17 LUSSIER STREET - ZBA I -7 C-US5 �� ST
Super Tab.
WS���m .
/// I 5 M EAc?
KEEPING YOU ORGANIZED
No. 10301
oixwmwm
W ljum
GETORGIW®AT&WD.COM
CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
PETITION FORM
CITY OF SALE MASSACHUSETTS
BOARD OF APPEALS 20!5 JUIN 22 P 3: 24
a A3, g 120 WASHINGTON STREET,3an FLOOR r.
SALEM,MASSACHUSETTS 0197 F i�E
�iMpV6DOC?P; Thomas St Pierre,Director of Inspectional Services
Phone: 978-619-5641 /Fax: 978-740-9846
KiNsERLEY DRISCOLL Erin Schaeffer,Staff Planner
MAYOR Phone:978-619-5685 /Fax:978-740-0404
v�l 2 2 4 1
TO THE BOARD OF APPEALS: DEPT. OF PLAW4 NG a
The Undersigned represent that he/she is/are the owners of a certain parcel of land located at:C09AMLJA.4TY D NELOPMo M"r
Address:
17 Lussier St (a/k/a 2 Atlantic Ave.Z)onin g District: R-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 yard is 32 feet; the proposed"addition would reduce the depth of the rear yard to 22 feet.)
Propose to construct 26' x 60' 2.5 story attached 2—family dwelling with garage
parking underneath on this corner lot in R-2 District. Request dimensional relief
from min. lot area (5,250 where 15,000 sf required) min. for area per dwelling
( 2,625 where 7,500 sf required) and min. rear yard depth (3 ft. where 30 ft. required) .
For this reason I am requesting:
()p Variance(s)from provisions of Section 4.1.1 of the Zoning Ordinance,specifically from
Min. lot area, min lot area/dwelling, min. reay yar4e. minimum depth of rear yard).
What is allowed is (15,000 sf / 7,500 sf / 30 ft.) (ft?sgft?stories? %?), and what I
am proposing is ( 5,250 sf / 2,625 sf / 3 ft.)'ft?sgft?stories? %?).
( )A Special Permit under Section of the Zoning Ordinance in order to
( )Appeal of the Decision of the Building Inspector(described below):
O Comprehensive Permit for construction of low or moderate income housing(describe below):
Current Property Use: Vacant Lot Are Lot Dimensions Included?( )lYes ( )No Why?
(Example:Two Famity 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.
MY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
PETITION FORM
The following written statement has been submitted with this application:
0C) 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
0 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.
&eyor�s -�-rveShy�Cn�6Y",OICIfdijjerentjrompetidoner.
Petitioner` y t�G Property Owner: Pamela D. Shute
Address:B01
4-6 Atlantic Ave. , Salem, MA 01970
Address:
Telephone: a Li Telephone:
Email: dot1U r 1(49,1 Email:
Signature: Signature: Seeattachedattached consent letter
G 6/22/20
Attached consent letter is also acceptable)
Date: Date:
If different from petitioner.
Representative: William F. Quinn, Esq.
Tinti, Quinn, Grover & Frey, P.C.
ATRUE Address: 27 Congress St. , Suite 414, Salem, MA
ATTEST Telephone: (978) 745-8065 ext. 110
Signature:_/
Date: 6/22/2015
CITY CLERK DATE DPCD DATE
This original application must be filed with the City Clerk
Pamela D.Shute
4-6 Atlantic Avenue
Salem, MA 01970
June 18,2015
Chair and Members of the City of Salem Zoning Board of Appeals
120 Washington Street-3`d Floor
Salem, MA 01970
RE: Zoning Application for Dimensional Zoning Relief for 2 Atlantic Avenue, Salem, MA
Dear Chair and Members:
This letter is to inform you that as the record owner of the vacant parcel of land at 2 Atlantic
Avenue,Salem, MA, I have authorized Darius Gregory d/b/a Gregory Investment Group LLC of Salem,
MA to file the accompanying application for the necessary zoning relief to construct a two-family
attached dwelling on this parcel(Zoned R-2)as depicted in the application materials, or as you may
determine appropriate for this project.
A copy of my ownership deed is attached,and I appreciate your attention to this matter.
V tr)y yours
ame a D.Shute
- ��.� s✓�� II{I�IV11�111111IIIIIIIII(IIIIIIIII�III(I
MASSACHUSETTS QUITCLAIM DEED 2@69082100305 808877 Pg:382
08/2112009 01:33 DEED Pa III
We, Roy K Lapham and Eleanor T. Lapham of 4-6 Atlantic Avenue, Salem, Massachusetts
01970, for consideration paid, and in full consideration of FIFTY THOUSAND AND 00/100 Dollars
(U.S. $50,000.00) grant to Pamela D. Shute, Individually, of 4-6 Atlantic Avenue, Salem, Massachusetts
01970 with quitclaim covenants the following property in Essex County, Massachusetts.
Parcel 1: the land in Salem, Essex County,Massachusetts, situated on the comer of Lussier and Atlantic
Streets, Being lot numbered one hundred and forty (140) on a Plan of Lots by C.A. Putnam, C.E. dated
December 1894, recorded with Essex South District Registyr of Deeds,Book 1438, Page 600 and bounded
and described as follows:
Southerly:: by Atlantic Street 5oY two and five tenths 52.5)feet
-
Westerly: by Lussier Street,on ehundred(100)feet;
Northerly: by lot numbered one hundred and thirty-nine(139)on said Plan,fifty two and five
Easterly: by land now or formerly of Mathieu,one hundred (100)feet.
Said lot is also shown on plan No.8 recorded with Essex Probate Records at the end of Book 574.
Subject to restrictions of record so far as now in force and applicable.
Being a portion of the same premises conveyed to the herein named grantor(s)by deed recorded with Essex
South District Registry of Deeds in Book 13006,Page 89.
MASSACHUSETTS EXCISE TAX
Southern Essex District ROD
Date: 80/21/2009 01:33 PM
ID: -763602 O=# 20090821003050
Witness my/our hand(s)and seal(s)this 17th day of August, 2009. Fee; $228.08 Cons: $50.000.00
Roy 4/Laph Eleanor T.Lap`m `
COMMONWEALTH OF MASSACUSETTS
Essex, ss. H
On this 17th day of August,2009,before me,the undersigned notary public,personally appeared
Roy K Lapham and Eleanor T. Lapham,proved to me through satisfactory evidence of identification,
which was/were[)(]Mass.driver's license(s)or[ ] .to be the person(s)whose
name(s)istare signed on the preceding or attached document, and acknowledged to me that he/she/they
signed it voluntarily for its sl tgd purpose.
Y al,nnunrpra
rSR T CR 9.
a Q ,r"E7tPf""s
Notary Public: Christopher T.Ca t'
;.,�� ��pM• AFa
My Commission Expires: 7/254 y r4'+ S.ZOr'
D U y�.rTi V i
PROPERTY ADDRESS: 4-6 Atlantic Avenue Salem,Mas§1h '"y}�r��yr�l *
,tS „�..a'p -.
ra -
1 V P� REFERENCES:
I) BH. 30.1 PC. 56
2) PLAN BY BAY STATE SURVEYING ASSOCIATES INC
'PLOT PLAN OF LAND IN SALEM' , 7-27-09
ORNN C. CRANVEY
SP EL,A A. CRAHNE"
I.. 1i .ISSIFR STREET
,f LOT 1 �t
5,250 S.F.
7 LOT 2
5.250 S.F.
U aS�
as W
� U
Q a 2 D -L-__J..., I
Ll/ N i.
DwuuxcZD -
(�
9r1
Lo ,_ l ;
SBRp2'18T
ATLANTIC (PUBLIC) STREET
SITE PLAN
IN
SALEM, MA
2ONING COMPARISON TABLE Y IP 2tl iV
R2 RESIDENTI O FAMILY SCALE:P-20' I, DATE:JUNE I5,2015
REQUIRED PROVIDED
WNIMUMLOT AREA 15.000 S.F. 5.250 S.I'. Lot 1 -ATLANTIC STREET
MINIMUM LOT ARWOWEWNC UNIT 7.500 S.F, 2.G15 S.F.
MINIMUM LOT FRONTAGE IDD IT 100 FI
MINIMUM LOT WIDTH 100 IT 100 FT _
FRONT YARD 15 FT 15 FI p° \A/TT T T A TAC
SIDE YARD 10 FT 10 (Y`TY]lAL}L(�1{,Ll{y/1�T�1`J
REAR YARD 30 Fl 3 .! �eo1 W[y 7♦. S AR NILS
LUf COVERAGE RY BUILDING JSP gICWPR �O A�
MAXIMUM WILLING XUGN1 3r % 30 R RR] AmiLwAUS 8j 189 NORTH MAIN STREET
J5 If 35 fl M1ID0U VUETE101
MIOIXEFON,MA 019P9
P 1R /T PHONE:19181539-9088
MAXIMUM BUILDING HEIGHT (STORIES) 2.5 STORIES l5 SIOHILS ✓\ FAA:R,S)539-9]00
• .. . 619115
+T
A A
110Z
o D �U1
Z 0111
❑❑
❑❑
- o0
Llo❑
a❑
00
❑❑
❑❑
A�
d 2
- H
om
O
Z
o�
D
O
Z
O
LEFT ELEVATION
114"=1'-0"
❑ ❑ ❑ ❑ ❑ ❑ ❑ o
' 'urnttnoou: unum Aooq::'
IF
B
LOWER LEVEL FLOOR PLAN
no
} l *
r
- - - ` - - - O
p O - - - - - -
i? iI
ox ur - ob .
i
1
FIRST FLOOR PLAN
MgSIEP BEBPWN B0]f1 0 0 §J 0 0 B1J1up.STM BEM(M1M
[1-ID.6i 11-m.110
CC
1]14 1415
Ib4tnez tlaLLWaT
ON DN
DEUPODMIro R
ovoou xo eeoPooN rvo R eeoPDDu NO
16R.IIQ I-B[11-3 __ 1.0.11-3 1A3.111
SECOND FLOOR PLAN
Property History and Statement of Hardship for
17 Lussier Street,Salem (a/k/a 2 Atlantic Street)
In 1894, a plan entitled "Plan of Land of James F.Almy in So.Salem" by C.A. Putnam, C.E. was
recorded at Essex County Registry of Deeds Plan Book 1438, Page 600 which subdivided several hundred
parcels in this neighborhood of"Castle Hill" into house lots containing between 4,500-6,000 sf. The
subject parcel is in substance shown as Lot 140 on such Plan. This neighborhood is currently Zoned R-2.
In 1995,the Zoning Board granted the owners at that time, Eleanor and Roy Lapham, a variance
to construct a 2-family dwelling on a parcel of 5,250 SF at the corner of Atlantic Street and Lussier
Streets, which constitutes most of Lot 140 as shown on the 1894 plan. The Decision is on record at said
Registry Book 13036, Page 244, as attached. In October of 1995,the City of Salem Planning Board
approved an ANR plan of the parcel,which is shown as "Lot 1" on that plan, and is recorded at said
Registry Plan Book 303, Plan No. 56. The building was never constructed, and the 1995 ZBA approval
lapsed.
In 2009, Lapham filed another similar application, and the ZBA granted dimensional variances as
to lot area, minimum lot area per dwelling and minimum yard set-backs to allow the construction of a
two-family, 26'x 60' structure on Lot 1, and also allowed on-site parking in four tandem spaces. This
2009 Decision was recorded at said Registry Book 29001, Page 60,which was extended for an additional
6 months by Decision subsequently recorded at Registry Book 29611, Page 162. The project was again
not constructed, and the 2009 Decision lapsed on March 1, 2011.
The current owner of Lot 1 is Pamela D.Shute, who resides at 4 Atlantic Street. Ms. Shute has
entered into a Purchase and Sale Agreement with the petitioner, Gregory Investment Group LLC
("Gregory")of Salem, contingent upon Gregory obtaining ZBA approval of a variance for a proposed 2-
family dwelling of the same size and configuration as the one approved in 2009,except that it will
comply with parking requirements by providing two parking spaces for each unit in garage, and outdoor
decks are proposed in the rear.
The grounds for the variance are that because of the size and shape of the Lot, it is not buildable
for any residential purpose under the applicable dimensional requirements of the Ordinance (where lot
is 50 feet in width, and front and rear set-backs are 15 &30 feet respectively), although such residential
use is otherwise allowed.This constitutes a hardship,financial and otherwise, that is particular to the
parcel, but not generally to other parcels in the neighborhood, many of which were developed before
zoning was ever enacted in Salem or the Commonwealth of Massachusetts.
The history of residential dwellings being constructed on similar 4,500-6,000 SF lots in the
neighborhood,the fact the neighborhood contains a mix or single and two-family dwellings, and the fact
that that prior Zoning Boards have twice previously approved applications for construction of a two-
family structure on this lot, are good grounds to find that the approval of the petition will not detract
from the character of or be detrimental to the neighborhood, and is not inconsistent with public policy
and the zoning ordinance.
BK. 14
PG. E
/per
�j
Vou¢
Plan of Land of James F. Almy in So. Salem.
showing Pacific St. and Vicinity \\ C4ST
Pacific
9y 0,A wmpm, 0.E. 0.un9ar 1994
4 ev rea 240 sq0 a
9anla .f Pyl / ��
i
! O"
BROADWAY. It, '
as +e s po q e �—
S
99 b 0 0 BE 84;Bfi BB � go'92 94 4 l 1 98 1 �_\ � ��••
430°46°0 •p0°0I90g0.SON. ! O\ o
45
45 eo° BI B3 Btl 87 89 91 93 98 19T l Poor Bros. ro\ tu`
IN
p0 g9 A p0� 6SOC 9600 tieeelCOlppJo'p°e°'n°po•eo°° I 'y'\ 3' Q
61 q_ ZA 9 u 41 as ' ao so ao
OPO eb 56 ep9° a? �E0°" " a P Almy ,
0 59 8\ Jqo. ° 60 ��J 4qW Fa 0 106 s ps 198 I aoAClF,C
EEr
eD 52 A p�e v` ° 106 Y08 I YOfi I ,e
O a Sy,J 64• 5 ,ccq .JR4' 1]I "6000 104 . 103: 102• 101 I poop ^I W.n E I '° I a CAN/;L
60 �•J° 9 for 1 '_'� n see wT r Ece
5b b P 50 90°0 \ta IT2 SOOJ Q Op "I �I" 202 4 I r e p0
0 \fig R o 100 115 uj> S4w a vD W E09 9e
a9 �° 66 „UUP, ex° p\` \6 soca I occ °. > W 210 1
bO�'Nit QP \@ n IT3 109 0111 IIT 113 114 n� Q Ie 200 i 189 n I�
�A p5 �° - 62 5 0 ap6 $i " _ Woo $I r.ia9° 4900 1` ¢II i ¢I8
�4eae-P, \b0 e ro eo In eioo 3I 6110 i e0e0�p2+o�ers0' lid--] g 188 197 ¢I3 z
a p .oM 6000 nl I��—,6°0_y.49w I W I
a¢'° o
he 6°°' MAPLE AVENUE u " P 19B 195 I > THIS RAN IS INTENDED To PA...
e ° J " ,e 4900 i 00 n I 214 1 , Q 1, PLAN MR LATINO OUT THE PROPER'
a epv ee eo a0 s° 60 ao n 100 ps "pp as loo �04 I 193 I I BUT 74EOWNER RESERVES THE kit
0 AO 'sS [Be Ifi] 166 !1Z..
158 184 U 124 I 118 1 _ 490.; I 4900 I I 216 I LINEfi 8 UNOAR EBUHANGE Y AND MEA9aH
'$ g 123• 122 : 121 IYO IT' � �,� I OIOATEO,ANO Tp ALTEfl TXE----
e000 e00o 126 1�1 I
F p^9C I 1 ❑9 -,9 49w I E18 I I OUT IN ANY PARTICULAR.
190 lea }_ YI—'—p'----�
`b6 \• P 9n 'B. 120 �' B Ize 1 Q} 4900 ,900 "�
P S. l 132 3. n 1e8 I IST o,1I�
b5 ° •f ° �+ {— SI¢B 129. 130113 Wl
�—ASCO I .9Dc _"'(K Y18 —I Z
152 TET n l� —� 4900
Q,a\ a 10 �D a P� Q R Spw ^ 'pe90 16064 16090: 6000 166 W I a
/� .5a ,p\/� 100 I pC pa 6 O ". IL In i I6B �� UJI
0 .
�AQ' 'ay YeP 161 g �'J"6 , 4900 496 2= 219 i E.a
2GC Cl` 'S s �a '9 ' IcoB :g lea = les I 0
bo po 130
04s9oo ! 41— $00^I I 220
NI '
$ j IBE
le
3 26 2Gp i 141v 139 Ise•19T'13BOI •^^ 4900 14900
2 spw " Iwo,mclua 136 9 w
° P 1B9 l1 22214z n eP 64.43 2144, 14514811470—sCO�8w 9600 epaoW`'o 'a 0o eo Ipmo po l40 I" 8.48 enmplaa. 1
PARK AVENUE 9 "9 n 99 s 691
Solem, Mar.19, 1895. Rec.8 Ent. in Essex
This plan is a copy. See Reg, Deeds So. Dist
original on file.
ATTEST: CHAS. S tlCrnnn
---
(Jitq of �Stliemj fflnuacQ'fi 400-6 : 66
Poarb of �,pptal $K n006 PG $6
1� DECISION ON THE PETITION OF ELEANOR fi BOY LAPNAIS FOR A V�pLAN�4 FON :;,•r
THE PROPERTY LOCATED AT 17 LUSSIEg STREET (8-2) _ -
Ahearing oh.fhis petition vas held March i5, 1995 with the following Board
:members present: Cary M. Barrett, the i rean(acting); Arthur Labreque, Joseph
Twmc,Nine Cohen and Albert Hill. Notice of the hearing vas sent to
abutters and others and notices of the hearing were properly published In
o the Salta Evening News in accordance with Massachusetts General Laws
Chapter 10A.
th----- Petitioner, ownet of theproperty located at 17 luSsier Street requests n
i Variance from lot sire and a Variance from lot width requirements to allow
.construction of a two family dwelling. '
W The relief which has been requested may be granted upon a finding of this
U.=_ Board Shit:
0 1. Special conditions and circumstances exist which especially y y affect the
C) land, build Lbu or structure involved and which are not generally al Ced ing
—� other land, buildings, or structures in the e saame district.
Z. Literal enforcement of the provisions of the- Zoning_.Ordinance would '
.� involve substantial hardship, financial or otherwise, to the petitioner.
3,. Desirable refuel nay be granted without substantial detriment.to the
public good and without nullifying or substantially derogation from the
intent of thedistrict or the purpose of the Ordinance.
The petitioner, through Counsel introduced evidence as to-the. eki'ating
'dimensions of the abutting lots and the district in general and the
financial hardship which the petitioner Would endure if not granted the
requested relief.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, Pikes the following findings or fact:
I. The property in question is vacant land consisting of approximately j
3,250 square feet. I+
2. That the property is a corner lot located at the intersection of
Lussier Street and Atlantic Street and the petitioner intends, per
the plans submitted, to take frontage on Atlantic Street,
j 3, The adjacent lot on Atlantic Street, which is owned by the petitioner,
houses a two family dwelling and is also 5,250 square feet.
s. That a.petition was submitted containing seventeen (17) names of
persons who live in the lsrediate neighborhood of the property, all of
whom vete in favor of the petitioner's request to construct a two
family dwelling on the vacant lot.
5. There was no opposition to the petition.
�6. That because this lot was not build upon previously, as were all of the.
adjacent lots to the property, current zoning density requirements
apply to this property and not the adjacent properties. in this area.
7. That literal enforcement of the 15,000 square foot minimum lot size and
i
i
/�9s
A.
DECISION OF THE PETITION OF ELEANOR 6 ROY LAPHAM FOR A VAR.IARCE FOR
• THE PROPERTY LOCATED AT 17 LDSSIER STREET iR-21 1:3006 PIi ST
f page two
the 100 foot lot width requirement would render this property vfrtuaily
useless Causing substantial economic hardship to the owners
R. That the owners of the property and their families have resided for
several years, and do presently reside, in the neighborhood of the
property. -
9. Thzt the lot size of virtually every property on Atlantic Streetisbetween 4,500 and 5,500 square feet and 50 to 55 feet of frontage.
1D. That there are several multi-family dwellings located in this R-2
district. j
On the basis of the abovefindings 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. The request relief can be granted without substantial detriment to the
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.. J
Therefore, the Zoning BoardofAppeal voted unanimously. 5-0, to grant the
requested relief, subject to the following conditions;
1. 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.
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. Petitioner shall obtain proper street numbering from the City of Salem
i Assessor's office and shall display said number so as to be visible
from the street.
6. A Certificate of Occupancy is Lobe obtained:
Variance Granted
March 15, L995 s>
=� A
. Jdseph L, YwOc
Board Of Appeal, Member >
c_ m
F
.-s
N ap
A
f
I
�'• A.COPY OF THIS DECISIOK HAS SEEK FILED WITH THE'PLARK AM TRE LITY-88
CLERK
j Appeal from this decision, it any, shall be made,pursuant to Section 17 of
the MassachusettsGeneral Laws Chapter 40A, and shall, be filed within 10
days after the date of filing of this decision in the officeofthe City
_ Clerk. Pursuant to Massachusetts General Laws Chapter 60A, Section 11, the
Variance or Special Permit granted herein shall ,not take effect until a
copy of the decisionbearingthe certification of the City Clerk.that 20
days hove 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 undet the name of the owner of record
.or is recorded and noted on the pwner's tertlficete of Title.
cam+
Board of Appeal
r
To Nm
N � Y
I
I
1
i
t �
i
I
I
odu APR 8 81
arN1P`i(Nt� ikya Tiara �itpk�d
'I!dah IIJs"kshumad was raeaFad,
� a1 NO APPEAL has bom Ned In d:s
CIFRK.
_ ,4,m.
2. EDEE'EEr 'JIIFw.1: w1wlFn tD/II�lry1J�9pMyKp� .
D. DfO xi9lAp[E W ITEC. 6N.�ImOa w.'aEa6�rJ4 IeOJ
LOCUS MAP
.wgmll MVER a ousalYIDIRI QQwgat I WT AELUTM
au�c i"•Dao'
SALE `L NN B BOARD
l ma.,ml axcnL AS -.f-Fir
� I
apn-40'./-S.F. x•91'&e
Y s, 1-e.F
i
i
a"�4�x —xco•yz.�_.I-.��.
ANll PueL.q
_ srREEr
FOR peDlarpr mD opLx
PLAN BOGK-303 VUNI PLAN OF LAUD
Nam,v./?75 I SALEM M
ROY K. 6 ELEANOR T. LAPNAM
DDee _p.y p`
Mpg— '�"�.RF
03( '19PYI D 1•. w ~, t jm
���
Ir d`V"".� I p av p h nm S WNE 9mEY W uw
s� mar-eaLLd p�
♦FD,
F'A0 11111"r° CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
a
120 WASHINGTON STREET, 3RD FLOOR
a SALEM, MASSACHUSETTS 01 970
TELEPHONE: 978-745-9595
KrMBEr2LEY
11 DRISC OLL FAX: 978-740.9846 :HN SEP — l P 1: 2q
MAYOR NILE #f
CITY GLE?!S. lSAt.17M. MASS.
September 1,20Q9 III IIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III
2099101900571 BONN Pg:60
Decision 10/19/2009 0Z95 VAR Pg 1/0
City of Salem Zoning Board of Appeal
Petition.of ROY LAPHAM seeking Variances from minimum lot area, minimum lot
area per dwelling unit,and minimum rear and front yard setback requirements to
allow for construction of a two-fan-ffly two-fan-yresidence on tl property located at 2
ATLANTIC STREET (AKA 17 LUSSIER STREET) in the Residential Two-Family
Zoning District
Petitioner seeks Variances pursuant to the Salem Zoning Ordinance, 56-4,Table h
Residential DensityRrgulations.
Statements of fact
1. Paul Ferr =o, the project's architect,presented the petition.
2. In a petition dated July 29,2009,the petitioner requested Variances from minimum
lot area,minimum lot area per dwelling unit,and minimum rear and front yard
setback requirements to allow for construction of a two-family residence.
3. A:public hearing ort the above mentioned Petition was opened on August 19,2009,
pursuant to Mass General Law Ch. 40A, §§ 11. The pubic hearing was closed on
.August 19,2009,with the following Zoning Board of Appeals members present:
Robin Stein (Chair),Beth Debski,Becky Curran,Bonnie Belair(alternate),and
JimmyTsitsinos (alternate).
4. At the hearing, Board members noted that the parking spaces shown on the plan
were smaller than required and that no buffer was shown. They expressed their
preference that the parking area be altered to meet these requirements and noted that
relief from tandem parking would be necessary in order to allow for these changes.
5. No one voiced opposition to or"support of the petition at the meeting,and no letters
regarding the project were received by the Board from residents.
6. At its meeting on August 19, 2009,the Board of Appeals voted five (5) in favor and
none (0) opposed to grant Variances under§6-4, Table I: Residential Density
Regulations.
2
The,Board of Appeal,after careful consideration of the evidence presented at the public
hearing, and after thorough review of the plans and petition submitted, makes the following
findings:
1, Desirable relief may be granted without substantial detriment to the:public good and
withouvriulli£ying or substantially derogating from the intent or purpose of the
zoning ordinance.
2- The applicant may vary the terms of the ResidentialTwo-Family District to
construct the proposed house,which is consistent with the intent and purpose.of the
Cityof Salem Zoning Ordinance.
1 .In permitting such change the Board of Appeals requires certain appropriate.
conditions and safeguards as noted below.
on the basis of the above€indings.of fact and all evidence presented at the public bearing
including, but not limited to,the plans,,Documents and testimony,the Zoning Board of
Appeals concludes:
1. To allow for the construction of the two-family house as proposed, the requested
Variances from dimensional requirements for structures in.the Residential Two-
Familyzoneare granted. Additionally,relief from parking requirements is granted to
allow for four(4) tandem parking spaces.
Inconsideration of the above,the Salem Board of Appeals voted, five (5) in favor{Stein;
Curran,Belair,Debski and Tsitsinos) anti none (0)opposed,to grant petitioner's requests 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. All construction shag be done as per the plans and dimensions subrnitted to and
approved bythe Building Commissioner.
3. All requirements of the 3alein Fire Department relative to smoke and fie safety shall
be strictly adhered to.
4. Petitioner shallobtain a building permit prior to beginning any construction.
5. A Certificate of Occupancy is to be obtained.
6. AGettificate of Inspection is to be obtained-
7. 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.
8.. Petitioner is to obtain approval from anyGty$oard or Commission having
jurisdiction including,but not limited to,the Planning Board.
J
9. Petitioner is to provide a landscape plan with construction drawings prior to
issuance of a building permit.
Robin Stem, atm
Salem Zoning Board of Appeals
A.COPY OFTHIS DECISIONHAS BEEN FILED VATH THE PLANNING BOARD
AND THE QTY CLERK
Appeal from this decision,if any,shall be trade pursuant to Section 17 of the Massachtuetts
General Laws Chapter 40A,and shall be filed aathin 20 days of filing of this decision in the
office of the Gry Clerk Pursuantto 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 Cerk has been filed with the Essex South Registry
of Deeds.
Date OCT 15 Z0f19
i.hereby Certify that 20 days hdVe BXplred
from the date this instrument was received,
and that MO.'..-: EAL.has been filed 1n this.
office. nn
ATrue COPY u
ATTEST:_CITY C EP,K, Salem, Mass.
PLOT PLAN & LAND IN SALEM, MA.,
DATE: 7-27-09
SCALE: 1" _. 30'
OFFSETS SHOWN ARE APPROXIMATE BY TAPE-SURVEY
BAY STATE SURVEYING ASSOCIATES INC.
100 CUMMINGS CENTER,SUITE#316J
BEVERLY,MA., 01915
a(:rny i
t
LN
14 r
lO Jo
S Z. -
' 1 korai ldr z ,tom q
1 G7b) <Az sLSO
0
J wo
8sz.5 0
ATL. AA/T-I (L S Y
PGF+A
CONSULTING
j ARCHRECIS
- RAV_QE9lUhi1sp�9Lfi 1.
I
. i
i
rvX aF---
i
w ,
_ -
- rfawHAu _
11 LU551ER 5TREE3
j -_ Z7, _ _
_. ___ .--.__., ___ _ 54LEY,MA 01910
ApIiETMENT I-LAT5
WGN"I EXTERIGPC j.
ELEVATIal '
j
7 _ _ -
I F'fvl.£C1N2 flJ_L15 1.
`AL'E 90'•I'�O'
i Li.WE Ud76: OIRlYJ3_
FRONT ELffV,ATION
A.3
ILI
LU
El
I j i I � Ili+jl I Ii �j�llll
IHI I! j
I ; it
L2 . 3z
ji,
i
rn
LU
f LLI
ty
LLI
I fm( f i i N 3 I I
! � I
T
'O'Min.Rear Yard Setback
m I ErGYIt Yard SELOLGk
$ I
r I I I ± St.
n hn
I
I
1 1 I j_1
Y
I I:
1 -
i
DIN — -
I
P
I li sg gO Fn
I
! � I rn (� � I •I � 11�� I� �E
Is
N
OM,
71
y !
in I I Z I I
m
e'" S '
i I: I IG I
I ➢�� � IP ! 1= � , I
I
I {
1 m
ATLANTIC STREET
Aa a Dern 70
z S—
t—
m n
N r 5 C
o nT� CITY OF SALEM, MASSACHUSETTS
J
�• � �`et
BOARD OF APPEAL
IZ0'WASHINGTON STREET, 3RD FLOOF IIIIIIIIII IIIIIIIIIIII IIIIIIIIIIIII(IIIIII
SALEM, MASSACHUSETTS 01970 2010011900408 019611 Pg:162
90NPR' TELEPHONE: 978-745-9595 07/19/2010.01:50 VAR P5 1/1
FAX: 978-7409846 -
KIMBERLEY DRISCOLL Zola AIL _g A O 10U
MAYOR C H
Decision to Extend
City of Salem Zoning Board of A eals1 c
Petition of ROY LAPHAM requesting Variances from minimum lot area, minimum lot
area per dwelling unit, and minimum rear and front yard setback requirements to allow
for construction of a two-family residence on the property located at 2 ATLANTIC
STREET (-AKA 17 LUSSIER STREET)in the Residential Tito-Family Zoning District.
July 30,2010
Pam Shute MARGINAL REFERENCE REQUESTED
1 Lussier Street
Salem, MA 01970 $Opp _ jea
Re: 2 Atlantic Avenue(AKA 17 Lussier Street)
Extension of Variance
On Wednesday, August 19, 2009, the Zoning Board of Appeals of the City of Salem voted in favor to
approve the application of Roy L.apham, '2 Atlantic Street (AKA 17 Lussier Street), Salem, 3s2A, for
Variances from minimum lot area, minimum lot area per dwelling unit, and minimum rear and front yard
setback requirements to allow for construction of a two-family residence in the Residential Two-Family
Zoning District. A Decision dated'September 1, 2009 was filed with the City of Salem Clerk's Office on
September 1, 2009.
Since the issuance of the Variances, the property has been deeded from Roy Lapham to Pam Shute.
The Decision invalid for one year from the date of the Decision unless extended by the Board.
On June 16, 2010, the Salem Zoning Board of Appeals voted unanimously to extend the Variances
granted on S'eptettmber 1, 2010 for six (6) months to March 1,2011.
A COPY OF THIS DECISION TO EXTEND HAS BEEN FILED WITH THE PLANNING BOARD
AND THE CITY CLERK.
Robin Stein,Chair
Salem Zoning Board of Appeals
Pursuant to the Massachusetts General Laws :Chapter 40A, Section 11, the Variance or Special Pernvt
granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has
been filed with the Essex South District Registry of Deeds.-i.��t-r.i ; �7"-ta4' ✓-
C
PLAN REFERENCES
1) BK. 303 PG. 56
2) PLAN BY BAY STATE SURVEYING ASSOCIATES INC.
"PLOT PLAN OF LAND IN SALEM" 7-27-09
BRIAN C. CRANNEY
SHELLA A. CRANNEY
13 LUSSIER STREET
52.50' S80-4
LOT 1
1 5,250 S.F. 52.50`
l LOT 2
5,250 S.F.
r \ W ,
- W
O 2s o t
a S.5p o v '
J 4 O 4,
0 o LLJ
Lu
Lu (D o�
co3 ;. EXISTING �o
O L,0 i� U DWELLING 2
v / O � 4-6
4 Q LLJ ROY K LANTIC ST I
o P ELEAN LA
PH
OR LAP
3.00'
10
S80'42 8 E
ATIANT/C
(PUBLIC) STREET
SITE PLAN
IN
SALEM , MA
ZONING COMPARISON TABLE 0' 10' 20' 40'
R2 RESIDENTIAL TWO FAMILY SCALE: 1" = 20' DATE:JUNE 15, 2015
REQUIRED PROVIDED
MINIMUM LOT AREA 15,000 S.F. 5,250 S.F. Lot 1 - ATLANTIC STREET
MINIMUM LOT AREA/DWELLING UNIT 7,500 S.F. 2,675 S.F.
MINIMUM LOT FRONTAGE 100 FT 100 FT
MINIMUM LOT WIDTH 100 FT 100 FT
FRONT YARD 15 FT 15 FT
WILLIAMS
SIDE YARD 10 FT 10 FT_ (MIN) �-' � I&
SPARAGES
REAR YARD 30 FT 3 �. ��P�,tN Or r44SS4C' ENGINEERS I PLANNERS I SURVEYORS
o' RICHARD L. sa
LOT COVERAGE BY BUILDING 35 % 30 % WILLIAMS m 189 NORTH MAIN STREET
MAXIMUM BUILDING HEIGHT 35 FT 35 F' " No 0119 SUITE 101
_ T MIDDLETON, MA 01949
90 9F �sr �``Q
MAXIMUM BUILDING HEIGHT (STORIES) 2.5 STORIES 2.5 STORIES PHONE: (978) 539-8088ss � C FAX: (978) 539-8200