88 MARLBOROUGH ROAD - ZBA 88 MARLBOROUGH ROAD
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Legal Notice
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CRY OF SALEM
BOARD OF APPEAL tl
745-9595 Ext 381 b
I will hold a public hearing for all a
persons interested in the petition sub- a
mitted by RICHARD& KATHLEEN 9
THERIAULT requesting Variances E
from lot size,lot width,front,side and
rear setbacks to subdivide property to If
create a separate lot for the property th
located at 88 MARLBOROUGH ROAD .g-
R-C.Said hearing to be held W EDNES- ru
r DAY,JUNE 16, 2004 AT 6:30 P.M.,
120 WASHINGTON STREET, 3RD P1
FLOOR- th
Nina Cohen It
Chairman C
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(6/.2,9) 7,
CITY OF SALEM, MASSACHUSETTS CITY OF JAL H. dMA
BOARD OF APPEAL CLERKS 9FICE `,
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA O 1970
TEL. (978) 745-9595
FAX (978) 740-9846 ,1004 JUN 2.2 A ID 0.2
STANLEY J. USOVICZ, JR.
MAYOR
DECISION ON THE PETITION OF RICHARD & KATHLEEN THERIAULT
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 88
MARLBOROUGH ROAD R-C
A hearing on this petition was held on June 16, 2004 with the following Board Members
present;Nina Cohen Chairman, Bonnie Belair,Nicholas Helides, Stephen Hams and
Richard Dionne. 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.
The petitioner is requesting a Variance from lot size, lot width, front, side and rear
setbacks to subdivide property to create a separate lot for the property located at 88
Marlborough Road located in an R-C Zone.
The Variances,which have been requested,may be granted upon a finding by this 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 and structures involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise,to the petitioners.
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 of
the purpose of the Ordinance.
The Board of Appeal,after careful consideration of the evidence presented at the hearing,
and after viewing the plane,makes the following findings of fact:
1. The Petitioner's were represented at the hearing by Attorney Scott Grover.
2. The petitioners would like to subdivide the lot to create a separate lot which
requires the Variances for lot size, lot width, front, side and rear setback.
3. A letter was submitted in support from Councillor Leonard O'Leary and a petition
with neighborhood support.
4. There was no opposition to the proposed petition.
}
DECISION ON THE PETITION OF RICHARD & KATHLEEN THERIAULT
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 88
MARLBOROUGH ROAD R-C
page two
On the basis of the above findings of fact,and on, the evidence presented at the hearing,
the Zoning Board of Appeal concludes as follows:
1. Special conditions exist when especially affect the subject property but not he
District.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
3. Desirable relief can 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.
Therefore,the Zoning Board of Appeal voted 5 in favor and 0 in opposition to grant the
Variances requested, subject to the following conditions:
1. Petitioner shall comply with all city and state stature, ordinance, codes and
regulations.
2. All construction shall be done as per the plans and dimensions submitted 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.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. A Certificate of Occupancy shall be obtained.
6. Petitioner shall obtain proper street numbering from the City of Salem Assessors
Office and shall display said number so as to be visible from the street.
7. Petitioner shall obtain approval from any City Board or Commission having
jurisdiction including but not limited,to the Planning Board.
8. Petitioner shall obtain pre-blast survey.
Variance Granted
June 16, 2004
Bonnie Belair
fApp
Board of Appeal (,/ 'y
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 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 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 is
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
The undersigned neighbors of Richard and Kathleen Theriault, the owners of property at
88 Marlborough Road, Salem, Massachusetts, are in favor of the Petition to allow the
subdivision of 88 Marlborough Road into two lots.
Name: Address
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The undersigned neighbors of Richard and Kathleen Theriault, the owners of property at
88 Marlborough Road, Salem, Massachusetts, are in favor of the Petition to allow the
subdivision of 88 Marlborough Road into two lots.
Name: Address
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27 (),IL66k 41, M
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June 14, 2004
City of Salem
Board of Appeals
93 Washington Street
Salem, MA 01970
To Whom It May Concern:
I am writing in support of the planned subdivision of 88 Marlborough Road. My husband and I
live at 6 Vista Avenue that abuts the property owned by Richard and Kathleen Theriault. We
have owned our property since December 1995 and have lived at 6 Vista Avenue for the past two
years.
Mr. and Mrs. Theriault are good neighbors and we fully support their endeavor. Unfortunately
we are unable to be present at the June 16 meeting but are happy to advocate on their behalf.
ncerely,
Michelle A. Kolodziej (TreAlay)
June 15, 2004
To Whom It May Concern,
My name is Debbi Alexander, and I live at 79 Marlborough Rd. in Salem,
MA. I have resided there for 20 years and have been neighbors with the
Theriaults since they built their home. I am supporting their proposal to
subdivide their property. They have always been active community
members, and great neighbors. Marlborough Rd. has changed over the
past few years and development is continuing. I am sure that whatever the
Thenault's decide to do with their subdivision will only improve the
neighborhood.
Thank you,
444 -
Debbi Alexander
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Citp of 6alem, Alaoaouatt'5Office of the UP Council
(Citp fall
COUNCILLORS-AT-LARGE LEONARD F. O'LEARY WARD COUNCILLORS
2004 PRESIDENT
2004
THOMAS H. FUREY DEBORAH E. BURKINSHAW LUCY CORCHADO
KEVIN R. HARVEY MICHAEL SOSNOWSKI
JOAN S. LOVELY CITY CLERK
JEAN M. PELLETIER
ARTHUR C. SARGENT, III LEONARD F. O'LEARY
MATTHEW A. VENO
MICHAEL BENCAL
JOSEPH A. O'KEEFE, SR.
June 16, 2004
Chairperson Nina Cohen&
Members of the Board of Appeal
City of Salem
Salem, MA 01970
Dear Chairperson Cohen& Members of the Board:
I am writing this letter to show my support for the petition of Richard & Kathleen
Theriault, for a variance located on 88 Marlborough Road, as I can not attend this
meeting due to a previous commitment. I believe that the neighborhood is in support of
this variance and would ask the Board to approve.
Sine r�
LEONARD F. OTEARY
COUNCIL PRESIDENT &
COUNCILLOR WARD 4
SALEM CITY HALL • 93 WASHINGTON STREET • SALEM, MA 01970-3592 9 WWW.SALEMCOUNCIL.COM
ZONING DISTRICT
RESIDENCE RC
ITEM REQUIRED LOT 1 LOT 2
l LOT AREA 80,000 SF. 10,198± SF. # 13,763± SF. #
'_-- LOT WIDTH 200 FT. 110± FT. # 139± FT. #
FRONT YARD 40 FT. 20± FT.fr 20± FT. a
C� SIDE YARD 40 FT. 22± FTA 14± FT. # 6?�?
s� ^ REAR YARD 100 FT. 34± FT.# 36± FT. °!3
EAnQ 9
�isro
# DENOTES VARIANCE REQUESTED
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MICHELLE 7REMBLAY LINDA M. ROBERT V. WENDY &
& TREMBLA Y JOSEPH
CHRISTOPHER KOLODZIEJ LOT 13 MACCARlO M/ASKIEW/CSZ, JR.
LOCUS PLAN LOT 14 LOTS SHOWN ON PB 212 PL 39 S37'51'58"E 250.80 LOT 12 — LOT 11
112.20' 138.60' _ —
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APPROVAL UNDER THE SUBDIVISIONDISTRicT u E Rc 36±'
CONTROL LAW NOT REQUIRED APPROXIMATE ZONING O MARIA
SALEM PLANNING BOARD DONNA M. - LOT 1 14± LOT 2 N EMI
GAUTREAU 10,981 ± SF.
--- 14± 13,763E SF. FALLICA
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�ZPROPOSED o DWELLING22±'-�48'
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20±' 20±'
6.91' 103.09' 139.24'
N38'57'13"W 299.76 N3779'51"W 491.62
NOTES:
ASSESSORS MAP 9 PARCEL 33 MARLBOROUGH 1940 CITY LAYOUT ROAD
RECORD OWNER. RICHARD THERIAULT
ZONING DISTRICT RC
SUBDIVISION PLAN OF LAND
LOCATED IN
SALEM , MASS .
PREPARED BY
FOR REGISTRY USE ONLY EASTERN LAND SURVEY ASSOCIATES, INC.
THIS PLAN IS BASED ON THE REFERENCED PLANS, DEEDS CHRISTOPHER R. MELLO, PLS
D 77-IE RESULTS OF A FIELD SURVEY AS OF'CER77FICA77ON IS INTENDED AS TO PROPERTY TITLE NO104 LOWELL ST. PEABODY, MA. 01960
OR AS TO THE EXISTENCE OF UNWRITTEN OR UNRECORDED
EASEMENTS. (978) 531 -8121
ctimsr� r "'
I HEREBY CERTIFY THIS PLAN CONFORMS PRO
SCALE: 1 " = 20' FEBRUARY 4, 2004
TO THE RULES AND REGULATIONS OF THE PREPARED FOR
REGISTERS OF DEEDS OF THE COMMON—
WEALTH OF MASSACHUSETTS. � i j'�• RICHARD THERIAULT �
. .4:159
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