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31 MARLBOROUGH ROAD - ZBA (2) 31 Marlborough Rd. R-1 Robert Bouchard J �— I I APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . t. . f�i#g of "Ment, fflttssadjuse#s ��.. Paurb of Appeal S� �D@1G TO THE BOARD OF APPEALS: The Undersigned rreprq�ent th t oe is are the owners of a certain parcel of land located at NO. . . .�/. . . r���/. . .✓ ?� . . . . �. . . . . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning District.�. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : and said parcel is affected by Section(s). . . . . . . . . . . . . . . . of the Massachusetts State Building Code. Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A. 1 of the Zoning Ordinance. VA ® w'd `r m0 N � M � P� CG v O f1'1 SN - CJ In 1 � In A (n CO The Application for Permit was denied by,the Inspector of Buildings for the following reasons: The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, as the enforcement of said Zoning By-Laws and Building Code 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 and Building Code for the following reasons: Owner.A fl Address�?. .!. .9. .��i . . . !1. . . � Telephone. . . . . . . . . . Petitioner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date. . . . . �o . .� . . l Telephone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . By. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Three copies of the application must be filed with the Secretary of the 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.................................... � r r« PETITION TO BOARD OF APPEALS LOCATION ................................................................ PETITIONER.......................................... ADDRESS............................................... ................................................ CONDITIONS ................................................................. ........................ ....................................... ................................................................ ................................................................. ................................................................. ............................................................... PETITION APPROVED.................... ❑ DENIED......................... 0 .............................................. 19......... 4 a4 a �p J oGJS p�� N O o N o 43 D ii Vim, n� ca (i gD. IV� o V� V j� s E�.eo LOCUS PCAN I 7:5. I t0cud op L,f, v� V4 10. j6L, 36 19 26 a '9 11 NOTE•' s /) LOCUS /5 51-IOWA14 5 LOT 73, o i4S5E55OR M4P#8 Z) ZON/AJG O/57-R/CT(R -/) RE U/REMENTS ROVID512 AR EF/ /S 000 S.F 5,870 S.F M/N, L07- W/OTH /00 ' MAX. LOT COVERAGE 305/0 M/N, C.eONT YARD /S' 6 MIN. 5/DE YARD /0 ' D.N.A. 1-f A.1, REAR YARD O 30' DEED REFERENCE- ceer. Y* SG 7418_ PLAAA PSX -- Lc.P[4,V //60L19 PLOT PLAN SN OF A4.4 OF LAND IN of MICHAEL scN SALEM, MA D 0` A No.34 pp SCALE : .10 =20 ' XUA/E 2 1999 Op s (y O FSS +OQ, /3 s O S /0 16 20 30 40 60' A P170 S IO A LAND EYOFI COASTAL SURVEY VDSWOPTH VILLAGE - DANYERS BUILDING 130 CENTRE ST. DANYERS, MASSACHUSETTS (508) 774-9450 LL N 3 -/20 1 Coity of libittlem, massac4usetts Public Propertg Department iguilbing i9epartment (cane Salem Green 500-745-9595 Fxt. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer July 13, 1993 Julie Tache 221 Derby St. Salem, MA 01970 RE: 31 Marlborough Rd. Map 8 Lot 74 Dear Julie: This is to verify our telephone conversation of July 8, 1993 regarding the above referenced property. Said property is a grandfathered lot and may be considered buildable, however, any structure placed on this lot must conform to all setback requirements as per the City of Salem Zoning Ordinance. If I can be of any further assistance, do not hesitate to call. Sincerely, Leo E. Tremblay Zoning Enforcement Officer LET:bs cc: Councillor O'Leary, Ward 4 \31Mrlbrh\ l / 0 957 11p99 So, SM`5510N '_ tA e0 5p00 s 1 00 6'p O nNC 150000 OkS 69 _ 13,366 eo. 51 PO = _'`LL►(�+` ',�. �o � 1 329 .. g4 6535 SEMENS 8038 g6 EP 2 N 4955 00 5 95 " � lip 00 \00-S M p661 E 935 O oo,s SS FE o 6` 9 3y5 o-g �T-- n6_ O 75 s \4 ao (Gitg of Salem, Anssarflusetts 3 �13uura of �peal AUGUST 4, 1994 YOU ARE HEREBY NOTIFIED THAT AS OF AUGUST 2, 1994 THE DECISION OF THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE CITY CLERK TO DENY THE PETITION OF ROBERT BOUCHARD FOR A VARIANCE TO ALLOW A SINGLE FAMILY DWELLING TO BE CONSTRUCTED AT 31 MARLBOROUGH ROAD. BOARD OF APPEAL BRENDA M. SUMRALL CLERK OF THE BOARD 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 MGL Chapter 4OA, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to MGL Chapter 40A. , Section 11, the Variance/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 CITY OF SALEM BOARD OF APPEAL 745-9595 Ext. 381 , Will hold a public hearing for all persons inter- ested in the petition submitted by ROBERT BOUCHARD for Variances front yard setback to allow construction of a single family dwelling at ! 31 MARLBOROUGH RD. (R-1). Said hearing to be held WEDNESDAY, JULY 20, 1994 AT 6:00 P.M., ONE SALEM GREEN, second floor. STEPHEN TOUCHETTE, Chairman July 6, 13, 1994 SN16813 CITY OF SALEM BOARD OF APPEAL 745-9595 Ext. 381 Will hold a public hearing for all persons inter- ested in the petition submitted by ROBERT BOUCHARD for Variances front yard setback to allow construction of a single family dwelling at 31 MARLBOROUGH RD. (R-1). Said hearing to be held WEDNESDAY, JULY 20, 1994 AT 6:00 P.M., ONE SALEM GREEN, second floor. STEPHEN TOUCHETTE, Chairman July 6, 13, 1994 SN16813 CITY OF SALEM BOARD OF APPEAL • 745-9595 Ext. 381 Will hold a public hearing for alLpersons inter- ested in the petition submitted by ROBERT LBOUCHARD for Variances front yard setback to onstruction of a single family dwelling at RLBOROUGH RD. (R-1). Said hearing to d WEDNESDAY, JULY 20, 1994 AT 6:00 ONE SALEM GREEN, second Boor. STEPHEN TOUCHETTE, Chairman 13, 1994 SN16813 CITY OF SALEM BOARD OF APPEAL 745-9595 Ext. 381 Will hold a public hearing for all persons inter- ested in the petition submitted by ROBERT BOUCHARD for Variances front yard setback to allow construction of a single family dwelling at 31 MARLBOROUGH RD. (R-1). Said hearing to be held WEDNESDAY, JULY 20, 1994 AT 6:00 P.M., ONE SALEM GREEN, second floor. STEPHEN TOUCHETTE, Chairman July 6, 13, 1994 _ SN16813 CITY OF SALEM BOARD OF APPEAL 745-9595 Ext. 381 Will hold a public hearing for all persons inter- ested in the petition submitted by ROBERT BOUCHARD for Variances front yard setback to allow construction of a single family dwelling at 31 MARLBOROUGH RD. (R-1). Said hearing to be held WEDNESDAY, JULY 20, 1994 AT 6:00 P.M., ONE SALEM GREEN, second floor. STEPHEN TOUCHETTE, Chairman July 6, 13, 1994 SN16813 CITY OF SALEM BOARD OF APPEAL 745-9595 Ext. 381 Will hold a public hearing for all persons inter- ested in the petition submitted by ROBERT BOUCHARD for Variances front yard setback to allow construction of a single family dwelling at 31 MARLBOROUGH RD. (R-1). Said hearing to be held WEDNESDAY, JULY 20, 1994 AT 6:00 P.M., ONE SALEM GREEN, second floor. STEPHEN TOUCHETTE, Chairman July 6, 13, 1994 SN16813 CITY OF SALEM BO11RD OF APPEAL 745-9595 Ext. 381 Will hold a public hearing for all persons inter- ested in the petition submitted by ROBERT BOUCHARD for Variances front yard setback to allow construction of a single family dwelling at 31 MARLBOROUGH RD. (R-1). Said hearing to be held WEDNESDAY, JULY 20, 1994 AT 6:00 P.M., ONE SALEM GREEN, second floor. July 6, 13, STEPHEN TOUCHETTE, Chairman SN16813 APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . . Ctg of tt1Em, f assariplsEtts s� TO THE BOARD OF APPEALS: The Undersigned represent that he is are the owners of a certain parcel of land located at NO. .�/. . . .�9.C1�( . .-6 . . . . .94 . Street; Zoning District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I ; and said parcel is affected by Section(s) . . . . . . . . . . . . . . . . of the Massachusetts State Building Code. Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A. 1 of the Zoning Ordinance. M N - u^,> co N WCC � C f*1 W LU n LO Cn LA The Applicz on`"fdr Permit was denied by the Inspector of Buildings for the following reasons: E— r The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, as the enforcement of said Zoning By-Laws and Building Code 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 and Building Code for the following reasons: Owner. . . . .�� Address.W.�./ . QI .. ./.{�. tel . . . . . . . Telephone/. . .- . /. ...�. . . . . . . . . . . . . . Petitioner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I Address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I Date. . 49 Telephone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . By. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Three copies of the application must be filed with the Secretary of the 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 TO BOARD OF APPEALS LOCATION ............................................................. PETITIONER.......................................... ADDRESS............................................... ................................................ CONDITIONS ................................................................. ........................ ....................................... ................................................................ ................................................................. ................................................................. ............................ ,PETITION APPROVED.................... ❑ DENIED......................... .............................................1 19......... Cita of ttlem, r'Httssuchusetts 3 `aQ attra of AV peal IUG 57 PN '9�! C/Ty o, DECISION ON THE PETITION OF ROBERT BOUCHARD FOR A VARIANCE(R-1) CtF "Q`EM NA$ AT 31 MARLBOROUGH ROAD G' 6CF $ A hearing on this petition was held April 27, 1994 with the following Board Members present: Stephen Touchette, Chairman; Gary Barrett, Nina Cohen and Associate Member Arthur Labrecque. 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, owner of the property, is requesting Variance from front yard setback to allow construction of a single family dwelling in this single family district. The Variances which have been requested may be granted upon a finding of the Board that: a. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or structures in the same district. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 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. 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. The petitioner and counsel were advised that there were only four (4) Board members present and it would take a unanimous voted to grant their request. They were given an opportunity to continue this petition until the following week or to withdraw without - prejudice and return at a later date. 2. Councillor O'Leary, Ward 4, spoke in favor of the petition. 3. The immediate abutter, Cheri Anderson, 35 Marlborough Road, spoke in opposition. She represented to the Board that she had purchased the property from the petitioners and that they were told the property had been denied a variance. Also expressed her concern regarding the closeness of the proposed dwelling to her home. Ir DECISION ON THE PETITION OF ROBERT BOUCHARD FOR VARIANCE AT 31 MARLBOROUGH ROAD, SALEM page two 4. There is no record on file indicating there has ever been any Board of Appeal action on this property. 5. A letter from the Zoning Enforcement Officer, Leo E. Tremblay, grandfathering this property was read into the record. 6. The parcel in question is a corner lot thus having two front yard setbacks to meet. 7. The 261x 36' single family dwelling proposed by the petitioner will encroach to within six (6) feet of both Marlborough Road and Michael Road. 8. The petitioner to failed demonstrate or to meet the burden of proof relative to legal hardship. 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 do not exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would not involve substantial hardship to the petitioner. 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted three (3) in favor one (1), Ms. Cohen, in opposition to the motion to grant, having failed to garner the required four affirmative votes to pass, the motion is defeated and the petition is denied. VARIANCE DENIED July 20, 1994 Gary Barrett, Vice Chairman.. Board of Appeal — < v: r O^ _ ma ;n CO �' t r - DECISION ON THE PETITION OF ROBERT BOUCHARD FOR VARIANCE AT 31 MARLBOROUGH ROAD, SALEM page 3 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 MGL 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 MGL 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 PASSED 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 n c T:Cn 1A11 T� V DATE OF HEARING PETITIONER LOCATION MOTION: TO GRANT SECOND L AMENDMENT SECOND TO DENY SECOND TO RE-HEAR SECOND WITHDRAW SECOND CONTINUE SECOND ROLL CALL PRE, NT GRANT DENY AMEND WITHDRAW RE-HEAR CONTINUE GARY M. BARRETT AiBERT C,—HILL S`PE Pt�Eid-8`6R14A'Y� STEPHEN TOUCHETTE s� FRENA V. COHEN ASSOCIATE MEMBERS ARTHUR LEBRECQUE CONDITIONS: ry `•,zbaform\ 04�0 (ditty Lif 15ttlem. .4Ea95z1rJ1u-9eJt9 pe of � peal CI PY DECISION ON THE PETITION OF ROBERT BOUCHARD FOR A VARIANCE N MA ., G"-J:J FSS AT 31 MARLBOROUGH ROAD (R-1) A hearing on this petition was held April 27, 1994 with the following Board Members present: Stephen Touchette, Chairman; Gary Barrett, Nina Cohen and Associate Member Arthur Labrecque. 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, owner of the property, is requesting Variance from front yard setback to allow construction of a single family dwelling in this single family district. The Variances which have been requested may be granted upon a finding of the Board that: a. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or structures in the same district. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 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. 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: I. The petitioner and counsel were advised that there were only four (4) Board members present and it would take a unanimous voted to grant their request. They were given an opportunity to continue this petition until the following week or to withdraw without —- prejudice and return at a later date. 2. Councillor O'Leary, Ward 4, spoke in favor of the petition. 3. The immediate abutter, Cheri Anderson, 35 Marlborough Road, spoke in opposition. She represented to the Board that she had purchased the property from the petitioners and that they were told the property had been denied a variance. Also expressed her concern regarding the closeness of the proposed dwelling to her home. / DECISION ON THE PETITION OF ROBERT BOUCHARD FOR VARIANCE AT 31 MARLBOROUGH ROAD, SALEM page two 4. There is no record on file indicating there has ever been any Board of Appeal action on this property. 5. A letter from the Zoning Enforcement Officer, Leo E. Tremblay, grandfathering this property was read into the record. 6. The parcel in question is a corner lot thus having two front yard setbacks to meet. 7. The 26'x 36' single family dwelling proposed by the petitioner will encroach to within six (6) feet of both Marlborough Road and Michael Road. 8. The petitioner to failed demonstrate or to meet the burden of proof relative to legal hardship. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: I. Special conditions do not exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would not involve substantial hardship to the petitioner. 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted three (3) in favor one (1), Ms. Cohen, in opposition to the motion to grant, having failed to garner the required four affirmative votes to pass, the motion is defeated and the petition is denied. VARIANCE DENIED July 20, 1994 Gary M. Barrett, Vice Chairman 2 Board of Appeal nn AV r �n-I 107 Y is nl y S i :n to y L DECISION ON THE PETITION OF ROBERT BOUCHARD FOR VARIANCE AT 31 MARLBOROUGH ROAD, SALEM page 3 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 MGL 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 MGL 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 PASSED 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 c Jr n..c >:cn IPU m� r (Fitt_ Lif ttlem, lagsar1jugrits i ® 3 CITY V C DECISION ON THE PETITION OF ROBERT BOUCHARD FOR A VARIANCE C("`h;ti t`t'1,6 M4SS (R-1) AT 31 MARLBOROUGH ROAD o Gri, CF A hearing on this petition was held April 27, 1994 with the following Board Members present: Stephen Touchette, Chairman; Gary Barrett, , Nina Cohen and Associate Member Arthur 'Labrecque. 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, owner of the property, is requesting Variance from front yard setback to allow construction of a single family dwelling in this single family district. The Variances which have been requested may be granted upon a finding of the Board that: a. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or structures in the same district. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 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. 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. The petitioner and counsel were advised that there were only four (4) Board members present and it would take a unanimous voted to grant their request. They were given an opportunity to continue this petition until the following week or to withdraw without -- prejudice and return at a later date. 2. Councillor O'Leary, Ward 4, spoke in favor of the petition. 3. The immediate abutter, Cheri Anderson, 35 Marlborough Road, spoke in opposition. She represented to the Board that she had purchased the property from the petitioners and that they were told the property had been denied a variance. Also expressed her concern regarding the closeness of the proposed dwelling to her home. DECISION ON THE PETITION OF ROBERT BOUCHARD FOR VARIANCE AT 31 MARLBOROUGH ROAD, SALEM page two 4. There is no record on file indicating there has ever been any Board of Appeal action on this property. 5. A letter from the Zoning Enforcement Officer, Leo E. Tremblay, grandfathering this property was read into the record. 6. The parcel in question is a corner lot thus having two front yard setbacks to meet. 7. The 26'x 36' single family dwelling proposed by the petitioner will encroach to within six (6) feet of both Marlborough Road and Michael Road. 8. The petitioner to failed demonstrate or to meet the burden of proof relative to legal hardship. 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 do not exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would not involve substantial hardship to the petitioner. 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted three (3) in favor one (1), Ms. Cohen, in opposition to the motion to grant, having failed to garner the required four affirmative votes to pass, the motion is defeated and the petition is denied. VARIANCE DENIED July 20, 1994 Gary M. Barrett, Vice Chairman `' c Board of Appeal nc L ;nL pV r O� N mn N L i DECISION ON THE PETITION OF ROBERT BOUCHARD FOR VARIANCE AT 31 MARLBOROUGH ROAD, SALEM page 3 A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK APPEAL FROM THIS DECISION, IF ANY, SHALT. BE MADE PURSUANT TO SECTION 17 OF THE MGL 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 MGL 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 PASSED 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 n c dim m CJ "r r-�m � 0966-6LL 0061 S113S17H9dSSKY Sd3r1N6'O '1S 3b'1N3O 067 ONI07II79 SYSMO 39d77IA H1dONSO6'N ,4311b/7s 7dlsd03 OF b'0.{ 1f ONd7 6S'UOI Odd d ,09 Oti OZ / O/ S O my L7' 97' d s 6661 2 a/Y/71 , OZ= , c 37d0S «' eoeve S ` FF,,rr��/ G/ /,r�+ r OIA09 W Y-77YJ 13VHOIW i NI ON67 -40 N 00141' NV 7d 107d •3ON3d333d N6'7d 6 L %S tr 1 397 :3ON3H3d3d 0330 ,os ,OF :07 M�N /w y/y'p O/ /N 9 ,S/ Wao 00/ /N-V'S OzRr9 �S 000S/ b' ,gyp//1 � S1N3W32///7 icy 9/'Y/1407 (Z �j BsxdCW cyOSS3SSb' [� s 'SL 107 96' /v/N.Of/S S/ S/7J07 (� .'.F1 ON �O 0 tk9 cy� e2 ' 9� '2 d V d�ya d)E M J � o a Q, �y p o, S1 iv Najd SnO07 19 Q Ok 00 � 00 a'� @9 � ao 0° h mp p�JS pkv N 0 0 rl N cd .'yIG a v� �`/a V DIJ �o� Sao �� VS I` LOCUS PGA// N 7'S. 10 tv 9/ O • 70 3� 05 y� OP L'E PR 11 G IVB 0 B p� �I�� o� 36 � � 26 NOTE•' s o /) LOC415 /5 5A10W&4S L07- 73, o AS5E55oR MAP�B �% Z) ZON/A/G 0/577P/CT(R- /) RE U/REMENTSPRO V/DE A deEA / , 000 S.F 5,870 5.F O M/h/, LOT W/DTH /00 , /OO' v, 9 MAX. LOT COVERAGE' 30°/p /6 '% Q �� M//J. FRONT YARD /'T 6 M//J. 5/DE YARD /O ' D.N.A. 1 /f Al, REAR Y4R0 O' 30' DEED REFERENCE.' ceer. 51- 74( PLA R F RENC Lc,P[4N //6028 PLOT PLAN � P,tHpFa,y92 OF LAND IN MICHAEL °a SALEM, MA D. g SCALE ., 1 ° =20 ' TUNE' 2 , 1994 VIO No.o.34834609„ 9OPE NP / 3 g . O S /O 20 30 4.0 60' A PRO E IO A LA ND RYEYOR COASTAL SURVEY WADSNORTY VILLAGE — DANYERS BUILDING 130 CENTRE ST. DANYERS, MASSACHUSETTS (509) 774-9450 TN. S-/70 • BOARD OF ASSESSORS Cl.*FY HALL. PA 77 7 7 2 e................ ...... .... RS L', 3 T1 E CER F-1 Cf�%Ag TTE ......... 4 2 c rZ • 3 4 5 SUBJECT PROPERTY; MAP 4 08 LOT,-. 0074 SOFF., PROPERTY ADDRESSg 0031 1,1ARLBOROUCiI-I ROAD 7 7 8 Z.7, ....... 10 ............. .... .. 12 to. ..... F OT A Q Qt lit�a . ..... 13 O„ 08 (3 0—f 4 00j.1 MARL.BOROUGH ROAD MARLBOROUGH STREE r REAL. TY 'TROST 35 NARL-BOROUGH RD ,6 1 2 P.Q1 H- - , P P,F R T M 7 R SAI F)"I 116 01971-1 ........... ..... 17 —':,�,:'PIFTROGALL -A A- R A' '�OUGH] ROAD 3 "ow, 8,81 W16B E RT t;i� flARI R I,S 4 ............ ....... .......... .......... .... ... RI Et4 ........... ........ 0 "I AQ ............ La4t m zo 21 A TT PROPERTY TAX DEPT WESTBOROUGH MA 0-15 S-1 220 08 00 IL 69 0003 I'll CHAEL ROAD N EW ENGL.AND POWER CO 25 RESEARCH AVE 23 :a J'IF-PT MA Q-VnAl 24 ROI -N,'�R 5 0&;007 T,1l,3 AEL: 19 26 •2° '". ........ ....... .�I 1 1,..:,I I le" sa"Emi, IA1�1% . 27 ...... MASVILt.A JEAN 1.- 't r ....... .......211 ........... 21 ... .......... 4ARi,,%,I- wl IGHL 79 22 C/O BOUCHARD ROBERT SALEM NA 0,1 704 'A 23 08 300 0075 0037 IIARL.BOROUGH ROAD NASEL.L.A DONALD 37 MARL.BOROI-1(."d-I ROAD Cj 3 I"IAELLA JFAAN L 3j 24 S ............... ............... ......................... 26 ................. 33 34 25 b& 4 id, IIARL.B.OROUC . ROAD M .......... 27 N, GEfVIA' J AME S ...... .. ..... SAL Eh1 PIA 014" 35 • 3 0,', CIL 28 FOGARTY ELIZABETH ODONNEL.L. SALEM MA 01970 3 •29 0 05 0088 0028 i1ARL.BOROUCiI-I ROAD MAINIIIEL. DAVID A 28 MARL.BOROUGH ROAD 3 3040 M 111A 0-1970 2". ............. 31 ................. ............ ........ ........ ....... ..... ............. 42 :%........... 4 • 3� ...... ................ 33 ......... 441 34 45 •35 46 0 47 36 48 37 ....... ........ ........ ........ .. ......... 49 ........... ............... ........... . 50 ................. 51 38 ....... .... ................... 39 ........ ............. 52 Z ........... 40 53 41 :4 • 5 42 56 2 43 • 57 .... ............. • 44 '....... 58 1 1 .............. ............ ...... ........ 59 • 45 60 46 67 047 62 63 0 48 64 49 ...... 0 50 .. ....... 17 • 52 69 •53 70 • 71 54 pa, 72 7— 777777= 55 77 -rL k m. RON 73 74 75 0 ro 1.0 j 6 ee / M V'•NEP 0 / SE i� ��° '`SPG 11099 r i 500 50 5000 5000 s o 2 O yD r 19 v m 50 e � g 96 63 � � P 9 C po pn /'e' O 5Q r g \` �����. �� 6A33 000 10 66 RO4�\\� 0 / — 6°° 0 9 6° e p 49 PNN EENT n� IlrSt G� Ile O �. , 13'366 easE329 �y N 94 roo 'g ' a R 35 6555 64 9 ILULA �' � 9038 08 5 Nt a •.�\li.. ��SEME FJ 'P a 195 12'5 9()% 0 p 600 Lik 9,315 T Al I6"9 N 3 ,'"lIt'` 8053 Og ��°o y i6 v 12313 �36 90 a 'e O X5036 O 8 0129 rob 566 1 0 g6 15° 65 59 0 16396 20 eNr 57 59 e06o6a 12024 6Q / 161 16 t9 19 0-9 Nuc. 8067 6o19 6 A ^J4 ^ y N