on November 22, 1999,
I, CHANEL M. DESJARDINS as successor Trustee of the LOUISE M.
DESJARDINS TRUST Under Declaration of Trust dated October 12, 1999 and
N amended by First Amendment dated October 25, 2016 of The Louise M.
y Desjardins Trust uld/t on October 12, 1999, have the authority to appoint a
1 successor Trustee as holder of the 10017c beneficiary interest of the 2 CABOT
Q STREET SALEM REALTY TRUST.
�{ 3. As 100% Beneficiary, I, CHANEL M. DESJARDINS as successor Trustee of the
LOUISE M. DESJARDINS TRUST Under Declaration of Trust dated October 12,
1999 and amended by First Amendment dated October 25, 2016 of The Louise M.
Desjardins Trust u/d/t on October 12, 1999, appoint CHANEL M. DESJARDINS,
of 9515 Candle Lane NE, Albuquerque, New Mexico, 87111, as successor Trustee
of 2 CABOT STREET SALEM REALTY TRUST, Under Declaration of Trust dated
October 12, 1999, and recorded at the Essex County Registry of Deeds at Book
16060, Page 70 on November 22, 1999.
4. I have accepted said appointment as Successor Trustee of the 2 CABOT STREET
SALEM REALTY TRUST, Under Declaration of Trust dated October 12, 1999,
1 CAL
Initials
and recorded at the Essex County Registry of Deeds at Book 16060, Page 70 on
November 22, 1999 below.
IN WITNESS WHEREOF, I hereunto set my hand and seal this day of
March, 2017.
CHANEL M. DESJARDIN , as
successor Trustee of the LOUISE M.
DESJARDINS TRUST Under
Declaration of Trust dated October 12,
1999 and amended by First Amendment
dated October 25, 2016 of The Louise M.
Desjardins Trust u/d/t on October 12,
1999- 100% Beneficiary
of the 2 CABOT STREET SALEM
REALTY TRUST, Under Declaration of
Trust dated October 12, 1999, and
recorded at the Essex County Registry of
Deeds at Book 16060, Page 70 on
/ November 22, 1999
residing at IVIL
(Witness)
residing at 9S-7� 7,,_
(Witness) �— Ma✓u Aurc�a
3�n�i—la.
STATE OF NEW MEXICO
COUNTY
I hereby certify that on this23 day of MARCH, 2017, before me,the undersigned
notary public, personally appeared the above named CHANEL M. DESJARDINS, proved
to me through satisfactory evidence of identification, which was valid photo identification
to be the person whose name is signed on the preceding or attached document, and
acknowledged to me that she signed it voluntarily for its stated purpose as her free act and
deed.
a
OFFICIAL SEALLaRue Tsoodie NOTARY PUBLIC2
STATE OF NE M RICOon BXp1res:
I l 2 Initials
Notary Public
My Commission expires: 122`2020
2 CABOT STREET SALEM REALTY TRUST
Under Declaration of Trust dated October 12. 1999, and recorded at the Essex
County Reeistry of Deeds at Book 16060. Pate 70 on November 22. 1999
ACCEPTANCE OF SUCCESSOR TRUSTEE
I, CHANEL M. DESJARDINS, currently of 9515 Candle Lane NE, Albuquerque, New
Mexico, 87111, hereby accept my appointment as successor Trustee of the 2 CABOT
STREET SALEM REALTY TR UST, Under Declaration of Trust dated October 12, 1999,
and recorded at the Essex County Registry of Deeds at Book 16060, Page 70 on
November 22, 1999
IN WITNESS WHEREOF, I hereunto set my hand and seal on this —2L day of March,
2017.
LC
CHANEL M. DESJARD , as Trustee
of 2 CABOT STREET SALEM REALTY
TRUST, Under Declaration of Trust
dated October 12, 1999, and recorded at
the Essex County Registry of Deeds at
Book 16060, Page 70 on November 22,
1999
STATE OF NEW MEXICO
FO-MOLI1h COUNTY
I hereby certify that on this qday of MARCH, 2017, before me, the undersigned
notary public, personally appeared the above named CHANEL M. DESJARDINS, proved
to me through satisfactory evidence of identification, which was valid photo identification
to be the person whose name is signed on the preceding or attached document, and
acknowledged to me that she signed it voluntarily for its stated purpose as her free act and
deed.
Notary Public
AM
IAL SEAL My Commission e ires: H12:7,r6020 Tsoo dleRY RU6LIC NE MEXICO 3
2 �-�
Initials
CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
/owl moo, F�TTION FORM.
CITY of SALEM,MASSACHUSE EP 20 '011: 48
BOARD OF APPEALS
CITY CLERK
120 WASHINGTON STREET,3M FLOOR SALEM. MASS
SALEM,MASSACHUSETTS 01970
C'C�ryfN6. �. Thomas St Pierre,Director of Inspectional Serviced
Phone: 978-619-5641 / Fax:978-740-9846
KimBERLEY DRiscoLL Erin Schaeffer,Staff Planner 7 r�
MAYOR Phone:978-619-5685/ Fax:978-740-W4 SE? 2
TO TAE BOARD OF APPEALS: DEpT G
The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: NI TY DELEtpF� `vT
Address: 2 Cabot Street Zoning District: R-2 _
An application is being submitted to the Board of Appeal for the following reason(s): This statement must
describe what you propose to build,the dimensions,the zone property is in, and the zoning requirements.(Example,
I am proposing to construct a 10'x 10'one story addition to my home located at 3 Salem Lane, in the R-2 Zoning
District. The Zoning Ordinance requires the minimum depth of the rear yard to be 30 feet. The current depth of my
rear yard is 32 feet; the proposed addition would reduce the depth of the rear yard to 22 feet.) -
No work proposed. Application filed for variances for lot area per dwelling
unit and parking that will make lawful non—conforming 2—fami1y that as
existed since 1970s.
For this reason I am requesting:
(X Variance(s) from provisions of Section 4.1.1 of the Zoning Ordinance,specifically from min. lot area/unit
and 5.1.8 minimum number df on—site parking plaCesminimum depth ofrear yard),
What is allowed is 7,500 sf lot area/unit in R-2wherr (�gnlvsto,0#qs. /?SJfa d wvided�and
3 parking spacese l
hat I
am proposing is - (fl?sq ft?stories? %?).
( )A Special Permit under Section of the Zoning Ordinance in order to
( )Appeal of the Decision of the Building Inspector(described below):
O Comprehensive Permit for construction of low or moderate income housing(describe below):
Current Property Use: 2—family Are Lot Dimensions Included? )Yes O No Why?
(Example:Two Family Ham)
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and allow
the project to be constructed as per the plans submitted,as the enforcement of said Zoning By-Laws would involve
practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially
derogating from the intent and purpose of the Zoning Ordinance.
CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
PE=ON FORM
The following written statement has been submitted with this application:
k) For all Variance requests a written Statement of Hardship demonstrating the following must be attached:
a) Special conditions and circumstances tbat especially affect the land,building,or structure involved,
generally not affecting other lands,buildings, and structures in the same district;
b) Literal enforcement of the provisions of the Ordinance would involved substantial hardship to the
applicant;and
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.
¢f) For all Special Permit requests a Statement of Grounds must be attached.An application for a special permit for
a nonconforming use or structure shall include a statement demonstrating how the proposed change shall not be
substantially more detrimental than the existing nonconforming use to the neighborhood in accordance with
Section 9.4 Special Permits. Such a statement should include reference to the following criteria:
a) Social,economic, or community needs served by the proposal;
b) Traffic flow and safety, including parking and loading;
c) Adequacy of utilities and other public services;
d) Impacts on the natural environment,including drainage;
e) Neighborhood character; and
f) Potential fiscal impact,including impact on City tax base and employment.
O For all Comprehensive Permits for construction of low or moderate income applicants should refer to M.G.L.
Ch.40B § 20-23.
Previous applications to the Board of Appeals involving this property have been submitted with this petition
form. The Building Commissioner can provide documentation ofprevious applications to the petitioner or his
representative.
Chanel Desjardins, Trustee Ifdi}jerentfrompetitioner:
Petitioner. 2 Cabot Street Zealty Trusfproperty Owner: Same
Address: 2 Cabot Street, Salem, MA Address: !
Telepbone: c/o Attorney William Quinn Telephone:
Email: Email: / ff
Signature: Signature:
( tt¢che —nt let is a aecepmble)
Date: Date: ( 2D
If different from petitioner:
Representative: William F. Quinn, Esq.
A TRUE Address: 27 Congress St, Salem, MA 01970
ATTEST Telephone: 978-745-8065 Ext. 110
Signature:
Date: 9/18/2017
CITY CLERK DATE DPCD DATE
This original application must be filed with the City Clerk.
STATEMENT OF GROUNDS FOR VARIANCES
FOR 2 CABOT STREET
There is no work proposed by this petition.
This property is located in the R-2 Zoning District. As owner, petitioner seeks to make lawful the
2-family use which has been in place at this property since the 1970s.
City records document that the structure was built in 1916, and that it has been used as a
2-family since the 1970s, but not as early as 1965 when the Zoning Enabling Act was adopted, so the 2-
family use is not legally"grandfathered" under that statute. Petitioner therefore seeks such approvals
as are required to make the 2-family use lawful.
The parcel contains only 2,080 sf of land area (where the Ordinance requires 7,500 sf of land
area per dwelling unit) and there is only one (1) off-street parking space on the parcel (where the
Ordinance requires 1.5 spaces per dwelling unit). Again, these conditions and the 2-family use have
existed at the property since the 1970s.
Petitioner therefore requests relief as follows:
1) A Variance from the minimal lot area per dwelling unit requirement of Section 4.1.1 to allow the
two existing units on the parcel with a lot area of 1,040 sf per unit,which is less than the
required minimum lot area per dwelling unit required (7,500 sf per unit); and
2) a Variance from the minimum on-site parking space requirements under Section 5.1.8 to allow
the 2-family use with only the one existing on-site parking space (rather than the 3 parking
spaces required for 2 units by the Ordinance).
There will be no physical construction inside or outside the structure to accommodate this use
of the property to a 2-family, as such already exists, and, according to City of Salem records, has existed
in the structure since at least the 1970s.
The Grounds for the Variances:
The Variance from Minimum Lot Area Per Dwelling Unit:
The small size of this parcel (2,080 sf), which existed when zoning was enacted in Salem (1965)
and which is too small to meet the requirements of lot area per dwelling for either a 1-family (15,000 sf)
or a 2-family dwelling (7,500 sf per unit) in the R-2 District is a special condition and circumstance that
especially affect this property and do not generally affecting the other lands in the District. The literal
enforcement of the minimum lot area per dwelling unit requirements of the Ordinance would effectively
prohibit the use of the property for residential uses although it was originally constructed for residential
use, and cause substantial hardship, financial and otherwise to the applicant. The requested relief of
may be granted without detriment to the public good and without nullifying or substantially derogating
from the intent of the district or the purposes of the Ordinance.
The Variance from Minimum Number of On-Site Parking Spaces:
The property has operated as a 2-family with room for only one (1) on-site parking place since
the 1970s.
The property is located at the intersection of Cabot and Cedar Streets, which is a quiet area with
ample on-street parking. Cedar Street dead-ends nearby at the Mass. Electric transformer site,
effectively eliminating any through traffic on Cedar Street adjacent to the existing parking area on the
property.
Because of the small size of the parcel (2,080 sf), and size and location of the structure on the
parcel,there is only a small area at the rear of the property that is available to accommodate one (1)
existing off-street parking place on the property. The applicant seeks a variance of the parking
requirements of the Ordinance (requiring 1.5 spaces per dwelling, or 3 spaces for 2 families) to allow the
2-family use with only the existing parking space.
The parcel and the structure existed when zoning was enacted in 1965 in Salem. The small size
of the parcel, and the location and size of the structure thereon,which leave no access for vehicles for
parking on the site, are special conditions and circumstances that especially affect this property and are
not affecting the other lands or structures in the District. The literal enforcement of the on-site parking
provisions of the Ordinance where the property cannot physically provide the legally required number
of parking spaces would effectively prohibit the use of the property for otherwise permitted 2-family
use, and cause substantial hardship,financial and otherwise to the applicant. Desirable relief of
allowing may be granted without detriment to the public good and without nullifying or substantially
derogating from the intent of the district or the purposes of the Ordinance.
l
08/31/2017 07:37 9787449180 NORT}iSHORESLJR1iEY PAGE 01
N/F RICKERS'
41't
AREA = 2080 t S.F.
J�
O _
DECK
w
Lu
N�
DOYI.ELn
�
2 STORY o
c DIAELLING
#2
Q
W
PORCH �,/
M
n
41'f
CABOT STREET
REFERENT: THIS PLAT PLAN WAS NOT MADE FROM
DEED: REC. BK. 16080 PC, 70 AN INSTRUMENT SURVEY AND IS FOR
THE PURPOSES OF THE BANK ONLY.
UNDER NO CIRCUMSTANCES ARE OFFSET$
TO: ENVOY MORTGAGE, LID. TO BE USED FOR ESTABLISHMENT OF ,
FENCES, WALLS, HEDGES. ETC.
I CERTTY THAT THE BUILDINGS SHOWN HEREON
ARE LOCATED ON THE GRAND AS SHOWN AND THEY
CONFORM TO THE HORIZONTAL DIMENSIONAL REGULATIONS
OF THE ZONING BYLAWS OF THE CITY OF SALEM MORTGAGE INSPECTION PLAN
AT THE TIME OF CONSTRUCTION OR ARE PROTECTED UNDER LOCATED AT
GENERAL LAWS CHAPTER 40A SECRON 7. �� Snoc 2 CABOT STREET
I ALSO CERRFY THAT THE PREMISES SHOWN ARE NOT W SALEM
LOCATED WITHIN A FLOOD HAZARD ZONE AS PREPARED FOR
DELINEATED ON THE MAP OF COMWL"TY /250102 . GAILL �' MICHAEL LAUSER
SALEM, MA.. EFFT?CTIVE 1812054 m
BY THE FEDERAL EMERG CY MANAGEMENT AGENCY. SMITH SCALE T* . 10' AUGUST 25, 2057
NORTH SHORE SURVEY ODRP.
I Ls , 9F 14 BROWN STREET
DALE I, �PRa NAL LAND SURVEYOR Ls� 'A QrsTga� SALEM, MA. 01870
mac unm 978-744-480D # 4516 G
i
a� Lqa e1@. �t Ur rr{. _ .y„ yr •a saoeree
±3
IAF'. Sletion
<... IJnor srmo�
�'r 1 1 tar, .r� l�nwe rror.ry
tGasexooi
aWr�d'n6•
T oun .,
Lu 53. 12
LL
•L O rn �u$Hpwny.
k •Mirimtiered A.
/� �.{ s� nu.m.e ra«r resole
Ong-Towne NO Lebaa
3',6 2 2 COO
eew„ne„,.
o-,rt
T "2 -c wA[s-sort
Q �5r 46 44 40 m;"oft
EET a2a30m
Z mo nrt
Q CEDAR STR �4Ns
z
5.60 n
�fi0.70 11
mom
2 1r 31, F, N
57 5 51 o �FFF MI
. <
4� cn
Ux ,�2� m
►— CYPRESS STREET 1,4 u ' T
LU 531FAIRFIELD STREE
117 9. 7;
€ .r5
z `�651J4 11 8t ,6 12 1r5} F� 1y, �? r. .
U
wj
14
LYME STREET
m.mu.newnma,L.ee.n 3• �1 g, +7 5 1 t. 1K5 �; ,, � ,
w.wmera raonnexww•,e 4 Z� F :F'r q � S,;
Wn
nweeemnuname mu.
0 160 320 ft Printed on 0910812017 at 02:17 PM
9/8/2017 Unofficial Property Record Card
Unofficial Property Record Card - Salem, MA
General Property Data
Parcel ID 34-0079.0 Account Number 0
Prior Parcel ID 52—
Property
2—Property Owner DESJARDINS LOUISE M Property Location 2 CABOT STREET
Property Use Two Family
Mailing Address 2 CABOT ST Most Recent Sale Date 10113/1993
Legal Reference 12172-155
City SALEM Grantor DESJARDINS GERARD
j/Mailing State MA Zip 01970 Sale Price 67,000
ParcelZoning R2 Land Area 0.047 acres j
Current Property Assessment
Card 1 Value Building Value 194,500 Xtra Features 0 Land Value 83,400 Total Value 277,900
Value
Building Description
Building Style Multi-Garden Foundation Type Conc.Block Flooring Type Hardwood
#of Living Units 2 Frame Type Wood Basement Floor Concrete
Year Built 1916 t/ Roof Structure Hip Heating Type Forced HfW
Building Grade Average Roof Cover Asphalt Shgl Heating Fuel Gas
Building Condition Average Siding Aluminum Air Conditioning 0
Finished Area(SF)1729.6 Interior Walls Plaster #of Bsmt Garages 0
Number Rooms 10 #of Bedrooms 4 #of Full Baths 2
#of 3/4 Baths 0 #of 112 Baths 0 #of Other Fixtures 0
Legal Description
Narrative Des
ction of Property
This property contains 0.047 acres of land mainly classified as Two Family with a(n)Muiti-Garden style building,built about 1916.having Aluminum
exterior and Asphalt Shgl roof cover,with 2 unit(s),10 room(s),4 bedroom(s),2 bath(s),0 half bath(s).
Property Images
Disclaimer.This information is believed to be correct but is subject to change and is not warranteed.
http:/isalem.patriotproperties.com/RecordCard.asp 1!1
11/2299 8:53 inst. 65
BK 16060 PG 70
CA QUITCLAIM DEED
LOUISE M. DESJARDINS, of Salem, Essex County, MA
for nominal consideration
GRANT TO
LOUISE M. DESJARDINS, as she is TRUSTEE OF 2 CABOT STREET SALEM REALTY
TRUST, under Declaration of Trust of even date, to be recorded herewith
at the Essex (South District) Registry of Deeds, of 2 Cabot Street,
o Salem, MA 01970
H
m
v
6 ° WITH QUITCLAIM COVENANTS
A certain parcel of land with the buildings thereon situated at
+� the corner of Cabot and Cedar Streets in Salem, Essex County, and
ia bounded and described as follows :
NORTHERLY by Cedar Street about fifty (50) feet, ten (10) inches;
.n EASTERLY by Cabot Street about forty-one (41) feet, more or
less;
U
SOUTHERLY by land now or late of Doyle about fifty (50) feet, ten
N
(10) inches; and
WESTERLY by land now or late of Rickers about forty-one (41)
N
feet more or less.
H
a
o For title, see deed of Gerard G. Desjardins, dated September 20, 1993,
H recorded with said Registry of Deeds, Book 12172, Page 15S. See also
"' deed of Gerard Desjardins, dated September 9, 1993, recorded with said
o Registry of Deeds, Book 12172, Page 156. Gerard Desjardins died December
a 8, 1996.
0
u
U WITNESS my hand and seal this Ja-& day of Q� 1999.
O
4tns
Lou' M. Desjardins
COMMONWEALTH OF MASSACHUSETTS
Essex, es. @ � 1999
Then personally appeared the above-named Louise M. Desjardins and
acknowledged the foregoing inst ent to be er free act and deed,
before me, ^
mon d A. Bonf ti, No
Public
My Commission Expires: 1/31/2003
RETURN TO.
Leonard A. Bonfanti, Esquire
Ankeles, HaM= & BonfaMi, LLP
27 Lovell Street
Pwbody, MA 01980
(6W)5313
7000
3 Illllllllllllillllllllllliltliilllllllllllllll
so issEX #106 Bk:35760 9g:106
04/05/2017 10:31 RPPT P9 113
I
i
2 CABOT STREET SALEM REALTY TRUST
Under Declaration of Trust dated October 12, 1999, and recorded at the Essex
a
County Registry of Deeds at Book 16060, Page 70 on November 22, 1999
0
APPOINTMENT OF SUCCESSOR TRUSTEE
I, CHANEL M. DESJARDINS, hereby state the following:
1. Louise M. Desjardins, the original Trustee of the 2 CABOT STREET SALEM
REALTY TRUST, Under Declaration of Trust dated October 12, 1999, and
+' recorded at the Essex County Registry of Deeds at Book 16060, Page 70 on
November 22, 1999 died on March 1_, 2017.
i
2. Pursuant to Article SEVENTH of the 2 CABOT STREET SALEM REALTY
TRUST, Under Declaration of Trust dated October 12, 1999, and recorded at the
Essex County Registry of Deeds at Book 16060, Page 70 on November 22, 1999,
I, CHANEL M. DESJARDINS as successor Trustee of the LOUISE M.
DESJARDINS TRUST Under Declaration of Trust dated October 12, 1999 and
N amended by First Amendment dated October 25, 2016 of The Louise M.
Desjardins Trust u/d/t_on October 12, 1999, have the authority to appoint a
3successor Trustee as holder of the 100% beneficiary interest of the 2 CABOT
STREET SALEM REALTY TRUST.
p{ 3. As 100% Beneficiary, I, CHANEL M. DESJARDINS as successor Trustee of the
LOUISE M. DESJARDINS TRUST Under Declaration of Trust dated October 12,
1999 and amended by First Amendment dated October 25, 2016 of The Louise M.
Desjardins Trust u/d/t on October 12, 1999, appoint CHANEL M. DESJARDINS,
of 9515 Candle Lane NE, Albuquerque, New Mexico, 87111, as successor Trustee
of 2 CABOT STREET SALEM REALTY TRUST, Under Declaration of Trust dated
October 12, 1999, and recorded at the Essex County Registry of Deeds at Book
16060, Page 70 on November 22, 1999.
4. I have accepted said appointment as Successor Trustee of the 2 CABOT STREET
SALEM REALTY TRUST, Under Declaration of Trust dated October 12, 1999,
1 '�Q
Initials
,I
and recorded at the Essex County Registry of Deeds at Book 16060, Page 70 on
November 22, 1999 below.
i
IN WITNESS WHEREOF, I hereunto set my hand and seal this day of
March, 2017.
�(/lALLZ✓l M 101 � 6r ezj
CHANEL M. DESJARDIN;
successor Trustee of the LOUISE M.
DESJARDINS TRUST Under
Declaration of Trust dated October 12,
1999 and amended by First Amendment
dated October 25, 2016 of The Louise M.
Desjardins Trust u/d/t on October 12,
1999- 100% Beneficiary
of the 2 CABOT STREET SALEM
REALTY TRUST, Under Declaration of
Trust dated October 12, 1999, and
recorded at the Essex County Registry of
Deeds at Book 16060, Page 70 on
November 22, 1999
residing at
(Witness)
residing at 90;� &6�b
(Witness) 1 ✓u Aurqta
3LMCI IID COUNTY STATE OF NEW MEXICO
I
I hereby certify that on this Z3 day of MARCH, 2017, before me, the undersigned
notary public, personally appeared the above named CHANEL M. DESJARDINS, proved
to me through satisfactory evidence of identification, which was valid photo identification
to be the person whose name is signed on the preceding or attached document, and
acknowledged to me that she signed it voluntarily for its stated purpose as her free act and
deed.
OFFICIAL SEAL
a h LaRue 'Tsoodle
re ±t NOTARY PUBLIC 2 / n
STATE OF it Z XICO l.�
MV Commiss{on Expires. InILZQIS
Notary Public
My Commission expires: 1 122,2020
2 CABOT STREET SALEM REALTY TRUST
Under Declaration of Trust dated October 12, 1999, and recorded at the Essex
County Registry of Deeds at Book 16060, Page 70 on November 22, 1999
ACCEPTANCE OF SUCCESSOR TRUSTEE
i
I, CHANEL M. DESJARDINS, currently of 9515 Candle Lane NE, Albuquerque, New
Mexico, 87111, hereby accept my appointment as successor Trustee of the 2 CABOT
STREET SALEM REALTY TRUST, Under Declaration of Trust dated October 12, 1999,
and recorded at the Essex County Registry of Deeds at Book 16060, Page 70 on
November 22, 1999
IN WITNESS WHEREOF, I hereunto set my hand and seal on this —2L day of March,
2017.
�,AA,K,a !M. 4Y98 ((kz(
CHANEL M. DESJARD , as Trustee
of 2 CABOT STREET SALEM REALTY
TRUST, Under Declaration of Trust
dated October 12, 1999, and recorded at
the Essex County Registry of Deeds at
Book 16060, Page 70 on November 22,
1999
COUNTY STATE OF NEW MEXICO
I hereby certify that on this 23 day of MARCH, 2017, before me, the undersigned
notary public, personally appeared the above named CHANEL M. DESJARDINS, proved
to me through satisfactory evidence of identification, which was valid photo identification
to be the person whose name is signed on the preceding or attached document, and
acknowledged to me that she signed it voluntarily for its stated purpose as her free act and
deed.
Notary Public
OFFICIAL SEAL My Commission e ires: II ft:Z O20
LaRue `Psoodle
NOTARY PUBLIC
STATE OF NEW MEXICO
My Commission Expires: I Z 2O 3
Initials
M A >Q III U.S.POSTAGE>>PITNEYBOWES
CITY OF SALEM. MASSACHUSETTS ''
BOARD OF APPEAL ✓ 3 C)Cl 11:17
120 WASHINGTON STREET, 3RD FLOOR pr-t _#(') 1. ZIP 01970 $ 000.460
SALEM, MASSACHUSETTS 0197002 11Y
•. 0001392928OCT. 03. 2017.
Parcel ID:24-0211-0
E C E I l O D C GUUIL&MAINE RR
1 �a ORD TRANS
QC I ZU17 14 AVIATION AVENUE
li 1 - PORTSMOUTH NH 03A01
DEPT. OF PLANNING &
COMMUNITY DEVELOPMENT All:X1E Y,ylg DE 1 003-0/07/17
g
RETURN TO SENDER �.
NOT DEL.ZVE-R.A.SLE AS aAMDRESSHo
UNABLE TO FORWARD
_.
9314'120057520729 U,== SC' el.87e SZ3.%:-, * 2E22.- 3y26C.4._.g3_.41 �
01970>3523 a1 I as a4 4C t a as 6e6a91aI {ie9ai iat as vada Ee
i_�3.
... .. x �•
-_. $°
��
......_. �tlp�!�,,,�. 1.
__, s3'
?.,
5., i
....__. ����= 5
i
f '
°Rif CITY OF SALEM MASSACHUSETTS
::.
�.
WrIj
BOARD OF APPEAL
e_ ,,
G'` 12O WASHINGTON STREET* $(E,gh(,MASSACHUSETTS 07970
R?Q_Ey DRi TEE:978-619-5685 ♦ FAX:978-740-0404
Krra;eRi.er Dwscou.
MAYOR
City of Salem
Zoning Board of Appeals
Will hold-a-public-hearing for all persons interested in a petition of C14ANF-L DESJARDINS, TRUSTEE, 2
CABOT STREET REALTY TRUST seeking a special permit per Sec. 3.3.3 Non-conforming StructuIrs to allow
two (2) residential dwelling units and variances per Sec. 4.1.1 Table of Dimensional Requirements of the Salem
Zoning Ordinance, to allow less than the required lot area per dwelling unit and number of parking spaces
and a at 2 CABOT STREET (Map 34,Lot 79)(R-2 Zoning District).
Said hearing will be held on WED, Oct. 18, 2017 at 6:30 p.m., 3d floor, 120 WASHINGTON ST, ROOM
313.
Rebecca Curran, Chair
Board of Appeals
Salem News: October 4, 2017 and October 11, 2017
U.S.POSTAGE>>PITNEY BOWES
CITY OF SALEM, MASSACHUSETTSId
64A 3,-jgl
BOARD OF APPEAL Al� 111P
120 WASHINGTON STREET, 3RD FLOOR ZIP 0 1970 $ 000.460
SALEM, MASSACHUSETTS 01970 02 10
00013929280CT 03. 2017
Parcel ID:34-0052-0
SALEM RESIDENTI
C AL RENTAL
E I V D 48 SCHOOL STREET
SALEM, MA 01970
OCT 112017
DEPT OF PLANNING & 015 NFE 1 5161063.0/04/17
COMMUNITY DEVELOPMENT FORWARD TIME EXP RTNI TO SEND
: SALEM RESIDENTIAL RENTAL PROPERTIES I
ZZ HAWTHURNE sLvD
SALEM MA 01970-3731
RETURN TO SENDER
01970>3523 111111 1
:. .:
�_.-: �,
.._.
=; . _...
, � .
< ,
�, :�'_
,.
r
° °' `- CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
a
120 WASHINGTON STREET SALEM,MASSACHUSETTS 01970
MIN
KIMBERL , TELe:978-619-5685 • FAX;978-740-0404
EY DRISCOLL
MAYOR
City of Salem
Zoning Board of Appeals =.
Will hold-a-public_heating for all persons interested in a petition of.CHANF-L DESJARDINS, TRUSTEE, 2
CABOT STREET REALTY TRUST seeking a special permit per Sec. 3.3.3 Non-conforming Structures to allow
two (2) residential dwelling units and variances per Sec. 4./J Table of Dimensional Requirements of the Salem
Zoning Ordinance, to allow less than the required lot area per dwelling unit and number of parking spaces
and a at 2 CABOT STREET (Map 34,Lot 79)(R-2 Zoning District).
Said hearing will be held on WED, Oct. 18, 2017 at 6:30 p.m., 3`d floor, 120 WASHINGTON ST, ROOM
313.
Rebecca Curran, Chair
Board of Appeals
Salem News: October 4, 2017 and October 11, 2017
Parcel ID: 34-0104-802 Parcel ID:34-0105-0 Parcel ID: 34-0106-0
JOHNSON STEVEN M LAUSIER MICHAEL A DASILVA PEDRO
BUENAVENTURA RAMON 46 CEDAR STREET DASILVA CHRISTINA
2 CEDAR STREET COURT U2 SALEM, MA 01970 44 CEDAR STREET
SALEM, MA 01970 SALEM,MA 01970
Parcel ID: 34-0490-0
SALTER MOTORSPORTS,LLC
52 LITTLES POINT ROAD
SWAMPSCOTT, MA 01907
�a� e �'
�ONDIT
y4V �
, CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET♦ SALEM,MASSACHUSET'fS 01970
MMBEP,LEYDxiscoLL TELE:978-745-9595 ♦ FAx:978-740-9846
MAYOR
Notice of Decision
At a meeting of the City of Salem Zoning Board of Appeals held on Wednesday,November 15,2017 at 6:30
p.m. at 120 Washington St., Salem, MA, the Zoning Board of Appeals voted on the following item:
A public hearing for all persons interested in a petition of CHANEL DESJARDINS, TRUSTEE, 2 CABOT
STREET REALTY TRUST seeking a special permit per Sec. 3.3.3 Non-conforming Structures to allow two (2)
residential dwelling units and variances per Sec. 4.1.1 Table of Dimensional Requirements of the Salem Zoning
Ordinance, to allow less than the required lot area per dwelling unit and number of parking spaces at 2
CABOT STREET (Map 34,Lot 79)(R-2 Zoning District).
Decision:WITHDRAWN WITHOUT PREJUDICE
Filed with the City Clerk on November 29,2017
This notice is being sent in compliance with the Massachusetts General Laws, Chapter 40A, Sections 9 & 15 and does not require action
by the recipient.Appeals, if any, shall be made pursuant to Chapter 40A,Section 17, and shall be filed within 20 days,from the date which
the decision was filed with the City Clerk.
V
CITY OF SALEM
ASSESSOR'S CERTIFICATION OF ABUTTERS AND
"PARTIES IN INTEREST"
BOARD/COMMISSION: Board of Appeals
PROJECT SITE:
DATE:
DESCRIPTION OF REQUIREMENT:g
Parties in Interest:
❑ The applicant =
_ ❑ Abutters
❑ 9wners of land opposite any street or way
Abutters to abutters within 300 feet
❑ Planning boards of abutting cities and towns
This is to certify that the time of the last assessment for taxation made by the City of
Salem, the names and addresses of those listed on the attached sheets are "parties in .
interest" (as defined by Massachusetts General Law Chapter 40A, Section 11) to the
parcel(s) of land listed above as the project site.
Assessor's Signature: Date: 9
Number of initialed pages attached:
Once Certified, Return to:
Erin Schaeffer
Department of Planning and Community Development
I_ CO T ST NGT .. s 914
' 1
� N
l _ I:JPaoc.bnu.n
nw°�""SRN
�sa,aa:
..1
e.ma
EET
PORTERS R ®.ePw
m F Pd
r
i - ,
Q .•• N NN.q� �� A _ AbNtlna Town L=s
,w.J N aeon
Mf
eswa
=;siun
m
» .
F -
. p
VJ ei- 9 ti x ria =]63aa
m =3"Oft
_ �� Esoeon
a -.
' n O CEDAR STREET
L N f
m r�m
CYPRESS STREET
STREET
FAIRFIELD
I-- LYME SnT,REET D• I
W 1 .>-xi W _
r O
GARDNER i
c
nR"^ •nwm a .a.va GQRDNER STREETLj
P..+aeard:R.�n.amn me (.7
Peaadw.a.da,TM - q
R.a.160bid\IIC TRY.eM �
Rbredewm.11onaf Ne eala <
1
0 250 500 ft Printed on 09/27/2017 at 01:12 PM
Parcel ID: 34-0079-0 Parcel ID:24-0211-0 Parcel ID:34-0009-0
DESJARDINS LOUISE M BOSTON R MAINE RR CUNNINGHAM WILLIAM A III
2 CABOT ST C/O GUILFORD TRANS 1 LYME ST
SALEM, MA 01970 14 AVIATION AVENUE SALEM, MA 01970
PORTSMOUTH, NH 03801
Parcel ID: 34-0010-0 Parcel ID: 34-0034-0 Parcel ID:34-0035-0
NEKOROSKI PETER P GILLES RAYMOND LIVING JOINT REV TRUST OF PING
NEKOROSKI KAREN M ERIC POULIN LIVING TRUST YIP PING F/CONNELLY
5 LYME ST 596 AVE DE MERTON 15 FAIRFIELD ST
SALEM, MA 01970 ST-LAMBERT SALEM, MA 01970
QUEBEC, CAJ4P2X1 />
Parcel ID: 34-0051-0 Parcel ID: 34-0052-0 Parch D: 50 3-0
OBRIEN SHAWN M SALEM RESIDENTIAL RENTAL BRICK ICE A
OBRIEN PATRICIA A 48 SCHOOL STREET 35 AR EET U1
21 CEDAR STREET SALEM, MA 01970 jS LEM,MA 019
SALEM, MA 01970 -
Parcel ID:34-0053-801 - Parcel ID:34-0053-802 Parcel ID:34-0053-803
SISSON ALISA MUELLER DAVID C DELONG NANCY
SISSON NATHANAEL P - 35 CEDAR STREET U2 35 CEDAR STREET U3
35 CEDAR STREET U1 SALEM, MA 01970 SALEM, MA 01970
SALEM, MA 01970 - - -- -
Parcel ID: 34-0054-0 Parcel ID: 34-0055-0 Parcel ID: 34-0056-0
39-41 CEDAR STREET LLC EDWARD J. BURGE JR TRUST VAL TRUST 1
C/O GREATER BOSTON BURGE EDWARD J JR TR VAILLANCOURT RAYMOND A
P 0 BOX 327, DEPT 16 29 LINDEN STREET#2 14 FAIRFIELD STRRET
HOUSTON,TX 77001 SALEM, MA 01970 SALEM, MA 01970
Parcel ID:34-0057-0 Parcel ID: 34-0058-0 Parcel ID:34-0059-0
VAL TRUST 1 MARSHALL JUDITH B MACDONALD PATRICIA M
VAILLANCOURT RAYMOND A 12 FAIRFIELD ST 8 FAIRFIELD ST
14 FAIRFIELD STREET SALEM, MA 01970 SALEM, MA 01970
SALEM, MA 01970
Parcel ID:34-0063-0 Parcel ID:34-0064-0 Parcel ID:34-0065-0
PASQUARELLO JOHN F NEALON LAUREN MCINNES KRISTIN M
PASQUARELLO BEVERLY S WUSCHKE JANINE 5 CYPRESS ST
1 CYPRESS ST 3 CYPRESS ST SALEM, MA 01970
SALEM, MA 01970 SALEM, MA 01970
Parcel ID:34-0066-0 Parcel ID: 34-0067-0 Parcel ID: 34-0068-0
LARRU THOMAS M GAGNE DARCIE L DUDONNET-OLSEN DESIREE
LARRU AMY 9 CYPRESS ST 11 CYPRESS STREET
7 CYPRESS ST SALEM, MA 01970 SALEM, MA 01970
SALEM, MA 01970
Parcel ID:34-0069-0 Parcel ID: 34-0070-0 Parcel ID: 34-0071-0
SOUTHERN NEW ENGLAND SAMOGRAY ALEXANDER N GUY DIANE M
ASSO OF SEVENTH DAY MAKHKAMOVA RAKHILYA U 10 LYME ST
34 SAWYER STREET 14 LYME ST SALEM, MA 01970
SOUTH LANCASTER, MA 01561 SALEM, MA 01970
Parcel ID: 34-0072-0 Parcel ID: 34-0073-0 Parcel ID: 34-0074-0
JAWORSKI HENRY J BUSH BARBARA W BRADLEE TRUST II THE
ROSAMOND A 6 LYME ST BARNARD ROBERT W TR
8 LYME STREET SALEM, MA 01970 3675 AMBERLY CIR. UC301
SALEM, MA 01970 NAPLES, FL 34112
Parcel ID:34-0075-0 Parcel ID: 34-0076-0 Parcel ID:34-0077-0
FARIAS MICHAEL D BRADLEE TRUST II THE DARISSE RICHARD J
79 HIGHLAND AVE BARNARD ROBERT W TR 2 CYPRESS ST
FALL RIVER, MA 02720 3675 AMBERLY CIRCLE UC301 SALEM, MA 01970
NAPLES, FL 34112
Parcel ID:34-0078-0 Parcel ID: 34-0080-0 Parcel ID:34-0081-0
KIERAN JOHN E SANTOS THOMAS M THREE SONS REALTY TRUST
4 CABOT STREET SANTOS JANET T CATALDO RONALD J TR
SALEM, MA 01970-4855 51 CEDAR ST 27 MELCH ROAD
SALEM, MA 01970 LYNNFIELD, MA 01940
Parcel ID: 34-0082-0 Parcel ID: 34-0083-0 Parcel ID:34-0084-0
NEW ENGLAND POWER CO TEHAN JEFFREY SALEM CITY OF
ATT PROPERTY TAX DEPT TEHAN DONNA M
40 SYLVAN ROAD 50 CEDAR ST
WALTHAM, MA 02451 SALEM,-MA 01970
Parcel ID: 34-0085-0 Parcel ID:-34-0086-0 Parcel ID:34-0087-0
VINFEN CORP FIFTY-ONE CANAL STREET, JNCR 53 CANAL STREET LLC
950 CAMBRIDGE ST 101 WELLESLEY STREET 11 WHEELING AVENUE _
CAMBRIDGE, MA 02141-1001 WESTON, MA 02493 WOBURN, MA 01801
Parcel ID: 34-0088-0 Parcel ID:34-0089-0 Parcel ID:34-0090-0
CANAL STREET REALTY BOROWSKI MARK S FAKHRI BAKR
FRASER KEITH A TR BOROWSKI PAIGE A 6 CYPRESS ST
53 1/2 CANAL STREET 8 CYPRESS ST SALEM,MA 01970
SALEM, MA 01970 SALEM, MA 01970
Parcel ID:34-0091-0 Parcel ID:34-0092-0 Parcel ID:34-0093-0
SZCZUKA ANNE R CARNEIRO JACQUELINE A ST GEORGE PARISH REALTY
C/O ANDREA KILLAM 40 CEDAR ST MADDEN CLINTON D
40 BARTON ROAD SALEM, MA 01970 36 CEDAR ST
STOW, MA 01775 SALEM, MA 01970
Parcel ID:34-0094-0 Parcel ID: 34-0095-0 'Parcel ID: 34-0098-0
ROBINSON LOUIS W HIGGINS JOANNE R 12,14,&16 CHERRY ST
ROBINSON ALBERTINE 20 CEDAR ST CARNEVALE DAVID A TR
24 CEDAR ST SALEM, MA 01970 44 PRINCE ST
SALEM, MA 01970 BEVERLY, MA 01915
PEIrcel ID: 34-0103-0 Parcel ID: 34-0103-801 Parcel ID:34-0103-802
CIAS,U L,LO�RTR/CIASULLO CIASULLO RTY TR/CIASULLO CIASULLO RTY TR/CIASULLO
CIASULE CIASULLO CIASULLO
4 F�q, ENC - TREET 4 FLORENCE STREET 4 FLORENCE STREET
SALEM, MA 019 0 SALEM, MA 01970 SALEM,MA 01970
Parcel ID:34-0103-803 Parcel ID: 34-0103-804 Parcel ID: 34-0103-805
CIASULLO RTY TR/CIASULLO CIASULLO RTY TR/CIASULLO CIASULLO RTY TR/CIASULLO
CIASULLO CIASULLO CIASULLO
4 FLORENCE STREET 4 FLORENCE STREET 4 FLORENCE STREET
SALEM, MA 01970 SALEM, MA 01970 SALEM, MA 01970
Parcel ID: 34-0103-806 Parc1lq. 349,06-0 Parcel ID:34-0104-801
CIASULLO RTY TR/CIASULLO GARCIA ERADO J O'NEILL MATTHEW
CIASULLO 2 CEDA12 S ET COURT 139 KIMBALL ROAD
4 FLORENCE STREET SA�L£�v1, MA 01 YQ AMESBURY,MA 01913
SALEM, MA 01970