46-52 GREENLAWN AVENUE - ZBA LOTS 46-52 GREENLAWN AVE.
- EDWARD MORGANI ,
I
it
(flit of Salem, �x'�s�zcF zse fs
'82 MAR 17 A10 :49
29oarh of Oral
DECISION ON THE PETITION OF EDWARD MORGANI CITY CLERK'S Y=FICE
REQUESTING A VARIANCE FOR LOTS 46-52 GREENLAWN AVENUE SALEM N.A js
A hearing on this Petition was held on March 10, 1982 with the following
Board Members present: Douglas Hopper, Chairman; Messrs. Hacker, LaBrecque,
Piemonte and Feeherry. Notices of the hearing were 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.
This property is currently the subject of a prior variance dated October 14,
1981. However, the Petitioner has requested a new variance for Lots 46-52 Greenlawn
Avenue to divide the property into four lots as shown on the plan dated December 31,
1981, bubmitted to the Board. A variance is requird because the lots 'to
be created as shown on the plan submitted to the Board will all be non_conforming.
The Board of Appeal, after consideration of the evidence presented at the .
public hearing and after viewing the property makes the following findings
of fact:
1. The lots in the surrounding area are similar in size to those
which Petitioner wishes to create.
2. No substantive opposition was raised to petitioner's plan by
neighbors.
On the basis of the above findings of fact, and the evidence presented
at the public hearing, the Board of Appeal concludes as follows:
1. The property in question is unique because of its peculiar
configuration and because of the ledge at the site and the
manner in which the property slopes up from Greenlawn Avenue.
In addition, the present configuration of the lots imposes a
hardship on the petitioner by restricting his development
of these lots in a manner which is consistent with the sur-
rounding area.
2. The conditions described above especially affect the land in _
question but do not generally affect the zoning district in
which the land is located.
3. The conditions described above which affect the land in question, .
but not the zoning district generally cause special financial
hardship to the Petitioner.
DECISION - March 10, 1982 - EDWARD MORGANI
Page 2 '82 MAR 17 A10 :49
4. The desired variance may be grantedwithout stantial r
detriment to the public good. Off C-'I'•"„• " OFFICE
ALE
N..".
Therefore, the Board of Zoning Appeal voted 4-1 in favor of
approving the grant of the requested relief (Mr. Piemonte voted
"present"). The Board grants a variance to the Petitioner on
the following terms and conditions. .
1. Petitioner may combine Lots 46-52 Greenlawn Avenue into
four single family lots as shown on the plan submitted to
the Board.
2. This variance is conditioned upon the approval of the
Petitioner's plan by the Planning Board and any conditions
imposed upon Petitioner by the Planning Board shall
be incorporated into this decision.
3. Petitioner shall submit all plans to the City Engineer
who may then review these plans to determine whether they
adequately deal with drainage at the site. The City Engineer
shall, in his sole discretion, modify such plans as they
relate to drainage if he deems that to be necessary.
�J I
nthony M. Fee i3 r
APPEAL F:i " TF:.. GE..:,i:i... •..... .LL .''fi3_ PL' C......: T^_ .._,:T:Ci'. 11 CF T:iE LiASS.
_ . ..7i SH:,U. 2" W-13 .i"Tt. .iE 0.. OF FILCia
CF Tsai DEC!S:f... Ci
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REC!2.8'_"O IN TEE C...T,1 ESS-.. .:11i .. -__.:, .i:iJ uF THC 0:7iiERt
OF RECORD 01 is R:C2RuEO 1:(i0 iiXro 0: T::: Ct.i—R'S CEBi;Fti;:=.7E OF TIRE. -
BOARD OF APPEAL -
A COPY OF THIS DECISION AND PLANS HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
a
of 6tt1Pm, ga95a rlius>'##
Poarb of Appeal 081 OCT 19 P4 :21
DECISION ON THE PETITION OF EDWARD MORGANI CITY CLFP %'S OFFICE
REQUESTING A VARIANCE FOR LOTS 46-52 GREENLAWN AVENUE SALtM MASS
A hearing on this Petition was held on October 14, 1981 with the
following Board Members present: Douglas Hopper, Chairman; Messrs. Hacker,
Piemonte, Feeherry and Associate Member Lusinski. Notices of the hearing
were 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.
The Petitioner has requested a variance for Lots 46-52 Greenlawn Avenue
to combine the existing seven lots and then divide them into four new lots.
A variance is required because the lots to be created as shown on the plans
submitted to the Board will all be non-conforming.
The Board of Appeals, after consideration of the evidence presented
at the public hearing and after viewing the property makes the following
findings of fact:
1. The lots in the surrounding area are similar in size to
those which petitioner wishes to create.
2. No substantive opposition was raised to petitioner's plan by
neighbors.
On the basis of the above findings of fact, and the evidence presented
at the public hearing, the Board of Appeals concludes as follows:
1. The property in question is unique because of its peculiar configur-
ation and because of the ledge at the site and the manner in which the
property slopes up from Greenlawn Avenue. In addition, the
present configuration of the lots imposes a hardship on the
petitioner by restricting his development of these lots in a manner
which is consistent with the surrounding area.
2. The conditions described above especially affect the land in question
but do not generally affect the zoning district in which the land
is located.
3. The conditions described above which affect the land in question,
but not the zoning district generally cause special financial hardship
to the Petitioner.
4. The desired variance may be granted without substantial detriment
to the public good.
DECISION - OCTOBER 14, 1981 - EDWARD MORGANI - PAGE TWO
'81 OCT 19 P 4 :21
Therefore, the Board of Zoning Appeals unanimously voted i� favor ,_
n^.. ur FICE
of approving the grant of the requested relief. The Boar, lthrtz MASS
variance to the Petitioner on the following terms and cond Lei fits:
1. Petitioner may combine Lots 46-52 Greenlawn Avenue into four single
family house lots as shown on the plan submitted to the Board.
2. This variance is conditioned upon the approval of the petitioner's
plan by the Planning Board and any conditions imposed upon petitioner
by the Planning Board ghall .be incorporated into this decision.
3. Petitioner shall submit all plans to the City Engineer who may then
review these plans to determine whether they adequately deal with
drainage at the site. The City Engineer shall, in his sole discretion,
modify such plans as they relate to drainage if he deems that to be
necessary.
ZAnhony M. eeherry
APPU-FP' T,
GENERAL U. L L �. ' L` SSF.�' i0 .,;^Tim,.. i :r Ty • :>S.
OF
PUR"ANT T3
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CFAP 'ED C tl S:I—L + C il, T-
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FICATiON CF CI7l CLEF r Ci CT i ._I. '. ..
OR THAT, 1F r ' <D DAYS HAVE r � L r:!:j r _•i u `"'
H �+ A'Pc AL l Ec c i 'A! III H S L=_ r - . ..
RECORfiED I T b o_JiH E c� ^�^ c.o '. ,_
_AL1. i Or D�LiS f:' - L.c;Ei a 'i 1
OF F'l'u OR i% R ORDER q"I) NOTED OLl THE O;h.cRS CERTIFICATE OF TITLE. Uf fnE GG;WER
9600 9F APPEAL
A COPY OF THIS DECISION AND PLANS HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
. ,�� t1Kf/U27 PG482
SLTI
B.. 1.7
/6 a e.
n
2t ENCN'C made this Znd day of December,198E
/Gly illll DEC -4 A4:2) _. .
PARTH:S: CITYL([r Plano ng Board of the City of Salon,
i-T
ICE (he an,Iter referred to is'Board•I, t}t}
Donald S. Emmcrton,and Ann J.
��� u - • Pmmerton,'Owner'
SUBDIVISION: Subdivision Plan'Land of Donald S.
and Ann J.Emmerton,Greenlawn,
Ciovrrdale,aid Glenn Ave.'dated
! September 1{,1982.
i(
a _. . -.r:•Sy rd he and behveen the par tics as follows: in consideration of
th,•aPproval of the above designated subdivision by the Board, the Orme..
{. .. That the Subdivision Rules and Regulatio::s pertaining to dead-end i
:.reeds, are hereby waived as to Cloverdale Avenue based upon the
5
2laaning Board expectation that the paper streets shown on said p',aa t
be constructed at some future date in accordance with the City's s
SuLdi vi.:ion Rules and Regulations;
_.
UP 11 eoa:nletioa of the antire sub'_iv!sio , the Own¢r s:.alt f:::::iia fl:e
Saud.rich a Certificate of Compliance, as allowed by Secl,on ill B 7.
of Subdivis(on Rmgulotioas, Salem Planning 1;,,,d. i
Ou fulfillment of all condiHeas of the Ageemcnt,a Gertlflcate is
. ^fora ancc, in the form of.'Release of Condition"
r cstri<tmrs, shall be issued by the Boar!, accord S:.g to the rrnvisi.'•as of 9
=,u
.: .c I'd t eellswu AI-enUe,
.., p'w5 not leccpt,.d .,is, a.=.,i not pen't•vuys s c .,.
?4a:=soh;:ma is Grnrrat Laws Chapter SZ, Section 22,but ue moor
s¢.•ets, a l are shown on said plan solely for loc ati.ns!purpasc:; C:at S
�hs sPp-oval of this c,bdh'ision plan sp_ci(ical!y e:<c'udes any ir.D:at by S
:he Planrirg Board to confer upon Greenlawn Avenue and Gleno Avenue
i
vy additional legal status, whether based open;dassacbusot is Gernral e
Laws Chapter it Section 81 L or otherwise,greater than those Avenues S
enjoyed prior to the submission of this subdivision plan for approval. ';'{-$
S. The subdivision fee of One Thousand Dollars(51,000.00) is to be paid as
follow=
Page 1 or i of an Agreement between Donald S.Emmer, 5�
and Ann J.Emmertoa and the Salem Planning Board dated Dec.2,1982
..v
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,
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ir
f
6K7027 PG483 1.
RFCEPd`:
a. Two Hundred Fifty Dollars(5250.00)Is to be paid upon the signing
V EEC -4 Ad:22f the said Subdivision Plan by the Salmn Planning Bnard,
b. Two Hundred Fifty Do11ua.(SLS0.00)is to be paid at the time that g
CITYSAIER:� `k•
611,010 B,C.and Dare developed `.
P b accordance with the "
City of Salem Subdivision Rule,and Regulations and the
conditions set forth in this Agre,menta
6. The construction of Grtesdawn Avenue and the Installation of muuicipal
services as shown on Wald plan with a eominetlon of Proposed water line
main on M
fo the 6 Inch arlborough Road,shall be provided to serve Lots
B.C,and D In accordanee with the applicable Rules and Regulations of
.aid BOard ezcrpt As Aro ndnf or walvIA by the Planning 0oard. Prior .a ;
F >«
to the installation of the water line.the Ovner shall notify each
kn
abutter of said instdlat(oa end shall afford to any abutter the '
opportunity to connect into aid new water s
asrvice. Evidence of
.adequate draleage atisfactnry to the Planning Board shall be presented „" �t9
:e
to the Board for approval before a Certificate of Compliance is issued. >
y That a forty foot easement and right-ol-way shall be provided for
P"319-for public safety purposes between Greeelawn Avenue and °
Cloverdale Avenue over Glenn Avenue as shown on the Plan and that
Mid easem eat area be graded to a grade appropriate to provide
reasonable access fer emergency vehicles over such casementuR
B. That the mOnici area.
pal services improvement and easements required by
Parag,
-spits u and 7 hcrrnf shall be completed and provided for before ?:
ziy Of Lot B,C and D +'
, ma be Imill n _ 'r
Y. pnn Or,,:nv..y,.J.nlbrr �haa by
a
ggo deN.provided, .
Mort i
that a mortgagee who acquired title le the
mortgaged p,em!sed by fon•cbsure m otherwise and any xucceedmg ''
owner of the mnrfgag,•,1 Ib.......1,1,,,,y;„i1.o,y
subjc't only to that Portion of this convtnant w
hlch provides that no Iol
so sold shall be built upon,ald such vaya,services,improvements and
easements have hn•n prOvid.d h,n,•rve ae,'h h.1.
Y. That the Planning Board waives as to Lot A the requiremeot of the
elmk of the—its beta,,.,the City Eugineer'will eseretse
Over the dev,•lop:o^ul„(1,.1 A. jurladlcllon _ -N
4�
b
Pale 2 W4 of an Apaemmt babas Dsaat�&Emmestoa :.
and AY L Emmestan and the Salem
plaooies Bwsd 4ted Dw 2,1981 -
as i
i
1, 'l !
�. .
BK7027 PG484
4' IJ. tli.II thy Ph m:in;; I:oard nail ex the Suhdmiiiuo It egulat ion
�t
Y I t; { ir,�.jumem cuts for the submission of an environmental impact statement.
}d' 1
11 f!:ui"i t:rf Sa! :n S;:bit i vision !:c ulatlnns pcpa
ovid�•z in rt in paol;rph.
ra
,,.o •ram tph b, en it l(+l"Fodor,em en of approval with Ca v en.m t, 1
$ 4 !1 that,%f such w vy< and servicca art,not enmpleted within two yeas of J79
the date of film,;7 the eovenait,approval o.`the plan s:a o
auto in ati:ally r.scnidml oid the m bdivider mint resubmit a new plan
f
tar thv'q,pruv rl .,oil end it n it of the Plu;:::im; Goard'. Para,;raph S.
iZ jYi sub-paa;;raph b. is soeeifiudL not ..it,M and shall be enforced by the
v... ��. Pl."I :o"d. 1
.A�, �,
a
i
1
t .� {
y.J I
Irl
5
Page 3 or 3 of an Agreement between Donald S.Emmerton
` and Ann J.Emmerton and the Salem Planning Board dated Dec. 2.1982
jj
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A
{
i
1 i,
+, BI(7027 PG485 R . .r I t,,;:-,
az DEC.� as a�
r ..
^" Sipind and sealed the day and year first shote tvltica. City CLE'Y;CITICE
CrrY OF SALEM PLANNING BOARD OWNERS
L11.IC'�it.
+ Y Donald S. rt". chaser
t
Leg93 �ew 8n
khard W.Stafford.City Solicitor
Commonwealth of Massachasett-
'
.Ess.,ss. Occmber 2.1962
Then personally appeared the above named
and acknowledge,l the foregoing instntment to be their free act and deal,b.dune
ma
I
Dote6y12d'3
i heroby cerpfy than 20 days hove espircd
a a from !h!,
deta Isis In>fnmort wat mcnived, Notary Pohl
and Ihol NO APPEAL has been Ked in this
office.. -
i
ATTEP, Y duF-
Sufa k Moo. My Commission ez*w Cl-q
;..h: SSSSX Sd. RBCORD® — 19_M.P,"T . M. .
s '� Deeatiar is,3963
its Esuns w �
That, Perwnally appeared the aboaa —04 Donald S. ?=next" and Ams J.
Pmerttefers,ae ssm.ed atknowledgad the toregoio6 te. to be Owl 9sea act aM dnede
t
tars lie
' M1 Cce.tulw aaPlresi rdlk rd/k /m�.
sy5'Yt` i
_ Page 6 0[ C of o
,da Agrenat botvnmDonaldn
Donald S. Pantan
�'x, and Ase J. E®ertoo and the Selma planaing board dated Dec. 2, 1982
i
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X. PA" M. IAST'A /,�.,�
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CITY OF SALEM - --
BOARD OF APPEAL -- 7MAR159
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OUpAg��
MARCH 17, 1982
NOTICE IS HEREBY GIVEN THAT AS OF THIS DATE THE DECISION OF THE BOARD OF
' APPEAL HAS BEEN FILED AT THE OFFICE OF THE CITY CLERK TO. GRANT THE PETITION
OF EDWARD 'MORGANI FOR A VARIANCE TO DIVIDE THE PROPERTY AT LOTS 46-52
GREENLAWN AVENUE INTO FOUR LOTS.
BOARD OF APPEAL
-- - - - ANTHONY M. FEEHERRY
APPvt-FRM TlIS OEMMN, IF A'IY. cr 'L BE V,ACE PIP - "6'T TO '.I 17 0- T4E PASS.
rOF r ;N3
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OF RECWD OR 1S RC�uBL U ? .D G '+ Ra ..�rcTf I
130,11) OF APPEAL --
Out of $Ulrtu, Ainssac4usetts
�,� - _� s �lattttittg �uarl
14 E M 0 R A N D U M
TO: Board of Appeal
FROM: Planning Board
DATE: March 10, 1982
RE: Petition of Edward Morgani for a variance to combine Lots 46-52
Greenlawn Avenue and divide them into four lots with 94.26 ft.
frontage and an average area of 8,500 sq. ft.
The Planning Board has carefully reviewed the request and would urge the Appeal
Board to consider the following points in making its decision. In addition to
the points raised in our letter of December 5, 1981, the Planning Board would
like to submit the following specific concerns to this project:
1. The project in question fronts on a paper street. The definition of lot in
the Salem Zoning Ordinance is as follows:
"Lot -- a parcel of land occupied or designed to be occupied by a
principal building and the accessory buildings or uses customarily
incident to the principal building, including such yards and other
open spaces as are arranged and designed to be used with such
buildings. Such lot shall have frontage on an improved public street,
and may consist of a single lot of record, a portion of a lot of
record, or a combination of such. lots or portions of lots of record
provided that such lot is used for only one principal use."
The Planning Board questions if a variance for square footage for a lot can
be requested when the parcel of land does not fulfill the definition of lot
in the Zoning Ordinance.
2. If the variance from the density requirements of the Zoning Ordinance is
allowed, it would serve to create lots that are 40% under the current zoning
requirements. Since this lot borders a substantial amount of undeveloped
land, the Board feels that it would initiate a bad precedent in creating
additional non-conforming lots in an area which will see future development.
3. The application submitted for this variance does not mention that a fifth
lot would be created almost by default if a variance is granted for the four
lots. The application requests a variance in density for four lots. The
Planning Board feels that the variance would, once again by default, be
granted to five lots.
4. Since this request for a variance has been ruled on by the Board of Appeal
once before, the Planning Board would like to state at this time that they
do not feel that the minor changes in amount of frontage and square footage
constitutes a substantial change in the application.
TO: Board of Appeal
FROM: Planning Board
RE: Edward Morgani Page 2
The Board would also like at this time to clear up one past misconception on
the part of the applicant. This application cannot be endorsed by the Planning
Board as a Form A, but needs full subdivision approval under a Form B and a
Form C.
The Planning Board wishes to thank the Board of Appeal for originally conditioning
their approval of the density variance on Planning Board's approval. Since
this development is a subdivision, the Planning Board appreciates the cooperative
spirit of the Board of Appeal.
WALTER B. POWER, III
Chairman, Planning Board
ICON
_ z
ft�i# ofJAI �tlem, tt�scu�e
Pourb of cAppeal '82 MAR 17 A10 :49
DECISION ON THE PETITION OF EDWARD MORGANI CITY C, 11 OrFICE
REQUESTING A VARIANCE FOR LOTS 46-52 GREENLAWN AVENUE SALEM 'N A S
A hearing on this Petition was held on March 10, 1982 with the following
Board Members present: Douglas Hopper, Chairman; Messrs. Hacker, LaBrecque,
Piemonte and Feeherry. ' Notices of the hearing were 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.
This property is currently the subject of a prior variance dated October 14,
1982. However, the Petitioner has requested a new variance for Lots 46-52 Greenlawn
Avenue to divide the property into four lots as shown on the plan dated December 31,
1981, Submitted to -the- Board. A variance is requird because the 1ots 'to
be created as shown on the plan, submitted to the Board will all be non-conforming.
The Board of Appeal, after consideration of the evidence presented at the
public hearing and after viewing the property makes the following findings
of fact:
1. The lots in the surrounding area are similar in size to those
which Petitioner wishes to create.
2. No substantive opposition was raised to petitioner' s plan by
neighbors.
On the basis of the above findings of fact, and the evidence presented
at the public hearing, the Board of Appealconcludesas follows:
1. The property in question is unique because of its peculiar
configuration and because of the ledge at the site and the
manner in which the property slopes up from Greenlawn Avenue.
In addition, the present configuration of the lots imposes a
hardship on the petitioner by restricting his development
of these lots in a manner which is consistent with the sur-
rounding area.
2. The conditions described above especially affect the land in
question but do not generally affect the zoning district in
which the land is located.
3. The conditions described above which affect the land in question,
but not the zoning district generally cause special financial
' /� hardship to 'the Petitioner.
Ta DECISION — March 10, 1982 — EDWARD MORGANI RtiCk's '
Page 2
082 MAR 17 A10 :49
4. The desired variance may be granted without stantial
detriment to the public good. �1$Y Ci-rR % OFFICE
SA_EN1
Therefore, the Board of Zoning Appeal voted 4-1 in favor of
approving the grant of the requested relief (Mr. Piemonte voted
"present") . The Board grants a variance to the Petitioner on
the following terms and conditions. .
1. Petitioner may combine Lots 46-52 Greenlawn Avenue into
four single family lots as shown on the plan submitted to
the Board.
2. This variance is conditioned upon the approval of the
Petitioner's plan by the Planning Board and any conditions
imposed upon Petitioner by the Planning Board shall
be incorporated into this decision.
3. Petitioner shall submit all plans to the City Engineer
who may then review these plans to determine whether they
adequately deal with drainage at the site. The City Engineer
shall, in his sole discretion, modify such plans as they
relate to drainage if he deems that to be necessary.
4nthony M. Feed r
APPEAL n„ T: i, :, 3F .A7:i P�� .:T TO ViOF! 17 U Ti- .'MASS.
GFi V'..;. D:ii4, -i:.,; NiE D\ � Oi FIL!irG
CP T 3 M: i i fl,!' Gin Gil
i -
F0
irL: G•lhr'E!R
OF RECORD OR IS REC:R-iEO-P 'O 'TOTED 0r T CI iER S Cui-;RC: E OF Tj-L
BOARD OF APPEAL
A COPY OF THIS DECISION AND PLANS HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . .
® (94# ttftt1PY>tt, tt��tt� 1i�E##s
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TO THE BOARD OF APPEALS:
the pro osed purchaser
The Undersigned represent that he is ? �x �WzM of a certain parcel of land located
at NO. LOTS '46-52 cREENLAWN-AVE. . . . . . . . . . . . . .itKHat; Zoning District—R-.1 .
• . • . • • • • . . . . . . . . . . . . . . . . . . . . . : and said parcel is affected by Section(s).YJJ> 133,,, Vj,A, , ,
of the Massachusetts State Building Code. and/or Salem Zoning Ordinance.
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance.
DIRECT APPEAL
cr rn m
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CA� o
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The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
DIRECT APPEAL
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed, as the enforcement of said
Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons:
The Petitioner intends to purchase the seven small vacant lots shown on the attached plan
and combine them into four Larger lots, Lots A-D as shown on the plan. All lots would be used
as single-family house lots . Petitioner and members of his family would occupy three of the
Lots. Petitoner's proposed combination would create Lots with 94.26 feet of frontage, each
with an average area of about 8,500�square feet. Because of the size and shape of Petitioner's
parceL, a condition especially affecting his land but not generally affecting other Lands in the
same district, Petitioner's proposed combination would create lots of less than 15 ,000 square
feet. Petitioner notes that the parcel of Land involved is part of an old subdivision where the
great majority of existing dwelling lots are in the 5 ,000 to 7,000 square foot range, well under
the size of Petitioner's proposed lots . These existing Lots contain mostly single-family houses
The Petitioner's plan would result in single-family homes on four lots substantially larger than
most Lots existing in the area. Therefore, Petitioner's proposed four Lots would not substantiall:
derogate from the intent and purpose of the zoning ordinance or otherwise be detrimental to the
public good. To implement his plans and avoid the necessary hardship, which Literal enforee-
ment of the zoning ordinance would create, Petitioner seeks a variance.of the zoning crdinance
from section VIII B.3 as to division of land and from section VI A as to Lot area .
Telephone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Petitioner. . .>acd`4'ard, :, Morgans , , , , , , , , , _ , .
15 Dunlap Street
Adss. . . . . .SaIem.,. .MAas. . . . . . . . . .
, .
Date. .1/,WA� . . . . . . . . . . . . Telephone. 7`k $34 d?! . . . . . . . .
By. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Three copies of the application must be filed with the Secretary of the Board of
Appeals with a check, for advertising in the amount of. .$53 ,35. . . . . . . . . . . . . . . . . .
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
DATE OF HEARING
PETITIONER
LOCATION /JT S h���Z (�rn�n f/1(Nf�/JI/Pi7/dam
MOTION: TO GRANT SECONDED
TO DENY SECONDED
LEAVE TO WITHDRAW SECONDED
ROLL CALL ABSENT PRESENT GRANT DENY WITHDRAW
ANTHONY FEEHERRY
JAMES HACKER
DOUGLAS HOPPER Y / a
0
ARTHUR LA B RECQUE
JOSEPH PIEMONTE
ASSOCIATE MEMBERS
EDWARD �LUZINSKI
JEAN-(�Yj'dARTINEAU
DISCUSSION & CONDITIONS:
y..fAND
a
@li#v of �$afjv t, ?I2S?IC�IiSP##s
Pottrb of � Pttl
<r
MARCH 17, 1982
NOTICE C IS HEREBY GIVEN THAT AS OF THIS DATE THE DECISION OF THE BOARD OF
APPEAL HAS BEEN FILED AT THE OFFICE OF THE CITY CLERK TO GRANT THE PETITION
OF EDWARD MORGANI FOR A VARIANCE TO DIVIDE THE PROPERTY AT LOTS 46-52
GREENLAWN AVENUE INTO FOUR LOTS.
BOARD OF APPEAL
ANTHONY M. FEEHERRY
APPEAL FROM THIS DECISHTM, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LAWS, CHAPTER 208, AIID SHALL SE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF 'HIS DECISION IN THE OFFICE OF THE CITY CLERK. THE VARlAP:CE CR SPECIAL PERY!IT
1 II,N° 71 L I'S Gli .*R , + 11.
P�JPSAt.T it, !;ASS. CNE C7BT-
Sar"1L I4, '1':E trt tF J'T.l. A C1 f '.ii �1 cL`•
(crt JiED H:it�Cl, i,- p > I n b 1 D,
FrkTW1, OF THL CI:Y C_ER°t {'.Ai 20 ✓`... 1
OR Inr.T. IF SU'H IN A2° AI RaS B Ft l i '_.._
RECORDED IN THE :;j10 E'SE\ RE' �Y 6 n�Da D °°"'� "��' `� I"` ,�A i_ OF THE OWNER
OF RECORD OR IS RECDRDED AND ti01 ED ON THE OWNERS cERFIFICATE OF TITLE.
BOARD OF APPEAL
CITY `
BOARD OF APPEAL
ij�jje�I'Gaebw it in
FE826'82 :V
SALEM, .
� . ~°
Emmanuel and Dimitra &lexaudcon '
17 Cloverdale Avenue
Salem, M& 01970
�,
i
� ����
leg al
leg ml PL
KILL 02 9 e 1104 81
30PROOFS` —
CITY OF SALEM
BOARD OF APPEAL
745-0215
Will give a public
hearing for all persons
interested in the petition
submitted by Edward
Morganf for a variance
to combine Lots 46.52
Greenlawn Avenue (Rd
District) and divide
them into four lots with
94.26 it.frontage and an
average area of 8500 sq.
ft. Said hearing will be
held on Wednesday.
March 10, 1982 at 7:00
P.M. at One Salem I�
Green,3rd floor.
ANTHONY M.
FEEHERRY,
Secretary j
{ Feb.24;March 3,1982
i
i }
r
I
LAW 'OFFICES Memo '
JOHN R. SERAFINI
65 FEDERAL STREET, SALEM, MASS. 01970
TEL NO. (617) 744.0212
TO: Ms. Claudette Martineau February 1, 1982
Board of Appeal DATE:
One Salem Green
SUBJECT:
Salem, Massachusetts 01970
Dear Claudette:
`OLD In connection with the March meeting, enclosed please find `OLD
application for Edward Morgani together with check in the amount of $53 .35 and
check in the amount of$0.00.
S,GNEDCatherine A. Conrad, Secretary to
7
FORM NO.MEI2N.THE STATIONERY HOUSE.INC.,1000 FLORIDA AVENUE,HAGERSTOWN,MO.21740 John R• S erafini, Esquire
i
L
leg!-.. 2 leg ml PL
KILL tit i;eAl_0481
30PROOFS
CITY OF SALEM
BOARD OF APPEAL
745-0215
Will give a public
hearing for all persons
interested in the petition
submitted by Edward
Morgani for a variance
to combine Lots 46-52
Greenlawn Avenue (R-1
District) and divide
them into four lots with
94.20 it. frontage and an
average area of 8500 sq.
ft. Said hearing will be
held on Wednesday,
March 10, 1982 at 7:00
P.M. at One Salem
Green,3rd floor.
ANTHONY M.
FEEHERRY,
Secretary
Feb.24;March 3,1982
l
legal leg ml PL
KILL 029e.110481
30 PROOFS` --
CITY OF SALEM
BOARD OF APPEAL
745.0215
Will give a public
hearing for all persons
interested in the petition
submitted by Edward
Morgan for a variance
to combine Lots 46-52
Greenlawn Avenue (R-1
Districi) and divide
them into four lots with
94.26 ft. frontage and an
average area of 8500 sq.
ft. Said hearing will be
held on Wednesday,
March 10, 1982 at 7:00
P.M. at One Salem -
Green,3rd floor.
ANTHONY M.
FEEHERRY,
Secretary
�, Feb.24;M arch 3,1982
legal leg ml PL
KILL 029e.110481
30 PROOFS`�`
CITY OF SALEM
BOARD OF APPEAL
745-0215
Will give a public
hearing for all persons
interested in the petition
submitted by Edward
Morgani for a variance
to combine Lots 4632
Greenlawn Avenue (R-1
District) and divide
them into four lots with
94.26 it. frontage and au
average area of 8500 sq.
ft. Said hearing will be
.held on Wednesday,
March 10, 1982 at 7:00
P.M. at One Salem
Green,3rd floor.
ANTHONY M.
FEEHERRY,
Secretary
Feb.24;March 3,1982
legal leg ml PL
KILL 02 9 e.1104 81
30 PROOFS'-- --_—'
CITY OF SALEM _
BOARD OF APPEAL
745-0215
Will give a public
hearing for all persons
interested in the petition
submitted by Edward
Morgani for a variance
to combine Lots 46-52
Greenlawn Avenue (R-1
District) and divide
them into four lots with
94.26 ft. frontage and an
average area of 8500 sq.
ft. Said hearing will be
held on Wednesday,
March 10, 1982 at 7:00
P.M. at One Salem
Green,3rd floor.
ANTHONY M.
FEEHERRY,
Secretary
Feb.24;M arch 3,1982
1
legal leg nal PL
IIL 029e110481
0 PROOFS`-���
CITY OF SALEM
BOARD OF APPEAL
745-0215
Will give a public
hearing for all persons
interested in the petition
submitted by Edward
Morganf for a variance
to combine Lots 46.52
Greenlawn Avenue (R-1
District) and divide
them into four lots with
94.26 it. frontage and an
average area of 8500 sq.
ft. Said hearing will be
held on Wednesday,
March 10, 1982 at 7:00
P.M. at One Salem `
Green,3rd floor.
ANTHONY M.
FEEHERRY,
Secretary
Feb.24;March 3,1982
legal leg ml PL
ILL 02 9 0 11 04 81
30PROOFS` --_f
CITY OF SALEM
BOARD OF APPEAL
745-0215
Will give a public
hearing for all persons
interested in the petition
submitted by Edward
Morgan for a variance
to combine Lots 46.52
Greenlawn Avenue (R-1
District) and divide
them into four lots with
94.26 ft. frontage and an
average area of 8500 sq.
ft. Said hearing will be
held on Wednesday,
March 10, 1982 at 7:00
P.M. at One Salem
Green,3rd floor.
ANTHONY M.
FEEHERRY, .
Secretary
Feb.24;March 3,1982
legal leg ml PL
KILL 02 9 e 1104 81
soPROOFS
CITY OF SALEM _
BOARD OF APPEAL
745-0215
Will give a public
hearing for all persons
interested in the Epetition
dward
submitted by
Morganf for a variance
to combine Lots 46.52
Greenlawn Avenue(R-1
District) and divide
them into four lots with
94.26 ft.frontage and an
average area of 8500 sq.
ft. Said hearing will be
held on Wednesday,
March 10, 1982 at 7:00
p.M. at One Salem
Green,3rd floor.
ANTHONY M.
FEEHERRY,
Secretary
Feb.24;March 3,1982
legal leg ml PL
KILL 02 9^1104 81
30 PROOFS`'i_J
CITY OF SALEM
BOARD OF APPEAL
745.0215
Will give a public
hearing for all persons
interested in the Epetitiondward
submitted by
Morganf for a variance
to combine Lots 46.52
Greenlawn avers divide
District)
- them into four lots with
94.26 ft. frontage and an
average area of 8500 sq.
ft. Said hearing will be
held on Wednesday,
March 10, 1982 at 7:00
P.M. at one Salem
Green,3rd floor.
ANTHONY M.
FEEHERRY,
Secretary
Feb.24;March 3,1982
legal leg ml PL
KILL 02 9 e 1104 81
30PROOFS
CITY OF SALEM
BOARD OF APPEAL
745-0215
Will give a public
hearing for all persons
interested in the Epetition
dward
submitted by
Morgani for a variance
to combine Lots 46-52
Greenlawn Avenue (R-1
and div de
District)
them into four lots with
94.26 it.frontage and an
_ average area of 8500 sq.
ft. Said hearing will be
held on Wednesday,
March 10, 1982 at 7:00
P.M, at One Salem
Green,3rd floor.
ANTHONY M.
FEEHERRY,
Secretary
Feb.24;M arch 3,1982
legal ' leg ml PL
KILL 02 9 e 1104 81
30 PROOFS
CITY OF SALEM
BOARD OF APPEAL
745-0215
Wive a public
hearing for all persons
interested in the petition -
submitted by Edward
Morgan for a variance
to combine Lots 46-52
Greenlawn Avenue (R-1
District) and divide
them into four lots with
94.28 it.frontage and an
average area of 8500 sq.
ft. Said hearing will be
held on Wednesday,
March 10, 1982 at-7:00
P.M. at One Salem
Green,3rd floor.
ANTHONY M.
FEEHERRY,
Secretary
Feb.24;March 3,1982
I
legal leg ml PL
KILL 02 9 e 1104 81
30 PROOFS"—
CITY OF SALEM
BOARD OF APPEAL
745-0215
Will give a public
hearing for all persons
interested in the petition
submitted by
Morgani for a variance
to combine Lots 4652
Greenlawn Avenue (R-1
District) and .divide
them into four lots with
94.28 it. frontage and art
average area of 8500 sq.
ft. Said hearing will be
held on Wednesday,
March 10, 1982 at 7:00
p,M. at One Salem
Green,3rd floor.
ANTHONY M.
FEEHERRY,
Secretary
Feb.24;M arch 3,1982
legal leg ml PL
KILL 02 9 e 1104 81
30 PROOFS
CITY OF SALEM
BOARD OF APPEAL
745.0215
Will give a public
hearing for all persons
interested in the Epetition
submitted bydward
Morganf for a variance
to combine Lots 46-52
Greenlawn Avenue (R-1
District) and divide
them into four lots with
94.26 ft.frontage and an
average area of 8500 sq.
ft. Said hearing will be
held on Wednesday,
- March 10, 1982 at 7:00
P.M. at One Salem
Green,3rd floor.
ANTHONY M.
FEEHERRY,
Secretary
Feb.24;March 3,1982
i�
legal leg ml PL
KILL 029e110481
3oPROOFS
CITY OF SALEM
BOARD OF APPEAL
745-0215
Will give a public
hearing for all persons
interested in the petition
submitted by Edward
Morganf for a variance
to combine Lots 46.52
Greenlawn Avenue (R-1
District) and divide
them into four lots with
94.28 f[. frontage and an
average area of 8500 sq.
ft. Said hearing will be
held on Wednesday,
March 10, 1982 at 7:00
P.M. at One Salem
Green,3rd floor.
ANTHONY M.
FEEHERRY,
Secretary
Feb.24;March 3,1982
legal leg ml PL
KILL 02 9 ell 04 81
30 PROOFS
"�—
CITY OF SALEM
BOARD OF APPEAL
745-0215
Will give a public
hearing for all persons
interested in the petition
submitted by Edward
Morgani for a variance
to combine Lots 46.52
Greenlawn Avenue (R-1
District) and divide
them into four lots with
94.26 ft. frontage and an
average area of 8500 sq.
ft. Said hearing will be
held on Wednesday.
March 10, 1982 at 7:00
P.M. at One Salem
Green,3rd floor.
ANTHONY M.
FEEHERRY,
Secretary
Feb.24;March 3,1982
—r—
legal2 leg ml PL
KILL 02 9 e•1104 81
30 PROOFS"
CITY OF SALEM
BOARD OF APPEAL
745-0215
will give a public
hearing for all persons
interested in the petition
submitted by Edward
Morgani for a variance
to combine Lots 46.52
Greenlawn Avenue (R-1
District) and divide
them into four lots with
94.26 it. frontage and an
average area of 8500 sq.
ft. Said hearing will be
held on Wednesday,
March 10, 1982 at 7:00
P.M. at One Salem
Green,3rd floor.
ANTHONY M.
FEEHERRY,
Secretary
Feb.24;March 3,1982
legal leg ml PL
ILj, 029e110481
0 PROOFS`"—
CITY OF SALEM
BOARD OF APPEAL
745.0215
Will give a public
hearing for all persons
interested in the petition
submitted by Edward
Morganf for a variance
to combine Lots 46-52
Greenlawn Avenue (R•1
District) and divide
them into four lots with
94.26 ft.frontage and an
average area of 8500 sq.
ft. Said hearing will be
held on Wednesday,
March 10, 1982 at 7:00
P.M. at One Salem
Green,3rd floor.
ANTHONY M.
FEEHERRY,
Secretary
Feb.24;March 3,1992
legal leg ml PL
ILL 02 9 e 1104 81
0 PROOFS`---
CITY OF SALEM
BOARD OF APPEAL
745-0215
Will give a public
hearing for all persons
interested in the petition
submitted by Edward
Morgani for a variance
to combine Lots 46-52
Greenlawn Avenue (R-1
District) and divide
them into four lots with
94.26 it.frontage and an
average area of 8500 sq.
ft. Said hearing will be
held on Wednesday,
March 10, 1982 at 7:00
P.M. at One Salem
Green,3rd floor.
ANTHONY M.
FEEHERRY,
Secretary
Feb.24;March 3,1982
legal leg ml PL
{ILL 02 9 e:104 81
0PROOFS`- l
CITY OF SALEM
BOARD OF APPEAL
745-0215
Will give a public
hearing for all persons
interested in the petition
submitted by Edward
Morgani for a variance
to combine Lots 46-52
Greenlawn Avenue (R-1
District) and divide -
them into four lots with
94.26 ft. frontage and an
average area of 8500 sq.
ft. Said hearing will be
held on Wednesday,
March 10, 1982 at 7:00
P.M. at One Salem
Green,3rd floor.
ANTHONY M.
FEEHERRY,
Secretary
Feb.24;March 3,1982
legal leg ml PL
IL•L 029x.110481
OPROOFS`"-'�—f l
CITY OF SALEM
BOARD OF APPEAL
745-0215
ill give a public
hearing for all persons
interested in the petition
submitted by Edward
Morgan for a variance
to combine Lots 48-52
Greenlawn Avenue (R-1
District) and divide -
them into four lots with
94.28 It.frontage and an
average area of 8500 sq.
ft. Said hearing will be
held on Wednesday,
March 10, 1982 at 7:00
P.M. at One Salem
Green,3rd floor.
ANTHONY M.
FEEHERRY,
Secretary
Feb.24;March 3,1982
legal leg ml PL
ILL 029e110481
0PROOFS`'—
CITY OF SALEM
BOARD OF APPEAL
745-0215
Will give a public
hearing for all persons
interested in the petition
submitted by Edward
Morgan for a variance _
to combine Lots 46.52
Greenlawn Avenue (R-1
District) and divide
them into four lots with
94.26 ft.frontage and an
average area of 8500 sq.
ft. Said hearing will be
held on Wednesday,
March 10, 1982 at 7:00
P.M. at One Salem
Green,3rd floor.
ANTHONY M.
FEEHERRY,
Secretary
Feb.24;March 3,1982
9. r
z 1; f�iit ofIPm, tzstz��juE##
s Poar3 of '4vml
t,
February .5, 1982
Office of the City Assessors
City Hall
Salem, MA 01970
Gentlemen:
I would appreciate having a list of abutters for the
following properties for a public hearing scheduled for March, 1982.
Please forward said list to Claudette Martineau,
.c/o Salem Planning Department, One Salem Green.
ADDRESS OWNER
11-19 Greenlawn Ave. Edward Morgani
7 Wheatland St. Wilfred Pettipas
135 Loring Ave. Brian Walsh
Thank you for your cooperation.
Sincerely,
Claudette Martineau
I
SUBDIVISION PLAN "
LAND OF DONALD S. a ANN J. EMMERTON o w
GREENLAWN AVENUE & GLENN AVENUE
� Y
SALEM , MASS. DEC . 31 , 1981 SPR/ ,
c N�sruF •
:� qVf PJE
SCALE I " = 40'
11 = 40' HORIZ . CLOY-/ERDD �.E •_ .__::.,:.:
EDGE
I� PAVEMENT
= 4 VERT.
,. EXIST 8 SAN 4o VERDON ST, REQ.�AWra ; ;AVE
+ �, a - ._..:.z
f " a INV = 123.13 ---0
CLOVERDALE AVENUE
�! \�6 w r
` rf <,/1 3 100.90' ORLEANS AVE PND p1E
800 0 400 800
I HEREBY CERTIFY CONFORMANCE TO THE RULES
AND REGULATIONS OF THE REGISTRY OF DEEDS /'GEORGIA J. WALSH 1
LOCUS' I = 800'
IN THE PREPARATION OF THIS PLAN . s O LOT E
ANNE ROMANO b. . . . _ . . . . . _ . . . . . . . . ..
9273 S.F.
DONALD S . &
100.59' _ '
ANN J. EMMERTON
20.45.
80.14' 80.14. 80.14' 80.14'
+0 APPROVED
FRANK P. & / \. SALEM PLANNING BOARD
CHERYL A. ----------
LOT
-� . \
M L A
OT LOT B
. +, . LOT C LOT U
Q ROMANO -4 +I 40
_ � 1
6" WATER �� 8780 S•F /o 8620 S.F. 8430 S.F. 8110 S.F. �_ 138
CONNECT TO -1v \ 0)
EXISTING AT 4 /*
MARLBOROUGH D. S.B.(PROP.) 136
109. 13' S.B. 94 26 ' 94, 26
94.26' (PROP) 94.26' -
�EX IST. 8° SAN — _ PROP. WATER 32.58'
PROP. 8" SAN. a-- — — gi o n
�— EXIST. MH _ /
4 0� / N PROP. MH - \� PROP. MHI
co / { _� GREENLAWN AVENUE
X `pti \ 1 2 140138 16 Z
w CHARLES J. & JOSEPH A . 8s z DATE
I 7144
\Ra ROMILDA V. MENEADES IRENE B. FINOCCHIO uj
EDGE U)
PAVEMENT
150 VERTICAL CURVE 150
L = 100' � !
I
- - - - -
EL. PV.1=146.11
z
o PROPOSED q v W W
> N:tl
EXISTING LEFT i140140
- - - EXISTING (L '
EXISTING RIGHT AL
S = 0.008 FT./ F7 . INV= 134.90
EXIST. 8 SAN. SEWER INV = 133.30
INV.= 131.30 PROP , ON O N N po
p� O O u r� O n W O) V N O, Co O —
5;p.035 V 30 a v in in V Kj N O 0,1, aD
�t v ct V moi, M! M 1
— —
Oto 1 +0 2+0 +50 +80 3+0 +30 +80 4+0 -+50 5�O 5+50 GREENLAWN
PROFILE 0+0 GLENN I+0 +10
SCALE
OWNER : DONALD S. a ANN J. EMMERTON
HORIZ 40 0 40 141 HIGHLAND AVE .
VERT 4 O 4 SALEM , MASS .
- - _ _II
I
SUBDIVISION PLAN "
0
a- r
LAND OF DONALD S. 81 ANN J. EMMERTON o w
GREENLAWN AVENUE 8 GLENN AVENUE o Y
SALEM , MASS. DEC . 31 , 1981 saR,
NG SIU �„
F 4 .
SCALE I " = 40' HORIZ . cLov--Ek�o �E✓f Pic
EDGE
1 = 4 VERT. PAVEMENT REEr'AW.y
VERDON ST` ; ,A✓E
EXIST 8 SAN__-0 40
1NV = 123.13T CLOVERDAILE AVENUE �� �h4i w
v !•�' � ,.�' $� ORLEANS AVE AJL
100.90NANO
/ ("•F�ro�n `: 136_-_-_— -� 800 0 400 800
I HEREBY CERTIFY CONFORMANCE TO THE RULES
AND REGULATIONS OF THE REGISTRY OF DEEDS GEORGIA J. WALSH / LOCUS' 1 "= 800'
IN THE PREPARATION OF THIS PLAN . O LOT E
ANNE ROMANO o. . ' • • . • • • • . . . • • • • ..
9273 SF. Z
LL' DONALD S . a
ANN J. EMMERTON
4.i6' \100.59'
20.45 .
80.14`. '
80.14 80.14
: I +0 APPROVED
FRANK P. \: SALEM PLANNING BOARD
CHERYL A. / --`
ro LOT A: LOT B 1 : LOT C LOT D 40
_ Q ROMANO ; o _±,
6" WATER O / �� 8780 S.1 /h 8620 S.F. 0 8430 S.F. 8110 SF. �_ 138
CONNECT TO \
EXISTING AT --40
MARLBOROUGH D.
I� S.B (PROP.)
• � 136
I C 9. 13 S.B. 94. 26
94.26' ;PROP) 94.26' / . y4 26
EXIST. 8"_SAN. - �— — _ PROP. 6 D.I. WATER 32.58' MH
MH _ _ _ S'
OP. 8 SAN. a—ROP. p
EXISo \ �/ + p
.F. T. L� _ 'P /
4
N=
ed PMH �r P. I v�
�co GREENLAWN AVENUE PRO
b(P Opti 142 14038 1 6
w CHARLES J. 81 JOSEPH A . & Z DATE
I �a° ROMILDA V. MENEADES IRENE B. FINOCCHIO 144
EDGE `9
PAVEMENT
150 150
VERTICAL CURVE
L = 100'
EL. RV.I•=146.10
Z
Q �— Z
o PROPOSED (L / v W w
> \ (9a
� \ 9 =
140 EXISTING LEFT S-
140
- - - EXISTING t
EXISTING RIGHT
S = 0. 008 FT./ FT . INV= 134.90
EXIST. 8 SAN. SEWER INV = 133.30
INV.= 131.30 PROP ' O _ O N N N N N CD
p O I� O to N 0i N O 0� t0'LO —
0 035a - � N M � to to I in d' rn N O c M
s 130 �_ d cr v d v_ 71
130
Oro I +O 2+0 +50 +80 3+0 +30 +80 4+0 •50 5.0 5+50 GREENLAWN
PROFILE 0+0 GLENN I+0 +10
SCALE
OWNER : DONALD S. 8 ANN J. EMMERTON
HORIZ 40 0 40 141 HIGHLAND AVE .
VERT 4 0 4 SALEM , MASS .