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6 CHAMPLAIN ROAD - ZBA 6 CHAMPLAIN ROAD - PHILIP SINGLETON \ 1 1 of �5ttlem, 'TassadjuBette DECISION ON THE PETITION OF PHILIP SINGLETON REQUESTING A VARIANCE-FOR THE PROPERTY LOCATED AT 6 CHAMPLAIN ROAD. (R-1)/(RC) A hearing on this petition was held November 13, 1996 with the following Board Members present: Gary Barrett, Chairman; Paul Valaskagis, Richard Dionne, Nina Cohen and Albert Hill. 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. Petitioner, owner of the property, is requesting a Variance from front yard setbacks for two lots to build two single family dwellings for the property located at 6 Champlain Road. The Variances which have been requested may be granted upon a finding by this Board that: 1. 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 involved. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioners. 3. 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. The following were in opposition due to concerns for Blasting requirements for foundations and Water Drainage after construction is completed. Larry Dennis, Anita Cote, Tony Cote, Jean Gallant and Rene Belanger. 2. This will allow petitioner a fuller use of the property. 3. Petitioner was represented by Attorney John R. Keilty. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant the variance requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statues, ordinances, codes and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. DECISION OF THE PETITION OF PHILIP SINGLETON REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 6 CHAMPLAIN ROAD, SALEM page two 3. All construction and blasting shall be done as per the plan and dimensions submitted and approved by the Zoning Enforcement Officer. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. A Certificate of occupancy is to be obtained. 6. Petitioner shall obtain proper street numbering for each property from the city assessor. 7. Petitioner shall obtain approval for building from the Conservation Commission prior to any construction. 8. Petitioner shall install sidewalks for the entire frontage of both properties. 9. Petitioner shall provide preblasting assessments for abutters within 300 feet including Roger Levoie of 29 Willson Street. 10 Petitioner shall obtain claim procedures from the state for blasting and notify abutters of contents. 11. Petitioner shall obtain blasting procedures from the state and deliver contents to abutters. 12. Petitioner shall convey property marked Parcel (Y) to Kling and Parcel (X) to Bernard. Plans dated October 3, 1996 and October 15, 1996. Variances Granted November 13, 1996 Albert C. Hill, Jr. Member, Board of Appeal DECISION OF THE PETITION OF PHILIP SINGLETON REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 6 CHAMPLAIN ROAD 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 certification of the City Clerk that 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 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. 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In the colonies the rare and costly fruit symbolized the spirit of hospitality and was sometimes carved over doorways or on newel posts or incorporated into the design of entrance gates for many of the large homes in the tidewater region of Virginia. OMCMLxxxvnl Colonial Williamsburg Foundation ®Identifies trademark of the Colonial Williamsburg Foundation Reg.U.S.Pat.Off, THE C.R.GIBSON COMPANY NORWAI.K,CONNECTICUT 06856 CM2 PRINTED IN THE U.S.A. L r- x.11 rz S' QHS 0—L) Q�0v , l) o1J2e (Ze� L) ePY- l�d�L2 /-(�y� J2dUNl� .I �tl � Nc CL)o01--> s , W � ��� 2� i2oA ;u�c 0� �0zhPC, c � eCo �"o ( v �'�� �ou��n� D� . 1 U J �� 21Jya OU (L � OeLF,0I\I ( O`�2 i�l70d�[ y Old SI4A6ul y ©� 0'�m srrL I //&L DoneAL) ,e- Fon "(I- yo,) �e-a Lf ` SD0 4'e l2 �(+ .�w✓Vaw4f pct � v, x996 Za OILa7 � ap < E� C P .c/F} A' . cwY.;u. yO CPd � Vu.l�-n �t .kka �a nel�k.�+ a �+ •Y � a A _ a ter "ce�aA � e • rr 20 SAINT ANNE'S /8 43�00 / PARK 24 , 26 P8 =13Loo L =l6aoo /8 i a / 3o L E G E N D 20 AREA L =l3/.00 / CNp RESOURCE BOUNDARY � o -� 2 o SMH EXISTING SEWER MANHOLE RG S PINPGE -- - O 6 --- o D CMH EXISTING CATCH BASEXISTING DRAIN IN LE / TING oR / /63 j / / 34 o" HYD EXISTING HYDRANT �_ Is \ �9 o' WIOE sEMENt /xls / / / 36 � WG _ EXISTING WATER GALE �s11NG 3 .rRot EP /// _ ---- %/ — 10000. 0 EXISTING CONTOUR / E CON / / / 100.00 EXISTING SPOT, GRADE \� F�000 -o- UTILITY POLE RETAINING WALL ARMAN0 & STONE WALL G pISTRI � z BELANGER CURB S IN —x —x — FENCE P-p86 • _ Y _ �`/ 6 WETLAND RESOURCE AREA BOUNDARY FLAG A Opp — _ \ / -- WETLAND RESOURCE AREA BOUNDARY % / �� �� �S5 a=e_s_w=s= ROCK OUTCROP 9 100 PROPOSED CONTOUR PROPOSED SPOT GRADE 000cocoo PROPOSED EROSION CONTROL LOT A 10 18 CHEEVER �gROI 100 FOOT BU ZONE LIMIT \ -- — / I —i PROPOSED f 20 / Z 13.00 / 3 40 22— / / 40 3 / \ \ EXISTINGQ / ` 44 ! / 1 � 60.00 SHED F 50 \ \ � ` \ 46 48 /I�6 1 \ 38 46 48 4 I 1 24� 44 40 SFl %/ - -- - -- - - -- - - �- ="`�� �� � �--/ /l / � GENERAL NOTES P POSED WELLING 48 FFF=54 / l I 1) THIS PLAN IS THE RESULT OF AN ON THE GROUND FIELD r FCF=46.5 / / / ' SURVEY AND PUBLIC AND PRIVATE- PLANS 2) U77LI77ES SHOWN ARE BASED UPON F7ELD SURVEY AND 28� I I L-0 T B RECORD PLANS AND ARE NOT NECESSARILY INDICA 77VE OF UNDERGROUND COAID177ONS. EXISTING DWELLING I 32 930 S l No. 2s `I / so ,;,,,, 3) THE CONTRACTOR SHALL BE RESPONSIBLE FOR VERIFYING AND W DETERMINING THE LOCA77ON, SIZE AND ELEVA77ON OF ALL EMS77NG U77U77ES, SHOWN OR NOT SHOWN ON THESE PLAN J PRIOR TO ANY CONSTRUC770N. THE ENGINEER SHALL BE No77F7ED 1= /30 �/ / I ' o F�F�� O / / / O lsTiNG IN KRI77NG OF ANY U77U77ES FOUND IN7ERFERING Wl7H THE PROPOSED CONS7RUC77ON AND APPROPRIATE REMEDIAL AC77ON / / DWELLING STONE RUBBLE / / BEFORE PROCEEDING N9TH THE WORK. - - - - -- \10 WALL �� h o / 4) THIS PLAN IS BASED ON THE REFERENCED PLANS, DEEDS 66 // AND THE RESULTS OF A FIELD SURVEY AS OF THIS DATE �� I I I I NO CER77F7CA77ON IS INTENDED AS TO PROPERTY 777LE CH A M P LA I N $ 48.60 OR AS TO THE EXISTENCE OF UNPIRIT7EN OR UNRECORDED � i I , , r,_ EASEMENTS ROAD / ' l f I i � ` _ o° �` _ 5)� WETLAND RESOURCE AREA BOUNDARY DELINEATION BY SOMMER ENVRONMENTALTECHNOLOGIES, INC. osED EXIsIIn9O DR/ S.M.H. Parcel q Rim=44.39 36 34 _ O Inv-34.93 70/7 998= -4 42 W HAMPLAI 44I 48 loi7 N / 202.34 -- —�___ / - -� ROAD ,48 r / 1 -J WG PLAN OF LAND 38 I GARAGE rn 42 - - - - - 1 EXISTING DWELLING - r n - - -- EXISTING LOCATED IN No.22 1J, D HYD DWELLING T SALEM L@VASSEVR EXISTING Existing • No. 10 MASS . � c 40 , DWELLING S.M.H. I V I A S J No.17 � � Rim=39.41 W � , BERNARD Inv=31.49 PREPARED BY P1 C EASTERN LAND SURVEY ASSOCIATES, INC. CHRISTOPHER R. MELLO, PLS a�CNRISTOPHER104 LOWELL ST. PEABODY, MA. 01960 \ F - ME�LO j), NEf t (508) 531 -8121 SCALE: 1 = 20OCT. 39 1996 PREPARED FOR NANCY S N I GLETON PHOTO REPRODUCTION OF THE ABOVE SEAL IS 7 INDICATIVE OF UNAUTHORIZED REPRODUCTION OF THIS PLAN AND IS TO BE CONSIDERED A COPYRIGHT INFRINGEMENT AND/OR FRAUD. EN- FORCEMENT AUTHORITY SHALL NOT ACCEPT PHOTO REPRODUCTION FOR ANY PURPOSE, REVISED OCTOBER 15,1996 IF 10594 bj1 ZONING EVALUATION ZONING DISTRICT : R - 1 I ITEM REQUIRED PROPOSED CITY OF SALEM LOT A LOT B N� SAINT A N N E S' PARK LOT AREA 15,000 SF 31230 SF 32930 SF s�sao 54� R_440.00 / R=3304.84 FRONTAGE 100 FT 32.00 FT* 68.26 FT* -031 i� d =0255480 �� * DENOTES VARIANCE REQUESTED stn—wuEuw �c131.00 �� j51jS GOSTsOL L X69.00 DO' 'd =276'16` ELOOS FMFNt_ � 0) 63' L=131.00 --PARCEL Z .p /S�Ok 5? 65 *E 98 3� MNE ARMAND & �s e .05 9 , ARGU i (see 2 ERITE- M. LOCUS PLAN ,;, 19,394 SF, 52� 9 91 R-c .� BELANGER LOUISE 21 0. re Z' Y o° ,� SEE PLAN RECORD BELFIORE 112.5PROXIM BO ED /N & ANDREW \� ApISTRICt OTA .� ^ OK 2334 PAGE 127 PARCEL X /S TO BE COMBINED KING N0571'37"W '- 00 31,231 S.F. WITH LAND OF MARK . BERNARD 13. Z WA YNE L. & APPROVAL UNDER THE SUBDIVISION { TO FORM ONE LOT ���1 MAREEDAN iy 60.00' CHEEWER CONTROL LAW NOT REQUIRED PARCEL Y IS TO BE COMBINED NRE SHED - = S03.42'21"W SALEM PLANNING BOARD WITH LAND OF BELFIO & KING LOT B TO FORM ONE LOTp =W 3Z 930 S.F. N O h o o SN =4, W ^, PARCEL Z IS TO BE COMBINED m e C4 SO' n N WITH LAND OF THE CITY OF SALEM J h r .^�� f-, Z V O W TO FORM ONE LOT / = m W W --tu j Q rn Q Z J a•80. v 2u� �► '��'6 J N W W O g � CHAMPLAIN '%p 48.60' W o ROAD �� r Q 0 1 �� ° S035427`W DATE 0 - 0 31.00 70.17• �' � 5j436 o ��'�°� CHAMPLAIN N 202.34' S035427`W101.17' o ROAD Z PARCEL X Z. 1 ROBERT ✓. 998 SF, 132 NO TES, rn & DORIS M. w Le VASSEUR MARK. i►/ cV.T PLAN REFERENCE : BOOK 2334 PAGE 127 (rl m BERNARD m SUBDIVISION DEED REFERENCE : BOOK 13640 PAGE 419frl SEE PLAM PLAN OF LAND N ASSESSORS MAP 23 LOT 524 BOOK N REEND ED IN __4 LOCATED IN Pi = SALEM , MASS . rn c PREPARED BY FOR REGISTRY USE ONLY I HEREBY CERTIFY THIS PLAN CONFORMS 7CJ EASTERN LAND SURVEY ASSOCIATES, INC. TO THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS OF THE COMMON- _ CHRISTOPHER R. MELLO, PLS WEALTH OF MASSACHUSETTS. 104 LOWELL ST. PEABODY, MA. 01960 � cNai�roPeEs J k1FI.0 N (508) 531 -8121 No.31317�0 i f 1,TS SCALE 1 ' = 40 OCTOBER 15, 1996 SU -� PREPARED FOR CHAMPLAIN REALTY TRUST MIS PLAN IS BASED ON THE REFERENCED PLANS, DEEDS "" { AND THE RESULTS OF A FIELD SURVEY AS OF THIS DATE 0 20 4o so i2o iso U NO CERTIFICATION IS INTENDED AS TO PROPERTY TITLE OR AS TO 774E EXISTENCE OF UNWRITTEN OR UNRECORDED EASEMENTS 10594