12 GREENWAY ROAD - ZBA (2) 12 Greenway Rd. R-1
Paul Baliotis
a
Ctu of -Sourb of �'-�trpettl
DECISION ON THE PETITION OF PAUL BALIOTIS FOR VARIANCES d AT 12 GREENWAY ROAD (R-1 ) = ;Nf; fN7 io
A hearing on this petition was held January 31 , 1990 and continued until March
7, 1990 with the following Board Members present: James Fleming, Chairman;
Richard Bencal , Vice Chairman; Edward Luzinski , Richard Febonio and Associate
Member Peter Dore. Notice of the hearing was sent to abutters and others and
notices of the hearing were properly published in the Salem Evening News in
accordance with Massachusetts General Laws Chapter 40A.
Petitioner, owner of the property, is requesting variances to divide parcel into
two lots, and to construct a single family on one lot with the existing single
family to remain as it is at 12 Greenway Rd. Property is located in an R-1 zone.
The specific variances requested are, for lots identified on plan submitted as
A & B on which the existing home sits; minimum lot area and lot area per dwelling
unit to allow 7732+ sq.ft. ; lot width to 75+ft. ; front yard to allow 10+ ft. and
accessory building side and rear setback to 2+ft. On lots identified as C & D
(proposed dwelling) , Minimum lot area and lot area per dwelling to allow 7,699+
sq. ft. and front yard of 14.39+ ft.
The Variances which have been requested may be granted upon a finding of the
Board that:
a. special conditions and circumstances exist which especially affect the land,
building or structure involved and which are not generally affecting other
lands, building and 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 of the purpose of the Ordinance.
The Board of Appeal , after careful consideration of the evidence presented at the
hearing, and after viewing the plans, makes the following findings of fact:
1 . The lot as it is now is significantly larger than other abutting lots
or those in the general district.
2. Petitioner has met with neighbors, abutters and others to reach a plan
agreeable to all parties.
3. For this lot to be left as is would cause financial hardship to petitioner.
4. The proposed lots would be closer in size to abutting lots and thus would
not derogate from the intent of the district.
5. The present dwelling and the proposed dwelling would be used as a single
family only and would thus be in harmony with the district.
DECISION ON THE PETITION OF PAUL BALIOTIS FOR VARIANCES AT
12 GREENWAY ROAD, SALEM
page two
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 exist which especially affect the subject property but
not the district in general .
2. Literal enforcement of the provisions of the Ordinance would involve a
substantial hardship to the petitioner.
3. Desirable relief can 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.
Therefore, the Zoning Board of Appeal voted unanimously 5-0, to grant the variances
requested, subject to the following conditions :
1 . Petitioner comply with all requirements of the Salem Fire Dept.
2. All construction be done as per all existing City and State Building Codes.
3. All construction be done as per plans and dimensions submitted, included
that the proposed dwelling have:
a. a top of foundation elevation;
b. a basement floor elevation;
c. a driveway; and
d. a soil contour,
all substantially at elevations set forth as either existing or proposed in
"Grading Plan of Land on Greenway Road in Salem, Mass. for Steven Baliotis,
Hancock Survey Associates, Inc. , 2 Electronics Avenue, Danvers, Mass. , Dated:
February 22, 1990; Scale: 1" = 20' ."
4. A Certificate of Occupancy be obtained for the new dwelling.
5. Proper numbering be obtained from the City of Salem Assessor' s Office.
6. All grading and soil contour be as per the plan submitted and noted as
"Grading Plan of Land on Greenway Road in Salem Mass. for Steven Baliotis,
Hancock Survey Associates, Inc. , 2 Electronics Avenue. , Danvers, Mass. ,
Dated February 22, 1990; Scale: 1 " = 20' ."
7. The proposed dwelling have granite curbing as set forth in grading plan.
8. Satisfaction of said conditions shall be evidenced by the issuance to the
petitioner of a certificate of occupancy for the proposed dwelling.
GRANTED
idZeL�-14
Wchard A. ncaairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
- -- - ji
l n J f B4e wo lel
r.r. ,,, Hill, + Il En �•-
JLa 'Ha::
1 wn .,n•_-. . � 6 .
U / ?j • Z Neu` � '
r SALEM '.`
QQa [ i 11•n S Sd
19r 9 /f yJ 1 ` } .. ♦ i bsta m^!��I�
Ila
iN
I J�
!oGolf-.LI11
..
-
\ Fri G Si' I T AN i C U S MAP
SGALB I:ZSOOG
4'� y3 I I
a
ASSESSORS MAP 14
\ � � �J i is••� )D a � Ex. i
Ex. V- e 8^ok 3 rrr DEED 68S8 PG 47/ _
vti. :.rao�/ DEFv BcdK S53c PG r,00
rg / _ L• l ' Dre-u Aeo/: i437 Pew ZGC"
4 PL.4.v Aoe v 58 PL 4Ay 77
qF`•A� 8 lr /ONW
Y p4o sNLct/E/AAb✓ 04T•EU J�Ay/S9
O.✓ BoA?D
I� TC N/GNGANG .4✓E.
C-rRAD I NG
f
PLAN OF LAND
.. NNP(RROPOSED BUjg DlfI FO/EEUND/IT/AA/ COA/FAQGVRAT/4V AMP L044r1VN ON "T AS SNOWAK NJ
%�evp0 o.5 ✓6`dY•uAb'ej PAI,t�Tti CC�csTR'K�na�i WATd FAA/,L 4AKJ//TECTU[•aL a G RE E N WAY ROAD
LEGEND Z • PX0Pd5E0 PVf6"1W6 LecATAeav ay oTNE,FS
E'm srAF/G nWELL/A/G ��.,.a... 3. 7WO6•t A4 iNY BY e.+!- Geocw0 svt VEY l►Y
PROP 63 EO OWEL.L/Nb Q 4. EcE✓AT/w DAn" l5 Mr4,v 40w W,47 ',( S A L. E M, MASS
FoR
EOGE of T',Q,ovEL Eo WAY ram— C �-•c C ^ ' Q /�
E.A/S r/A/S 4RAw//TE Gvsd __— S ! L V L/ Y 8A'1 �- 1 0T(-S
PROP4S.6A „d4AA/TF. CU,ee
EP`tN OI MAdJ'
O'K,5T/A, 4 PRA/N W/ CB a✓o MN --lS•O - --®.___: .F.A 90
x/aTw G CONTOVK L d' s NANCaGK SURVEY ASSouATE$ INC .
SHARRY III
CIVIL AVE LWNVE.?S� MASS
PROPeas EO cdw roale O i •�+ 9No.31185�
EYAST/w 4 SPoT GRAAE 5-«j LJ 9 FC�s� P�•'A..�
o,F c oArer.' FEaAzuaey u, lyyo
a xASTAW;� REMAVe'VG W44L v—V_�-�- ��- S EF.`.'ya'• Su1cE / ^ r zO'
PLAN OF LAND
IN
SALEM , MASS
SEPT. 14, 1989 SCALE 1"=20'
Cape Ann Land Surveyors, Inc. GRAPHIC SCALE
- Danvers, Mass. m a tU „ „ eu
� � y 1
( ix nz7 )
1. Inch 20 f
NOTES:
Lots A and B are to be combined
�1 C^ E RD N to form one contiguous lot.
.1r'
Lots C and D are to be combined
to form one contiguous lot.
s
�Igti.T i
For title reference see deed book
9437 page 265 filed in the Essex
South Registry of Deeds.
#10 Lots and C are subdivision of
� Lot 11 shown on plan entitled
Ocean View Park Highland Avenue
Development, owned by Almy Trust,
ci Salem, Massachusetts, May 1929
1 y , S0 0 revised April11, 1934 T.A. Appleton
C.E. recorded in the Essex South
Registry of Deeds in book 3530
page 600.
Lot A Is shown on Salem Assessors
.,� ��. ' 2 �� map 14 lot 185 and lot B,C, and D
are shown on map 14 lot 184
Existing 2 `f�•
Dwelling `S00 `�o. �'0� Owner of record: The PAB Trust
on file in book 9437 page 265 filed
`pro in the Essex South Registry of Deeds.
LOT A\ /� oo LOT B Q( M1r�°tia�,�q�
`' �0°'2,732.8 sq. ft. `�ti �t �YaTm
5,000 sq. ft. ' , f T
J/9��00r�` � 00•
O• �
m 1\ z
d 1' iA
\ 22� vim- O
o c+ 00.ly 9G Q G5 ry,50 O CR 0 �s y6 h
4
AAo LOT D�
4,• S.y N
`10, t �pfP 5,432 sq. ft.
/OC 4' Z
O 0
.ta
0,os �o 1 certify that this plan was prepared in
��5,
Planning Board approval under the ,'n accordance with the Rules and Regulations
�
Subdivision control law not required. -y 'y >� °�o� 4� of the Registers of Deeds.
SALEM PLANNING BOARD
040 �y
.r
FOR REGISTRY USE ONLY
G�
c
Oro i
ORAWY BM J B. DAIS 9114189 �) !
jaEffED Br. E.B. DRAMc ,VD.: 20701
xB wQ:
207 sxffr 1 OF 1
i
i
DECISION ON THE PETITION OF PAUL BALIOTIS FOR VARIANCES AT
12 GREENWAY ROAD, SALEM
page three
'Nppeal from this decision,if any, shall be made pursuant to Section 17 of
the Mass.General Laws,Chapter 808, and shall be filed within 20 days
after the date of filing of this decision in the office of the City Clerk.
Pursuant to Mass. General Laws, ChL,.'sr 808, Section 1I, the Variance
or Lpecial Permit granted herein s'n_.11 not take effact until a copy of the
decision, bearing the certification of the City Clerk that 20 days have
elapsed and no appeal has been filed, or that, if such appeal has been
filed,that it has been dismisseii or denied is recorded in the South Essex
Registry of Deeds and indexed under the name or the owner of record or,
is recorded and noted o:i the owner's Certificate of Title.
BOARD OF APPEQ,
J
1