129-133 MARLBOROUGH ROAD - ZBA VARIANCE 1999 129 - 133 MARLBOROUGH ROAD
JOSEPH GRENIER
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Legk Notice
CITY OF SALEM
BOARD OF APPEAL
745.9595 Ext.381
Will hold a public hearing for all 1
persons interested in the petition sub-
mitted by Joseph H.Greater request-
ing a Variance to allow for front set-
back width of 46 feet for Lid 1,and
area of 12,300 square feet and mini-
mum lot width of 22 feet for the
property located at 129-133 Marlbor-
ough Road, R1/RC.Said hearing to -
Ibe held Wednesday, November 17,
1999 at 6:30 p.m.,One Salem Green,
2nd Floor.
- Nina Cohen
Chairperson ,
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CIr- OF -Ali"H. MASS
- CLI 4'S OFFICE
DECISION OF THE PETITION OF JOSEPH GRENIER, TRUSTEE REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 129-133 MARLBOROUGH ROAD R1/RC
A hearing on this petition was held May 20, 1998 with the following Board
members present: Nina Cohen, Paul Valaskagis, Michael Ward, Ronald Harrison
and Stephen Buczko. 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 requests a Variances on lot area and lot width. Also requesting
a Variance on side setback for the located at 129-133 Marblorough 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 .
1
The Board of .+lppeal , after careful considerations the evidence presented at
the hearing, makes the following findings of fact :
1 . The oetitioner was represented by John R. "ieity, Esq. He is seeking
variances from Ordinance requirements for lot area, frontage and lot
width.
Petitioner submitted a subdivision plan for this property to the Salem
Planning Board and received approval for seven lots for single family
homes . The property contains both conservation land and a waterway,
Strong Water Brook.
3 . The seven lots will share three common driveways for ease of access
onto Marlborough Road.
There were no objections to the proposed variances .
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.
DECISION ON THE PETITION OF JOSEPH GRENIER, TRUSTEE REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 129-133 MARLBOROUGH ROAD
page two
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.
On the basis of the above findings of fact, and on the evidence presented
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 . All construction shall be done as per the plans and dimensions
submitted.
3 . All requirements of the Salem Fire Department relative to smoke and
safety shall be strictly adhered to.
A Certificate of Occupancy is to be obtained.
5. Petitioner shall obtain a building permit prior to beginning any
construction.
c . 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.
Petitioner is to obtain approval from any City Board of Commission
having jurisdiction including, but not limited to, the Planning Board
and Conservation Commission.
P:o more than three driveway openings ; 1 at Lot 3 & b , 1 at Lot 5 & o
and 1 at Lots 1 ,2 & 7.
Compliance to meet with Section 7-7 of the Salem Zoning Ordinance.
10 . All curb cuts shall be reviewed and meet the requirements of the City
Engineer.
Variance Granted
`:av 20, 1998
Nina Cohen, Chairman J
Board of Appeal
page three
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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i45 NOV 22 11: 30
DECISION OF THE PETITION OF JOSEPH H. GRENIER REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 129-133 MARLBOROUGH ROAD R-1/R-C
A hearing on this petition was held November 17, 1999 with the following Board
Members present: Nina Cohen, Chairman, Ronald Harrison, Stephen Harris, Stephen
Buczkc 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 to allow for front setback, width of 46 feet for Lot
1, and back width of 46 feet for lot 1, and area of 12,300 sq. ft. and minimum lot width of
22 feet for the property located at 129-1 33Marlborough Road.
The Variances which have been requested may be granted upon a finding by this Board
that.
1.Special conditions and circumstances exist which especially affect the land, building or
structures involved and which are not generally affecting other lands, buildings and
structures involve.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
3. 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 plans, makes the following findings of fact:
1. The petitioner, Joseph H. Grenier, was represented by John R. Keilty, Esq.
2. The petitioner seeks a variance to allow for front lot width of 46.47 feet for lot 1, an
area of 14,450 square feet and a minimum lot width of 22 feet.
3. This same variance was granted on May 29, 1998, however, the applicant was
unable to utilize the variance within one year due to conservation issues.
4. This lot will share a common driveway with lots 2 & 7.
5. No opposition to the requested variance was presented.
A,
iii- `-�i_Fi'i. ?•i
c OFFICE
DECISION OF THE PETITION OF JOSEPH H. GRENIER REQUESTING VARIANCES
FOR THE PROPERTY LOCATED AT 129-133 MARLBOROUGH ROAD
page two MR NOVI 22 F 11
On the basis of the above findings of fact, and on, the presented at the Zoning Board of
Appeal voted unanimously, 5 in favor, to grant the variances requested, subject to the
following condition;
1. Petitioner shall comply with all city and state statues, 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 is to obtain Building Permit prior to beginning any construction.
5. Petitioner shall obtain proper street numbering from the City of Salem Assessors
Office and shall display said number as to be visible from the street.
6. A Certificate of Occupancy is to be obtained.
7. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
8. The driveway opening shall be shared with lots 2 & 7.
Variance Granted
November 17, 1999
CSC
Stephen Buczko
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
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.
NOTES:
1) THIS PLAN HAS BEEN PREPARED TO ACCOMPANY AN LOCUS sg4�4O
APPLICATION FOR A SPECIAL PERMIT FOR LOTS 1, 2 & 7.
2) STATUS OF AREA OF ADVERSE POSSESSION CLAIM ISS AWA {t00K
UNKNOWN. THIS PLAN IS NOT INTENDED TO ADDRESS PIAN 41
THIS CLAIM OM PIAN�eo 325. 2TA
(FD)
MERIDIAN FR 7'ETA/LD/B/ASE SALEM REALTY TRUST N r.SELIO DI IASE & UGO DiBIASETRUSTEES
D.H(FD) LOCUS MAP SCALE.• 1" - 1000'
HELDN 183652"" E 1125.86" KE & 1
K (FD) 1
3 AREA CLA/WED B y �`7/RN,gR/ A`9y�o�- tiE'
c 46757•
N N / AND LABELED AS "AREA OF ADVERSE POSSESS/ON CLA/M" �A? 1
^ ✓O, PH A• N 2759'45 E T ON PLAN RECORDED /N PLAN BOOK 242, PLAN
... 9
Zt
��'LAN BOO& /DA A. ..... ( REO-2.3Ot Acres) 71
PLAN R/ NO FLOW OBSERVED
�.. SRN -• 2818� .\ ..
321 74J A t<•j/,Q� �-- —.•� `•I\ SEPTEMBER 1997
1.964 fSF SER OlB/ASE C�PPORA 11AN
100.00"
APPROX/Mq ZON �S 6622'46"EKNOT INC, UD�X22 f`I c. ..-��.. -�_.. , • �` �•
lE
E L/NE 21.00' `•• -FOSS AREA OE AD _� i LIMIT OF OBSERVED A \•
ESS/ON�,{ M) ARSE STRONG �— ' •
50'
0 � 201. 1130`37' ' f FLOW, SEPTEMBER 1997
_ — — `LA/ �•. "-'Z I i'� \1� BU1L0 ZONE g 62. s� OO
261 Lori _ _ '
j 122.00 64 „ • - -�---
1 211.64 s ' 24,69 S ft7G7V/ 77aV
OB q4 W 706'q” w ;1 2 O N� 0.567 tAc.; IN J 4' /."' .•'' IS .
W PLACE 3' DIA "-- _ -O� �L��--- p.- LOT 2 \ 300'
lS
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�° N � R RL ARl a+�c 30'N0 �' _ 1.1536 tAc. " ` I Q / s2 60.00. 6
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MAR/ANNE B. do (Pc PLAN 71)N BOOK 242, rn-->< % '.;'°` 1 �,� ,�--SP-- /
JOSEPH A. IFURNARI, // 66' 5O' DECK n �\ZoyE �REsio ;• I '� I �.
PLAN BOOK 282 PLAN 1 6B� ' /NG h N \ R1 ENTjA / APPROXIMATE
( ) �ry \ 5 ^ ~ \ (RES N L C S I . EDGE OF LAWN
0 co �. /DE Ory p i� LOT 3 � /
}} ^� T 7r 25' �' \�co N \ ,T/q� ONE E�AnON tea` i p� 40,887: S.F. \�
/D� FI/RNAR/ N N a' :� �i�,� \\✓� '`'1 Nig y J I �e 0.9366 t AC.
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(PLAN BOOK 319, PLAN 10) 55.6.9, \o t9 ` / ' i0o • \ 0 6 �� PAULA ✓. ROBERTS
�. \ �eUF -.5 o^ HAROLD H. tit
=047123" =fu 5 2706 44 y ;
L=2340' fo 6�_- / / l �. ��-- /' '� LOT 6 t
I �
« 10 O 1 23.98' � \ I� I � A�(
25,192 tSF
0. 0.5783tAc.INN 5 J6:5654`O LOT 7 .• �ry0' �p �� ����y\ y PLAN BK.325/I'L.47
R=320.00" "J j� 76 60' �I l4,450+ S,F. 79 o �,- I f ;/ .pl p �O ry� ♦ A'r �\ �� �--758 ` "h _ 60.00 „1
I
0.3317.t AG la 1 \' v ' i `'0 \ Q� Ar. Oma\/ �� h� LOT 4 I S 22 54 74" W
S270644" 24' WIDE h O \ v 1 ° . p��\� / _ . I�, A,� 28,200 tS.F. x x
o W 1h R, / 2 LOT 5 �o
I j47.09'
CONCRETE
l \l i 1 �o z
h � � 0 6474 tAc.
COArC/ r� / �6 PLAN BK.325/1'L.47 27,794 -*SF-.
O hI
h I 4 5823" 1 \ ( I �\ ,g8 p� / �' 0.6381 tAc. o p+
�/� 40 00' i • ti
/ 423.69' ?038 �' I I /r"' �w PLAN BK.325%I'L.47 N
U1 8' CHA/NLINK
N / \ \, oif3 .�
/ST BALD PLU�N /1�1A/QLB c� ' ¢6) '� 1 oc6� \ 60 • I �b 1 FENCE
(FD_ BOUND OROUG ( �( _ \ \l v� 1 \ : I f o�
HECOJ \ i \• f / 30.00'
°' 1 A00• ' 1 1 / N 225414" E 2
ASSESSORS: MAP 9, A PORTION OF LOT 270 PROPOSED 79¢
l2 CULVERT /7y/ 7?) ��o \`\�, —I _. /
OAWG.• RI - RESIDEN77AL ONE FAMIL Y '�r�Lj7 � 1111- �� 1 "� i7 � " Q Q T1tENCN ACROSS
RC - RESIDENTIAL CONSERVA 770AI S 64 — ——� ��•� S 4274'16 E ^ .� Cr DRIVEMY
f
REFERENCES.' TABLE OF AREAS �oFJ 410 oB¢ 25.00 I 8R�XLL 6"
,3g. 6`10
STME
POR77ON OF LOTS' WITHIN
S 5
DEED BOOK 14446, PAGE 346 (STRONG BROOK R. T.) ZONING DISTRICT RI 15 00 E
DRIWWgY
_ 3 W
DEED BOOK 14787, PAGE 479 (KEVIN O'DONNELL) ?� �
DEED BOOK 14842, PAGE 542 (TA. CHAUSSE) LOT 1 16,5001 S.F. m
PLAN BOOK 325, PLAN 47 LOT 2 30,900 --t—Sr
$ tv
LOT 3 23,600 tS.F. O,q •- ^ a ,_
PLAN BOOK 321, PLAN 74 ` Ito A � v
PLAN BOOK 319, PLAN 10 LOT 4 19,000 ts.F. S 3 1 I� '+ A
LOT 5 18,0001 S.F. 2 REBARS OR DR/ 4 y, h 5'
PLAN BOOK 242, PLAN 71 `322? 0000' r
PLAN BOOK 282, PLAN 1 /,V Sr�L HOLELOT 7 J.
LOT 6 15,8001 S.F. WOODEN STAKES
0MYERS OF RECORD.' REMAINING LAND 12,3001 S.F. INTO GROUND VEN MIN. " �FD`HELo ory LjNe 26084 10 .10. EROS/ON TRENCH DETAIL
S77?ONG BROOK REALTY TRUST (LOTS 1, 2 & 7) OF FURNARI 21,9001 S.F. �� r. Avr no SCALE
(JOSEPH H. GRENIER, TRUSTEE) ANI FIRST STAKE
TOWARDS PREVIOUSLY �� DETA/L
T.A. CHAUSSE (LOTS 5 & 6) LAID BALE S i
KEWN O'DONNELL (LOT 4) � � NTRY W OR N. ITS
¢10 DRILL HOLE PLA N OF LA Nb
s� V
�OCE7HERENDS
3B' IN STONE BOUND
(f D) IN
FOR REGISTRY USE APPROVAL UNDER THE SUBD/NS/ON II y
,v I � � Oo�1 - ?BO B4•
CONTROL LAW NOT REQUIRED. I ISOMETRICv1Ew �A OgDOU SALEM, MA
PLANNING BOARD PROPERTY of
STRONG BROOK REALTY TRUST
I CER77FY THAT THIS PLAN CONFORMS TO c�psETts d33� ��� , (TO ACCOMPANY AN APPLICATION FOR SPEC/AL PERM/T)
77-IE RULES AND REGULA 77ONS
REGISTERS OF DEEDS. tiam4% EMBED BALE !' S „yam o� ANN RE.V JULY'9, /999
pf 4 � u � �"1- '' � �ILB>TRf
SCALE.- 1" = 40' JULY 20 1998
3 jnHN
0 20 40 BO 160 CROSS SEC770N
Wwoa
0I 5 C) •�� q ols � �l/s�q9 Z�s� y HANCOCK SURVEY ASSOC/A TES, /NC.
JLqHA Y BALE BARRIER ASA 235 NEWBURY STREET, DANV£RS, MASSACHUSETTS 01923
DATE PR==10L LAND SURVEYOR DA TE.-
NOT TO SCALE CHECKED BY. - (978) 777 - 3050
6432