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odwr CITY OF SALEM, MASSACHUSE TS, I. ..
EM MA
BOARD OF APPEAL �-`Qi OFFICE
120 WASHINGTON STREET, 3RD FLOOR
a SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595
FAX: 978-740-9846 7 7001'1
KIMBERLEY DRISCOLL t1ft '1 29 P 5: 25
MAYOR
March 29, 2007
Decision
Petition of Melissa Shea requesting a Variance
for the property at 12 Larkin Lane
City of Salem Zoning Board of Appeals
A public hearing on the above petition was opened on March 21, 2007 pursuant to
Massachusetts General Law Ch. 40A, Sec. 11. The following Zoning Board members
were present: Nina Cohen, Richard Dionne, Annie Harris, Elizabeth Debski and Robin
Stein.
The petitioner, Melissa Shea sought a variance from lot size to subdivide a parcel for the
property located at 12 Larkin Lane, Salem, in the Single-Family Residential (R-1) zoning
district.
The Board of Appeals, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the Petition submitted, makes the following
findings of fact:
1. Petitioner's property is in the Single-Family Residential (R-1) district and is a
pre-existing, non-conforming lot in a residential neighborhood.
2. The petitioner was requesting a variance from lot size to subdivide the front
and rear portions of the parcel, which front on different streets.
3. The existing frontage was also below the required one-hundred (100) feet in
the Single-Family (R-1) zoning district and a waiver from frontage was sought
for the proposed new lot to be located at 19 Victory Road.
4. The petitioner acknowledged that they will be going to the Planning Board to
seek an Approval Not required (ANR) division of the parcel, should the ZBA
approve the relief requested.
5. The petitioner stated that they would probably try to sell the proposed new lot
as a residential lot.
6. Two members of the public spoke on the petition, none were opposed to the
requested variance and waiver from frontage.
- r
On the basis of the above findings of fact, including all evidence presented at the public
hearing, including, but not limited to, the Petition the Zoning Board of Appeals concludes
as follows:
1. The petitioner's request to for a Variance and waiver from frontage does not
constitute substantial detriment to the public good as residential uses are
permitted in the R-1 district and the lot size in the area is similar to that which
is proposed by the subdivision of these parcels
2. The requested relief does not nullify or substantially derogate from the intent
or purpose of the zoning ordinance as residential dwellings are a permitted use
in the R-1 district and the lot will most likely be used for construction of a
single-family home.
3. In permitting such change, the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
In consideration of the above, the Salem Board of Appeals voted, five (5) in favor
(Cohen, Dionne, Harris, Debski, Stein) and none (0) opposed, to grant the request for
Variances, subject to the following terms, conditions, and safeguards:
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
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Nina Cohen
Salem Zoning Board of Appeals
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 of filing of this decision in the office of the City Clerk.
Pursuant to the 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 certificate 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 and 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.
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CITY OF SALEM ASSESSORS & PROPERTY ADDRESS.
= Z -4 _ = _ #12 LARKIN LANE, SALEM, MA 01970. PARCEL LID 42-0045-0
^ o - _ - (ACCESS ALSO TO VICTORY ROAD)
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TITLE REFERENCE
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OWNER: LARKIN LANE NOMINEE TRUST
q t�gSys �� ROBERT M. SHEA, MELISSA SHEA & MICHAEL SHEA.
p m z r fl �F ` __ _ J�' _ #12 LARKIN LANE, SALEM, MA 01970.
0 O � � mo �oo> R - � P.
DEED BOOK 11839 PAGES 324-325.
T1 Z v ry z A ut m o� ESSEX SOUTH REGISTRY OF DEEDS, SALEM, MA.
m ;u tn (nr
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0 z z DERBY ST. _ = NOTES) PROPERTY LINE LOCATION DETERMINED BY STREET LAYOUT
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SALEM HARBOR AND RECORD LOT MONUMENT RECOVERY.
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s co m z N m - THIS IS A FIELD INSTRUMENT RETRACEMENT SURVEY.
� D LOCUS MAP N.T.S.
,Q. v 3! 2.) LOT AREAS DETERMINED FROM FIELD SURVEY LOCATIONS
0 N AND RECORD PLANS, COMPUTED AREAS DIFFER FROM DEED.
N\ In�
J� ZAP FLOOD ZONE
\ v Mv r-,o -X I m THE SITE LIES IN ZONE C, AN AREA OF MINIMAL FLOODING AS
o c r I SHOWN ON THE FLOOD INSURANCE RATE MAP COMMUNITY
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PANEL NO. 250102-0001 B, DATED AUG. 5, 1985.
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; � -y4 Cl I CITY ZONING
A z T Rl - RESIDENTIAL 1 FAMILY
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ZZ v 4. I ZONEp DIMENSIONAL REGULATIONS R-1 DISTRICT
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A� MINIMUM LOT AREA: 15,000 S.F.
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I M„9l,£Z,b£N o MINIMUM LOT WIDTH: 100 FT.
to to -� % z o MINIMUM DEPTH OF FRONT YARD: 15 FT.
__ __ __ _ 10l ,£S'86 %' X MINIMUM WIDTH OF SIDE YARD: 10 FT.
30N33 DOOM om I , m 0 MINIMUM WIDTH OF SIDE YARD: 30 FT.
'�/ z MAXIMUM HEIGHT OF BUILDINGS: 35 FT.
I rn0 W I z I MN0 m z MAXIMUM HEIGHT OF BUILDINGS (STORIES): 2 1/2
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NOD zD° f� m > - J` N CONCRETE WALL
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PURPOSE OF THIS PLAN v vm O A I ,l0 0Z WATER SHUT-OFF VALVE
LOTS 54 AND 37 ARE DEFINED BY RECORD DEEDS AND BY RECORD PLAN 'tn Io _ z C+o o I I I cv
AS TWO SEPARATE PARCELS OF LAND. THE CITY OF SALEM HAS ASSESSED Iw1 Co I0 0 A L4 ai GAS GATE
THE PARCELS AS THOUGH BEING COMBINED, HAVING A STREET ADDRESS OF q� z z �� v i____ _______33N33 000M __ _ _101 ,0803 '66 I 1 J
#12 LARKIN LANE. THIS PLAN HEREBY STATES THE INTENT OF THE CURRENT o or rn -C m Im o m �om n1 r I I SN SIGN ® MONITORING WELL
OWNERS TO ASSIGN LOT 37 THE ADDRESS OF #19 VICTORY ROAD WHILE -+ ' o z c I 3„9I,,£Z.ti£S
" I o r Z I �- IR FND. IRON ROD FOUND, PROPERTY MARKER
LOT 54 SHALL RETAIN THE ADDRESS OF #12 LARKIN LANE, THE DIVIDING LOT 0 = r o Gov o a,
BOUNDARY SHALL REMAIN AS DEFINED BY RECORD DEEDS AND PLAN. I �� W y I r m � '4 o IP FND. IRON PIPE FOUND, PROPERTY MARKER
CA
EPLP/SB PIN IN LEAD PLUG, STONE BOUND
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END. E BOUND WITH DRILL ELEVATIION, GROUND ORLPAVEMENT
1 0
` —OHW— OVERHEAD WIRES
APPROVAL UNDER THE SUBDIVISION CB ❑ CATCH BASIN
CONTROL LAW NOT REQUIRED , , 0 I
0 �c _ 0 � CBCI CATCH BASIN CURB INLET
CITY OF SALEM PLANNING BOARD y n �sw� ` I 30N3d DOOM •_,_._.—• M-N � > r > m 0
ti n H �.—. - -- —.—._. N I
O i+ i 1 m D O D 618.00 BOTTOM ELEVATION OF WALL, STEP, CURB
y y o A m �> A w m m � T19.00 TOP ELEVATION OF WALL, STEP, CURB
N � r Zz `
' r- r- m A. N. R. PLAN
Q < \ j rnMrrr, -rrc N
O j N #12 LARKIN LANE
0
3 #19 VICTORY ROAD
O \yam to _0 SALEM, MA
102•56' z SCALE 1 " = 10' FEBRUARY 9 2007
S1t SOT m m SURVEYED BY '
,39z6� Im A SUREY
105R DERBYOSTREET,SSALEMV MA 01970.
DATE: f I c
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Tel.(978) 542 1920 Fox.(978) 542 1921
REGISTRY USE ONLY �ti
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I CERTIFY THAT THE PROPERTY LINES SHOWN HEREON ARE THE LINES DIVIDING EXISTING OWNERSHIPS, OZI- -
AND THE LINES OF STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE STREETS OR WAYS ALREADY ;N -<m
ESTABLISHED, AND THAT NO NEW LINES FOR DIVISION OF EXISTING OWNERSHIP OR FOR NEW WAYS ARE SHOWN. woc
I CERTIFY THIS PLAN CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS, y rn I NO. DATE DESCRIPTION BY
COMMONWEALTH OF MASSACHUSETTS, AS REVISED THROUGH JANU RY 12, 1988. 0
��Q'1HOF �o PLAN REFERENCES GRAPHIC SCALE
for PAT,R11 K � CITY LOT PLAN IN DRAWER '80, SALEM REGISTRY PLAN ROOM. ,Q G 5 10 x w IORAmBy- P.McCORMACK, PLS DATE.• 2/9/07
VICTORY ROAD ACCEPTANCE PLAN - PLAN BOOK- 79 PLAN 32, MARCH 1950. ` I
MNo.3,1715 CITY OF SALEM TAKING IN DEED BOOK 3727 PAGE 346, BY VICTORY RD.
No.3i1715 x ' - a.. --- .. {--^�—•, „'_...—�
CITY OF SALEM LAND - PLAN BOOK 228 PLAN 38, END OF LARKIN LANE. / OF REVISIONS
IN �, � DRAWING NO.: 488ANR
DATE PROFESSIONAL LAND SURVEYOR orJILLO
1 lat�. h = 10 ft
JOB NO.: 488 SHEET 1 OF 1
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