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229 JEFFERSON AVENUE - ZBA 229 .Jefferson' AV&. R-3 ' " Broadway Nominee Trust v " -- - — �— \ Estateof" Leo Corbin ti Ctn of �ttlem, �fHttssttcliusetts t- - JUL 8 II 3a pN '92 t -Soura of Append CITY OF SALEH. HASS CLERK'S OFFICE DECISION ON THE PETITION OF BROADWAY NOMINEE TRUST FOR A VARIANCE AT 229 JEFFERSON AVENUE (R-3) A hearing on this petition was held June 24, 1992 with the following Board Members present: Richard Bencal, Chairman; Richard Febonio, Francis Grealish, Stephen Touchette and Edward Luzinski. 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. Petitioners, owners of the property, are requesting variances from lot area, frontage and side setbacks to allow existing single family dwelling to remain as is, in this R-3 district. The Variance which has been requested may be granted upon a finding by this Board that: 1. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings and structures involved. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 3. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1. There was no opposition to the petition. 2. There would be changes to the existing dwelling. I ` DECISION ON THE PETITION OF BROADWAY NOMINEE TRUST FOR A VARIANCE AT 229 JEFFERSON AVE. , SALEM page two JUL 34 3. The petitioner presented, to the Board, a petition s yi1ye- b3ApghtASs neighbors who were in favor of granting the petition. CLERK', C FI^E 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 Zoning Ordinance would involve 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 variance requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All requirements of the City of Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. Petitioner shall provide two legal on-site parking spaces. J i DECISION ON THE PETITION OF BROADWAY NOMINEE TRUST FOR VARIANCES AT 229 JEFFERSON AVE. , SALEM page three JUL 34 kh' 192 CITY Of StLEH, HAS;: CLERK'S VARIANCE GRANTED June 24, 1992 ichard Febonio, Member Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to Massachusetts General Laws Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the 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 dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. Board of Appeal APPEAL CASE NO. . . . . . . . . . . . . .. . . . . . . . . . of '15akni, Aussar4usP#to �- �Baarb of '1pral TO THE BOARD OF APPEALS: The Undersigned represent that he is are the owners of a certain parcel of land located at NO. .229.JeEE®]rimae. . . . . . . . . . . . . . . . . . . . . . . . . . . . . • • • • • • • • •Street; Zoning District.I�3 . . . . . . . ; and said parcel is affected by Section(s) .A-.>. .uz ,Sb-A of the City of Salem 7adM Ovffin nm. Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A. 1 of the Zoning Ordinance. letitiaers have e a sited an a reaca�t to purr3hase. Lot B, which is shovzi on the aomq< anying plan, .a'fmn the Estate of leo A. Corbin. Lot B fails to conform in lot area, frontage and front and side :setbacks. A vanance from the applicable reguirenents of the Zmrg Ordinance was chanted by the .,Bmrd of Appeal on Septanber 21, 1970, hraever the variance lapsed due to Mr. Corbin's subsequent failure to reared the decision with Essex South District Registry of rbe . Cl, 3 ono CM O rn - yA u we N The Application for Permit was denied by the Inspector of Buildings for the following reasons: 'Ibis is a direct appeal. .The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem ;Zoning Ordinance as the enforcement of said 'Zoning By-Laws would involve practical difficulty or unnecessary Kardship. to the Undersigned and relief may be granted without substantially .dero- gating from the intent and purpose of the Zoning Ordinance for the following reasons: Tl e kruesitiated o1 Iot.B was built in 1910 and hes hear in cantirnxxrs use as a single-family dwelling siren than. Tl e failure of lot B to omply with tine applicable iapirama of the Zoning Ordinance was addressed and resolved in favor of Mr. Corbin's continued use of tle property as a single-family residarn in 1970. It -world not substantially derogate from the intent and purpose of the 7auM Ordinance for t1e Board of Appeal to allay the Petitiaers to use t1e property as a single-family dwelling particularly since they intend to provide on site parking for at least c e motor vehicle. In addition, the failure of the Board of Appeal to chant the re:pested relief would ultimately require the darolition of the existing residence and sale of the underlying land,_. if in fact.the land-can be sold. M-ds unnecessary hardship can be avoided by granting the relief rerueS humin. N vi (n va N J Q 4�.3 Cl- cL w u _ L Owner. .w jvY .qf.Lit A,.Qorbin . . . . . . .. . . . . . . . . . U_ U N C7 W l,. Ma o Address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Telephone. . . . . . . . . . . . . . . . . . . . 0. Roxert 'ralbat and George W. 'r il, Petitioner: :q.Bmad?,14B Rgij e.TgSt. . . . . . Address. .2 . . . . . . . . . . . . . . . Date. . 1�2. . . . . . . . . . . 745-1325 Telephone. . . gthoard . . . . . . . . . . . . By. . . . . . . . . . . . . it At Three copies of the application must be filed with the S cretary oof Appeals with a check, for advertising in the amount of. . . . . . . . . . . . . . . . . . . . . . . . . . four weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. NO.................................... PETITION 10 BOARD OF APPEALS LOCATION ............................. ......... ............... ........ PETITIONER.......................................... ADDRESS......__--.-................................ ...................................... CONDI'l IONS .......................... ............ . ..................... ........................ ...................................... ........................................................... ................................................................. ....................... ................................... - PETITION APPROVED........ ........... DENIED......................... .............................. 19 .. v ' 3 „E.O.vTr\ E C r = ('11g of 'ilLil:t' 3 51 Pnarb .".TI LiI P2S1 R $AL"cMILdSSF1UZCIS_1ON ON PETITION OF HENRY E. CORBIN REQUESTING WILLIAM F. AEEc,J VARIANCE FROM APPLICABLE DENSITY REQUIREMENTS OF JAMES H. OOULGER JOSEPH R. OGYLE CITY ZONING ORDINANCE AFFECTING EXISTING STRUCTURES JOHN M. OKAY, EH. AT 225 , 229 , 231 JEFFERSON AVENUE AND PROPOSED ARTHUR LASRECOUE DWELLING IN REAR OF SAME WITH FRONTAGE ON WHEATLAND EMERY I. TANCH i J. NORMAN WELCN, JN. STREET. Petitioner appealed to the Board of Appeals for a variance from the appl'ica- bl.e requirements of the City Zoning Ordinance with regard to existing struc- tures on lots A, B; AND C as shown on plan submitted, and proposed structure on Lot D of said plan, being numbered 225, 229E 231' Jefferson Avenue and land in rear of same fronting on Wheatland Street . pursuant to notices was_heSd-on�tkiis-appeal:on-.September-21;190, mailed postpaid to the petitioner, abutters, board members , and others , and advertisements published in the Salem Evening News advising of this hearing. Board members present included Mr. Abbott , Mr. Gray, Mr. Labrecque and Mr. Tanch; unable to attend were Mr. Boulger, Mr. Doyle , and Mr. Welch. Counselor J. Andrew Foisy appeared for the petitioner, and explained the case the same as in the original appeal on file ; executors wish to settle �}e estate of Victor Corbin but are unable to dispose of his real estate 'd'cause existing lot lines divide the structure on Lot B in half. The plan shows that Lot A has insufficient area, inadequate lot frontage , and front, side and rear setbacks do not conform to the Zoning Ordinance ; Lot=B fails t.o-conf-orm=in=lotrareamand lot,£routage_—al-so-fr-on-t-and=aide ya.rd�setbacks; Lot C is nonconforming with regard to lot area and front, side , and rear yard setbacks; Lot D on which proposed dwelling will be erected does not conform with regard to lot area , frontage , and depth of front and side yards . No one appeared in opposition. A careful study of the plan and facts presented . at this hearing by the . Mem- bers present revealed that these structures had been existing many yeai♦s prior to adoption of Subdivision Control Laws and the Zoning Ordinance for ' the City of Salem; the house on Lot A was standing on the original lot when purchased in1897; onLot=B=the-house was-busYt`in:1910;part3y-on-the-orig- incl=Tot--and-p-artiy-on landpurchased' in`1910 the other two structures were erected in 1910 and 1928 respectively. The Board found that to grant this appeal would relieve hardship to the pe- titioner, and further found that granting this appeal for variance would in no way derogate from the intent and purpose of the Ordinance and would not be detrimental to the public good, and for these reasons, voted unanimously to grant this appeal as requested. A, PEAL GRANTEDB�O/ARD O:' APPEALS // Act. Secretary SPT l woy.�y---- 40,x,. ._.�- -. ... _ .. _, _ . _ESSQY KkLlw o DG 6 i TSALK"MAW-, _mak. _BOARQ� A PEVA . 57 0' / N 33.oa 24.0 - y Rfr�' R SO17 N ,4 �ec.��sTdZpl3FdadscNo - - p 0 .r\� /G�,`/ RegfNsrd Dells 9� APPROVAL UNDER THE SUB- ' h DIVISION CONTROL LAW NOT REQUIRED UNDER N LOT A LOT B LOT C y CHAPTER 41G.L. SEC.81P cn a 2, 00s-em n 4,000 6,500ss.: J SALEM PLANNING BOARD "-- - - — -- -_ -- CHAT fAN— ' AL 4.0 so . . a DATE Z&--Zr 90 v v y I n /A'jl h.,vVal o�f:/l/1is / QOiyJ `•4 L/K.� u�BV QaQ� LOT D A ; Go ��6y ,,6�Fa/ Bm.� 6,000 12a�s./ 9-Z4-7o THIS ?UN HAS REED-1 FUXED. FOR C08�C^. SCALING SEE ORIGINAL ON Fr—E. SUBDIVISION QF LAND LN SALEM.MAS QCCUPI ED a_y THE ESTATE Henry�eaulieU S�p° a°. '- *.�� OF VICTOR CORB 1 N S m JOSE-H SCALE I = 20 FEET AUGUST 26 1970 ' D•v�' CARTER A TOWERS ENGINEERING CARP. X5.3 caT -'r a SWAMPSCOTT, MASS. ' Ne 191 MORTGAGE INSPECTION BAY STATE SURVEYING ASSOCIATES 234 CABOT ST., BEVERLY MA LOCATION : Sf}[Fm MAss,, NOTES: SCALE : Irl = 7-6) FT DTE /(g "i Z •This is a Mortgage Inspection survey and not an instrument survey, therefore this plot plan is for REFERENCE - �N_SIS. -. F_��7Q....___... mortgage inspection purposes only. S S eX-So:__ G!s�_ _-_ ____•__ •This survey is based on survey marks of others. •Bushes, shrubs, fences and tree lines do not To fEAlnecessarily indicate property lines. _- _ . In my professional opinion the buildings)are not located I hereby certify that I have examined the premises and that the in the special flood hazard zone, as defined by H.U.D. building(s) shown on this plan are located on the ground as •Whenever an offset is 1'± or less, an instrument survey shown and that they conformed to the zoning setbacks of the is recommended to determine prop. lines. C�Ty_olC Si4(�/Vj when constructed. •Offsets shown are approximate by tape survey. Z , (�OT LOT 8 � LIoe ao )0`' Lei A Ito iE OFR09ERTJAM S 9FClSfERE��"' s�hk ueo s I w r w a a DATE OF PERMIT PERMIT No. OWNER LOCATION Leo A. Corbin and E. Hartley Smith 229-231 Jefferson Avenue STRUCTURE MATERIAL DIMENSIONS No.OF STORIES No.OF FAMILIES I WARD COST DWELLING VWD 2 1 BUILDER 12/14/76 Board of Appeal For variances for the premises located at 229-231 Jefferson Avenue and adjacent vacant land. Denied. 11/15/91 #523-91 REMODEL KITCHEN & BEDROOM REPAIR ROOF, COST $2,000. fee $20.00 D.H. 2/18/92 #54-92 REMODEL, BATHROOM & KITHCEN, RELOCATE CHIMNEY FLU, SHEETROCK, 2 BAY WINDOWS, JACK UP KITCHEN FLOOR, COST $15,000. fee $95.00(OWNER ROBERT TALBOT) D.H. L I :> Z C OMT RO Lo; 60 .e 4 '4 1 vo: t _76 © N x s w 6�8p r l79 l7y -9000 l87 0 s,7c ♦ O v � X� / � 6?/"G. 'go';� 75 9 j s ,� O x� ' /g4 Rcv/` gCjr a � e. 166 7 r / „f'(4 a • � 65 /DOES SaoaT =,lfy 0 � . � ) JC 00 r 57 \ x� 195 i` _ — — O V Nr )0,200 t 1 % _Co"rRO 29 7Q AD '� 196 / �o 130-5 6;100 Y /92 — 199 2c /0 l3 6.000 /v5 2 / 20 ear l9 1, 10.3 O V sJL / 503 RT /'•� 198 e� so U -9500 9O,E5 , \Y' O p Q `V' 206 5 72 v z �wMENOQ 69 Q5� 3 7U :p00 ss.3 4 l 4 R L 1 OB se 9 %cis 00. N D s es 6 4"J b 3° C 7 a OCle i7 nc 1 53L 0 'X O. S' 6O.• , i , V_\ll �6 5 Z 2t2 213 163 � r 3800 4270 9000 �O 166 a i d/I :6 3� L � ' a �%% '• 7 93_5 O luT .. _.. �- 16 ^ (i 4 /7> 200 300 400 500 FEET APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . . i (ILt# of *1mi, cmttssar4uutts �• � °` �uttrD ttf �►�Pnl TO THE BOARD OF APPEALS: The Undersigned represent that he is are the owners of a certain parcel of land located at NO._229.J Mme. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • • . • . .Street; Zoning District.R-.3 . . " , , , , ., and said parcel is affected of the City aE S 7ariigi*L*+p. \� 2 PIan's describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A. 1 of the Zoning Ordinance. Potitiaaxs have eeortzd an agreaiert to pumd-ase lot B, which, is sbavin on the a=rpanying plan, fran the Estate of Ion A. Corbin. Lot B fails to oz farm in lot area, frat zge and front and side setbacks- A variance from the applicable rexuimsrstats of the Zmhg Ordinance was teamed by tie Bard of Appeal on SepteTber 21, 1970, tn,,ever the variwm lapsed due to Mr. O xbin's sutsEcivait 3 failure to reoced the decision with Essex South District Registry of daeds. � f m Np "" r o m T y . rl N t3? ' N N The Application for Permit was denied by the Inspector of Buildings for the following reasons: 'Ibis is a direct appeal. The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance 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 dero- gating from the intent and purpose of the Zoning Ordinance for the following reasons: 'Ire inusesituated on lot B was built in 1910 and hes bar in mitirnrxn use as a single-family dwelling sine than. 'Ire failure of Lot B to oatply with the applicable requireTents of the 7rning Ordinanace was addressed and resolveJ in favor of Mr. Oarbin's continued use of the property as a single-family resioare in 1970. It would not substantially derrxate from the intact and purpose of the zoning Ordinan e for the (bard of Appeal to allay tie Petitiaexs to use the property as a single-family dwellirg partim arly since they intend to provide on site pamddrg for at least cre mator vehicle. In addition, the failure of the Board of Appel to grant the reputed relief k.uuld ultimately ragui the demolition of the eadstug residffm and sale of the underlying land,.:. `i5:ift_fact tke_land can be sold."This unrocessary hardtdp can be avoided by granting the relief iFd herein. C_} Cn N cr) tn' J � t lJ U N wOwner. .l k*s qE.i� A..QDrbirl . . . . . . . . . . . . . . . . . CD � 00 CD S-- M r.. Address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . `s iR u Telephone. . . . . . . . . . . . . . . . . . . . . . . 0. tart Talbot and George W. 4�il, Peti ti oner?l> .c! . oW4Y. .`list. . . . . . Address. .Z1-4VKEPt.Pra0, .WW, i"A. . . . . . . . . . . . . . . Date. .MY .7,.1932. . . . . . . . . . . 745-1325 Telephone. . . . . . . . . . . . . . . . . . . . By A C,. Tm . Three copies of the application must be filed with the ecretary of Board of 'Appeals with a check, for advertising in the amount of. . . . . . . . . . . . . . . . . . . . . . . . . four weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. NO........... .................. PETITION 10 BOARD OF APPEALS LOCATION ................................................................ PETITIONER.......................................... ADDRESS........_................. .......... ........ . ................................................ CONDI I IONS ............................ .................................... ........................ ....................................... ..................................................... .......... . ................................................................. . :................................ .......................... .......................................... .............. PETITION APPROVED.................... ❑ li DENIED.... ............ C" a. cf.! ..................................................... 19......... CITY OF..SALEM BOARD OF APPEAL 795-9595 Ext. 381 Will hold a public hearing for all persons inter- ested in the petition submitted by BROADWAY NOMINEE TRUST for Variance at 229 Jefferson Ave.to allow existing dwelling which does not meet dimensional requirements to remain. (R-3). Said hearing to be held WEDNESAY, JUNE 29, 2992 at 7:00 P.M., ONE SALEM GREEN, 2nd floor. RICHARD A. BENCAL, Chairman June 10, 17, 1992 SN72316 i xxrrrrs rxfws ♦ ♦ Y ♦ Y Y ► • y y i Y Y CITY OF SALEM BOARD OF APPEAL 745-9595 Ext. 881 Will hold a public hearing for all persons inter- ested in the petition submitted by BROADWAY NOMINEE TRUST for Variance at 229 Jefferson Ave.to allow existing dwelling which does not meet dimensional requirements to remain. (R-3). Said hearing to be held WEDNESAY, JUNE 24, 2992 at 7:00 P.M., ONE SALEM GREEN, 2nd floor. RICHARD A. BENCAL, Chairman June 10, 17, 1992 SN72316 r r v v r r v v r r v v r v v v r r v r r r v v r v I CIT P OF SALEM BOARD OF APPEAL 745-9595.Ext. 381 Will hold a public hearing for all persons inter- ested in the petition submitted by BROADWAY NOMINEE TRUST for Variance at 229 Jefferson Ave.to allow existing dwelling which does not meet dimensional requirements to remain. (R-3). Said hearing to be held WEDNESAY, JUNE 24, 2992 at 7:00 P.M., ONE SALEM GREEN, 2nd floor. RICHARD A. BENCAL, Chairman June 10, 17, 1992 SN72310 p��`�O rrrrrrr-• r ,p vG� ' A `r r i 22� 6 �S I --S"LAM MASS. -- r� =BOARD FFAPE�i4 . 57.0' _�^'.—.;.xk. ✓� �T7 Rte ��� � ON I Q V - xsr,B_s�32p1.�F.ud eg No s f�D • � �-c� 20•o F Arre�+ -$o gooloarcf Dyads qui " APPROVAL UNDER THE SUB- DIVISION CONTROL LAW 3 f..3' �" p �' NOT REQUIRED UNDER LOT A . LO LOT C , y' CHAPTER 41 G.L. SEC.BIP 2, 005.F= 00$.v- 6,500sr.t t`�0 SALEM PLANNING BOARD py - - 70 — - -- — H A I R -�- u --- --- --- -- -- — -- -- C DATE Z0_—_Zr---7_0 I ✓I Xo�bio✓al,, /:1onav7e LOT D a` 9 6,000 \\ / .THIS ?LAN HAS BL'D! P�EDXED. FCR COR=_ . I q - ' SCALING SSS ORIGINAL ON FILE. SUBDIVISION OF LAND IAV L OCCUPI ED al THE ESTATE F ier.�yeautteU 9� p O ryO ' r�* do' M..;i' QI= VICTOR CORE 1 N s SCALE I"= 20 FEET AUGUST 26,1970 CARTER 8t TOWERS ENGINEERING CORP. X5.3 Tc2 r' 'C SWAMPSCOTT, MASS. q J• Ihmi�` ' Na 1991 r r ` r ~ :^'., E r.F,,.;E n ���t of �aILn I r4�u�Lz s rte, �-� laurlb JI L4T LZII 351 PH '70CJS �If/.Y•IvKI'�C� iTY Lu: •FFIC.E. r SALEMJm"ASS. -L"CIS_ON ON PETITION OI HENRY E. CORBIN REQUESTING WILLIAM F. ABBO,t VARI<'NOE FROM APPLICABLE., DENSITY REQUIREMENTS OF JAMES H.'BOULDER JOSEPH P. OOYLF CIT: ZONING ORDINANCE AFFECTING EXISTING STRUCTURES JOHN M. GRAY, SR. AT 225, 229 , 231 JEFFERSON AVENUE AND PROPOSED ARTHUR LABNECGUE EMERY .. YANCH DWELLING IN REAR OF SAME WITH FRONTAGE ON WHEATLAND J. NORMAN WELCH, JH. STREET Petitioner appealed to the Board of Appeals for a variance from the appllca- hl.e requirements of the City Zoning Ordinance with regard to existing struc- tures on lots A, B, AND C as shown on plan submitted, and proposed structure on Lot D of said plan, being numbered 225, 229, 231" Jefferson. Avenue and land in rear of same fronting on Wheatland-Street. `.�=hearing-was_he-ld�on thss�aPpea--"1 on-Septembe-r Zi;19'70, pursuant to notices mailed postpaid to the petitioner, abutters, board members , and others, and advertisements published in the Salem Evening News advising of this hearing. Board members present included Mr. Abbott, Mr. Gray, Mr. Labrecque and Mr. Tanch; unable to attend were Mr. Boulger, Mr. Doyle , and Mr. Welch. Counselor J. Andrew Foisy appeared for the petitioner, and explained the case the same as in the original appeal on-file; executors wish to settle .1e estate of Victor Corbin but are unable to dispose of his real estate 'eause existing lot lines divide the structure on Lot B in half. The plan shows that Lot A has insufficient area , inadequate lot frontage , and front , side and rear setbacks do not conform to the Zoning Ordinance ; tLo-t II fails t o---c"onf o rmsinsl ot_a r-eaya nd—1 o-t=f roast age-,-a-1-s o-f-non-t-and s d e--y a zd--se_t:b_a c Ks:; Lot C is nonconforming with regard to lot area and front, side, and rear yard setbacks; Lot D on which proposed dwelling will be erected does not conform with regard to lot area, frontage, and depth of front and side yards . No one appeared in opposition. A careful study of the plan and facts presented at this hearing by the . Mem- bers present revealed that these structures had been existing many years prior to adoption of Subdivision Control Laws and the Zoning Ordinance for the City of Salem; the house on Lot A was standing on the original lot when purchased in 1897; on--L"ot=B the-housewas=buil-t'iri 1910y--partly on the-oriF--I inal�lot=and--pa:rtly on=land=purchased-in_l910_; the other two structures were erected in 1910 and 1928 respectively. The Board found that to grant this appeal would relieve hardship to the pe- titioner, and further found that granting this appeal for variance would in no way derogate from the intent and purpose of the Ordinance and would not be detrimental to the public good, and for these reasons, voted unanimously to grant this appeal as requested. 45PEAL GRANTED BOARD OF' APPEALS BY $� Act. Secretary `r M - 141 44 a 4 C 0 M T R 0 L t /` so Y. C f 4 j e"( Q 184 . CC 900 ///��// ,)• 43 O Ibs qs-�o00 O ., * X76_ - x lay lrs allo e 9$c rz.s ,�&g -9000',J /87 3 -�o gsvp SPO 7 ' l94 � cV, se y/8a • r- 200 pEs '4 s4 OT Cfy '' 600V 2 0 r 195 r 10,000y� f925 — 4pC r: � 00 ph�RO .\1111, 12' COAD '� 196 /130-5 6.500 V I e . — 05 1 1:0 V . `3 6'000 /q'sC �2 1 10 L'. 1:0 '000 / - •O_3 / gJGC T 'SOC 98 63 , o 9Oe6 5p sp O q a gZoe 76 00 V : .W H E 4 s ��O U sC+O 3 69 t, y. :o� < e 55s lC 4 NQ espyO� ,[i8 ADO. 68 N15� 97 � °156 ^.oma r Z a o Z%0 T70 V r l63 r / . _ 9000 �Q Isb 66 3�3 L J z57 , �:---=- ✓.. . /146 ipo X77 200 300 400 500 FEET �MORTGAGE INSPECTION INSPECTION BAY STATE SURVEYING ASSOCIATES 234 CABOT ST., BEVERLY MA LOCATION 5r4LRY) MAS1,r --- . NOTES: SCALE I° =ZQ FT. DATE _-_ -_Z.�[8 12,_-______ •This isaMortgage Inspection survey and not an ��N L O O instrument survey,therefore this plot plan is for REFERENCE = .. - - - - - _� � --_----_�-_�--- mortgage inspection purposes only.. __ S$ X_ SO___O!S%. ... ....... •This survey is based on survey marks of others. ___ ____ __ __ _ __ __ _____ ____ _ ___ __ ____ ____ •Bushes,shrubs, fences and tree lines do not necessarily indicate property lines. To _ f��Q(TAC /5 __________ .In my professional opinion the building(s)are not located I hereby.certify that I have examined the premises and that the in the special flood hazard zone,as defined by H.U.D. building(s) shown on this,plan are located on the ground as •Whenever an offset is 1'± or less, an instrument survey shown and that they conformed to the zoning setbacks of the is recommended to determine prop. lines. _dlC S AL,EM_ _..._____ when constructed. •Offsets shown are approximate by tape survey. \v� Z , I.Of LoT C, 10 A r t�l ti w 2 1` a� ROBERT y JA S _ J N /1 4 `J, 'QFC/STEPEO S Z9iO E-FFElr�>S O N w w U Ctu of ttlem tt ssttc use##s '���� �nttra of c�p}iettl July 8, 1992 NOTICE IS HEREBY GIVEN THAT AS OF THIS DATE THE DECISION OF THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE CITY CLERK TO GRANT THE PETITION OF BROADWAY NOMINEE TRUST FOR VARIANCE TO ALLOW THE EXISTING SINGLE FAMILY DWELLING TO REMAIN AS IS AT 229 JEFFERSON AVE. BOARD OF APPEAL Brenda M. Sumrall Clerk of the Board Appeal from this decision, if any, 'shall be made pursuant to section 17 0@ 1 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. Ce.,.^.;al Laws, Chanter 808, Section 11, the Variance or .etial Permit gr!n!e ' ho em shcil not take effect until a copy of the decision, bearing the certificatlo:i of ti)e City Clerk that 20 days have elapsed and no appeal has been fired, or that, if such appeal has been filed, that it has been dismisseu 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 @n the owner's Certificate of Title. BOARD OF APPEAL _'ATE OF [=EAP,ING X02 PETITIC:IER ��oyJyityez� L✓�c��` .DCATION ;90TION: lC GRANT SECOND 70 DENY SECOND 70 RE-HEAR SECOND -SAVE TO WITHDRAW SECOND '73 CONTINUE SECOND POLL CALL PRESENT GRANT DENY WITHDRAW RE-HEAR CONTINUE RICHARD PENCAL v/ RICHARD FEBONIO FRANCIS GREALISH ✓ EDWARD LUZINSKI ✓ STEPHEN TOUCHETTE ASSOCIATE iEMBERS RONAP'. r ART LABRECOUE CONDITIONS:�� ( 3) a (J TIMOTHY E. KAVANAGH ATTORNEY AT LAW 14 MAY STREET SALEM.MA 01970 TEL 4508)741-4417 FAX 1508 741-447- May 8, 1992 City of Salem Board of Appeal Two Salem Green Salem, MA 01970 RE: Petition for Variance 229 Jefferson Avenue, Salem, Massachusetts Dear Sir/Madam: Enclosed please find a Petition for Variance, in triplicate, for the above referenced property together with four checks for the various fees . Kindly file. Very truly yours Timothy A Kavana -� 4SPK. �� FriaOARD A PE�A�S . K-10 Y ?'D a2 .xr RS ON4s No - s o vL- �yC�/.y .. $eglNsfel DeedO APPROVAL UNDER THE SUB- ,.;o,: � h DIVISION CONTROL LAW 0 3 `.' J' 0 NOT REQUIRED UNDER t-. LOT A LOT B� �� LOT C y' CHAPTER 410.L. SEC.81P cn +� 2r300ae_ 4,000.57 6,500ZF.. CHAIR 3a � _-SALEM PLANNING BOARD -- — OATEty-/S-7o Q Q p t o Q6� - / ♦ �/ /��i�iEo�.FJCYYr� � e• / LOT D 6,000 sca / - a THIS PUNHAS 9E-I F=AFf,l' . FOR COv"EC? . SCA.LISC SEE ORIGPaAL ON FII . i' SUBDIVISION OF LAND LN SAL OCCUPIED BY THESB TATE ' QF VICTOR CORBIN Hanry�eaul�eu 9�p m o .i�4��r— o JOS PH SCALE I"= 20 FEET AUGUST 26,1970 / `' � CARTER a TOWERS ENGINEERING CORP. 'y CA4TER 1`,r SWAMPSCOTT MASS. Na X99� i Ems: MORTGAGE)NSPECTION BAY STATE SURVEYING ASSOCIATES 234 CABOT ST., BEVERLY MA LOCATIONSz}(�m NOTES: A _ SCALE : I° =ZQ FT. DATE _-_ -_Z_�[8 .9Z___ --_- •This is a Mortgage Inspection survey and �an instrument survey,therefore this plot plan is for REFERENCE _ _ N_�LS_ ..oF_(�7o.......... mortgage inspection purposes only.. SCS-- --- --- -- s j ___ ..____ .This survey is based on survey marks of others. . ... .... .. .. . .. _. ..... .._. . _.._. ......_. • Bushes, shrubs, fences and tree lines do not To necessarily indicate property-lines. . ............ . In my professional opinion the building(s)are not located I hereby certify that I have examined the premises and that the in the special flood hazard zone, as defined by H.U.D. building(s) shown on this plan are located on the ground as •Whenever an offset is 1'±or less, an instrument survey shown and that they conformed to the zoning setbacks of the is recommended to determine prop. lines. CI Tt _ _ __.____-. when constructed. •Offsets shown are approximate by tape survey. z . LOT S c a°°0 0 A r 1_0 t�iw4 r �N Or �rq�s°cy LL% y. . RO ERT _ JAM S _ J q �rs��EQsrLaEaoe'� 29 0 f LANA w w U `EU�lil rq\ I, ECc, ,_n T of iy Ct�i" c`T�ScTL���2�nI 5 3 si PN '70 nrx� si �Lzttt1 fTY �I- GFFICE-CISION ON PETITION OF HENRY E. CORBIN REQUESTING WILLIAM E,. ABBO TTA[E�J ?. SS ASS. Lu { REQUIREMENTS VARIANCE FROM APPLICABLE DENSITY OF JAMES N. BOULDER JOSEPH F. DOYLE CITY ZONINTG ORDINANCE AFFECTING EXISTING STRUCTURES JOHN M. ORAV.,BR. AT 225, 229 , 231 JEFFERSON AVENUE AND PROPOSED ARTHUR LAANDWELLING IN REAR OF SAME WITH FRONTAGE ON WHEATLAND EMERY P, TANC.CH J, NORMAN WELCH. JR. STREET. Petitioner appealed to the Board of Appeals for a variance from the appl'ica- hle requirements of the City Zoning Ordinance with regard to existing struc- tures on lots A. B, AND C as shown on plan submitted, and proposed structure on Lot D of said plan, being numbered 225, 229E 231' Jefferson. Avenue and land in rear of same fronting on Wheatland Street . a_ :�'fiea_rring_wa-s_he13'on;£his-appealyon:Sep_tember 2L'=1970, pursuant to notices mailed postpaid to the petitioner, abutters, board members , and others , and advertisements published in the Salem Evening News advising of this hearing. Board members present included Mr. Abbott, Mr. Gray, Mr. Labrecque and Mr. Tanch; unable to attend were Mr. Doulger, Mr. Doyle , and Mr. Welch. Counselor J. Andrew Foisy appeared for the petitioner, and explained the case the same as in the original appeal on file; executors wish to settle - )e estate of Victor Corbin but are unable to dispose of his real estate cause existing lot lines divide the structure on Lot B in half. The plan shows that Lot A has insufficient area, inadequate lot frontage , and front, side and rear setbacks do not conform to o the Zoning Ordinance; (Lo_t_B_:fa:i1-s) -- - - ��__ __ =- -- to conform-: n lot area_and_1o_t_frontage-,-also-front-and_ ide--y.a.rd�se-t backs; Lot C is nonconforming with regard to lot area and front, side , and rear yard setbacks; Lot D on which proposed dwelling will be erected. does not conform with regard to lot area, frontage, and depth of front and side yards . No one appeared in opposition. A careful study of the plan and facts presented at this hearing by the . Mem- bers present revealed that these structures had been existing many years prior to adoption of Subdivision Control Laws and the Zoning Ordinance for the City of Salem; the house on Lot A was standing on the original lot when purchased in 1897; on-Lo-t-B--£heyhouse wave=bu ,t=in 19-10,-partly�on-therorig iria`l-tot'and--partly-on-land-purchased-in-1910-•, the other two structures were erected in 1910 and 1928 respectively. The Board found that to grant this appeal would relieve hardship to the pe- titioner, and further found that granting this appeal for variance would in no way derogate from the intent and purpose of the Ordinance and would not be detrimental to the public good, and for these reasons, voted unanimously to grant this appeal as requested. A5PEAL GRANTED BOARD O:'- APPEALS BY Act. secretary44 4 Lu 41 x , C OMT 110 Lt 60 1.LLL4 /Y' O ♦ a r Al o „ B 8 .fir50 c 'o 184 / \�_ \` Q CD � a.;oo ,.. El e h t X7,6— Q x Of ,'9 9 17 b sI & 'fee J ' ♦ .0 75 9 - O wO` ..,�00 a w - 'P 8 R 5 SU7u X� 0 dill, cirr A 4 E4e 0 a y� �G LC o ♦ 6,5 io 0'S M T 4CEy ' \ )5 _ _ V 5200 57 6X1 195 P925 t _tam °0w*sOc s s0,ZOO 130 i /g3 ► _ zzs,s IZ4 t RG AO 196 �3�oc0yTg0 IhI, 1 13o-s 6,500 192 2C 5 05 T3:G u I " 1 619000 �9s 2 / 2p 2 /�s-9,, lg _ o - W— ` 2x 0 1 �• 3 °mac ,, •c_3 O 8 4pOo 90 6 J t9 e� So 6j O a 0 206 W Qs ,16 TV/ '�� J z s 555, HfgrC NOU 3 69'5 a 4IV `lO 7 E8 %Cis q�0 ,. O 50"0a z bo _ ° 63C 0 jL / s- ° 60 cc-', N ,62 7,.15~6 5 /SQ 63 3. 4 sar Z • ` i0 ZlZ Q�'y SS V`� r 3800 ,270 9000 Of /66 x — X00 166 4$9i O7T 200 300 400 SOO FEET - �_.��•.��.w.v„� _ '�►7f!i his^l♦Lr3' •- , J BOARD OF APPEALS PETITION .,t We, the undersigned, abutters and homeowners residing near to that certain parcel of land with the building thereon known as and numbered 229 Jefferson Avenue, Salem, Massachusetts, wish to be recorded as being in favor of the Salem Board of Appeal granting the variance sought by O. Robert Talbot and George W. Weil, which hearing upon their petition is scheduled for Wednesday, June 24 , 1992 . The reasons for which the petitioners are seeking this variance have been fully explained to us and we are of the opinion that granting the petitioners' request for a variance will neither. be detrimental to the public good nor derogate from the intent of the Zoning Ordinance. NAME ADDRESS V 1 � l !.� v nviA C/4✓fa li Xi(1/-Q/ ICJC7-��'� �� ' // 0 ` 06-08-92.15:04:15.72316-LEGF h CITY OF SALEM ,r 1 BOARD OF APPEAL 745-9595 Ext. 381 Will hold a public hearing for all persons inter- ested in the petition submitted by BROADWAY NOMINEE TRUST for Variance at 229 Jefferson Ave.to allow existing dwelling which does not meet - dimensional requirements to remain. (R-3). Said hearing to be held WEDNESAY;JUNE 24, 2992 at 7:00 P.M., ONE SALEM-GREEN, 2nd floor. ;.•sr RICIIARD-A. BENCAL, Chairman June 10, 17, 1992 SN72316 a owVP . S�, ". s4 MASS. = 60ARArQ Ihr� FRS , a, 7� _� W s ,A $esbtera Dead& 4� 4dAPPROVAL UNDER THE SUB- DIVISION CONTROL LAW NOT REQUIRED UNDER LOT A T B LOT C y CHAPTER 41G.L. SEC.BIP N. N 2, 00sF= 04,000 6,500 ��_ 3°0 ;_.-SALEM PLANNING BOARD 0l -- - -- ''-- -- -- - - - - -- -i- -.- — CNAiR SAN amu . _ Q •.° Q Q C ` 7• s - - DATE /y-/S 7D/ J �ro� fu�jvc� to Uaris�ce a9"?ol LOT D ��6 \ / 6,000 TIM -LAN HAS BB:I FZDXED. FOR C07 .^__C_ . \ a ' SCALING SBS ORIGINAI. ON FILE. �UBDI V ISI ON OF LAND LR • AL M.,MASS OCCUPIED BY THESE TATE F VICTOR CORBIN Henry Beaulieu 9�o° R m o,. �orr'``ose,H \` SCALE I"= 20 FEET AUGUST 26,1970 D l.t CARTER a TOWERS ENGINEERING CORP. c KTzs t SWAMPSCOTT MASS. ' 'YDi0 SU 4 MORTGAGEANSPtl(IT BAY STATE SURVEYING ASSOCIATES 234 CABOT ST., BEVERLY MA LOCATION S/�LFfVj ZM S NOTES: r Z- t-- - SCALE : I�� = UT. DATE :: _- 9Z •This is a Mortgage Inspection survey and not an instrument survey,therefore this plot plan is for REFERENCE : _ ti- /S. _.�F•��7Q...._..... mortgage inspection purposes only. - - - •This survey is based on survey marks of others. ...._ . .. ... .. ... . . ... • Bushes, shrubs,fences and tree lines do not To �F�/7A 6 ^J necessarily indicate property lines. . - �� �5. - ----- • In my professional opinion the buildings)are not located I hereby certify that I have examined the premises and that the in the special flood hazard zone,as defined by H.U.D. building(s) shown on this plan are located on the ground as •Whenever an offset is 1'± or less, an instrument survey shown and that they conformed to the zoning setbacks of the is recommended to determine prop.lines. Cr Ti/ dtC SALMI!)_-________ when constructed. •Offsets shown are approximate by tape survey. i 1 r d t i Z DoT G ate r HTt0 . VA Of l'�tiU'n r ��. ROBERT JA S 9 9FGYSTE0.E0�`QQ 5- 1 1 U 06 �� r k a x U BOARD OF ASSESSORS CITY HALL PAGE. 7- ..... I" ....... SALEM'I IMA01970• 2 ;2Q 2 DATE-Il ,�06 10Al? ll'o"V"EMIII�.'Illl"�_ .........II�, I Ut 'CEf?T 46t 7 3 RS 4 0 5 SUBJECT PROPERTY: MAP: 24 LOT: 0197 6 6 PROPERTY ADDRESS: 0229 JEFFERSON AVENOE 7 'ASSESSED OWNER 9 '�I` 1 8 C/0 CORBIN V-(C:TOR`A0 11 To—MAP-COT-Sl3F DDRESSASSESSED-OWNER PtIVIrING-ADDRESS 13 * 14 2 24 0197 0229 JEFFERSON AVENUE CORBIN LEO A 13 WHEATLAND ST 15 13 C-to-c o R B-I-N-V-.(-L-T-cy SF. 01-IMA-01947-0 AE 17 14 24 0072 02:32 JEFFERSON AVENUE VASS EDWARD K JR JEFFERSON AVE 15 PAULINE R. SALUE.*M MA' 01970 16 4, 1 1 E02 ul-l.ju �M-TERSQN AVENUE 236—J-EFFERF E)N-A -1 21 2210 017 BROOKS STREET SALEM CITY OF SALEM MA 01970 23 ,a 24 0193 0000 —1 24 79 ................I.......... ...... ......... .............. ........ I ..... C'C AVENUE I -I I I -',2131�JEFFERSC A !-13�jEFFERS .E UE'","' I 0 27 zfi 11,2�'%1"I'l;......... 02 ......... • DON L. M�MA 61 0 21 ..... ............ ... .... I z 1, 1 1 A. 28 ISA i2 AVEHOE 29 23 C/o (.3-ORBIN VICTOR A SALEM MA 01970 30 178 0231 JEFFERSON AVENUE CLAY NINA M 231 JEFFERSON AVE 0 24 24 01 3132 25 ........ ..... I I ............ ........ .......... ........... ............. 33 I. ............ .... .. AI. -.lEATLAN1 34 R ...... I : - 26 091AWHE P 0, ttAJLIIEU`�MA I'CE,' ""i, W1 ST ........... E M A� 0 19 7 0 0 ........... E,EI A U I'm IF U, R Cy(E R 350 27 I 1 111-11, 1%, .11 1: 31 .............. --��WHE-ArTEAW-)-' Ta uee— E 3 29 BEAULIEU PAUL BEAULIEU ROGER SALEM MA 01970 30 0 39 30 4.1 31 41 0 32 42 430 33 44 34 45 460 035 47 36 qg 37 . : .e<,: 49 .. ............ 38 50 21 511 I� 52 ................ 39 40 53 54 0 41 550 z 42 56 43 1 ....... 57 ......... ..... �2, .............. 44 ........... 45 e 60 46 61 47 62o 0 :31 48 4 4985 ..... 17 6, 52 69 0 53 70 710 54 LZ 73 PE . tl ` 74 TF R n CAT ON % 6 ( HIEF ASSESASOR ' 750 *�7 175 CITY OF SALEM FLOOD [?`C1 '`= �-J i o —y t s— — W E�sv' T 221 i rC a COATaot_J t LL 4 f2g 8- ;-)6 t �Mo tip' q,� f2 7 r 'oa 3 1 C 0MT RO g0 32p0 r ? e 59 O / r \ 0' ;a`j.7 09� ,p Si1 '3.i3�.5 P A N O78 a N v e 84 � >� o N oo O o 6590 .sl81 O A 9000 �ss a PIr X y / 75 83_ go X - 74 ,:I.• S ...+. \1 ^V6 C. 1 .n 3q g5. 105200 r[ 57. t95� r 5 r eO »S^r J0.2D0 >,.« . . 6v " x•, � F925 . � _. .� � - 46 13C ' n wou.3 R" I WIN uLUREN ! ssoo � 1 � yhN W 4. 4 � X2v3K ly 69c ,000'f0z �'s,h ?Tf4Tl .0 too Cr66�� y31 Sq 0 too 30'0 430 "CO FEET \�'\ 2 ` --� ��y���-�A�flit/�P/Lt/ �e_1��i rz•���� ^ �y , l _ & Pip,,,-