23 GOODELL STREET - ZBA (2) 23 GOODELL STREET I
PAGE & DEBRA DAY
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7iego1 Notice
CITY OF SALEM
BOARD OF APPEAL
745-9595 EXT.381
Will hold a public hearing for all
Persons interested in the petition sub-
mitted by Page and Debra Day
. . requesting a Variance for subdivi-
sion, Lot 1, Variance on lot area,
width front and side setbacks, Lot
2, Variances on lot area, lotwidth
and rear setbacks for the property
t located at 23 Goodell Street R-2.Said
+ - hearing to be held Wednesday
March 17, 1999 at 6:30 P.M., One
Salem Green,2nd Floor.
Nina Cohen,
Chairman
(3/3,10)
Titu of ttlem, ttssttzljuserrs
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DECISION ON THE PETITION OF PAGE & DEBRA DAY REQUESTING A VARIANCE C-D
FOR THE PROPERTY LOCATED AT 23 GOODELL STREET R-2 Z r
A hearing on this petition was held on March 17, 1999, with the following Board NJ r'T
Members present: Nina Cohen, Chairman, Ronald Harrison, Stephen Buczko, M+-hael n
Ward and Paul Valaskagis. Notice of the hearing was sent to abutters and other and
notices of the hearing were properly published in the Salem Evening News in
accordance with Massachusetts General Laws Chapter 40A.
The petitioner requests a Variance for subdivision, Lot 1, Variance on lot area, width,
and front and side setbacks, Lot 2, Variance on lot area, lot width and rear setbacks, for
the property located at 23 Goodell Street r-2.
The Variance which has been requested may be granted upon a finding of the Board
that:
a. Special conditions and circumstances exit which especially affect the land, building
or structure involved and which are not generally affecting other lands, buildings or
structures in the same district.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner
c. Desirable relief may be granted without substantial detriment to the public good and
Without nullifying or substantially derogating from the intent of the district or the
purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented at the
hearing and after viewing the plans, makes the following findings of fact:
1. The petitioners, Page T. and Debra Day are owners of the property located at 23
Goodell Street. Attorney George Atkins, of 59 presented the petition
Federal Street, Salem.
2. The petitioner seeks variances from dimensional regulations for Lot area and lot
width for proposed Lots 1 and 2, existing front and side yards for existing dwelling
On Lot 1, and rear yard for the proposed dwelling on Lot 2, in order to allow for
Subdivision of the existing lot on the corner of Goodell and Highland Streets into
Two lots consisting of the existing single family dwelling on Goodell Street (Lot 1)
And a proposed single family dwelling on Highland Street (Lot 2).
DECISION ON THE PETITION OF PAGE AND DEBRA DAY REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 23 GOODELL STREET R-.�g
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3. The subject property is located in an R-2 District. `J onm
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4. The existing lot is 10,207 square feet and is larger than existing lots in the ares m3
5. The Page's presented a petition in support of the requested variances which was
signed by 14 friends and neighbors.
6. City Councillor Sally Hayes spoke in favor of the requested variances and stated that
she was not aware of any opposition. Ms. Hayes did request that any approval be
conditioned to allow only a single family dwelling on Lot 2.
7. Mr. Richard Bencal of 19 Goodell Street expressed concern regarding an under
ground brook, which runs through the subject property and stated that there is a
ground water problem in the area. Mr. Bencal was also concerned with the lot sizes,
which would result from subdivision of the existing lot. Mr. Bencal strongly opposed
the granting of the requested variances.
8. The petitioners agreed to address drainage issued with the City Engineer.
9. The minimum lot area required in an R-2 Zoning District is 15,000 square feet. The
requested variances would result in one 5 20 square q 2 qu e foot lot and one 5,005 square
foot lot.
On the basis of the above findings of fact, and on the evidence presented at the hearing,
the Board of Appeal concludes as follows:
1. Special conditions do not exist which especially affect the subject property and not
the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would not involve
substantial hardship to the petitioner.
3. The relief requested cannot be granted without substantial detriment to the public
good or without nullifying and substantially hardship to the petitioner.
Therefore, the Zoning Board of Appeal voted 1 in favor, and 4 in opposition to grant the
requested variances. Having failed to garner the four affirmative votes required to pass,
the motion is defeated and the petition is denied.
VARIANCE DENIED C
March 17, 1999
Stephen Buczko YY
Member, Board of Appeal
DECISION ON THE PETITION OF PAGE AND DEBRA DAY REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 23 GOODELL STREET R-2
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 MGL
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 MGL 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 passed 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 owners Certificate of Title.
Board of Appeal
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Page and Debbie Day are requesting a variance to Subdivide their property at
23 Goodell St., Salem, MA. The hearing for this variance will be on
Wednesday March 17, 1999 at the Salem Board of Appeals,l Salem Green.
We would appreciate your approval of this variance.
NAME ADDRESS Approve Disapprove
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CUS/a1,NlG
_ NORMA F. & EVA P. LAVOIE
N83'40'40"W N83'40'40"W OAKLAND
66.71' 45.29' O ELL
14 LOCUS FOSTER
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EXISTING o M + I?EO 115 7R Y LOCUS MAP
GARAGE z
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10 --It -- 10 1
LOT 1 LOT 2
19" LOT 2 k--- REQUIRED PR 0 VIDED PR 0 VIDED
STEPHEN L
ADE
LE , 51005 S. F. ' MIN. WIDTH 100' 50' 99. 5'
PAsxomsxY L 0 T ' AREA 15, 000 S.F. 5,202 S.F. 5, 005 S.F.
\ FRONT YARD 15' EXISTING 9.5' 15. 5', 16 .0
59 2 02 S. F. 2N ACCESSORY" 5' 5.8'
o) + ,SIDE I ARD DWELLING l0 11.0' 45
Z REAR YARD 30' EXISTING 60' /o.g , 13. 0'
MAX. COVERAGE 35% 22% 20%
PROPOSED �
JOHN R. & DWELL/NG I
NOELLE C.
DRISCOLL
3 EXISTING
;,, g wooD FRAME o I DEED REFERENCE:
o DWELLING k-
z zo #23 N �► I I BOOK 10841 PAGE 223
o I ►-a PLAN REFERENCE:
PLAN x#33.3 OF 1957
PLAN ##611 OF 1956
M'CHAEL ZONING DISTRICT
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N0.34609 LOT 76 ASSESSOR'S AIAP 17
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50.00' 52.00'
582'54'03"E 582'54'03"E
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APPROVAL UNDER SUBDIVISION PLAN OF LAND
CONTROL LA JI' — NOT REQUIRED IN
I HEREBY CERTIFY THAT THIS PLAN CONFORMS SALEM, MA
TO THE RULES AND REGULATIONS
OF THE REGISTERS OF DEEDS. SCALE: 1 " _ 10' FEB. 23 , 1999
PREPARED FOR
PA GE T. & DEBRA J. DA I
PREPARED BY
ll COASTAL SURVEY
a las /99 R ADSWORTH VILLAGE — DANVERS BUILDING
PROFS sroNAt LAND SURVEYOR DA7B' 130 CENTRE ST. DANVERS, MASSACHUSETTS
SALEM PLAAWING BOARD: DATE: (976; 774-9450
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G DISTRICT ZONING DISTRICT ASSESSORS MAP 17 LOT 60 PART LOTS 47 61 &
do � ao� <<o Fos,Et ZONING N I N 59
5 2� RESIDENCE 2 ° RESIDENCE 2 RECORD OWNER: LOT 60, PILGRIM REALTY TRUST
' RECORD OWNER: RUGGLES—KLINGEMANN MANUFACTURING CO. INC.
G�e�,b Sr4�f� sr� ITEM REQUIRED LOT D2+P2 LOT Dl LOT 'P' LOT AREA 15,000 SF. LOT WIDTH 100 FT. DEED REFERENCE:
LOT 60, BOOK 13292 PAGE 41
LOT AREA 15,000 SF. 8604± SF.# 7506± SF.# 6373± SF.# a DEED REFERENCES BOOK 12810 PAGE 436, BK 2864 PG 193,
S{.MaryJ LOT WIDTH 100.00 FT. 75f FT.# 101± FT. 120± FT. N BOOK 2849 PAGE 49
FRONT YARD 15 FT. 26± FT. 15±. FT. 2=1: FT. PLAN REFERENCE. PLAN BY EASTERN LAND SURVEY ASSOCS.
LOCUS MAP SIDE YARD 10 FT. 11± FT. 20.± FT. 4± FT.
REAR YARD 30 FT. 37± FT. 13± FT. # 11± FT. # DA 7F0 JUNE 3, 1998
# VARIANCE REQUESTED
LOTS D3, P1 AND D4 ARE TO BE COMBINED TO FORM ONE CONTIGUOUS
PARCEL OF 6373± SF.
LOTS D2 AND P2 ARE TO BE COMBINED TO FORM ONE CONTIGUOUS APPROVAL UNDER THE SUBDIVISION
PARCEL OF 7506± SF. CONTROL LAW NOT REQUIRED
SALEM PLANNING BOARD
LOT C
wPRL0NG0, 61.66'
3 67'1936" E EXISTINGTO BE ROEMOVEDLDINGS
gE X850 LOT D2 \ \ _ - _ - - - -
\ I I
7004± SF. \ 10j.00' DA TE'
\ \ EXISTING FACTORY BUILDINGS I }
TO BE REMOVED �' I 13f I LOT B
y \ LOT D1
-70
LOT D3 �;°� y0 �0° � \ 7506E SF. I 1s'
S
23731 SF. „0 60° 0's 'o, 91 L() I z I I LOT A
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OLA \ - \ mo70 OPROPOSED w
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o- O Ln o TWO FAMILY N
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6° cDWELLING
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101.53'
\Ao ti9 0� 0°0 / 1 N 81'23'40' W 332.83
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pO 3 r `ro• rya SEE CITY PLAN C p URT
LOT D4 ��� 68. FOS TER PLAN 99DED OF 1942
�a 1600± SF.
00
NO.
SUBDIVISION
PLAN OF LAND
LOCATED IN
7H#S PLAN IS BASED ON THE REFERENCED PLANS, DEEDS e SALEM ,AND THE RESULTS OF A FIELD SURVEY AS OF THIS DATE. ? ` c n R. , MASS .
NO CER7IFICAT7ON IS INTENDED AS TO PROPERTY 7771E t. F.:-Uo
OR AS TO THE EXISTENCE OF UNWRITTEN OR UNRECORDED o ��r o 31317 4p PREPARED B Y
EASEMENTS. EASTERN LAND SURVEY ASSOCIATES, INC.
FOR REGISTRY USE ONLY CHRISTOPHER R. MELL 0, PLS
104 LOWELL ST. PEABODY, MA. 01960
(978) 531 -8121
SCALE: 1 " = 20' FEBRUARY 9, 1999
I HEREBY CERTIFY THIS PLAN CONFORMS PREPARED FOR
TO THE RULES AND REGULATIONS OF THE
REGISTERS OF DEEDS OF THE COMMON— RUGGLES — K L I N G E M A N CO .
WEALTH OF MASSACHUSETTS. .
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