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Legal Notice
CITY OF SALEM
BOARD OF APPEAL
will hold a public hearing for all
persons interested in the petition sub-
mitted by KEVIN O'DONNELL
requesting Variances to subdivide
lot.Lot 1 requires Variance from lot
area and frontage,Lot 2 requires Vari.
ances from lot area,frontage,front set-
back and side setback for property
located at 150-152 MARLBOROUGH
ROAD(R-1).Said hearing to be held
WEDNESDAY, SEPTEMBER 19,
2001, at 6:30 P.M., 120 WASHING-
TON STREET,third floor.
Nina Cohen,Chairman
(9/5,12)
i
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low
Of iTletit� ttSSttCI�uSe#t8 CITY OF SALEM, MA
CLERK'S OFFICE
Poara of Meal
2001 OCT -3 P 2: 01
DECISION OF THE PETITION OF KEVIN O'DONNELL REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 150-152 MARLBOROUGH ROAD R-1
A hearing on this petition was held September 19, 2001 with the following Board
Members present: Nina Cohen, Chairman, Richard Dionne, Stephen Harris and Nicholas
Helides. 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 subdivide lot. Lot 1 requires Variance from lot
area and frontage. Lot 2 requires Variance from lot area, frontage, front setback and side
setback for the property located at 150-152 Marlborough Road located in an R-1 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
structure 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 plans, makes the following findings of fact:
1. Petitioner entered into an agreement with the owner to purchase the property at 150-
152 Marlborough Road, consisting of a single-family house on a lot of 11,149 s.f.
Petitioner seeks to divide the existing lot to allow a second single family home to be
built on the same property.
2. Petitioner submitted a plan drawn by David P Terenzoni's, PLS, showing a proposed
layout for the two lots. Lot 1 on the plan consisted of 10,987 sf, with frontage on
Marlborough Road of 50.09 ft. and adequate side yard and front setbacks. Lot 2 on
the plan consisted of 12,453 sf, the existing single family house, and 57,057 sf, of
frontage. The existing home on Lot 2 is slightly nonconforming as to front and side
setbacks, and a Variance is requested for front setbacks and both side setbacks for
that lot.
1
a'
' 3. DECISION OF THE PETITION OF KEVIN O'DONNELL REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 150-152 MARLBOROUGH ROAD
R-1
page two
4. Jeff Sano and Frank Gagnon of Buena Vista Avenue spoke at the meeting. Neither
Homeowner opposed the granting of the requested variance, but both were
concerned about the effect upon their homes of any blasting that might be done at
the site. The builder stated that he did not intend to blast as the property, but
planned to excavate using earth-moving machinery. He agreed that, should blasting
become needed, he would notify the neighbors and abutters prior to beginning any
blasting operations.
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 which especially affect the subject property but not the
district in general.
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 4-0,to grant the Variances 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 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 display said number so as to be visible from the street.
7. Petitioner shall notify abutters of blasting and comply with City regulations.
8. Hours of construction shall be within the City of Salem regulations.
Variance Granted `
September 19, 2001 114 00 /) 0C'r
Nina Cohen, Chairman
Board of Appeal
DECISION OF THE PETITION OF KEVIN O'DONNELL REQUESTING A VARIANCE
FOR PROPERTY LOCATED 150-152 MARLBOROUGH ROAD R-1
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
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