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23 JACKSON STREET - ZBA &WERSAL . UNV-12113 MADE IN USA /Q\SUSTAINABLE MIN.RECYCIED I�FSTRY INITIATIVE CONTENT10%® POST-CONSUMER [e fipro Sourcingwwwsfproarem.orp swrzao r Zoning Board Proiect Status Sheet Address & Applicant: 0.A 2 Date Submitted to BOA: d Clerk Stamp: Variances Only - Constructive Approval Date: (100 days rrom ring) ef Abutters List Requested: Aim Abutters Notice Sent: Z 4 /Notice to Abutting Cities & Towns, Councillors: 2A egal Notice posted at City Hall: (1a days nerbre atecfiae) 2. d Legal Notice Emailed & Confirmed: 5/ Legal Notice Posted on Web:. D/ Agenda to Applicant: Applicant's email address or fax number to send agenda: Opened at Meeting: -1-11g] 5 Continued Meetings: t—+Z�E Extension Form(s) Signed & Clerk Stamped? Closed at Meeting: g it5 Decision: Decision Filed: Appeal Period Over: (21 day after Ace m filed)/decision Sent to Applicant: d Notice of Decision Sent to abutters, cities and towns, councillors: CITY OF SALEM ASSESSOR'S CERTIFICATION OF ABUTTERS AND "PARTIES IN INTEREST" BOARD/COMMISSION: Board of Appeals PROJECT SITE 17 Vale{25 0660_01: 23 Jackson {25_0661_0} DATE: 8/17/2015 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 ignature: or Date: d 0 / Number of initialed pages attached: Once Certified, Return to: Erin Schaeffer Department of Planning and Community Development 0 CITY OF SALEM PLANNING BOARD Public Hearing Notice City of Salem Planning Board Will hold a public hearing for all persons interested in the application of WAYNE and MARIA MALIONEK requesting a waiver of frontage requirements of the Subdivision Control Law located at 23 JACKSON STREET and 17 VALE STREET (Map 25 Lot 661 and Map 25 Lot 660) (R2 Zoning District). The public hearing will be held on Thursday, September 3, 2015 at 7:00 PM, at 120 Washington St., 3rd floor, room 313, in accordance with Chapter 40A of the Massachusetts General Laws. A copy of the application and plans are on file and available for review during normal business hours at the Dept. of Planning& Community Development, 3`d Floor, 120 Washington St., Salem, MA. Ben Anderson, Chair Planning Board Salem News: 8/20/2015 & 8/27/2015 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 - PHoNE 978.619.5685 Fnx 978.740.0404- www.sALEM.coml I 10 �0© S+ L:1 h l✓ Q� N ^ - i JPohe sunori i a Q � twsc oo�'r°" O W Q o PN ti P� O o0 0A s� �QQ ON QPNS WW �G WUSH e y ,N� ®us Wplmry X10 ��P�t - - -No " llfieae�'9 --,, srsznn d a O $uan It � Q 16 y rn QO W • W' . W.O. OR w p. d9 \� • �� \� M1RUR d E a O � • l .0 �r�R.'e n » IL and QNB o Q t JACKSON STREET m m F Q 5'• N i Li ell 1� %� o�y 2 f FS 2 IpI P u �iFi � �i F s - * -0 E OR �� 6 V 'Q, 'S �. Q 1 c M . — Q --- Q J J- t BERT_U_CC�O "'z Nq Nme mn.no nmuu..ne..e CUL d p�mmeRww�mRr.m. 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EdqueNlrrems wumeneponeeblee EDquele pmcetlente deluentea ED mo Rev 05.25.12 F� FSC COW278 LE Patriot Properties Salem 08/18/2015 Abutters List 12:33:09PM Filter Used: DataProperty.ParceIID='25-0354-801' OR DataProperty.Parce[ID='25-0354-802' F B i 08/18@015Salem- -, s n -ts L sew � ..,§. x' r ParcellD Location Owner Co-Owner Mailing Address Citv State Zip 25-0354-801 51 BROAD STREET U1 PARKER CHARLES D 51 BROAD STREET U1 SALEM MA 01970 25-0354-802 51 BROAD STREET U2 JANE ELLEN WEEKS TRUST THE WEEKS JANE ELLEN TR 51 BROAD ST U2 SALEM MA 01970 End of Report CITY OF SALEM PLANNING BOARD Public Hearing Notice City of Salem Planning Board Will hold a public hearing for all persons interested in the application of WAYNE and MARIA MALIONEK requesting a waiver of frontage requirements of the Subdivision Control Law located at 23 JACKSON STREET and 17 VALE STREET (Map 25 Lot 661 and Map 25 Lot 660) (R2 Zoning District). The public hearing will be held on Thursday, September 3, 2015 at 7:00 PM, at 120 Washington St., 3`d floor, room 313, in accordance with Chapter 40A of the Massachusetts General Laws. A copy of the application and plans are on file and available for review during normal business hours at the Dept. of Planning& Community Development, 3`d Floor, 120 Washington St., Salem, MA. Ben Anderson, Chair Planning Board Salem News: 8/20/2015 & 8/27/2015 120 WASHINGTON STREET, SALEM, MASSACHUSETI'S 01970 - PHONE 978.619.5685 FAX 978.740.0404- wwwSALEM.COM CITY OF SALEM PLANNING BOARD Public Hearing Notice City of Salem Planning Board Will hold a public hearing for all persons interested in the application of WAYNE and MARIA MALIONEK requesting a waiver of frontage requirements of the Subdivision Control Law located at 23 JACKSON STREET and 17 VALE STREET (Map 25 Lot 661 and Map 25 Lot 660) (R2 Zoning District). The public hearing will be held on Thursday, September 3, 2015 at 7:00 PM, at 120 Washington St., 3`d floor, room 313, in accordance with Chapter 40A of the Massachusetts General Laws. A copy of the application and plans are on file and available for review during normal business hours at the Dept. of Planning& Community Development, 3`d Floor, 120 Washington St., Salem, MA. Ben Anderson, Chair Planning Board Salem News: 8/20/2015 & 8/27/2015 120 WASHINGTON STREET, SALEM, MASSACHUSETCS 01970 - PHONE 978.619.5685 PAX 978.740.0404- WWW.SALEM.COM CITY OF SALEM PLANNING BOARD Public Hearing Notice City of Salem Planning Board Will hold a public hearing for all persons interested in the application of WAYNE and MARIA MALIONEK requesting a waiver of frontage requirements of the Subdivision Control Law located at 23 JACKSON STREET and 17 VALE STREET (Map 25 Lot 661 and Map 25 Lot 660) (R2 Zoning District). The public hearing will be held on Thursday, September 3, 2015 at 7:00 PM, at 120 Washington St., 3`d floor, room 313, in accordance with Chapter 40A of the Massachusetts General Laws. A copy of the application and plans are on file and available for review during normal business hours at the Dept. of Planning& Community Development, 3`d Floor, 120 Washington St., Salem, MA. Ben Anderson, Chair Planning Board Salem News: 8/20/2015 & 8/27/2015 120 WASHINGTON STREET, SALEM, NIASSACHUSE17s 01970 - PHONE 978.619.5685 PAX 978.740.0404- WWw.SALEM.coM CITY OF SALEM PLANNING BOARD Public Hearin Notice City of Salem Planning Board Will hold a public hearing for all persons interested in the application of WAYNE and MARIA MALIONEK requesting a waiver of frontage requirements of the Subdivision Control Law located at 23 JACKSON STREET and 17 VALE STREET (Map 25 Lot 661 and Map 25 Lot 660) (R2 Zoning District). The public hearing will be held on Thursday, September 3, 2015 at 7:00 PM, at 120 Washington St., 3`d floor, room 313, in accordance with Chapter 40A of the Massachusetts General Laws. A copy of the application and plans are on file and available for review during normal business hours at the Dept. of Planning& Community Development, 3`d Floor, 120 Washington St., Salem, MA. Ben Anderson, Chair Planning Board Salem News: 8/20/2015 & 8/27/2015 120 WASHINGTON STREET, SA EM, MASSACHUSETTS 01970 — PHONE 978.619.5685 Fav: 978.740.0404— www.sALEbl.co.,m 0 CITY OF SALEM PLANNING BOARD Public Hearing Notice City of Salem Planning Board Will hold a public hearing for all persons interested in the application of WAYNE and MARIA MALIONEK requesting a waiver of frontage requirements of the Subdivision Control Law located at 23 JACKSON STREET and 17 VALE STREET (Map 25 Lot 661 and Map 25 Lot 660) (R2 Zoning District). The public hearing will be held on Thursday, September 3, 2015 at 7:00 PM, at 120 Washington St., 3`d floor, room 313, in accordance with Chapter 40A of the Massachusetts General Laws. A copy of the application and plans are on file and available for review during normal business hours at the Dept. of Planning& Community Development, 3`d Floor, 120 Washington St., Salem, MA. Ben Anderson, Chair Planning Board Salem News: 8/20/2015 & 8/27/2015 120 WASHINGTON STREET, SALEM, N4.4SSACHUSFri's 01970 - PHONE 978.619.5685 FAX 978.740.0404- www.SALEM.CONi ZBA ACTIOc�N FORM :`BOARD MEMBERS ;_ ' rMOTION SECOND ,DOTE ' Date: 'L/� 3��5 Rebecca Curran (Chair) t Richard Dionne Petitioner: M0.c�o►� W�^{' Mike Duffy Tom Watkins x Address: Peter Co elas YX ..2,3 Z'"aC�V�S orN �� Jimmy Tsitsinos (Alt.) SQ_\eVV1" MH Total: Conditions: 17 Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. ® All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner. ®All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. ®Petitioner shall obtain a building permit prior to beginning any construction. ® Exterior finishes of the new construction shall be in harmony with the existing structure. ®A Certificate of Occupancy is to be obtained. A Certificate of Inspection is to be obtained. ©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. ®Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. ❑Unless this Decision expressly provides otherwise,any zoning relief granted does not empower or I authorize the Petitioner to demolish or reconstruct the structure(s) located on the subject property to an extent of more than fifty percent(50%)of its floor area or more than fifty percent(50%)of its replacement cost at the time of destruction. If the structure is demolished by any means to an extent of more than fifty percent(50%) of its replacement cost or more than fifty percent(50%)of its floor area at the time of destruction, it shall not be reconstructed except in conformity with the provisions of the Ordinance. @A r2 ►nar,. 51.c �P ray, IH RoKe5 TINTI, QUINN, GROVER & FREY, P.C. 27 CONGRESS STREET,SUITE 414 WILLIAM J.TINTI SALEM,MASSACHUSETTS 01970 tinti@tintilaw,com WILLIAM B.ARDIFF(1965-1995) WILLIAM F.QUINN TELEPHONE .8065 • (978)744.2948 MARCIMCINI WilliamFQuinn@auL (978)745 D com OF COUNSEL SCOTT M.GROVER TELECOPIER JOHN D. KEENAN smgrover@tintilaw.eom (978)745-3369 OF COUNSEL MARC P.FREY www.tintilaw.com JERALD A.PARISELLA mpfrey@tintilaw.com OF COUNSEL JONATHAN M.OFILOS j ofilos@tintil aw,com THOMAS J.HOGAN RECEIVED tjhogan@tintilaw.com MARCY D.HAUBER mhauber@tintilaw.com FEB 02 CHRISTINA M.MIHOS 2U16 cmihos@tintilaw.com DEPT. OF PLANNING & COMMUNITY DEVELOPMENT February 2, 2016 City of Salem Zoning Board of Appeals 120 Washington Street Salem, Massachusetts 01970 Re: 23 Jackson/ 17 Vale Street, Salem, Massachusetts Dear Members of the Board: This office and the undersigned represent Maria and Wayne Malionek, who were granted a series of Variances with respect to the above referenced property in a Decision dated March 4, 2015 (the "Decision"). The petitioners have been delayed in exercising the rights granted by the Decision because the property is both registered and recorded land and an action has been filed by the Petitioner in the Land Court to withdraw the registered land portion from registration. Until such time as the Land Court proceeding is complete, the Petitioner cannot file the subdivision plan of the land and proceed with construction authorized by the Variances, Accordingly, Mr. and Mrs. Malionek are requesting a six (6)month extension. I have enclosed for your convenience a copy of the original Decision. I would ap reciate it if the Board would consider this request at the meeting scheduled for February 17, 201b. Very T ours, Sc M. rove , sq. �C01�1 . . CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL ( yip '1 120 WASHINGTON STREET♦ SALEM,MASS1 '�I{[15 F1 A ' § 2q KIMBERLEYDRiscOLL TELE:978-745-9595 ♦ FAX:978-740-9846 FILE # MAYOR CITY CLERK, SALEM, MASS. March 4, 2015 Decision City of Salem Board of Appeals Petition of MARIA and WAYNE MALIONEK seeking Variances requesting relief from Sec. 4.1.1 Table of Dimensional Requirements of the Salem Zoning Ordinance, from the minimum lot frontage requirements, lot area requirements, and lot coverage maximum requirements to realign lot lines for parcels held in common ownership and to allow an increase in lot coverage maximum for an P P � existing residence. The proposal is for the property located at 23 JACKSON STREET and 17 VALE STREET (Map 25 Lot 661 and Map 25 Lot 660) (112 Zoning District). A public hearing on the above Petition was opened on February 18, 2015 pursuant to M.G.L Ch. 40A, § 11. The hearing was closed on that date with the following Salem Board of Appeals members present: Ms. Curran (Chair),Mr. Duffy,Mr. Watkins,Mr. Copelas,Mr. Tsitsinos (Alternate). The Petitioner seeks Variances requesting relief from Sec. 4.1.1 Table of Dimensional Requirements of the Salem Zoning Ordinance, from the minimum lot frontage requirements, lot area requirements, and lot coverage maximum requirements of the Salem Zoning Ordinance. Statements of fact: 1. Attorney Quinn presented the petition on behalf of the applicants. 2. In the petition date-stamped January 8, 2015, the Petitioner requested Variance to realign lot lines for parcels held in common ownership and to allow an increase in lot coverage maximum for an existing residence as shown plot plan "Plot Plan of Land Salem, MA", dated December 15, 2014. 3. The petitioner proposes to construct an additional single-family dwelling unit on the parcel. 4. The existing lots are legally merged into one (1) lot. 5. The requested relief, if granted, would allow the Petitioner to subdivide the property into two lots and to allow an increase in lot coverage maximum in accordance with "Plot Plan of Land Salem, MA", dated December 15,2014. 6. There are no new non-conformities being created in the proposed structure. 7. At the public hearing one (1) member of the public spoke in favor of, and no members spoke 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, and the Petitioner's presentation and public testimony, makes the following findings that the proposed project meets the provisions of the City of Salem Zoning Ordinance: City of Salem Board of Appeals March 4,2015 Project: 23 Jackson Street and 14 Vale Street Page 2 of 3 Findings for Variances: 1. 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 is that the existing lot is an odd shape and has steep topography adjacent to existing frontage. 2. Literal enforcement of the provisions of the Ordinance would create a substantial and unique hardship as the odd shape lot and steep topography adjacent to frontage on Vale Street is not accessible and would restrict the petitioner from using the parcel. 3. The desired relief may be granted without nullifying or substantially derogating from the intent of the district or purpose of the City of Salem Zoning Ordinance. The property is located in an R2 district and two units could be located on this property as a matter of right. On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5) in favor (Ms. Curran,Mr. Watkins,Mr. Copelas,Mr. Duffy and Mx. Tgitsinos in favor) and none (0) opposed, to grant Variances requesting relief from Sec. 4.1.1 Table of Dimensional Requirements of the Salem Zoning Ordinance, from the minimum lot frontage requirements,lot area requirements, and lot coverage maximum requirements to realign lot lines for parcels held in common ownership and to allow an increase in lot coverage maximum for an existing residence, subject to the following terms, conditions, and safeguards: Standard Conditions: 1. The Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. Exterior finishes of new construction shall be in harmony with the existing structure. 6. A Certificate of Occupancy shall be obtained 7. A Certificate of Inspection shall be obtained. 8. Petitioner shall obtain a street numbering from the City of Salem Assessor's Office and shall display said number so as to be visible from the street. 9. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. Special Conditions: 1. The both the proposed dwelling unit and the existing dwelling on the property shall remain a single family homes and may not be converted to two family structures. Rebecca Curran, Chair Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK City of Salem Board of Appeals March 4,2015 Project:23 Jackson Street and 14 Vale Street Page 3 of 3 Appeal firm this decision,if any, .shall be made pursuant to Section 17 of the Massachusetts General I aws Chapter 40,4, and shall be filed within 20 days of fekng of this demion in the office of the City Clerk. Pursuant to the Massachusetts Generalluws Chapter 40,4, Section 11, the Variance or Special Permit granted herein shall not take effect until acopy of the decision bearing the certificate of the City Clerk has been filed with the Essex South Registry of Deeds. i l CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS vrconiurT q4, PETITION FORM CITY OF SALENI,MASSACHUSETTS 1015 JAN -g P I: 42 BOARD OF APPEALS ' 120 WASHINGTON STREET,3RD FILE rl FLOOR SALEM,MASSACHUSETTS 01970 GItY CLEPK, SALEM, MASS. —�! Thomas St.Pierre,Director of Inspectional Service' ^� ,y-N. «a n p Phone: 978-619-5641 /Fax:978-740-9846 :.! .� t, c� ' KIMaERLEY DRISCOLL Erin Schaeffer,Staff Planner MAYOR Phone:978-619-5685/Fax:978-740-0404 u 6 k! f). e 9 n`r D _. .D TO THE BOARD OF APPEALS: DEPT OF PLA0.ININt3 2 The Undersigned represent that he/she is/are the owners of a certain parcel of land located at I1U�.!T D trLOPnAENT Address: )'- n L `<7✓l �1y 2 �AZoning District: W2_ An application is being submitted to the Board of Appeal for the following reason(s): This statement must 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 he 30 feet. The current depth of my rear and is 32 feet; the Proposed proposed addition would reduce the depth of the rear yard to 22 feet.) 3 Cis GY, —1C�U 1 V I S reinnrl 6 For this reason I am requesting: (V�Variance(s)from provisions of Section of the Zoning Ordinance,specifically from O-C1 minimum depth ofrear yard). What is allowed is am proposing is (ft?sq ft?stories? %?), and what I (ft?sgfll?stories?%?). ( )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 p rty Use: -\ (Fxample.. wa Family yo e 11e Lot Dimensions Included?(\)yes O No Why? 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 Thfollowing written statement has been submitted with this application: ( 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. ��MI�/////11 If different from petitioner. Petitioners - arI, + )pl/ 'AO,IC Property Owner: Adciress:L2- � Address: Telephone: I ! 6 " /��- 90 9 Telephone: Email: Q ICaCamc1 Email: Sigttature Signature: Date:: ►) �0 1061`� Date: (Attached consent letter is also acceptable) If dtfferentfrom petitioner: Representative: A TRUE Address: ATTEST Telephone: Signature: Date: CITY CLERK DATE DPCD DATE This original application must be filed with the City Clerk. f Erin Schaeffer From: WilliamFQuinn@aol.com Sent: Thursday,January 29, 2015 4:40 PM To: Erin Schaeffer Subject: Fwd:Zoning Petition for 23 Jackson Street 1/29/2015 -4:40 PM Hi Erin: See below, which bounced back because I mis-spelled your last name. Sorry, Bill From: William FQuinn(a)aol.com To: eshaeffer(a)salem.com CC: I izmali(a)comcast.net Sent: 1/29/2015 2:46:30 P.M. Eastern Standard Time Subj: Zoning Petition for 23 Jackson Street 1/29/2015-2:30 PM HI Erin: Thanks for all of your assistance with amending this petition. I have spoken to the surveyor and expect to have a supplemental parking plan to you no later than next Wednesday. A summary of the full zoning relief that we are requesting are variances of the Dimensional regulations under Section 4.1 of the Zoning Ordinance for each of the following: 1. to vary the frontage requirement for the new Lot 2 as shown on the plans from the 100 feet required in this R-2 Zone to 31.03 feet of frontage on Vale Street, with vehicle access to be by a 15'Wide Access Easement from Jackson Street, as shown on the plans; 2. to vary the 15,000 S.F. lot area requirement for the existing residence, now shown on the Plan as the combined Lot A and Parcel B, to 6,589 S.F. 3. to vary the 15,000 S.F. lot area requirement for the new Lot 2 to 9,500 S.F. 4. to vary the lot coverage maximum of 35% for the existing residence, shown as the combined Lot A and Parcel B, to 39.8% 1 believe that is all of it, thanks. Bill William F. Quinn Tinti, Quinn, Grover& Frey, P. C. 27 Congress Street, Suite 414 Salem, MA 01970 Tel: 978-745-8065 Fax: 978-741-3415 1 f jI i al l6dshi 4. � 6 h r r93n S�' 2 mush' le-Z Si- ttfror-aw 7.Ago sd Soo�jr Lwl 2. line o-4 i eX IS%4( 4,s a 1*"4 /.D/- 14 oiH o {/RN �c ave w� q &weal 3 109Gam- aot li 6.� lae« oe dow dm4ovL 4wt.F'W& uhvsra"k eGy�t.•+itr �d Sl+ito � iso aap�/t�;r• (i i� 1 ���ONUITgq. '& CITY OF SALEM, MASSACHUSETTS r� BOARD OF APPEAL tMIN6� 120 WASHINGTON STREET 1 SALEM,MASSACHUSETTS 01970 KIMBERLEY DRISCOLL TELE:978-745-9595 ♦ FAX:978-740-9846 MAYOR Notice of Decision At a meeting of the City of Salem Zoning Board of Appeals held on Wednesday, February 18,2015 at 6:30 p.m. at 120 Washington St.,Salem,MA, the Zoning Board of Appeals voted on the following item: Petition of MARIA and WAYNE MALIONEK seeking Variances requesting relief from Sec. 4.1.1 Table of Dimensional Requirements of the Salem Zoning Ordinance, from the minitnum lot frontage requirements,lot area requirements, and lot coverage maximum requirements to realign lot lines for parcels held in common ownership and to allow an increase in lot coverage maximum for an existing residence.The proposal is for the property located at 23 JACKSON STREET and 17 VALE STREET(Map 25 Lot 661 and Map 25 Lot 660) (112 Zoning District). Decision: GRANTED Filed with the City Clerk on March 4,2015 This notice is being sent in compliance with the Massacbusetts General Laws, Chapter 40A, Sections 9&15 and does not require action by the recipient.Appeals, if any, shall be made pursuant to Chapter 40A, Section 17, and shall be filed within 20 days from the date which the decision was filed with the Cidy Clerk. TINTI, QUINN, GROVER & FREY, P.C. 27 CONGRESS STREET,SUITE 414 WILLIAM J.TINTI SALEM,MASSACHUSETTS 01970 tinti@tiutilaw.com WILLIAM B.ARDIFF(1965. 1995) WILLIAM F.QUINN TELEPHONE WilliamFQuinn@aol.com (978)745MARCIA MULFORD CINI 8065 • (978)744,2948 AOF COUNSEL SCOTT M.GROVER TELECOPIER JOHN D. KEENAN smgrover@tintilaw.com (978)745.3369 OF COUNSEL MARC P.FREY www.tintil.w.com JERALD A.PARISELLA mpfrey@tintilaw.com OF COUNSEL JONATHAN M.OFILOS jofilos@tintilaw.com THOMAS J.HOGAN tjhogan@tintilaw.com MARCY D.HAUBER mhauber@tintilaw.com CHRISTINA M.MIHOS cmihos@tintilaw.com 2/10/2015 Erin Schaeffer " i<-V• ' City of Salem Department of Community Development FEB L�1� 120 Washington Street —3 floor Salem, MA DEPT. OF PL^:I)NING& CO SW J'.^-.'6 !13r`+ELOPMEN9 RE: Mailonek Zoning Petition for 23 Jackson Street and 17 Vale Street Dear Erin: Here are the revised site plans for the Zoning Petition, edited to show conforming on-site parking (2 spaces) for each of the single-family dwellings. Thanks, Very truly /yours, � i�Eivl �`✓�� William F. Quinn 01/29/2015 17:48 FAX 978 741 3415 TINTI QUINN GROUER FREY ( 001/002 TINT I. QUI NN, GROVER & FREY. P . C. FACSIMILE TRANSMITTAL SH$13T .� FeO14: Lei-,.✓ skc c ��✓ / i y n COMPANY, nea>* PAR NU1[981L• 'TOTAL No.OF PAGES]Na DING COv_ q7r- 7L/o - tO PRONE NU)MMU SffiiDER'S P.RFMtENCB NDzmER AliYOUI RE CE > �,,..7 — s0 71AGHNT FOR REVIEW PLEASE C0)0[HNT PLEASE REPLY PLEASE RECYCLE NOTES/CODO.�SiS: AfAL114p,Aq irk- Ibis wl=,py i9 m==y-dica P~and cODtafns o fj jd ti0l infxiDnatim iDtr n W only for the p nou(S)namrd about Any other dimlbt 6D.%mPykg or&dosmc iS Strictly Pmlvbitrd If you have ==rrEd thio trlexvpy m=rw,pk=no*na by ftPhonr,w d xaom the m%msl oanm issi m m no by msdvvi&o=malciog a copy. 11 CONOEESS STREET, SUITE 414 SALEM, MASSACHUSETTS 01970 TELEIIHONE (971) 145-0065 -TELEPAR (979) 745-5369 V WW.TINTILAW.COM 01/29/2015 17:48 FAX 978 741 3415 TINTI QUINN GROUER FREY 14002/002 Pagel of 1 1129/2015-2:30 PM HI Erin: Thanks for all of your assistance with amending this petition. I have spoken to the surveyor and expect to have a supplemental parking plan to you no later than next Wednesday. A summary of the full zoning relief that we are requesting are variances of the Dimensional regulations under Section 4.1 of the Zoning Ordinance for each of the following: 1. to vary the frontage requirement for the new Lot 2 as shown on the plans from the 100 feet required in this R-2 Zone to 31.03 feet of frontage on Vele Street, with vehicle access to be by a 15'Wide Access Easement from Jackson Street, as shown on the plans; 2, to vary the 15,000 S.F. lot area requirement for the existing residence, now shown on the Plan as the combined Lot A and Parcel B, to 6,589 S.F. 3, to vary the 15,000 S.F. lot area requirement for the new Lot 2 to 9,500 S.F. 4. to vary the lot coverage maximum of 35%for the existing residence, shown as the combined Lot A and Parcel B, to 39.8% 1 believe that is all of it, thanks, Bill William F, Quinn Tinti, Quinn,Grover& Frey, P. C. 27 Congress Street, Suite 414 Salem, MA 01970 Tel: 978-745-8065 Fax: 978-741-3415 Thursday, January 29, 2015 AOL: WilliatnFQuinn t= LAII k City of Salem Department of Planning Check/Cash Receipt and Tracking For►7lpment Please complete form and make two copies. Date Received Amount Received Z l s Form of Payment O Check Client Information ❑ Money Order CASH PAYMENTS: client initials ❑ Sign Permit Application Fee ❑ Conservation Commission Fee Payment received for what ❑ Planning Board Fee/ ZBA service? ❑ SRA/DRB Fee ❑ Old Town Hall Rental Fee Other: Rig l St_�IT Q F_ �C cdS Name of staff person receiving payment Additional Notes Place Check Here When Photocopying Form Original Check and Form: DPCD Finance Copy 1: Client Copy 2: Application File City of Salem Department of Planning & Community Development Check/Cash Receipt and Tracking Form P/ease comp/e a form a OF make two copies. Date Received Amount Received Form Of Payment L �7 heck Client Information ❑ Money Order CASH PAYMENTS: client initials G ❑ Sign Permit Application Fee Payment received for what 0 Conservation Commission Fee Service? Ekpynning Board Fee/ZBA ❑ SRAIDRB Fee ❑ Old Town Hail Rental Fee ❑ Other: Name of staff person receiving 1 ` payment \ \ Additional Notes v ` °Walionek ayne P. M e ivtl'EJiza¢eM Malionek / r �� 4469 'o- t 1 { 4'4'ryf 0 /✓f���\�\ .tea DOlNq ,� 8 'SALEM FIVE .' s e 210 ESSEX STREET s � `.SALEM,MA 01818a l L e 1: 2113705581: 0B 2302447 i LC rogmat check and Form:PY 1: Client DPCD finance Oopy�ication File CFN OF SALEM, MASSACHUSETTS BOARD OF APPEALS PETITION FORM . --/,ItCONDIPET T,fe� CITY OF SALEM MASSACHUSETTS 1015 JAN -8 P 1: 4 f BOAR D OF APPEALS 2 120 WASHINGTON STREET,3RD FLOOR F I L Er,' SALEM MASSACHIJSFM 01970 CITY CLEC..;;, SILEM. MASS. 4NIIV6_ Thomas St.Pierre,Director of Inspectional Semi _ Phone:978-619-5641 /Fax:978-740-9846 i r=-r Kam[w.erDa[seou Erin Schaeffer,Staff Planner nLLv„ MAYOR Phone:978-619-5685/Fax:978-740-0404 t .� O a.r _ r TO THE BOARD OF APPEALS: DEPT.OF PL1iNtiLNG 3 The Undersigned represent that he/she is/are the owners of a certain parcel of land located gAMMUNITY DEVELOPIAFNT Address: 2ZT,nL4�` �� Zoning District: �{2 An application is being submitted to the Board of Appeal for the following reason(s):This statement must 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 of my rear and is 32 feet;the proposed addition would reduce the 4epth ofthe rear yard to 22 feet.) 3 Gy 4 lV — 74� -� S e rl a vara' se For this Egmo I am requesiCgningg O Lr OkOk 40 ( Variance(s)from provisions o Section �. of the rdinance,specifically from minimum depth ofrear yard). What is allowed is (R?sgft?stories? %?), and what I amro osin IS P P g (ft?sq.R?stories?%?). ( )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:`j'ih a -A yy Ire Lot Dimensions Included?(.,)Yes O No Why? (Brample: a 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 Th following written statement has been submitted with this application: ( /For all Variance requests a written Statement of Hardship demonstrating the fallowing 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 distri b) Literal enforcement of the provisions of the Ordinance would involved subct; stantial 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 t) 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. Ch.40B §20-23. Previous applications to the Board of Appeals involving this form. The Building Commissioner property have_been submitted with this petition - representative. can representative, pro6tde documentation ofprevtous applications to the petitioner or his 1 If differentfrom petitioner. Petitioner Q f 10.+ Jd l J �t Property Owner: Address:[�p`�� nit ��p)n �E- (��1 Address: Telephone: I l b'!� - 7�9 �� Telephone: Email: C11 QGMC t Email: Signature ^ Signature: Dater �g 1 d (Attached content letter Date: is also accepla61e1 If dWerent from/pettitiion . err Representative: W,AA em - �,(/���F Jam, A TRUE Adddresss¢s:l? pr ATTEST T61e?p6one?W' M� Sign ' Date:ature: Z CTTY CLERK DATE DPCD DATE This original application must be frled with the City Cleric Elfin Schaeffer From: WilliamFQuinn@aol.com Sent: Thursday,January 29, 2015 4:40 PM To: Erin Schaeffer Subject: Fwd:Zoning Petition for 23 Jackson Street 1/29/2015-4:40 PM Hi Erin: See below, which bounced back because I mis-spelled your last name. Sorry, Bill From: William FQuinn(aaol.com To: eshaeffer(o salem.com CC: lizmali @comcast.net Sent: 1/29/2015 2:46:30 P.M. Eastern Standard Time Subj: Zoning Petition for 23 Jackson Street 1/29/2015-2:30 PM HI Erin: Thanks for all of your assistance with amending this petition. I have spoken to the surveyor and expect to have a supplemental parking plan to you no later than next Wednesday. A summary of the full zoning relief that we are requesting are variances of the Dimensional regulations under Section 4.1 of the Zoning Ordinance for each of the following: 1. to vary the frontage requirement for the new Lot 2 as shown on the plans from the 100 feet required in this R-2 Zone to 31.03 feet of frontage on Vale Street, with vehicle access to be by a 15'Wide Access Easement from Jackson Street, as shown on the plans; 2. to vary the 15,000 S.F. lot area requirement for the existing residence, now shown on the Plan as the combined Lot A and Parcel B, to 6,589 S.F. 3. to vary the 15,000 S.F. lot area requirement for the new Lot 2 to 9,500 S.F. 4. to vary the lot coverage maximum of 35%for the existing residence, shown as the combined Lot A and Parcel B, to 39.8% 1 believe that is all of it, thanks. Bill William F. Quinn Tinti, Quinn, Grover& Frey, P. C. 27 Congress Street, Suite 414 Salem, MA 01970 Tel: 978-745-8065 Fax: 978-741-3415 1 p F rSbag "i (1 n� F,ush -L 7-.,m PtWeew 7.too ff, &aht47 a.wd AMbr WeovAg&Ptzl lel Z IS ao S` LIW2 h^149 ice nut's`.( !cs A a" /./- wt/U d o A-4.v AVK 9 &4td aw/ 3/. 10 3 / Gra. ck a Sl4/ 40� 4eel a4d4-e SGve.G lbp•``-- Al u.r !rr .c f lad' -o` 01/ A#.o,44,. o1Ue,.v"4Csfnowfc l er.w4wiL lid S/.i/o �.o aaJo je*..000-- Dimensional Variances Requested by Malioneks: For 23 Jackson Street (Parcels A & B on Plan) tl 4C0 Lot Area —6,589 SF where SF required Side Yard —5' on easterly side where 10' required (caused by above-ground pool) Lot Coverage—39.8% where 35% is maximum For 17 Vale Street ( Lot 2 on Plan) Lot Area —9,500 SF where 15,000 SF required Lot Frontage—31.03' on Vale Street where 100' required CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS jc onlluT �, CITY OF SALEM,MASSACHUSETTPE ` , R��O� 42 �I BOARD OF APPEALS 91! 120 WASHINGTON STREET,3RD FILE # FLOOR CITY GLER , SALEM, H�'SS. m SALEM,MASSACHUSETTS 01970 "_ q C Thomas SG Pierre,Director of Inspectional Services I 1 V/= Phone: 978-619-5641 /Fax: 978.740-9846 KIhmERLEY DRISCOLL Erin Schaeffer,Staff Planner JAN 0 7n, olJ MAYOR Phone:978-619-5685/Fax:978-740-0404 DEPT. OF PL DEPT ANN NG a< TO THE BOARD OF APPEALS: COf1'sU''L "_":`FLOPMENT The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: Address: %'-, a <7 V1- - - Zoning District:_ R`Z An application is being submitted to the Board of Appeal for the following reason(s): This statement must 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 and is 31 feet, the proposed addition would reduce the depth of the rear yard to 22 feet. 3 40 - IV U—rY) ^ i� C Q A ds S re 0 For this reason I am requesting: m Variance(s)from provisions of Section_ � of the Zoning Ordinance,specifically from I C -AS minimum depth ofrear yard). What is allowed is am proposing is (ft?sq ft?stories? %?), and what I (it?sq ft?stories? %?). ( )A Special Permit under Section of the Zoning Ordinance in order to O 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:'D ih;y P \4tf -it re Lot Dimensions Included?(,,)Yes O No WhY 9. t=mple�wo Family Home) I 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 Th following written statement has been submitted with this application: 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. O 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 dtfferent from petitioner: Petitioner ri.o. + apt/ n0� Property Owner: Address: p.� 7(1,14C c�IQ Address: Telephone: I I S" / - 9o9 7 Telephone: Email: Q I C6 m C 0.S . /}et Email: � Signator . Signature: ^ (Attached consent letter Date, �n �l d��� Date: a 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. Erin Schaeffer From: WilliamFQuinn@aol.com Sent: Thursday,January 29, 2015 4:40 PM To: Erin Schaeffer Subject: Fwd:Zoning Petition for 23 Jackson Street 1/29/2015 -4:40 PM Hi Erin: See below, which bounced back because I mis-spelled your last name. Sorry, Bill From: WilliamFQuinn(cDaol.com To: eshaeffer(cDsalem.com CC: lizmali(a comcast.net Sent: 1/29/2015 2:46:30 P.M. Eastern Standard Time Subj: Zoning Petition for 23 Jackson Street 1/29/2015-2:30 PM HI Erin: Thanks for all of your assistance with amending this petition. I have spoken to the surveyor and expect to have a supplemental parking plan to you no later than next Wednesday. A summary of the full zoning relief that we are requesting are variances of the Dimensional regulations under Section 4.1 of the Zoning Ordinance for each of the following: 1. to vary the frontage requirement for the new Lot 2 as shown on the plans from the 100 feet required in this R-2 Zone to 31.03 feet of frontage on Vale Street, with vehicle access to be by a 15'Wide Access Easement from Jackson Street, as shown on the plans; 2. to vary the 15,000 S.F. lot area requirement for the existing residence, now shown on the Plan as the combined Lot A and Parcel B, to 6,589 S.F. 3. to vary the 15,000 S.F. lot area requirement for the new Lot 2 to 9,500 S.F. 4. to vary the lot coverage maximum of 35%for the existing residence, shown as the combined Lot A and Parcel B, to 39.8% I believe that is all of it, thanks. Bill William F. Quinn Tinti, Quinn, Grover& Frey, P. C. 27 Congress Street, Suite 414 Salem, MA 01970 Tel: 978-745-8065 Fax: 978-741-3415 1 A ' JL- L�s Un1 It l n� Fxish /e-Z iLnw .� .Soo h a•.od 1�crlAllboLV Z moo S� Zdwl 2 kttw 49.01 exlStfW Aw aSAYOsAk /oi wliu H o ,]"AK ar svl ! 31, 03 5-eve 1�Idvi&*L fmoat V� O�. vhvSea� b61, lat.# 0i Ole AWohwWeeoftowie s� 3� P� eCa ��� PPf c 6 h°i i°i °stogy �o Street � Jackson ve Assessor's Map 25 ( Q LOCUS a D.H.(fnd)in Conc. Lot 343 F, ° Iron Rod ` � E Assessor's Map 25 (fnd) 5 FOR REGISTRY OF (DEEDS USE ONLY Lot 276 ti S . J P LOCUS MAP: NOT TO SCALE I CERTIFY THAT THIS PLAN WAS S7j•`31 PREPARED IN COMPLIANCE WITH THE '56 .0 RULES AND REGULATIONS OF THE REGIRS F SEEDS. LJJ DAVID P. TERENZO �— AssesLoort's6GM2p 25 co LOT 2 77 6 Assessor's Map 25 11,471 S.F.t 6 S O a Lot 342 ►� \ i!p ai –1.971 .F.± OO. O' � r•7 ^ 9,500 S.F.f � 41 2 Parking Qz Spaces 15' Wide 2 Access Z_9' 0' ~ N CO zo 7 •52, Easement Panna 3 79.38, 00 W (olt -rna'L 2zo 0 22 ° `5�3�� brcel B 'I — 1,971 S.F.t Q �o ,\ Q - OHO, ^ to 'I l PROPOSED Q) o N .P� \ DWELLING rn CP _ \N rn I / IV- 70� s 7S9 03. 16.6' '>�,– –I 1b APPROVAL UNDER SUBDIVISION CONRTOL LAW – 333 NOT REQUIRED 2.2' _ Wo d Y DeckR , \ II Pa/` ng SALEM PLANNIING BOARD Dwelling \ 5 p' 1 v , 0) Above tij�O Assessor's Map 25 Iron Rod Ground , N 2'59 E Lot 278 (fnd) - LOT A\\ Pool �•o' /e, 5.52 4,618 S.F.t•. ''? +1,971 S.F.t l� �� ���� 589 S.F.t � /� � , g S . o S 77 .00p°' 1424 / �O-93 , DATE: OIV 15' Wide R r R E E T Easem nt Utility 14oxez Easement PL 0 T PLAN OF LAND ZONING DISTRICT G pro rLar, c� RESIDENCE R-2 SALEM, MA. _w T ITEM REQUIRED LOT 2 LOT A & Parcel 8 SURVEYED FOR: LOT AREA 15,000 SF **9,500 SF ** 6,589 SF WAYNE & MARIA E. MALIONEK LOT FRONTAGE 100 FT **31.03 FT * 142.42 FT 23 JACKSON STREET FRONT YARD 15 FT 34.4 FT * 0.2 FT NOTES: ���` OF MAss SIDE YARD 10 FT 10.0 FT ** 5.0 FT 1 . Lots A and 2 – Deed Reference: Book 15746, Page 550 o=�.e oAVIo �cy�s SCALE:1"=20' DATE. DECEMBER 15, 2014 REAR YARD 30 FT 44.6 FT *15.6 FT 2. Lot A — Assessor's Map 25, Lot 661 = PHILIP DAVID P. TERENZONI, P.L.S. LOT COVERAGE 35% 15.3% ** 39.8% TERENZONI Plan Reference: Land Court Case No.4800B No. 38720 4 ALLEN ROAD, PEABODY, MA. 01960 * EXISTING 3. Lot 2 – Assessor's Map 25, Lot 660 A�aFESsa�"v ** VARIANCE REQUIRED Plan Reference: Plan Book 277, Plan 89 4. Parcel B is to be joined with Lot A and become one ,,�s�i 20 0 10 20 40 contiguous lot S14-075 Erin Schaeffer From: WilliamFQuinn@aol.com Sent: Monday, January 26, 2015 5:45 PM To: Erin Schaeffer Cc: lizmali@comcast.net Subject: 23 Jackson Street Zoning Petition Attachments: Amended Zoning Petition for 23 Jackson Street.pdf 1/26/2015-5:35 PM Hi Erin: Today petitioners Maria and Wayne Malionek asked me to represent them in the zoning petition that they have already filed to reconfigure their two existing lots at 23 Jackson Street and 17 Vale Street to accommodate another single-family dwelling. They are seeking to be on the Board's hearing list for Feb. 18. Because of the press of time and approaching blizzard, I have hand-written and attach an amended Petition, which adds a request for a frontage variance to the lot area and lot coverage variances requested, and identifies me as their counsel. I have also added language to their statement of hardship. I am sending this in the hope that you can include the request fro the frontage variance in the legal notice for the Feb. 18 hearing. I have also advised the Malioniks to amend their Plan to add the location and design of the driveway for the new lot over a proposed easement from Jackson Street, and the location and design of the parking spaces for each lot. I hope to receive this and file it with you shortly. Thanks for any assistance, and I can always be reached on my cell phone at 781-718-1355, as well as at my office (once we re-open after the storm). Thanks, Bill William F. Quinn Tinti, Quinn, Grover& Frey, P. C. 27 Congress Street, Suite 414 Salem, MA 01970 Tel: 978-745-8065 Fax: 978-741-3415 1 CITY OF SALEM, MASSACHUSETTS b4 1 BOARD OF APPEAL 1015 FEB 3 P 2: 21 \ p� 120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970 TELE:978-619-5685 FAx:978-740-0404 FILE # KIMBERLEYDRISCOU, CITY CLERK. SALEM, MASS. MAYOR City of Salem Zoning Board of Appeals Will hold a public hearing for all persons interested in the petition of MARIA and WAYNE MALIONEK seeking Variances requesting relief from Sec. 4.1.1 Table of Dimensional Requirements of the Salem Zoning Ordinance, from the minimum lot frontage requirements, lot area requirements, and lot coverage maximum requirements to realign lot lines for parcels held in common ownership and to allow an increase in lot coverage maximum for an existing residence. The proposal is for the property located at 23 JACKSON STREET and 17 VALE STREET (Map 25 Lot 661 and Map 25 Lot 660) (R2 Zoning District). Said hearing will be held on WED, FEB 18, 2015 at 6:30 p.m., P floor, 120 WASHINGTON ST, ROOM 313. Rebecca Curran, Chair Board of Appeals Salem News: 2/4/2015 &2/11/2015 This notice posted on "Official Bulletin Board" City Hall,Salem, Mass. on FEB 0 3 2015 ata : p( in accordance with MGL Chap. 30A, Section 18-25. Dimensional Variances Requested by Malioneks: IECENED FEB 18 2015 DEPT.OF PLANNING& For 23 Jackson Street (Parcels A & B on Plan) COtdMUN!TY DEVELOPMENT Lot Area —6,589 SF where 9,500 SF required Side Yard —5' on easterly side where 10' required (caused by above-ground pool) Lot Coverage—39.8% where 35% is maximum For 17 Vale Street ( Lot 2 on Plan) Lot Area —9,500 SF where 15,000 SF required Lot Frontage-31.03' on Vale Street where 100' required Large Format Box # _ Doc # Image # IMIA L VA G c 90stan �o�d Street � Jackson ve v LOCUS Assessor's Map 25 ( a' c D.H.(fndj Conc.Lot 343 c ° Iron Rod Assessor's Map 25 (fnd) 5 Lot 276 FOR REGISTRY OF DEEDS USE ONLY S J P LOCWS MAP: NOT TO SCALE I CERTIFY THAT THIS PLAN WAS >>. `37 PREPARED IN COMPLIANCE WITH THE 50.,03 RULES AND REGULATIONS OF THE REGI TERS SEEDS. u7 DAVID P. 'TERENZONI, P.L.S. Assessor's Map 25 0 c LOT 2 77 Assessor's Map 25 Lot 662 0 11,1.971 S.F.471 S.F,± /�, 60 6S Lot 342 �O — x 0. 0- 61 9,500 S.F. W Z 15' Wide ~ N 7.52,00- Access 7g 38, W Easement \ &P=Ce1 B 1 JO \ N 00 1,9)71 S.F.t 00 jo < PROPDWELLING D ma0-) /. O o \ \ . 70, ` -1 0�. 16.6 No. APPROVAL UMIDER SUBDIVISION CONRTOL LAW •sty, 1 NOT REQUIRED 2.2' 2 Story SALEM PLANNING BOARD Wood Deck \ / C5 Dwelling - �c - Above `�O' co Iron Ro Ground Assessor's Map 25 (fnd) Pool N 12°59 49 ' E Lot 278 - _ 5.52' 4,618 S.F.Q.. + 1,971 S.F /r RECEIVED C 589 S.F.t A S5, CEIVED S `��° .1 1.„1�2 42 O 30', JAN 20 20 4,5 DATE: J ,q CKS DEPT. OF PLANNWG O N s 15' Wide 8 COMMUNITY DEVELOPMENT Access TREE 7 Easement Utility Easement ZONING DISTRICT PLOT PLAN OF LAND RESIDENCE R-2 SALEM, MA . ITEM REQUIRED LOT 2 LOT 7 r`cei B SURVEYED FOR: LOT AREA 15,000 SF **9,500 SF ** 6,589 SF WAYNE & MARIA E. MALIONEK LOT FRONTAGE 100 FT **31.03 FT * 142.42 FT 23' JACKSON STREET FRONT YARD 15 FT 34.4 FT * 0.2 FT NOTES: of AfgSS SIDE YARD 10 FT 10.0 FT ** 5.0 FT 1 . Lots A and 2 — Deed Reference: Book 15746, Page 550 2+`! 9Oy� SCALE:1 ”=20' DATE: DECEMBER 15, 2014 REAR YARD 30 FT 44. FT *1 FT 2. Lot A — Assessor's Map 25, Lot 661 PHILIP DAV7ID P. TERENZONI, P.L.S. LOT COVERAGE 35% 15..3 ** 38.9.8% PTNo. 387 NI 4 ALLENT ROAD, PEABODY, MA. 01960 Plan Reference: Land Court Case No.48006 No. ss�zo * EXISTING 3. Lot 2 — Assessor's Map 25, Lot 660 °Ra ** VARIANCE REQUIRED Plan Reference: Plan Book 277, Plan 89 �No Essa 4. Parcel B is to be joined with Lot A and become one 20 0 10 20 40 contiguous lot S14-075 ��-ti s� 0t�a 5� mar c A 6oStan �a� Sfl�t � Jackson ve > u a a D.H. in Conc. Assessor's Map 25 '( LOCUS (fnd) Lot 343 �v `oy Iron Rod r Assessor's Map 25 (fnd) C Lot 276 FOR REGISTRY OF DEEDS USE ONLY s3• P LOCUS MAP: NOT TO SCALE I CERTIFY THAT THIS PLAN WAS x).`37 PREPARED IN COMPLIANCE WITH THE S0;03. RULES AND REGULATIONS OF THE REGISTERS OF -DEEDS. /_ DAVID P. TERENZONI, P.L.S. Assessor's Map 25 0 Lot 662 0 G LOT 2 �� 6 Assessor's Map 25 / 11,471 S.F.t 6 (per Q) — 1.971 S.F.t 00,`S0, Lot 342 (U i 9,500 S.F.t W 2 h15' Wide N 79.52.0p„ Access / \ 3 7g 3g, W Easement \ O o y �S • Parcel B Z \ 1,971 S.F.t N o PROPOSED A p o rn� DWELLING 7 N CP CP ry APPROVAL UNDER SUBDIVISION CONRTOL LAW No.23 .0 16.6 \ NOT REQUIRED 2 Story SALEM PLANNING BOARD WooDwell'Idn Deck Dwelling Above /� Iron Rod - - GrOUnd � Assessor's Map 25 (fnd) -LOT A Pool N 12- 9'4p"5 52 E f' Lot 278 4,618 S.F.t +1.971 S.F.t 589 S.F.f S 77.00,1 1 "/42.42' 0�Q030, DATE: ✓ A E c ly c K so N s r 15' WideAccess R R E E T Easement Utility Easement ZONING DISTRICT PLOT PLAN OF LAND RESIDENCE R-2 SALEM, MA . ITEM REQUIRED . LOT 2 LOT A & Parcel a SURVEYED FOR: LOT AREA 15,000 SF **9,500 SF ►* 6,589 SF WAYNE & MARIA E. MALIONEK LOT FRONTAGE 100 FT #«31.03 FT * 142.42 FT 23 JACKSON STREET FRONT YARD 15 FT 34.4 FT * 0.2 FT NOTES: �1N or 41 4SS SIDE YARD 10 FT 10.0 FT .« 5.0 FT �`�� �Oti SCALE:1 "=20' DATE: DECEMBER 15, 2014 1 . Lots A and 2 — Deed Reference: Book 15746, Page 550 : c REAR YARD 30 FT 44.. FT *15.6 FT 2. Lot A — Assessor's Ma 25, Lot 661 PHILIP LOT COVERAGE 35% 15.3 «*39.89 P TERENZONI DAVID P. TERENZONI, P.L.S. Plan Reference: Land Court Case No.4800B No. 38720 4 ALLEN ROAD, PEABODY, MA. 01960 * EXISTING 3. Lot 2 — Assessor's Map 25, Lot 660 ARo �"v ** VARIANCE REQUIRED Plan Reference: Plan Book 277, Plan 89 uNo Essay 4. Parcel B is to be joined with Lot A and become one Al 20 10 10 20 40 contiguous lot S14-075 A 3� o e0ti Q'^ a : Boston St�eat �o Jackson ve Q LOCUS a D.H.( ) indonc. Assessor's M p 25 o ( ` o r w Iron Rod Assessors Map 25 (fnd) S FOR REGISTRY OF DEEDS USE ONLY Lot 276 ti P IV LOCUS MAP: NOT TO SCALE CERTIFY THAT THIS PLAN WAS PREPARED IN COMPLIANCE WITH THE \ SO;0 , RULES AND REGULATIONS OF THE REGIS RS F PEEDS. .�/�'1 C✓ DAVID P. ER NZON , P.L.S Assessors Map 25 O O LOT 2 7 Assessor's Map 25 Lot 662 lk, I O 11.471 S.F.f 76 6S Lot 342 Ipo rzi —1.971 5-F. 00. O• lV i� 9,500 S.F.f 41 2 Parking - Spaces 15' Wide Z Access –9 0' N 20 Easement Par in 3 79.38' zo O W (al rnat 15'00 r�cel 8 z 1 \ • 1,971 S.F.f o io , ' ASO, N o 1 / PROPOSED o – – \� rn� 1 DWELLING N _ 1 APPROWAL UNDER SUBDIVISION CONRTOL LAW No.23� �`S`9 03• 16 6 fl / NOT REQUIRED 2 2, — 2 Story ��• 1 2-9'x20' gyp^ SALEM PLANNING BOARD Wood Deck 1 P king DwellingAbove gA Iron Rod Ground 1 ^jam Assessors Map 25 (fnd) L07r 1t Pool &- N 12'59 �„ E Lot 278 �a 5.52 4,618 S.F +1971 S.F.t �s l^ ad- iv 589 S.F± /w srj, S o .; ,/� /ti SOA�O• DATE: J S .7Too�1 � ..'e � 152 /^ �6�6 501 A CKS 6,37, N S 15' WideAccess Q T R E E T Easement Utility Easement PLOT PLAN OF LAND : � A .. e ZONING DISTRICT . � cam. SALEM MA. RESIDENCE R-2 ITEM REQUIRED LOT 2 LOT A & Parcel B c o rr r SURVEYED FOR: LOT AREA 589 SF WA YNE & MARIA E. MALIONEK LOT FRONTAGE 1 100 F 5,000 F **31503 FT1400 SF 2.42 FT 23 JACKSON STREET FRONT SIDE YARD D 10 FT 10.0 FT •* 5.0 FT NOTES:Lots A and 2 — Deed Reference: Book 15746, Pae 550 =+`�w� OF YASS'Py� SCALE.-I"=20' DATE: DECEMBER f5, 2014 REAR YARD 30 FT 44.6 F *15.6 FT g LOT COVERAGE 35% 2. Lot A — Assessor" Map 25, Lot 661 P"'"P DAVID P. TERENZONI, P.L.S. 15.3% **39.8% ,�, TERENZONI ,Z„ Plan Reference: Land Court Case No.48008 No. 38720 4 AILLEN ROAD, PEABODY, MA. 01960 * EXISTING 3. Lot 2 — Assessor's Map 25, Lot 660 QROF ** VARIANCE REQUIRED Plan Reference: Plan Book 277, Plan 89ess� 4. Parcel B is to be joined with Lot A and become one ,3-1, 20 0 10 20 40 contiguous lot S14-075 s� 3P 0ca � ePf •g a Bacton Sheet Jackson ve <' a D.H. in Conc. Assessor's Map 25 LOCUS (fnd) Lot 343 �F, _o C Iron Rod Assessor's Map 25 (fnd) FOR REGISTRY OF DEEDS USE ONLY Lot 276 L 4,S . P LOCUS MAP: NOT TO SCALE I" CERTIFY THAT THIS PLAN WAS PREPARED IN COMPLIANCE WITH THE S •03- RULES AND REGULATIONS OF THE REGIS RS F Df EDS. Jma_�"� ,� t� DA P. ERENZON ,d P.L.S. � Assessor's Map 25 0 o ao LOT 2 7 Assessors Map 25 Lot 662 0 11,471 S.F.f 76 6S ~ �p —1.971 S.F.± OO, ,O, Lot 342 W \ M 9,500 S.F.f lL 2 Parking Spaces 15' Wide Z K, Access -9' 0' N 7 2.0 Easement Par mgg 3 79.38. © W (al rnat 20 ti isg.00� \ �� �bqcel Q /;0 7), _ O 1,971 S.F-+ •P o I PROPOSED O o _ - S � rn — O1� �_ rn4 . II � DWELLINGCr . - — N APPROWAL UNDER SUBDIVISION CONRTOL LAW No•2 2 Star NOT REQUIRED 2.2 y �' 2-9 x20' �p SALEM PLANNING BOARD Wood Deck 1 P king .y .. Dwelling .0' Ab ve 5 Iron Rod Gr und I Assessor's Map 25 (fnd) — LOTT' A Pool , o' N 0 2.5 52'P„ E C Lot 278 4,618 S.F , +1.971 SF.t 0 589 S.F. lh 803�� S ;77-00,1 »142 /N N A O DATE: ✓ 1 a;j E 15.2 A CKS 6.37 N S 15WideAccess A TREE l Easement Utility Easement ZONING DISTRICT PLOT PLAN OF LAND RESIDENCE R-2 r r J SALEM, MA. ITEM REQUIRED LOT 2 LOT A & Parcel B c "r' SURVEYED FOR: LOT AREA 15,000 SF **9,500 SF *« 6,589 SF WAY'NE & MARIA E. MALIONEK LOT FRONTAGE 100 FT **31.03 FT * 142.42 FT 23 JACKSON STREET FRONT SIDE YARD D 10 FT 10.0 FT ** 5.0 FT NOTES of �� tN uAss'°y SCAILE:1"=20' DATE: DECEMBER 15, 2014 REAR YARD 30 FT 44.6 FT *15.6 FT 1 . Lots A and 2 Deed Reference: Book 15746, ' Page 550 0= oAo os LOT COVERAGE 35% 15.3% **39,8% 2. Lot A — Assessor's Map 25, Lot 661 TERENzoNi �, DAVID P. TERENZONI, "P.L.S. Plan Reference: Land Court Case No.4800B No. 38720 4 ALLEN ROAD, PEABODY, MA. 01960 * EXISTING 3. Lot 2 — Assessor's Map 25, Lot 660 °Rom o�v ** ss VARIANCE REQUIRED Plan Reference: Plan Book 277, Plan 89 4. Parcel B is to be joined with Lot A and become one ,,�1rh 20 0 10 20 40 contiguous lot S14-075 s� 0ca 5 e emF c ' Boston �oP' Street J Jackson ve D.H. in Conc. Assessor's Map 25 ( Q LOCUS $ (fid) Lot 343 F, o Iron Rod w Assessor's Map 25 (fnd) 5 _ FOR REGISTRY OF DEEDS USE ONLY Lot 276 F. L LOCUS MAP: NOT TO SCALE CERTIFY THAT THIS PLAN WAS `37) Sj PREPARED IN COMPLIANCE WITH THE ;SOS, RULES AND REGULATIONS OF THE REGIS�R�S F PEEDS. DAVID P. TER NZON , P.L.S. +T_ ^� ^ Assessor's Map 25 O Lot 662 O00 LOT 2 77 Assessor's Map 25 IIO 11,471 S.F.f 6 6S Lot 342 TO —1.971 S.F.t O0, .0. W 9.500 S.F.t �� Q:: Spaces 2g 15' Wide 2 All _ Access _9, 0' z N7 '�2,0p„ Easement Par ing 79.3g . W (al rnat o ti SSO` 00 r�cel B Z g \ Q jo 7 03 y 1,971 S.F.t � o � PROPOSED O o iv �� DWELLING at 0 co Ln _ N m _ 759.03, APPROVAL UNDER SUBDIVISION CONRTOL LAW N�N, �j, x20 , NOT REQUIRED 2•2. _ 2 Story 2-9� P kin ^O O • SALEM PLANNING BOARD WooDwells Deck 1 9 O 9 Above 5.0, Iron Rod Ground Assessors Map 25 (fnd) — LOT A\ Pool 5 0' N a2.5 52'g E io � Lot 278 41,618 S.F.t� ,.-) 1-11.971 S.F.t l� esu ��� iv 589 S.F.f y S 14 DATE: � „ 2 15 2 / �. 3696 S 77-00,11 SD ✓ A C /( S 6.37 � N S15' Wide Access T R E E T Easement Utility Easement ..ZONING DISTRICT PLOT PLAN OF LAND RESIDENCE R-2 0 C....... SALEM, MA. . ITEM REQUIRED LOT 2 LOT A & Parcel B SURVEYED FOR: LOST AREA 15,000 SF *«9,500 SF ** 6,589 SF IVAYNE & _MARIA E. MALIONEK LOT FRONTAGE 100 FT **31.03 FT + 142.42 FT 23 JACKSON STREET FRONT YARD 15 FT 34.4 FT * 0.2 FT NOTES: of If4s SIDE YARD 10 FT 10.0 FT *« 5.0 FT �`�� ��y SCALE:1"=20' DATE. DECEMBER 15, 2014 Book REAR YARD 30 FT 44.6 FT 15.6 FT 1 . Lots A and 2 — Deed Reference: Bk 15746, Page 550 2 * pAVID ; o s { LOT COVERAGE 35% 15.3% **39.8% 2. Lot A — Assessor's Map 25, Lot 661 TERPHIP ENZONI DAVID P. TERENZONI, P.L.S. Plana Reference: Land Court Case No.4800B No. 38720 4 ALLEN ROAD, PEABODY, MA. 01960 * EXISTING 3. Lot 2 — Assessor's Map 25, Lot 660 ASFaP� ** VARIANCE REQUIRED Plan Reference: Plan Book 277, Plan 89 �ANa ess� 4. Parcel B is to be joined with Lot A and become one ,, f�i 20 0 10 20 40 contiguous lot S14-075