20 MAPLE AVENUE - ZBA a� a-,A_
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ONOITg9 CITY OF SALEM9 MASSACHUSETTS
BOARD OF APPEAL
c' A' 120 WASHINGTON STREET, 3RD FLOOR
aSALEM, MASSACHUSETTS 01 970
TELEPHONE: 978-745-9595
W� FAX 978-740-9846
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KIMBERLEY DRISCOLL '_� o
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MAYOR y
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April28, 2010 _f:' O
Decision NO
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City of Salem Zoning Board of Appeals o
Petition of CHRISTOS AND ELENI LIRANTONAKIS requesting Variances from
lot size and lot width/frontage in order to subdivide the existing property located at
20 MAPLE AVENUE into two lots (Residential One-Family Zone).
A public hearing on the above Petition was opened on April 14, 2010 pursuant to Mass
General Law Ch. 40A, § 11. The hearing was closed on April 14, 2010 with the
following Zoning Board of Appeals members present: Robin Stein, Richard Dionne,
Rebecca Curran, Beth Debski, Bonnie Belair (alternate), and Jimmy Tsitsinos (alternate).
Petitioner seeks Variances pursuant to Section 4.0 of the City of Salem Zoning
Ordinances.
Statements of fact:
l. Attorney Scott Grover represented the petitioners at the hearing.
2. In a petition dated March 25, 2010, petitioner requested dimensional Variances in
order to subdivide the property at 20 Maple Avenue into two (2) lots.
3. Current use of the property is a single-family home. Petitioners propose to
construct a new single-family home on the newly created lot. A shed is also
present on the property, which petitioners propose to remove.
4. At the hearing, Attorney Grover presented a locus map of the neighborhood and
showed that the majority of properties in the vicinity were of the same size or
smaller in area than petitioners propose the two newly created lots to be after
subdividing them.
5. At the hearing, Attorney Grover explained that due to the large size and
configuration of the buildings on the property, enforcement of the Zoning
Ordinance would create a hardship for the petitioners, since most of the land is
unusable.
6. At the hearing, Councillor-at-Large Arthur Sargent I11, 8 Maple Street, spoke as
an abutter and on behalf of the neighborhood, expressing support for the petition.
1)
He stated that the size of the lots to be created were in keeping with the
neighborhood.
'7. At the hearing, Attorney Grover presented a petition signed by five neighbors in
support of the proposal.
8. At the hearing, Board members agreed that the proposed lot areas were consistent
with the neighborhood. Board members also noted that the size of the house
proposed was of an appropriate scale for the street, and that setback relief would
not be required because the house would not be overly large.
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 without nullifying or substantially derogating from the intent or
purpose of the zoning ordinance, since the lots being created would be of a
size similar to or larger than most in the neighborhood, and the house
proposed is of an appropriate scale compared to surrounding homes.
2. The applicant may vary the terms of the Residential One-Family Zoning
District to subdivide the property into two lots and construct a new single-
family house, as shown in the plans submitted, which is consistent with
the intent and purpose of the City of Salem Zoning Ordinance.
3. In permitting such change, the Board of Appeals requires certain
appropriate conditions and safeguards as noted below.
On the basis of the above findings of fact and all evidence presented at the public hearing
including, but not limited to, the Plans, Documents and testimony, the Zoning Board of
Appeals concludes:
1. Variances are granted to subdivide the property into two lots and construct
a new single-family house, as shown in the plans submitted.
In consideration of the above, the Salem Board of Appeals voted, five (5) in favor (Stein,
Curran, Debski, Dionne and Belair) and none (0) opposed, to grant petitioner's requests
for a 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 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.
3
4. Petitioner shall obtain a building permit prior to beginning any
construction.
5. A Certificate of Occupancy is to be obtained.
6. 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.
7. Petitioner is to obtain approval from any City Board or Commission
having jurisdiction including, but not limited, to the Planning Board.
Robin Stein, Chair
Salem Board of Appeals
A COPY OP THIS DECISION HAS BEEN EI LED WITH THE PLANNING BOARD AND THE CI]Y 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 has
been filed with the Essex South Registry of Deeds.
ZONING DISTRICT - R1 : RESIDENTIAL LOT COVERAGE 1A
MINIMUM LOT AREA - 15,000 S.F. LOT A LOT B
MINIMUM FRONTAGE — 100.00'
MINIMUM LOT WIDTH — 100.00' EXISTING — 12.3% EXISTING — 0%
MAXIMUM LOT COVERAGE — 30% PROPOSED — 16.0% PROPOSED — 20.1 %
MINIMUM FRONT YARD — 15.0'
MINIMUM SIDE YARD — 10.0' 00
MINIMUM REAR YARD — 30.0' 1
MAXIMUM BUILDING HEIGHT — 35.0
LOCUS
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N/F
PMN NOMINEE TRUST N/F I CERTIFY THAT THIS PLAN WAS
PARCEL ID: 20_0006 AMY M. NEWTON LOCUS MAP PREPARED IN COMPLIANCE WITH THE
PARCEL ID: 210229 (not to scale) RULES AND REGULATIONS OF THE
REGISTERS OF DEEDS. ul �
EXISTING COTTAGE
TO BE REMOVED
N32'24'50"W '
70.96' 71.54' j 331.5't
ORIGINAL
LOT LINE
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LOT B
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TEDESCO POND CONDOMINIUM w 2 STORY Z I I z 10 MAPLE AVENUE SALEM
0 o WOOD 1 I PROPOSED I � I REALTY TRUST
PARCEL ID: 30_0003 II ' 0 #20 J IIni o I FOUNDATION ( o ni
V- 0o Iv; o f s.s';1 I o PARCEL ID: 21 _0221
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!- 71.54' 1 71.54' r No. 29422
70.54 N32'24'50 W
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MAPLE AVENUE GRAPHIC SCALE
L0 20 0 10 20 40 80
( IN FEET )
t tnch 2n rt
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` .� REVISED: 3/23/10 FOUNDATION SIZE
SALEM , MASSACHUSETTS
PROPOSED SUBDIVISION PREPARED FOR :
CHRISTOS AND ELENI LARANTONAKIS
20 MAPLE AVENUE
PARCEL ID 210220
N LCC 22633A
REID LAND SURVEYORS
365 CHATHAM STREET L
'- 94.72' -, LYNN , MASSACHUSETTS
DEED REFERENCE: N 32'24'50" w R10-012
BOOK: 8314 PAGE: 234 RWR/BLB
ELM AVENUE DATE: FEBRUARY 16, 2010 I SCALE: 1 " = 20'