12 DERBY STREET - ZBA f
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�,pUNg04 .A0 CITY OF SALEM, MASSACHUSETTS
�" BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
v { a SALEM, MASSACHUSETTS 01 970
LV TELEPHONE 978-745-9595
E FAx 978-740-9846
KIMBERLEY DRISCOLL
MAYOR ar^ 23 32
August 20, 2010
Decision
Petition of Thomas P. Cote seeking Variances from the minimum lot area and minimum lot
frontage requirements to relocate the lot line for the property located at 12 DERBY
STREET in the Residential Two Family Zoning District[R-2].
A public hearing on the above petition was opened on August 18, 2010 pursuant to Mass
General Law Ch. 40A, Sec. 11, the following Zoning Board members being present:
Annie Harris, Rick Dionne, Bonnie Belair (alternate) and Jimmy Tsitsinos (alternate).
Petitioner seeks Variances under Section 4.1.1: Table of Dimensional Requirements, of
the Salem Zoning Ordinance.
The Board of Appeals, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the Petition submitted, makes the following
findings of fact:
1. Petitioner Thomas P. Cote represented himself at the hearing.
2. In a petition date-stamped August 2, 2010, the petitioner requested to adjust the
parcel boundary at 12 Derby Street to convey a piece of land to the property at 14
115 Fort Avenue to provide access to a public way and allow construction of a
garage.
3. Ian Hunter, owner of 14 1/-5 Fort Avenue, petitioned the Board separately for
zoning relief related to the proposed lot line adjustment.
4. No member of the public spoke in favor or in opposition of the petition at the
hearing.
The Board of Appeal, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the plans and petition submitted, makes the
following findings:
1. Special conditions and circumstances exist affecting the parcel or building,
which do not generally affect other land or buildings in the same district, and
literal enforcement of the provisions of this ordinance would involve
substantial hardship, financial or otherwise, to the appellant, since the
neighboring lot lacks access to a public way.
1
2. Desirable relief may be granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent or
purpose of the zoning ordinance, since the proposed changes to the parcel
boundaries give the abutting lot access to a public way.
3. The petitioner may vary the terns of the Residential Two-Family Zoning
District to adjust the lot lines as proposed, which is consistent with the intent
and purpose of the City of Salem Zoning Ordinance.
4. In permitting such change, the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
On the basis of the above findings of fact and all evidence presented at the public hearing
including, but not limited to, the Plans, Documents and testimony, the Zoning Board of
Appeals concludes:
1. A Variance is granted from the minimum lot area requirement to adjust the
property boundaries as shown on the submitted plans.
2. A Variance is granted from the minimum frontage requirement to adjust
the property boundaries as shown on the submitted plans.
In consideration of the above, the Salem Board of Appeals voted four(4) in favor
(Dionne, Harris, Belair, and Tsitsinos), none (0) opposed, to grant the petitioner's request
for Variances, subject to the following terns, conditions, and safeguards:
4
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. Petitioner is to obtain approval from any City Board or Commission having jurisdiction
including, but not limited to, the Planning Board.
#q I21..._
Richard Dionne
Salem Zoning Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY
CLERIC
Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts Geneial Laws
Chapter 40A, and shall be filed within 20 days of filing of this decision in the office of the City Clerk.
Puisuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or Special Permit
granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk that
20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been
dismissed or denied and is recorded in the South Essex Registry of Deeds and indexed under the name of
the owner of record or is recorded and noted on the owner's Certificate of Title
2
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" Map 41 Lot 267 W S
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12 Fort Ave. Map 41 Of 266
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ENDORSEMENT OF THIS PLAN AS ONE NOT I Nl NEW LOT LINE •3262 sy
APPROVAL UNDER THE SUBDIVISION CONTROLL LAW LAW IS IS 4.12 (Aker Conveyance)
NOT A DETERMINATION AS TO THE CONFORMANCE KITH
ZONING. 5T9'O5OO' A'BJy� PARCEL A
PARCEL D N 1245 3g JZJ'A. 2,047 m1.k. The purpcee of this plan M to ceate Parcele A. B. C Q D.
077 eq. 5. Z s?' Porch A R B are to be combined to fora one
b m 04 contiguous let. Parcel C is D are to be combined
to form one contiguous lot.
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APPROVAL UNDER THE SUBDIWSION r2
CONTROL LAW NOT REQUIRED
BEVERLY PLANNING BOARD Ryeb W
OLD LOT U M1 47 Lot 261
TO BE ELIMININ ATED 10 Darby St.
M .41 Lf
-
775
Z
s5799 ey.ft.
(Aker Conveyanco)
PARCEL B
Map 41 Lot 259 PARCEL C 1.215 sy.ft. PLAN OF LAND
76 Derby st. 3.722 eq.k. IN
DATE DID LOT E SALEM, MASSACHUSETTS
TO BE EU ATED
Prepared For
Ian T. & Sarah P. Hunter
q. NEW LOT UNE 14R Fort Avenue
and
yq� Thomas P. Cote
I certify that this plan was prepared In oocordance with zb'e. 12 Derby Street
the rules and reguiakone of the Regletm of Deeds.
Prepared y
ZONING DISTRICT- R2 iT E� LeBlanc Survey Associates, Inc.
w �SN� s�gE 161 H Street
��¢$I Danvers,
74 23
976) 774-6012
�6® June 23, 2010 Scale: I"=10'
REFERENCES:
IDeed Boa, 26569 Page 3"_ Deed Boa, 17275 Page 461
PROFESSIONAL LAND SURVEYOR DALE 0 Plan In Deed Book 2614 Page 436 HOR. SCALE IN FEET
0 10 25 51
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