Loading...
272 JEFFERSON AVENUE - ZBA (3) i 272 JEFFERSON AVENUE lGEORGE & JUDITH JETER T V �9 \ m� J 272 JEFFERSON AVENUE GEORGE & JUDITH JETER \ ` J U� I s . _ J CIV of �Stt1Pm, { ttssttLllusP#fs 3 `-4 9 Pourb of 'Au#real P1aR 7 C/IY DECISION OF THE PETITION OF GEORGE & JUDITH JETER REQUE�T' Ars � VARIANCE FOR THE PROPERTY LOCATED AT 272 JEFFERSON AVENUE (B F A hearing on this petition was held February 18, 1998 with the following Board members present: Nina Cohen, Albert Hill, Richard Dionne and Paul Valaskagis. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner requests a Variances from land area, lot width, lot coverage, sideyard & rearyard setbacks and a Variance from parking to divide the lot for the property located at 272 Jefferson Avenue. The Variance which has been requested may be granted upon a finding of 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 land, buildings, or structures in the same district. 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 derogation from the intent of the district or the purpose of the Ordinance. The Board of Appeal , after careful considerations the evidence presented at the hearing, makes the following findings of fact: 1 . The property at 272 Jefferson Avenue consists of a 5,000 square foot lot with two buildings. The building closest to Jefferson Avenue is a four-family residence, and the building at the rear of the lot is a single family residence. 2. Petitioners, who have owned the property since 1991, sought permission to divide the property into two lots. 3. Petitioner was represented by Attorney Stephen P. Maio of 85 Constitution Lane in Danvers. Petitioner also sought variances from the requirements of the ordinance with respect to each of the newly-created lots. With respect to the lot closest to Jefferson Ave. shown on the drawings as Lot 2, petitioner sought variances from front, side and rear setbacks, from lot size, maximum Lot coverage, frontage, and parking requirements . 5 . With respect to the rear lot, shown on the drawings as Lot 1, petitioners sought variances from front, side and rear setback, lot area and frontage requirements. DECISION OF GEORGE AND JUDITH DETER REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 272 JEFFERSON AVENUE page two 6. Ms . Elizabeth Kauler, an abutter at 274 Jefferson Ave. , appeared and requested that the Board require a fence to be installed between her property and the petitioner's property to set apart areas that will be used for vehicular traffic (on the Jeter's side) from areas to be used for play (on her side) . 7. There was no opposition to the proposed relief. On the basis of the above findings of fact, and on the evidence presented at the hearings, the Board of Appeal concludes as follows: 1 . Special conditions exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substation hardship to the petitioner. 3 . Desirable relief can be granted without substantial detriment to public good and without nullifying and substantially derogating from the intent of the district or purpose of the Ordinance. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Zoning Board of Appeal voted unanimously, 4-0 to grant the variance requested, subject to the following conditions: Lot 1 1 . Petitioner shall comply with all city and state statures, ordinances, codes and regulations. All requirements of the Salem Fire Department relative to smoke and safety shall be strictly adhered to. ] . A Certificate of Occupancy is to be obtained. Petitioner is to obtain approval from any City Board or Commissions having jurisdiction including, but not limited to, the Planning Board and Conservation Commission. i . Petitioner is to install a fence on the southerlv side. 6 . Cross easement for Lot 2 to enter and exit. Lot 2 1 . Petitioner shall comply with all city and state statures, ordinances, codes and regulations. 2. All requirements of the Salem Fire Department relative to smoke and safety shall be strictly adhered to. 3. A Certificate of Occupancy shall be obtained. DECISION OF THE PETITION OF GEORGE AND JUDITH JETER REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 272 JEFFERSON AVENUE page three � . Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 5 . Cross easement to enter and exit the property. Variances Granted February 18, 1998 /Nina Cohen, 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 \ I J0N Jr n 4 RTHVR m A 1T. u O 1 Rao&m sT STOR y s� ? CM REGISTRY N/F LOCUS MAP 1" = 500' MICHAEL J. ZVBIEL BIG 6185 PC. 523 N23'4919-W '- 50.00' / ' N2341'41'W 29.01—_--;� ,LOT 1 X �. 2 294 S.F., ZONING TABLE - B 1 DISTRICT 1 PARKING . . . . . . h SPACE LOT 1 LOT2 n � /EXISTING 917S2ING (E) EXISTING (E) n N 2 STORY/ I REQUIRED PROPOSED (P) PROPOSED (P) o FRONTAGE 60 © • . WOOD FRAME I (P) 10' (P) 40 / DWELLING AREA 6,000 S.F. 22:87 / #272R I (P) 2,294 S.F. (P) 2,706 S.F. ' S23'4"rE 4-6.0' / I SIDE YARD 10' (E) 1.4' (E) 2.8' 6.0' ((P)) 4.b' 56, ® l9 I REAR YARD 30' (E) 1.4' (PJ 14.8' 1 Ib FRONT YARD 1 b' (E) 66.5' (E) 1.8' • `�`8��. Nf0 lo • 17.00' . `. . . lorww COVERAGE 40% a ® `S23'49''19'E i 21. . . ALLOWED (P) M. (P) 45% PARKING • _ ' . • . • PARKING & ACCESS LOT 2 — 6 (P) Z SPACES (P) 3 SPACES . . . . . . . . . . . . . . . . . . . . 2tO81 S.F. . 6 EASEMENT ROBERT FFKAULER s234919'E i HENRY J./FREGEAU BK. 12565 PC. 429 PORCH . . . . BK. 3075 PC. 57 fro P / /LOT 2 2 706 S F 4R. t '� I CERTIFY THAT THIS PLAN CONFORMS $ Ib h a TO THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS. 1EXISTING • . ' ' WOOD FRAME PROFESSIONAL LAND SURVEYOR DATE DWELLING • . ' #272� 'bSM OF M A� If,HgFL D. . . . . °, BOV10 N / n No.34609 qpF ONP� i N23 49'19'W 50.00' JEFFER S ON AVENUE (PUBLIC - VARIABLE WIDTH) DEED REFERENCE: BOOK 10912 PACE 347 PLAN REFERENCE: BOOK 1001 PACE 300 ASSESSOR'S MAP MAP 23 LOT 31 ZONING: B 1 DISTRICT UNDER THE CONTROLLLAW NOT REQUIRED VISION PLAN OF LAND IN SALEM, MA SCALE. 1" = 10' FEBRUARY 1, 1998 PREPARED FOR GEORGE JETER PREPARED BY COASTAL SURVEY WADSWORTH VILLAGE — DANVERS BUILDING 130 CENTRE ST. — DANVERS, MASSACHUSETTS SALEM PLANNING BOARD (978) 774-9450 DATE: o• a' lo' so' ao'