120 MARLBOROUGH ROAD - ZBA 120 MARLBOROUGH ROAD I
MARK J. TERRY
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Legal Notice
' f CITYOFSALEM ''1
.BOARD OF APPEAL' {
` 745-9595 Ext:381:
Will hold a public hearing for all i
pe'rsonsAnterested in the petition
submitted by MARK J.,TERRY,
;TRUSTEE requesting Variances frotn
lot area;lot width, side yard and rear ;
yard requirements,for the property 4
located 'at 120'''MARLB'OROUGH'
ROAD'(Ri)'.'Said hearing to tie held 1
WEDNESDAY,!`JUNE'17;,1998 AT"'J
6:30 P.M:,ONE'SALEM GREEN,2nd, �;
floor.,�' ih�;7w
Nina Cohen,Chaimtan
'r, (6/3,6/l0/98)
Tits of ttiem, ttssttrljusetts
a Poarb of Appeal
Cfrr OF SALCM. MASS
C,LIRK'S Off ICE
DECISION OF THE PETITION OF MARK J .TERRY REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 120 MARLBOROUGH ROAD R-1
A hearing on this petition was held June 17, 1998 with the following Board
members present: Nina Cohen, Paul Valaskagis, Michael Ward, Ronald Harrison
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.
Petitioner is requesting a Variance from lot area, lot width, side and rear
yard requirements for the property located at 120 Marlborough Road.
The Variance which has been requested may be granted upon a finding of this
board that:
1 . Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other land, buildings , or structures in the same district.
2 . Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3 . Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1 . Petitioner Mark J . Terry was represented by Attorney John Serafini, Jr.
of 159 Federal Street, Salem, Mass.
2 . Petitioner wishes to reconfigure their existing two lots "C" and "352"
into one lot to allow continuance of the existing deck.
3 . Petitioner request four variances consisting of lot area, lot width,
side and rear yard requirements.
4 . There was no opposition to the proposed petition.
On the basis of the above findings 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. Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
DECISION ON THE PETITION OF MARK J. TERRY REQUESTING A VPRIANfE PM ��p
FOR THE PROPERTY LOCATED 120 MARLBOROUGH ROAD R1 .•NN�� %
page two
cIrr or sau:M. Hass
On the basis of the above findings of fact, and on the eviggY'pA OF&-d
at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant
the variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statures, ordinances,
codes and regulations.
2. Petitioner shall obtain approval from any City Board of Commission
having jurisdiction including, but not limited to the Planning Board.
Variance Granted
June 17 , 1998 rx �'J CSC
Paul Valaskagis, Member
Board of Appeal
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 after the 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 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
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_ APPROVAL UNDER THE SUBDIVISION
P9 r= Pir` CONTROL LAW NOT REQUIRED
✓✓r �,4 �4 a\ --+
VCe Nk 14� !➢ND
SALEM PLANNING BOARD
LOGOS JAa>30 y+,
LOCUS MAP
DATE
DAVID B. 8 RALPH L . CHURCH
-4�BFRr0
4 50 3 LOT A, B & C ARE A SUBDIVSION OF
LOT 1 ON PLAN BK 237 PLAN 77
�0 �� S AND LOTS 353 - 357 ON PLAN BOOK 55 PLAN 41
36. AND LAND ABANDONED BY THE 1940 CITY
S6.
� � LAYOUT OF MARLBOROUGH ROAD.
Q h°j o LOT C / PJ�� �R 01�� �0� �00• 7 1 l/j LOT C IS TO BE COMBINED WITH ADJACENT
LOT 352 TO FORM A CONTIGUOUS LOT.
ti ioo oo ' 3 3 798141. SF."
At
LOT B
157 278± SF . Q
VE.
•p�ti$ �\ J� N 1 2639.
0` 6•
co \� o�F`<lloe12 * S 1905g,01.
N W
o
\ �41 LOT A
top 202 828± SF .
S JOHN J. 8 GLORIA R.
DOO` SF DECK I PIOTROWSKI
S
o
18?1' pb' cp
2 �\I EXISTING cr
SHED DWELLING o rn
No . I08 cp. Lr'
N 4?9� 100.00.
I
S8•?O- ING
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ASSESSORS MAP 9 PARCEL 28 & 68 R- 1 ZONING D 1 STR I CT £ / 4'p0, \// D DR I\jEWAY
PLAN REFERENCE: PLAN BOOK 55 PLAN 41 LOT AREA 15,000 SF. Se F PAVE �D
DEED REFERENCE: BOOK 7230 PAGE 131 LOT WIDTH 100 FT. /� 0UiV0
FRONT YARD 15 FT. 'qR \
RECORD OWNER: MARK J. & MARY ANN TERRY SIDE YARD 10 FT. Le SUBDIVISION
REAR YARD 30 FT. �
L=184.60
PLAN OF LAND
�G'
O ,,`7 R=270.00 LOCATED IN
1940
C/ry �Y SALEM , M ASSACH U SETTS
ROAD PREPARED BY
EASTERN LAND SURVEY ASSOCIATES, INC.
FOR REGISTRY USE ONLY �---• -.
CHRISTOPHER R. MELL 0, PLS
�t�{ UFM.IS�•e:
104 LOWELL ST. PEABODY, MA. 01960
�f (508) 531 -8121
`) �` " =
l HEREBY CERTIFY THIS PLAN CONFORMS ` `��.;. . ��" ; ,. SCALE: 1 20' AUGUST 147 1996
TO THE RULES AND REGULATIONS OF THE `^
REGISTERS OF DEEDS OF THE COMMON-
• ,�.. � PREPARED FOR
WEALTH OF MASSACHUSETTS. MARK J . 8C M A R Y ANN TERRY
THIS PLAN IS BASED ON THE REFERENCED PLANS, DEEDS
AND THE RESULTS OF A FIELD SURVEY AS OF THIS DATE. 0 10 20 40 60 80 /
NO CER77FICA77ON IS INTENDED AS TO PROPERTY 77TLE
OR AS TO THE EXISTENCE OF UNWRITTEN OR UNRECORDED
EASEMENTS.
F 6550
I r
PB t12 Pi 9j APPROVAL UNDER THE SUBDIVISION
i �,� CONTROL LAW NOT REQUIRED
LOCUS �pR®° ,y•
� SALEM PLANNING BOARD
LOCUS MAP
DA TF
DAVID B. 8 RALPH L . CHURCH
' ACQF'QTo ,-
41
Soil LOT A, B & C ARE A SUBDIVSION OF
LOT 1 ON PLAN BK 237 PLAN 77
AND LOTS 353 — 357 ON PLAN BOOK 55 PLAN 41
36• AND LAND ABANDONED BY THE 1940 CITY
<1 ' R¢Ss• LAYOUT OF MARLBOROUGH ROAD.
Q = o LOT C 0 7 g�3 j/ LOT C IS TO BE COMBINED WITH ADJACENT
ti T00.00
O 3�3 7,814� SF.' � `1� 0"
0 •rs� LOT 352 TO FORM A CONTIGUOUS LOT.
0 \
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N
LOT B
157 278± SF . s� '4 VE .
.p) $ \J 10.26 3g.
4 8� �FsTi 4, N
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<<�NG �
`� N �Z•qb S 1g•58. ,.
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A� 4,h
poi p•. pep
^ �•ti6 LOT A -
40T3 �°` 201828± SF .
SOOO* S2 — I JOHN J. 8 GLORIA R.
S SF 3 DECK I PIOTROWSKI
O•� M
Cot
O N
7g2j � cN
NG
= SHED I� l i pWFLL I NG o 0)
Na , 108
U'i
1
N2g. 0 .00. I
9,20~ F p0. RETAINI
NG
ASSESSORS MAP 9 PARCEL 28 & 68 R I ZONING DISTRICT 4
PLAN REFERENCE: PLAN BOOK 55 PLAN 41 LOT AREA 15,000 SF. Se F /�� PAVES DRIVEWAY --�
DEED REFERENCE: BOOK 7230 PAGE 131 LOT WIDTH 100 FT. 41, �No
FRONT YARD 15 FT. qRCe SUBDIVISION
RECORD OWNER: MARK J. & MARY ANN TERRY SIDE YARD 10 FT.
REAR YARD 30 FT. �/4O/ L=184.60' PLAN OF LAND
GAY R=270.00 LOCATED IN
/940
C17-Y SALEM , M ASSACH U SETTS
ROAD PREPARED BY
EASTERN LAND SURVEY ASSOCIATES, INC.
FOR REGISTRY USE ONLY ,..t.,. CHRI S TOPHER R. MEL L O, PL S
104 LOWELL ST. PEABODY, MA. 01960
' (508) 531 -8121
I HEREBY CER77FY THIS PLAN CONFORMS SCALE: 1 " = 20' AUGUST 1471996
TO THE RULES AND REGULATIONS OF THE
REGISTERS OF DEEDS OF THE COMMON- PREPARED FOR
WEALTH OF MASSACHUSETTS. MARK J . 8C MARY ANN TERRY
THIS PLAN IS BASED ON THE REFERENCED PLANS, DEEDS �
AND THE RESULTS OF A FIELD SURVEY AS OF THIS DATE. 0 10 20 40 60 80
NO CERTIFICATION IS INTENDED AS TO PROPERTY TITLE '
OR AS TO THE EXISTENCE OF UNWRITTEN OR UNRECORDED
EASEMENTS
F 6550