156 MARLBOROUGH ROAD - ZBA ` •r it +`1
- I
156 MARLBORODGH ROAD -�
l 1
�� J
Legal Notice
CITY OF SALEM
BOARD OF APPEAL
745.9595 ExL 381
Will hold a public hearing for all
persons interested in the petition
submitted by KELLIE & THOMAS
BOGUCKI requesting a Variance form '
minimum lot area, lot width for lot 2 to
allow construction of a single family
dwelling&Variance from minimum lot
width for lot t which contains an exist-
ing single family dwelling for the proper- !
ty located at 156 MARLBOROUOGH t
ROAD R-1. Said hearing to be held I
WEDNESDAY, MARCH 17, 2004 I
AT 6:30 P.M., 120 WASHINGTON
STREET,3RD FLOOR,ROOM 313.
Nina Cohen,Chairman
i (313,10)
i
�o CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
� 120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA 01970
TEL. (978) 745-9595
FAX (978) 740-9846
STANLEY J. USOVICZ, JR.
MAYOR
DECISION OF THE PETITION OF KELLIE & THOMAS BOGUCKI REQUESTING )�Q sO�F
VARIANCE FOR THE PROPERTY LOCATED AT 156 MARLBOROUGH ROAD R-1
c�
A hearing on this petition was held on March 17, 2004 with the following Board Members �S
present: Nina Cohen, Stephen Harris, Nicholas Helides, Bonnie Belair and Joseph 0
Barbeau. Notice of the hearing was sent to abutters and others and notices of they
hearing were properly published in the Salem Evening News in accordance with 9
Massachusetts General Laws Chapter 40A.
The petitioner is requesting a Variance from minimum lot area, lot width for lot 2 to allow
construction of a single family dwelling & Variance from minimum from width for lot 1
which contains an existing single family dwelling for the property located at 156
Marlborough Road located in a 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. Attorney George Atkins of 59 Federal Street appeared and represented the
petitioner.
2. The petitioners would like to subdivide the property into 2 lots. The variances
required are minimum lot are, lot width for lot 2 to allow construction of a single
family. Lot 1, which contains an existing single family needs variances from
minimum lot width
3. An abutter Francis Gagnon of 6 Buena Vista had concerns regarding the
blasting. He had sustained prior damage to his property when blasting was
previously done at another location.
4. Arrangements were made to have the abutters notified when blasting is going to
occur.
CITY
' C(eRMSq4F
, OFFC�q
lek
DECISION OF THE PETITION OF KELLIE & THOMAS BOGUCKI REQUESTIN�9A?S
VARIANCE FOR THE PROPERTY LOCATED AT 156 MARLBOROUGH ROAD R1 q
page two '2 SO
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.
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 statutes, ordinances, codes and
regulations.
2. All construction shall be done as per plans 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 or site
work.
5. Petitioner shall obtain approval from any City Boards or Commissions having
jurisdiction including but not limited to the Planning Board.
6. Prior to applying for permits, the owner of the property will notify all abutters in writing
of any method of stone excavation to be commenced on the property and have
specific insurance to cover any damage that may be caused by such excavation.
Variance Granted
March 17, 2004
Bonnie �S u�\
Board off Appeal, Member
CITY OF SALEM. MA
CLERK'S OFFICE
,2004 MAR 25 P 3- 50
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CIITY 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 day
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
i
ZONING DISTRICT
RESIDENCE R i
FRANCIS ITEM REQ'JIRED LOT 1 LOT 2
BUENA GAGNON LOT AREA 15,000 SF. 19361± SF. fl 12316f SF.#
VISTA V�9 LOT DTH 100.00 FT. 91f FT. /' 58t FT.
r l F Fp FRO"JT YARD 15 FT. 123+ FT. 102+ FT.
L/ TRUST LOT 52
LOT 51 150.00 SIDE YARD 10 FT. 10+ FT. 10+ FT.
,)COS11 - % S26'S8 57 vJ 8r �F REAR YARD 30 FT. 44+ FT. 48t FT.
# DEPJOTES VARIAPJCE REQUESTED
j 61.04" SHED
\ 5 PIPE FD
�£H J S\
Op, l
LOCUS PLAID
APPROVAL UNDER THE SUBDIVISION
CONTROL LAN! NOT REQUIRED NOTES.
SALEM PLANNING BOARD IL ASSESSORS MAP 9 PARCEL 18
RECORD Ol'iVER. &�KELLIE TOWSZ BOGUCKI
DEED REFERENCE.• BOOK 1507J PAGE 513
�' p`";ELur1G PLAN REFERENCE.• PLAN BOOK 55 PLAN 41
N PROPOSED 1940 CITY LAYOUT FILED KITH CITY ENGINEER
10. 156
No pWELLING I
N o _' L�
w w
m
z
rn
-to � JOMOKO
9 cl� REALTY
t
DA TE TRUST
N �
O �
� O
N �
t
THIS PLAN IS RASED ON THE REFEP='ICED PLANS, DEEDS LOT 205 `
AND THE RESULTS OF A FIELD SURVFY AS OF THIS DATE.
NO CERTIFICATION IS INTENDED AS TO PROPERTY T7TLE
OF AS TO THE EX'STENCE OF' UN•'RITTE 1 OR UNRECORDED
EASEVENTS.
l HEREBY CERTIFY THIS PLAN CONFORA^S
LOT 2 LOT 1
TO THE RULES AND REGULATIONS OF THE 129316± SF. 199361 -j- SF. SUBDIVISION PLAN OF LAND
REC!STE_RS OF DEEDS OF THE COPMON—
1,!EALTH OF MASSACHUSETTS. LOCATED IN
SALEM , MASS .
PREPA RED B Y
FOR REGISTRY USE ONLY Soble Road EASTERN LAND SURVEY ASSOCIATES, INC.
To
44.17 58.43 91.57 CHRISTOPHER R. MELL 0, PLS
_
N33.22"24•E 301.54 104 LOWELL ST. PEABODY, MA. 01960
(978) 531 -8121
SCALE: 1 " = 20' NOVEMBER 10, 2003
AfARLBORO UGH 1si0 CM LAY011T ROAD PREPARED FOR
KELLIE BOGUCKI
i � �,�i'o.31317 n •
Y
0 10 20 40 60 80 A:152
F 13456