Loading...
13 CHERRY HILL AVENUE - ZBA (2) l 3 C �c� tai�1 Aw -e r Zoning Board Proiect Status Sheet Address & Applicant: Date Submitted to BOA: ❑ Clerk Stamp: Variances Only - Constructive Approval Date: (loo days from filing) ❑ Abutters List Requested: ❑ Abutters Notice Sent: ❑ Notice to Abutting Cities & Towns, Councillors: ❑ Legal Noticeosted at City ty Hall: (14 days before meeting) ❑ Legal Notice Emailed & Confirmed: ❑ Legal Notice Posted on Web: ❑ Agenda to Applicant: Applicant's email address or fax number to send agenda: Opened at Meeting: -- Continued Meetings: Closed at Meeting: Extension Form(s) Signed & Clerk Stamped? Dec><s ( (D W Y heQ�V,kY Decision Filed: Appeal Period Over: after decision filed) (21"day ❑ Decision Sent to Applicant: ❑ Notice of Decision Sent to abutters, cities and towns, councillors: 20 HAY 19 AH`9:2b' CITY CLERK SALEM, MASS May 10, 2017 Rebecca Curran, Chair City of Salem Zoning Board of Appeal 120 Washington Street, 3rd Floor Salem, Massachusetts 01970 Re: 13 Cherry Hill Avenue Dear Chair Curran: I hereby request permission to withdraw the Petition for Variance filed with the Board on April 25, 2017 in connection with the above referenced property. Very �truly yours, Michael Munroe 8 Beachmont Road Salem, MA 01970 My OF SALEM, MASSACHUSETTS BOARD OF APPEALS fl \ PETITION FORM CITY OF SALEM ASSACHUSETTS. . . all �_�, BOAM OF APPEALS 2017 APR 25 AM 1l s 06 a ^% 120 WASHINGTON STREET,3RD FLOOR SALEM MASSACHUSETTS 01970 ITY CLERK Thomas St.Pierre,Director of Inspection]Services ASS Phone:978-619-5641 /Fax:978-740-9846 KimBERLEY DRiscoLL Erin Schaeffer,Staff Planner MAYOR Phone:978-619-5685/Fax:978-740-0404 - TO THE BOARD OF APPEALS: n The Undersigned represent that he/she is/are the owners of a certain parcel of land located at:,6Fa r Op Address: I -'- CKRrrd HN Avlerw2. Zoning District: I MU�irYOF NNi1, An application is being submitted to the Board of Appeal for the following reason(s):This statement mustUp 1 Fn r describe what you propose to build,the dimensions,the zone property is in,and the zoning requirements.(Example: 1 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 ofmy rear yard is 32 feet;the proposed addition would reduce the depth of the rear yard to 22 feet) y 1 41/P LI Ke +oQIGi Nd rV7rJ rOJ41 T ✓ acn 'tx {-I'he a��✓ iLd VAY dNaO r, ha,S exor�, G/y r•✓e revues-�za7a i/ariu:nrts and ✓ �ec-I-cn tiy l�i,,utlri�,a�+E'eouirtvxsrt7<S o-F / j 7 � tie Sa{w•t �ns4,NU ovd; cln,a +a alit r H4 CeyaTe•1 op -fw, /0-k eac b r,mal/W *an fAe reg /�V ( 441,1 jk+JI 1 lot",Kf4 of tr OW Lq a tnd W;*H1 A� -9y..1fit '--quired Ml lm'on 1011<'ro..rfcyE. 0 lot).-P40+_ 6•rtd 1.4 "ec r✓LI) M/NImmm l0T width cl %Od YPi't" 'rd✓ �P .02542 fvcal-ed Mf- 13 0'1kz✓rf Kill Avenue 27 >?oNIN' 17uf iC1) For this reason I am requesting: (V Variance(s)from provisions of Section 7, O of the Zoning Ordinance,specifically from • / t lOd a✓¢q r ,'� fro, 4 ar(� chin �✓,d th (i.e. minimum depth of rear yard). What is allowed is Ir000 y /ct 0 40- 4-a-j f j 100 :vrdlt7 (ft?sq ft?stories? %?), and what I am proposing is Loft A; i/�103 7�--P,,1- 7N,ZG 10df ?s9 ?stories?%?). "4--9 ° t1, Htb 7r4iron'1- -75iewid-hl ( )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: a-:h / act d Are Lot Dimensions Included?(v�/Yes ( )No Why? (Example. Two Family Home) 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 PETITION FORM The following written statement has been submitted with this application: (i,Y/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. O 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. ( ) 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. If different from petitioner. Petitioner: Mi etre_/ MK„ioe- Property Owner: Pc%+ W oeDu us Address: 9- B¢ac h r�o,44- /U. Sa 11A Address: r"( She,"wood AV2- t Peak d t Mr4 Telephone: 97,� -k 3-5303 Telephone: q7,? -532- lf&k Email: w t%e PrhtAcQ 'v"M✓ye , c-OM Email: Signature: Signature: (Attached consent letter is also acceptable) Date: 0 L//—Z Ek20 17 Date: If different from petitioner: Representative: A TRUE Address: ATTEST Telephone: Signature: Date: CITY CLERK DATE DPCD DATE This original application must be filed with the City Clerk Peter Hantzopoulos 4 Sherwood Ave Peabody, MA 01960 To whom it may conern: 1,Peter Hantzopoulos,owner/seller of 13 and 13-A Cherry Hill Avenue in Salem;MA give;the right to the buyer to pursue new building plans and permits for the III previously expired plans and permits of both 13 and 13-A Cherry Hill Avenue through the City of Salem. i' I i I `i X Peter Hantzopoulos,Owner N F (I % 5�HULT2 N[f S&FO>' NA%EPKOWSIII N]F % Y ' OS'E '.MEBERI 6, 9 a - 59 O7•S.E P.4 � AIX ROlife''af,00 d/AY 4e fVJ ly7AP VARIANCE TABLE DIMENSIONAL ZONIR0 REQUIRED LOMiOA P50 PO'SED ORDINANCE O7ENSION REQUIREMENTS •_LDL_ARE I5g00 S 11 613 SF MIMEO AOE 100 75.00 75.00 Yn LOT B E� IN WIDTH 100' 74.30. 75.7.5 LOT A - ..-_ 11.a15 5F. N/F 11,413 SF. LAB LAR NECOUE U DOUL05 R�FFRFNC.FN ADORCRW 01 CHEERY-NNL AVE - SALEM,MA.01970 _ A95ESSORlS MAP it LOT 229 : LOtyM'IOTx, 79y75 �- DEED BOOK 4071 M.347 L PLN (FD; �' PRO 80" 4971 P0.3" >q > - IAT_W1010 Tb10 ..f .�� I. PIN 0 I. %x(e'0:) . DEED BOOK 10089 PO.541 >p Dap -- 9E SLf 50.00 - PUN BOON 41 PLAN AS D 1500 15 W _ IS 594'33'507°W PLAN BOOK M PLAN 90 ?4 95.00 59A'33'SLW NYN O3'W T ( 5svj�5A'W GRAPHIC '.SCAM MIN. LOT AREA 15,000 30 rt. I PI et)TD CHERRY HILL AVE. .--, p MINIMUM FRONIAOE 100' BE 5 0 .e ro d m MIN. SCTBACKS S 10�' _ A p.RJR) -R IS' PLAT WIES: _. .. #13 ONp4RY HILL AVE.. IS HEBEHY SUBDIVIDED BRO 2 LOIS " LOT A 11,413 SX, AND LOT B 11,419 3F. (A SUNdND LOT) APPROVAL UNDER SUBDIVISION SUBDIVISION .PLAN O LAND RECORD OWNER B SUBDN®EN e.PETER h CHRIBOu1A TLA NZOPOOL04 CONTROL LAW NOT REOUIRE6 TRUSTEES FOR THE HANROPWLOS IRREVOCABLE FNALLT TRUST 'Fo�^ .. 4 SKURyp00 AVE PEABODY Mk CITY OF SALEM....:. J, %"� PLANjN17 BOAPI;TER HA'NTZ01'OULOS' I xEKBY C60.RFY THIS PLAN CONFOIdS M THE flVLL3 AND REGULATIONS Y "' OF THE REOISTRF OF BUDS —' 1, ,._.� RR pay HILL �! 1 HEREBY CERTIFY THIS PLAN AND SURVEY WEAL PREPARED IN ACCORDANCE 1.�3 ��H�, R{ HILL A VA MTN THE PROCEOURAL AND TECHNICAL STANDARDS IN THE PRACTICE �+ OF LAND SURVEWNO IN THE Ct1wwOMRFALiH OF MASSACHUSETEs 5'A7.2+.M, MA THIS PLAN IS A "FORM A" KDIWSION OF ASK830P'S MAP 14 LOT 225 RECORDED IN S,,W,RN-EMU COUNTY REOISTBY OF DEEDS BE, ART'M. 357 �,- - land BR..... P C L-,U ASSOCIATES 3}me eDRIR eFH - �,y� •ND1F [NWR5EMENi be n45 PIH+DOES Nm ^:Y' 3 NO TON 5T SALEM MA 01970 (978)744-0748 (97$)7'51 1095 4EIM/ y IMPLY ME PLN1 CORPDLS MT N IH M IN a, �_ ._._ .... . ._ 5 W_LAWS OF tHE 111WM OF SAfu 4p A,OKFFu .. 'AN R D'ENTREMONT P.L,S. - SNEEf N0. tOfl Witt 1/30/2011 IDR Na. 419 'REO. "NO SURVEYOR AA� '.DRAWN BY:T.F.S. J�y f Statement of Hardship The single lot now in existence was created from the merging of 3 separate lots. The three lots were recorded on a plot plan drawn in October 1925 by Thomas A. Appleton, C.E. The three lots were conveyed to Peter Hantzopoulos and his wife in August 1962. In 2013, Mr. Hantzopoulos conveyed the land to himself and his wife as Trustees of the Hantzopoulos Irrevocable Trust. In this 2013 conveyance, the land was still described in reference to the three lots as drawn in the 1925 plot plan. In 1965 the City of Salem adopted a Zoning Ordinance, which zoned the three lots as R1. The three lots were undersized according to the requirements of the R1 zone, and as the three lots were under common ownership they were, after two years lapsed, merged into one lot of 22,829 square feet, 150 feet of frontage, and 150.06 feet in width. These dimensions exceed the requirements of the RI zoning district for a minimum area of 15,000 square feet, minimum frontage of 100 feet, and minimum width of 100 feet. Peter Hantzopoulos was unaware of the merging of the three lots under his ownership. The reduction of the three lots to one lot imposes an economic hardship on Peter Hantzopoulos. The existing large single lot is out of character with the neighborhood, which is largely comprised of smaller lots with smaller residences. The three lots were regularly-shaped lots, lined up side-by-side along the frontage on Cherry Hill Avenue. Peter Hantzopoulos is not seeking to recreate the original three lots, but rather to divide the one lot into two lots. The requested Variances would allow the creation of two lots, each smaller than the required minimum lot area of 15,000 square feet, and with less than the required minimum lot frontage of 100 feet and the required minimum lot width of 100 feet. Proposed Lot A would have a lot area of 11,413 square feet, 75.0 feet of frontage, and a lot width of 74.26 feet. Proposed Lot B would have a lot area of 11,416 square feet, 75.0 feet of frontage, and a lot width of 75.8 feet. r 1 -Wr CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL. 126 WASHINGTON STREET♦SALEM,IL,SSACHUSET1S 0ION JAN 29 P 12. 45 YiNimtLEY DRIscOLL I'F=:978-7459595• F.Ax:978-740-9846 MAYOR FILE #. CITY CLERK, SALEK I-1ASS. January 29,2014 Decision City of Salem Board of Appeals Petition of PETER HANf'ZOPOULOS requesting Variances under Section 4.0 Dimeusionw Requirements of the Salem Zoning Ordinance to allow the creation of two lots,each smaller than the required minimum lot area of 15,000 square feet, and with less than the requited minimum lot frontage of 100 feet and the required minimum lot width of 100 feet,for the prop"located at 13 CHERRY HILL AVENUE (RI Zoning District). A public hearing on the above Petition was opened on December 18,2013 pursuant to M.G.L Ch.40A, § 11. The hearing was closed on January 15, 2014 with the following Salem Board of Appeals members present Ms. Curran (Chair),Ms. Harris (Vice Chair),Mr. Dionne,Mr. Duffy,Mr.Watkins,and Mr.Tsitsmos. The Petitioner seeks Variances from Section 4.0 Dinex4onal Requifemestt of the Salem Zoning Ordinance. Statements of fact 1. In the petition date-stamped September 25, 2013, the Petitioner requested Variances to allow the creation of two lots from one existing lot 2. Attorney John Keilty presented the petition for the property at 13 Cherry Hill Avenue. 3. The requested Variances would allow the creation of two lots, each smaller than the required minimum lot area of 15,000 square feet, and with less than the required minimum lot frontage of 100 feet and the requited minimum lot width of 100 feet. Proposed Lot A would have a lot area of 11,413 square feet, 75.0 feet of frontage,and a lot width of 74.26 feet. Proposed I of B would have a lot area of 11,416 square feet, 75.0 feet of frontage,and a lot width of 75.8 feet 4. The single lot now in existence was created from the merging of 3 separate lots. The three lots were recorded on a plot plan drawn in October 1925 by Thomas A. Appleton, C.E. The three lots were . conveyed to Peter Hantzopoulos and his wife in August 1962. In 2013, Mr. Hantzopoulos conveyed the land to himself and his wife as Trustees of the Hantzopoulos Irrevocable Trust In this 2013 conveyance,the land was still described in reference to the three lots as drawn in the 1925 plot plan. 5. In 1965 the City of Salem adopted a Zoning Ordinance,which zoned the three lots as Rl. The three lots were undersized according to the requirements of the R1 zone, and as the three lots were under common ownership they were,after two years lapsed, merged into one lot of 22,829 square feet, 150 feet of frontage, and 150.06 feet in width. These dimensions exceed the requirements of the Rl zoning district for a minimum area of 15,000 square feed minimum frontage of 100 feet, and $ minimum width of 100 feet. 6. The applicants were unaware of the merging of the three lots under their ownership. The reduction of the three lots to one lot imposes an economic hardship on the applicants. 7. The three lots ,were regularly-shaped lots, lined up side-by-side along the frontage on Cherry Bill Avenue. City of Salem Board of Appeals January 29,2014 Project: 13 Cherry Hill Avenue Page 2 of 2 8. The petitioners are not seeking to recreate the original three lots,but rather to divide the one lot into two lots. 9. The existing large single lot is out of character with the neighborhood,which is largely comprised of smaller lots with smaller residences. 10. At the public hearing,no members of the public spoke in favor of, or in opposition to,the petition. The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the petition, including the application narrative and plans, the Petitioner's presentation and public testimony, and a memorandum submitted to the Board at the hearing, makes the following findings that the proposed project meets the provisions of the City of Salem Zoning Ordinance: Findings; 1. The three original lots were regularly-shaped lots, and were lined up side-by-side along Cherry Hill Avenue. This creates a unique condition in which a literal enforcement of the Dimewional Requiremeatr j under the City of Salem's Zoning Ordinance, specifically the required minimum lot area of 15,000 square feet, the required minimum lot frontage of 100 feet, and the required minimum lot width of 100 feet,would be a substantial hardship to the appellant. 2. The desired relief may be granted without substantial detriment to the public good. 3. The desired relief may be granted without nullifying or substantially derogating from the intent or purpose of the City of Salem Zoning Ordinance. The development of the land as two smaller lots would be more consistent with the character of the neighborhood than the development of the one large lot The existing single lot was created from the merging of three lots, but the applicant seeks only to divide the existing lot into two lots. On the basis of the above statements of facts and findings,the Salem Board of Appeals voted five (5) in favor (Ms. Curran—Chair,Mr.Watkins,Mr. Dionne,Ms.Hatris, and Mr. Duffy),none (0) opposed, to approve the Variances from: the required minimum lot area of 15,000 square feet to allow the creation of Lot A at 11,413 square feet and Lot B at 11,416 square feet; the required minimum lot frontage of 100 feet to allow a lot frontage of 75.0 feet at Lot A and 75.0 feet at Lot B; the required minimum lot width of 100 feet to allow a lot width of 74.26 feet at Lot A and 75.8 feet at Lot B; subject to the following terms, conditions, and safeguards: 3 r L The Petitioner shall comply with all city and state statutes,ordinances, codes and regulations. 2. Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall display said number so as to be visible from the street 3. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but $ not limited to,the Planning Board. Rebecca Curran, Chau Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED V/rrH THE, PLANNING BO.-kRD AND THE CITY CLERK, Appea f m thii deacon,if any,4hall be made ptruant to Sation 17 of the Marrarhwous Genera!Lams Chapter 40.4, and rbalJ befiled arthro 20 •:- days of fi4ag of thin dextran in lbe of�ix of the ODI Ckrk Pw=nt to the Marratbufeas Gennall.nmt Chapter 40A,Sedian 11, efi d=thin 0 SpeaaiPermitgrankd herein shall not take effect antrl a ropy of the decision bearing the articak of the City Ckrk has been filed wtb the Esrey South Registry ojDeedr. CITY OF SALEM, MASSACHUSEITS BOARD OF APPEALS PETITION FORM ��./ CITY OF SALENIXASSACHUSETTS ` '' ' BOARD OF APPEALSAl �pj APR 2S AM iii 06 a � 120 WASHINGTON STREET,3RD FLOOR \ j AJ SALEM,MASSACHUSETTS 01970 CITY CLG{ZK'.. Thomas St.Pierre,Director of Inspectional Services'�r SALEMMASS Phone:978-619-5641 /Fax:978-740-9846 7 KimBERLEY DRlscou. Erin Schaeffer,Staff Planner MAYOR Phone: 978-619-5685 /Fax:978-740-0404 r,. TO THE BOARD OF APPEALS: COOFp � '�S The Undersigned represent that he/she is/are the owners of a certain parcel of land located at:'NiTy nl Address: Chem-,{ H,1/ Avi,"4e, Zoning District: g I An application is being submitted to the Board of Appeal for the following reason(s):This statement must r 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 feel, the proposed addition would reduce the depth of the rear yard to 22 feet.) iatP are. "PQIGy, prow[ err uvt g!n f,!J�otpp✓2v ✓ Y uocl 7--haf hac P.+�"Ol 1✓P. pWe fBa✓eSF7W] Vm-icNUS d ✓ �Pc'1""a1 yN Qi�1Mr,fkiN.' �eOGIIYdKtlNsfS pT I I t� / 44't Sa�to+1 �'nst� 0�d;Ha vte� +3 allr a flee a epa'bi-n op f u' 10*0 COCA tl.�tal/c✓' *a. LAee renl4kc eNi�r�w,N o! /efar?Q nF 'T'OCO s Pit tQHA :tn'1h IF tS *an '1�/�. rey Mired AliKnwws'l loi tro-�{tr4P yr l0� �ae-1' -w,1 -r14 regLAIii i Al ivil'`nom /04- • id ih 01 awi� ` l 4,- i4le p!zo fvcakd a'f13 C�t?tivy He If Ave.4,N ( cl Zo.niq DufjLf) For this reason I am requesting: (t.)Variance(s)from provisions of Section 1, 0 of the Zoning Ordinance,specifically from ,h 1 of av¢q n,'� kra.. aa 711 rn,'h P i (i.e. minimum depth of rear yard). What is allowed is /t c10C1 , /00 400 4-,[-%(i ,Or9 widfi l (ft?sq ft?stories? W), and what I am proposing is i o-1 4, ttt y13 7s-A+.-a+ 74,76 Wid*fi?sq jt?stories? %?). 1/sfi3 ,/, till, 7r 4v,-1- -tsg, wid-kl ( )A Special Permit under Section of the Zoning Ordinance in order to ( )Appeal of the Decision of the Building Inspector(described below): ( )Comprehensive Permit for construction of low or moderate income housing(describe below): Current Property Use: < u K d Are Lot Dimensions Included? (4/Yes ( )No Wh}n (Example. o d, Home) 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 PETITION FORM The following written statement has been submitted with this application: ( /For 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. ( ) 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. Cb.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. If different from peddoner: Petitioner: Michael MNni,e- Property Owner: Pe.'LW Nast =oj�oct/us Address: 2d: Sa11.4 Address: `'I StiVwood .4Ve- t Peahod4, Mt? Telephone: 47$ —B'r 3-53&3. Telephone: 870, "532— IQ(?,' Email: �t-%e Prh14c4 mKHrpe , C"9M Email: Signature: �� Q�/yJ -� Signature: Date: © -//Z 17 Z 20 17 Date: (Attached consent letter is also acceptable) If different from petitioner. Representative: A TRUE Address: ATTEST Telephone: Signature: Date: CITY CLERK DATE DPCD DATE This original application must be filed with the City Clerk Peter Hantzopoulos 4 Sherwood Ave 1. Peabody, MA 01960 a s is 3'. To whom it:may conernc 1, Peter Hantzopoulos,owner/seller of 13 and 13-A Cherry Hill Avenue in Salem,MA - give the right to the buyer to pursue new building plans and permits for the previously expired plans and permits of both 13 and 13-A Cherry Hill Avenue through the City of Salem. I' I� I I I 1 C Peter Hantzopoulos,Owner N/F ^ t SCH6li2 N/F - V NM'IERKOWSKI \ Cu SBT077'S'E N//F� 68.79 ZEN, .37 VARIANCE TABLE DIMENSIONAL DINING PROPOSE OfIEN IN REQUIREMENTS ROINANC I N I OLIENSI _ SQUIRED LOT A L-- B 'o w s WI ^$! .._LDLBR 15;000 S i 1,113 SF 11,416,_SF MIND RONTAGE TOD 75.00 75.00 $ MIN WIDTN 100' 74.30 75.75 - LOT A - LOT B 11,413 5F: 11.416 5F. NF LABRECOUE N/f UECOULDS RFFFRFN. 0 AODRERSt 13 CHERRY-HILL An EAEM AOI ASSESSOR"S NAP 14 LOT 229 _LOT WJOIN DEED BOOK 4871 M.30707 1. PIN (PD.) DEED ROOK 48)1 PR384 B�>s t> Ui WIDTH 14.30 -_� I. PIN 0 I. VRI jfb:i DEED BOOK 16099 PO.541 7•a,. _} -' _ DE SL i 50.00 PUN ROOK 11. PIAN 0 3..1 N - 15.00 IS 40 7500 584'33 SAW PUN ROOK 157 PLAN 90 4Q4 )5.00 504'5354 W N7,Y OS`W' WING - see3S5A'W: GRAPHIC .SCALP: — I. PIN TO AVE. MIN.. LOT AREA 15000 SO rt. RE SFTS CHERRY HILL MINIMUM FRONTAGE t00' _ ....... MIN, 'S 10' _ I p.LYQf) SCI8ACK5 .R 13' _ 1 liwn'4 W 6 PLAN NOTES: - /13 CHERRY HILL AVE.. IS HEREOF SUBDNIDED INTO 2 LOIS LOT A 11,413 S.F. AND LOT B 11,416 IF. (A BUILDING LOT) APPROVAL UNDERh SUBOIVISION �)U RDIVISION PLAN of LAND D RECORD OWNER 6:SUBDA DER 1 PETER R CHIDSOLRA NAFR[OPOUI.O9 CONTROL LAW NOT REOUIREO TRUSTEES FOR THE IMNROPOlR05 RINDIDOMFIR FAMILT TRUST :. or 4 9HER AGOD AVE P6A000Y MA. CIT' OF SALEM .7 I HERE"CERBFY THIS PLAN CANFORN3 To THE 1KliES ANO R[ODUAOM9 A� AIRO PETE.R HANTZOFOULOb Of THE REGISTRY Of MEN / / F�y+E3 ry{/t ,r ) ,I L1 HEREBY CERTRY THIS fLAT AND SURVET'WERE PREPARED IN ACCOROANCE 13 C�•/�J:Ji RR( J1ILL AVEIIATH THE PROCEDURAL AID TECHNICAL STANDARDSTHE IftOF LAND sORVEYDIO IN THE Comm"ALn1aF.MASSACHUSETF --"" SALEM, MA THIS PLAN IS A 'FOlHIA' REOWISION OF A%ERSOR'S MAP 14 LOT 228RECORDEDIN 90UFIIERN"SSSS%'DOUNIY RODWRT OF MVD5 BK, 1971:P0. 357 Lm15 sGlw4r IB C.L.G. ASSOCIATES Pidd HOLO'. 3 BOSTON ST, SALEM. MA 01570 (978)/44-0748 (978)353 1095 -141 ENDORSEMENT OF FIRM PLAN OMS NOT 'M IMPLY THE PUN COMPUFS WITH 1HE 2UNING _ .. -- .. ..�... OT-LAWS Of RIF MAN Or SAA'Km' SHLU N0. I OF I DATE 1/d0/9A4 .TOR NO.425 RGAM A. D'ENTPEWNT P.65. DRAWN Fn T.F.S. RCD. LAND SURVEYOR 1, Statement of Hardship The single lot now in existence was created from the merging of 3 separate lots. The three lots were recorded on a plot plan drawn in October 1925 by Thomas A. Appleton, C.E. The three lots were conveyed to Peter Hantzopoulos and his wife in August 1962. In 2013, Mr. Hantzopoulos conveyed the land to himself and his wife as Trustees of the Hantzopoulos Irrevocable Trust. In this 2013 conveyance, the land was still described in reference to the three lots as drawn in the 1925 plot plan. In 1965 the City of Salem adopted a Zoning Ordinance, which zoned the three lots as R1. The three lots were undersized according to the requirements of the R1 zone, and as the three lots were under common ownership they were, after two years lapsed, merged into one lot of 22,829 square feet, 150 feet of frontage, and 150.06 feet in width. These dimensions exceed the requirements of the RI zoning district for a minimum area of 15,000 square feet, minimum frontage of 100 feet, and minimum width of 100 feet. Peter Hantzopoulos was unaware of the merging of the three lots under his ownership. The reduction of the three lots to one lot imposes an economic hardship on Peter Hantzopoulos. The existing large single lot is out of character with the neighborhood, which is largely comprised of smaller lots with smaller residences. The three lots were regularly-shaped lots, lined up side-by-side along the frontage on Cherry Hill Avenue. Peter Hantzopoulos is not seeking to recreate the original three lots, but rather to divide the one lot into two lots. The requested Variances would allow the creation of two lots, each smaller than the required minimum lot area of 15,000 square feet, and with less than the required minimum lot frontage of 100 feet and the required minimum lot width of 100 feet. Proposed Lot A would have a lot area of 11,413 square feet, 75.0 feet of frontage, and a lot width of 74.26 feet. Proposed Lot B would have a lot area of 11,416 square feet, 75.0 feet of frontage, and a lot width of 75.8 feet. k .�ot>Der CITY OF SALEM, MASSACHUSETTS 4 3 ) BOARD OF APPEAL 1201 ASFINGTON STRFET♦SAL M,NLASSACHUSE=o�Jq AIV 29 P 12 45 KF.4 IDIBERLEY DRI TELE:978-745-9595♦ x:978-740-9846 _ 'MAYOR FILE # ; January 29, 2014 CITY CLERK, SALEM,MASS. Decision City of Salem Board of Appeals Petition of PETER HANTZOPOULOS requesting Variances under Section 4.0 Dimensional Requirements of the Salem Zoning Ordinance to allow the creation of two lots,each smaller than the required minimum lot area of 15,000 square feet, and with less than the required minimum lot frontage of 100 feet and the required minimum lot width of 100 feet,for the property located at 13 CHERRY HILL AVENUE (RI Zoning District). A public hearing on the above Petition was opened on December 18, 2013 pursuant to M.G.L Ch.40A, § 11. The hearing was dosed on January 15, 2014 with the following Salem Board of Appeals members present Ms.Cusan (Chair),Ms. Harris (Vice Chair),Mr. Dionne,Mr. Duffy,Mr.Watkins,and Mr.Taitsinos. The Petitioner seeks Variances from Section 4.0 Dimensional Requinwentt of the Salem Zoning Ordinance. Statements of fact: 1. In the petition date-stamped September 25, 2013, the Petitioner requested Variances to allow the creation of two lots from one existing lot y 2. Attorney John Keilty presented the petition for the property at 13 Cherry Hill Avenue. 3. The requested Variances would allow the creation of two lots, each smaller than the required minimum lot area of 15,000 square feet,and with less than the required minimum lot frontage of 100 feet and the required minimum lot width of 100 feet. Proposed Lot A would have a lot area of 11,413 square feet, 75.0 feet of frontage,and a lot width of 74.26 feet. Proposed Lot B would have a lot area of 11,416 square feet, 75.0 feet of frontage,and a lot width of 75.8 feet 4. The single lot now in existence was created from the merging of 3 separate lots. The three lots were recorded on a plot plan drawn in October 1925 by Thomas A. Appleton, C.E. The three lots were . conveyed to Peter Hantzopoulos and his wife in August 1962. In 2013,Mr. Hantzopoulos conveyed the land to himself and his wife as Trustees of the Hantzopoulos Irrevocable Trust In this 2013 conveyance,the land was still described in reference to the three lots as drawn in the 1925 plot plan. 5. In 1965 the City of Salem adopted a Zoning Ordinance,which zoned the three lots as Rl. The three lots were undersized according to the requirements of the R1 zone, and as the three lots were under common ownership they were, after two years lapsed, merged into one lot of 22,829 square feet, 150 feet of frontage, and 150.06 feet in width. These dimensions exceed the requirements of the Rl zoning district for a minimum area of 15,000 square feet, minimum frontage of 100 feet, and 1 minimum width of 100 feet. 6. The applicants were unaware of the merging of the three lots under their ownership. The reduction of the three lots to one lot imposes an economic hardship on the applicants. 7. The three lots were regularly-shaped lots, lined up side-by-side along the frontage on Cherry Hill 4 Avenue. City of Salem Board of Appeals January 29,2014 Project: 13 Cherry Hill Avenue Page 2 of 2 8. The petitioners are not seeking to recreate the original three lots, but rather to divide the one lot into two lots. 9. The existing large single lot is out of character with the neighborhood,which is largely comprised of smaller lots with smaller residences. 10. At the public hearing,no members of the public spoke in favor of,or in opposition to,the petition. The Salem Board of Appeals, after careful consideration of the evidence presented at the public heating, and after thorough review of the petition, including the application narrative and plans, the Petitioner's presentation and public testimony, and a memorandum submitted to the Board at the hearing, makes the following findings that the proposed project meets the provisions of the City of Salem Zoning Ordinance: Findings; L The three original lots were regularly-shaped lots, and were lined up side-by-side along Cherry Hill Avenue. This creates a unique condition in which a literal enforcement of the Dimenriosal Regttiremexls under the City of Salem's Zoning Ordinance, specifically the required minimum lot area of 15,000 square feet, the requited minimum lot frontage of 100 feet, and the required minimum lot width of 100 feet,would be a substantial hardship to the appellant. 2. The desired relief may be granted without substantial detriment to the public good. 3. The desired relief may be granted without nullifying or substantially derogating from the intent or purpose of the City of Salem Zoning Ordinance. The development of the land as two smaller lots would be more consistent with the character of the neighborhood than the development of the one large lot. The existing single lot was created from the merging of three lots, but the applicant seeks only to divide the existing lot into two lots. On the basis of the above statements of facts and findings,the Salem Board of Appeals voted five (5) in favor (Ms. Curran—Chair,Mr.Watkins,Mr. Dionne,Ms. Harris, and Mr. Duffy),none (0) opposed, to approve the Variances from: the required minimum lot area of 15,000 square feet to allow the creation of Lot A at 11,413 square feet and Lot B at 11,416 square feet; the required nuirkit„um lot frontage of 100 feet to allow a lot frontage of 75.0 feet at Lot A and 75.0 feet at Lot B; the required minimum lot width of 100 feet to allow a lot width of 74.26 feet at Lot A and 75.8 feet at Lot B; subject to the following terms, conditions, and safeguards: 3 I. The Petitioner shall comply with all city and state statutes, ordinances,codes and regulations. 2. Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall display said number so as to be visible from the street. 3. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to,the Planning Board. Rebecca Curran,Chair Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK APpea1 firm this deanoe,if any,shall be made parmant to Sec ioa 17 of the as achnretlr General Law Chapur 40A, and.shall heJiled vrthie 20 days of filing of thin decision in the offer of the City Ckrk. Pwmant to the Marsarhuiettr General Law Cbapter 40A,Sseaon 11, the Variance or Special Permitgmnled bemn shall not take e fled until a mpy of the decision bearing the czrt care of the City C'krk has beenPaled with the Essex South Regiug of Deeds. CITY OF SALEM ASSESSOR'S CERTIFICATION OF ABUTTERS AND "PARTIES IN INTEREST" BOARD/COMMISSION: Board of Appeals PROJECT SITE 13 Cherry Hill Ave (14-0225-01 DATE: 04/24/2017 DESCRIPTION OF REQUIREMENT: Parties in Interest: The applicant Abutters Owners of land opposite any street or way Abutters and 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: a 7 Number of initialed pages attached: Once Certified,Return to: Erin Schaeffer Department of Planning and Community Development V - �' Itiw:mme 511lEEt YAP �\`l\\ Q`BL �� ww.o. 10WWI' �im: Q 04 r ® NN 1p �� 0 2]0 Wft P to on OG2Y2017 at 12:02 PM Parcel ID: 14-0225-0 Parcel ID: 14-0092-0 Parcel ID: 14-0093-0 HANTZOPOULOS FAM IRRE BARUA RATUL C AVERY THERESA F HANTZOPOULOS BARUA GINIMA 28 CHERRY HILL AVE 4 SHERWOOD AVE 29 VALLEY ST SALEM,MA 01970 PEABODY,MA 01980 SALEM, MA 01970 Parcel ID: 14-0095-0 Parcel ID: 14-0096.0 Parcel ID: 14-0097-0 CALLA14AN JENNIFER A DU LONG PAUL G TCHOUM I JACQUES CALLAHAN MICHAEL E JR DULONG LINDA C TCHOUMI PATRICIA 24 CHERRY HILL AVE 22 CHERRY HILL AVE 18 CHERRY HILL AVE SALEM,MA 01970 SALEM, MA 01970 SALEM,MA 01970 Parcel ID: 14-0098-0 Parcel ID: 14-0099-0 Parcel ID: 14-0100-801 GALLOWS HILL REALTY LLC DOWNEY JOHN J GOULD JASON M 114 REAR HIGHLAND AVENUE DOWNEY MAUREEN E 5 LIBERTY ROAD SALEM,MA 01970 10 CHERRY HILL AVE BEDFORD,MA 01730 SALEM, MA 01970 Parcel ID. 14-0100-802 Parcel ID: 14-0100-803 Parcel ID: 14-0100-804 GOULD JASON M 116R HIGHLAND AVE LLC 116R HIGHLANDAVE, LLC 5 LIBERTY ROAD 24112 WINTER STREET 241/2 WINTER STREET BEDFORD,MA 01730 SALEM, MA 01970 SALEM,MA 01970 Parcel ID: 14-0101-0 Parcel ID: 14-0107-0 Parcel ID: 14-0137-0 ASUNCION CECIL JOY D SALEM CITY OF THEOPHILOPOULOS PETRO A ASUNCION EDGAR THEOPHILOPOULOS 6 CHAMPLAIN ROAD 24 VALLEY ST SALEM,MA 01970 SALEM,MA 01970 . Parcel ID: 14-0138-0 Parcel ID: 14-0139-0 Parcel ID: 14-0214-0 ANARPET REALTY CORP DAVIDOWICZ NANCY TRUONG VAN H 24 VALLEY STREET 26 1/2 VALLEY ST TRUONG DAT H SALEM,MA 01970 SALEM, MA 01970 16 CHERRY HILL AVE SALEM,MA 01970 Parcel ID: 14-0221-0 Parcel ID: 14.0222-0 Parcel ID: 14-0223-0 DOCKSIDE PROPERTIES LLC GUERRETTE PHILIP R LLANAJ ELMAS BUSH 33 SLEEPER STREET U601 GUERRETTE MARY P LIANAJ VJOLICA BOSTON, MA 02210 5 CHERRY HILL AVE 7 CHERY HILL AVE SALEM, MA 01970 SALEM,MA 01970 Parcel ID: 14-0224-0 Parcel ID: 14-0227-0 Parcel ID: 14-0228-0 G A K REALTY TRUST PELLETIER FAMILY TRUST PANNETON JOHN P KAPOGLIS GREGORY A PELLETIER RICHARD/NANCY PANNETON PATRICIA R 9 CHERRY HILL AVE 17 CHERRY HILL AVE 19 CHERRY HILL AVE SALEM,MA 01970 SALEM, MA 01970 SALEM,MA 01970 Parcel ID: 14-0229.0 Parcel ID: 14-0230-0 Parcel ID: 14-0231-0 XIE YAN MORGAN PETER R LARUE WILLIAM F TANG XIAOLEI NANCY A LARUE MICHELLE L 1315 SAN PABLO AVE 25 VALLEY ST 23 VALLEY STREET REDLANDS, CA 92373 SALEM, MAO 1970 SALEM,MA 01970 Parcel ID: 14-0232-0 Parcel ID:14.0233-0 Parcel ID: 14-0234-0Q / DUELL RYAN T NAPIERKOWSKI CYNTHIA W --�A4�tOft�£t-J ,CO 21 VALLEY ST NAPIERKOWSKI MARK P 171/2 VALLEY STREET SALEM,MA 01970 19 VALLEY STREET SALEM,MA 01970 SALEM, MA 01970 Parcel ID: 14-0235-0n / Parcel ID: 14-0236-0 Parcel ID: 14-0237-0 S'�OH�JES616A L2 LEE WAI SHEUNGNG AMIN SIMON 6� a65j4Mjd'/4 13 VALLEY STREET ALEMNJI CHRISTIANA M 17 VALLEY STREET SALEM, MA 01970 9 VALLEY STREET SALEM, MA 01970 SALEM,MA 01970 Parcel ID: 14-0236-0 Parcel ID: 14-0246.0 Parcel ID: 14-0247-0 RHEAULT PHILLIP W CAPELLAN RODERICK ATKINS AMY T 7 VALLEY STREET 8 VALLEY STREET ATKINS JONATHAN S SALEM,MA 01970 SALEM, MA 01970 10 VALLEY STREET SALEM,MA 01970 Parcel ID: 14-0248-0 Parcel ID: 14.02530 Parcel ID: 14-0254-0 CAMARDA ANTHONY D MaF' ROVI BUJAR CAMARDA FRANK ^—,^W .Z ILEVIN E ROVI ADELJANA 14 VALLEY ST 2 MALM AVENUE 20 VALLEY STREET Salem, MA 01970 SALEM, MA 01970 SALEM,MA 01970 Parcel ID: 14-0255-0 Parcel ID: 14-02560 Parcel ID: 14-0259-0 GEORGELAS CYNTHIA A THEOPHILOPOULOS PETRO A HARVEY JOHN C GEORGELAS PETER THEOPHILOPOULOS HARVEY ANGELA 22 VALLEY STREET 24 VALLEY ST 11 CHERRY HILL AVENUE SALEM,MA 01970 SALEM, MA 01970 SALEM,MA 01970 Parcel ID: 14-0260-0 Parcel ID: 14-0261-0 Parcel ID: 14-0262-0 LARRABEE RICHARD PORTRAIT KEITH E PORTRAIT KEITH E LARRABEEANN PORTRAIT AMY L PORTRAIT AMY L 24 CROWDIS ST 22 CROWDIS ST 22 CROWDIS STREET SALEM,MA 01970 SALEM, MA 01970 SALEM,MA 01970 Parcel ID 14-02630 MEARA PATRICIA T/TINA TINA STEPHEN J/MARIA E. 4 MALM AVE SALEM,MA 01970 r