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186-192 MARLBOROUGH ROAD - ZBA 1812_ Marl bomh (Zol universal. www.myuniversalop.com pho^e:1-866-756-4676 UNV12113 MADE IN USA Zoning Board Proiect Status Sheet Address & Applicant: — g(o _ t9, 0 Date Submitted to BOA: i i J z 1 r 5 C✓Clerk Stamp: pari nces Only = Constructive Approval Date. (100 days from filing) 7r�/Abutters List Requested: �d butters Notice Sent: otice to Abutting Cities & Towns Councillors: Legal Notice posted at City Hall: (14 days before meeting) _ legal Notice Emailed & Confirmed: Legal Notice Posted on Web: Agenda to Applicant: Applicant's email address or fax number to send agenda: Opened at Meeting: 1z.i I S Continued Meetings: Extension Form(s) Signed & Clerk Stamped? Closed at Meeting: Decision: Decision Filed: l z 3 p Appeal Period Over: after decision filed) 2-© (21."day Decision Sent to Applicant: Notice of Decision Sent to abutters, cities and towns, councillors: - CITY Cr SALEM {r{ I, ZONING BOARD OF APPEALS 1 ' Will hold a public hearing for all persons interested in the petition of MATTHEW and MARIE GAGNON,1 TRUSTEES of HENRIE REALTYI TRUST, requesting Variances seek- ing relief from Sec. 4.1.1 Table of Dimensional Requirements from ,ninimum lot frontage and minimum of width to all lots and minimum lot area per dwelling unit for Lot 3 to ireate three (3)lots located at 186- 190 MARLBOROUGH ROAD (Map 10 Lot 32)(141). The public hearing will be heldi on WED.December 16,2015 at 6:30 PM, 3rd Floor, 120 WASHINGTON STREET,Rm 313. f` Rebecca Curran,Chair Board of Appeals SN—12/2,12/9/15 1 i I CITY OF SALEM ZONING BOARD OF APPEALS Will hold a public hearing for all persons interested in the petition of MATTHEW and MARIE GAGNON, TRUSTEES of HENRIE REALTY TRUST, requesting Variances seek- ing relief from Sec. 411.1 Table of Dimensional Requirements from minimum lot frontage and minimum, :.lot width to all lots and minimum 101 area per dwelling unit for Lot 3 to create three(3) lots located at 166-j 190 MARLBOROUGH ROAD (Maps 10 Lot32)(R1). I I The public hearing will be held on WED.December 16,2015 at 6:30'. PM, 3rd Floor, 120 WASHINGTON' STREET,Rin 313. Rebecca Curran,Chairl Board of Appeals SN-12/2,12/9115 � l ZBA ACTION FORM BOARD'MEMBERS" =;7-TON'7§-E�EgCO-ND, 'CVOTE'r Date: �pL!Jb�/� Rebecca Curran (Chair) �! Mike Duffy Petitioner: hoi �Qw Gti-/' Tom Watkins ' Peter Co elas (pa5hen —%nw�eP: Bar ,i.(�l..A i Q. Address: f22a/h 7 } Jimm Tsitsinos Jim Hacker(Alt.) ) 94- /90 /1" y u Paul Viccica(Alt.) Conditions: - s Total: a'--o Petitioner shall comply with all city and state statutes,ordinances, codes and regulations. ❑All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner. ©All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. m Petitioner shall obtain a building permit prior to beginning any construction. ❑Exterior finishes of the new construction shall be in harmony with the existing structure. ®A Certificate of Occupancy is to be obtained. ❑A Certificate of Inspection is to be obtained. ®Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall display said number so as to be visible from the street. ❑Petitioner is to obtain approval from any City Board or Commission having jurisdiction including,but not limited to,the Planning Board. ❑Unless this Decision expressly provides otherwise,any zoning relief granted does not empower or authorize the Petitioner to demolish or reconstruct the structure(s)located on the subject property to an extent of more than fifty percent(50%)of its floor area or more than fifty percent(50%)of its replacement cost at the time of destruction. If the structure is demolished by any means to an extent of more than fifty percent(50%)of its replacement cost or more than fifty percent(50%)of its floor area at the time of destruction, it shall not be reconstructed except in conformity with the provisions of the Ordinance. <t �;(ONLIIT CITY OF SALEM MASSACHUSETTS ` 1 BOARD OF APPEAL IN5 OEC-3o\�CIMIIUED� 120 WASHINGTON STREET 1 SALEM,MASSACHUSETTS 01970 P ( (6 i KIMBERLEYDRISCOLL TFLE:978-745-9595 ♦ FAx:978-740-984G1iY MAYOR C CLER . S. December 30, 2015 Decision City of Salem Board of Appeals Petition of MATTHEW and MARIE GAGNON, TRUSTEES of HENRIE REALTY TRUST, requesting Variances seeking relief from Sec. 4.L1 Table of Dimensional Requirements from minimum lot frontage and minimum lot width to all lots and minimum lot area per dwelling unit for Lot 3 to create three (3) lots located at 186-190 MARLBOROUGH ROAD (Map 10 Lot 32) (R1). A public hearing on the above Petition was opened on December 16, 2015 pursuant to M.G.L Ch. 40A, � 11. The hearing was closed on that date with the following Salem Board of Appeals members present: Rebecca Curran (Chair), Peter Copelas, Tom Watkins,Mike Duffy and Jim Hacker (alternate). The petitioner is seeking Variances requesting relief from Sec. 4.1.1 Table of Dimensional Requirements of the Salem Zoning Ordinance for minimum lot frontage and minimum lot width to all lots and minimum lot are per dwelling unit for Lot 3 to divide the existing lot into three (3) lots. Statement of facts: 1. In the petition date-stamped November 23, 2015, the Petitioner requested a Variances seeking relief from Sec. 4.1.1 Table of Dimensional Requirements to from minimum lot frontage and minimum lot width to all lots and minimum lot area per dwelling unit for Lot 3 to create three (3) lots. 2. Attorney Atkins presents the petition on behalf of the applicants. 3. The existing property is one (1) lot with three (3) residential structures. The petitioner proposes to create three (3) separate lots out of one (1) large existing lot with one building on each lot. 4. The property is unique as there are three (3) existing houses on one (1) lot. 5. The existing structure on Lot 1 is a single-family home. The existing structure on Lot 2 is a single family home that will be demolished and reconstructed and remain a single family home. Lot 3 is used as a non-conforming two (2)- family residential building that will remain. The property is located in an R1 Single Family Residential Zoning District. 6. The petitioner proposes fifty (50) feet of the required 100' feet of frontage for each proposed lot. 7. The petitioner proposes approximately 57 feet, 31 feet and 62 feet of lot width for Lots 1-3 consecutively of the required 100' feet. 8. The petitioner seeks relief for minimum lot area per dwelling unit for Lot 3. This lot is 25,788 square feet of the required 15,000 square feet of lot area per dwelling unit on Lot 3. This lot requires 30,000 square feet as the structure is an existing nonconforming two-family dwelling unit. 9. Attorney Atkins testifies that the existing lot is irregular in shape and a large portion of the proposed divided lots contain wet soil making the use of a large portion of each proposed lot impractical for development. City of Salem Board of Appeals December 30,2015 Project: 186-190 Marlborough Road Page 2 of 3 10. Attorney Atkins testifies that the petitioner does not propose to change the nature of the lots as the use will remain residential. 11. The requested relief, if granted, would allow the Petitioner to create three (3) dimensionally non- conforming lots. 12. At the public hearing one (1) member of the public spoke in favor, of and none (0) spoke in opposition to, the petition. The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the petition,including the application narrative and plans, and the Petitioner's presentation and public testimony,makes the following findings that the proposed project meets the provisions of the City of Salem Zoning Ordinance: Findings for Variance: 1. Special conditions and circumstances that especially affect the land, building or structure generally not affecting other lands, buildings or structures in the same district are that there are three structures on a single lot, a substantial portion of the proposed lots have wet soils, and the topography is such that the lot is lower than the surrounding properties. 2. The literal enforcement of the provisions of the Ordinance would prevent the property owner from dividing the property involve substantial hardship. 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 or the purpose of the ordinance. On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5) in favor (Rebecca Curran (Chair), Peter Copelas, Tom Watkins, Mike Duffy and Jim Hacker (alternate) and none (0) opposed, to grant Variances for minimum lot frontage and minimum lot width to all lots and minimum lot area per dwelling unit for Lot 3 to create three (3) lots, subject to the following terms, conditions, and safeguards: 1. The Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted to 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. Certificate of Occupancy shall be obtained 6. Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall display said number so as to be visible from the street. 7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. City of Salem Board of Appeals December 30,2015 Project: 186-190 Marlborough Road Page 3 of 3 Rebecca Curran, Chair Board of Appeals A COPY OF THIS DECISION HAS BEEN FIT-ED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal fiam this deci.non, if any, shall be made purwant to Section 17 of the Ma sacbusettr General Laws Chapter 40A, and shall be filed within 20 days of fthng of this decinon in the office of the City Clerk. Pursuant to the Massachusetts General lows Chapter 40A, Section 11, the Vanance or Special Permitgranted berein shall not take ffect until a copy of the decision beating the certificate of the City Clerk has been filed with the Essex South Registry of Deeds. City of Salem Department of Planning & Community Development CHECK RECEIPT AND TRACKING FORM DATE t. BOARDSTAFF CLIENT: PROPERTY ADDRESS: CONTACT NUMBER: <4 PURPOSEFOR APPLICATION: CHECK # A AMOUNT RECEIVED: $ 7,< City of Salem Department of Planning & Community Development CHECK RECEIPT AND TRACKING FORM DATE BOARD", (�4 STAFF CLIENT: PROPERTY ADDRESS: CONTACT NUMBER: PURPOSE FOR APPLICATION: CHECK # � AMOUNT RECEIVED: k'r ' AON NM- €� '`' � '�� - � �� . . °,w,�urD19BURSEMENT ACCOUNY'xo ' iµy� y t n' r "i � �; ��� � � � '�' 05 847 DATE ��q / �+ 53-7214/2113 , f ..(N6 0^� t BEVERLY , �G I ,D6LLaas FOR--�+��gY�,S u•0058i711'.•'r � �. ,� . 2i1372i45�. 063011662n' City of Salem Department of Planning & Community Development CHECK RECEIPT AND TRACKING FORM DATE BOARD. STAFF CLIENT: PROPERTY ADDRESS: CONTACT NUMBER: n PURPOSE FOR APPLICATION: CHECK # AMOUNT RECEIVED: f RONAN, SEGAL & HARRINGTON ATTORNEYSATLAW FIFTY-NINE FEDERAL STREET JAMES T.RONAN(1922-1987) SALEM,MASSACHUSETTS 01970-3470 JACOB S.SEGAL MARY PIEMONTE HARRINGTON GEORGE W.ATKINS III TEL(978)744-0350 FAX(978)744-7493 FILE NO.G-769.5 ': �� OF COUNSEL ;" JOHN H.RONAN 4+' MICHAEL J.ESCHELBACHER D November 23, 2015 NnY 23 201,5 Zoning Board of Appeals City of Salem 120 Washington Street, 3`d Floor Salem, MA 01970 ATTN: Erin Schaeffer RE: 186-192 Marlborough Road, Salem, MA Dear Ms Schaeffer: Enclosed for filing with regard to the above-captioned location is a petition together with 9 copies of the Site and Elevation Plan. Also enclosed are filing fee checks. Please see to assignment of this matter to the Board's agenda for the meeting of December 16, 2015. Vetruly yours, ---°G orge W. Atkins, III GWA/dap Enclosures / FA CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS PETITION FORM CITY OF SALEM,MASSACHUSETTS yl BOARD OF APPEALS 7015 NOV 23 A 11' SU \'itiy 120 WASHINGTON STREET, 3"FLOOR SALEM,MASSACHUSETTS 01970 CITE! CLQ 5�•l-Et1. 'n"-� KIMBERLEY DRISCOLL t�°9j '"9 Fe,1�d' W p"`�, a MAYOR Thomas St.Pierre,Director of Inspectional Services ttl'�l EE F2 4J9 93„x7 Phone:978-619-5641/Fax:978-740-9846 NOV C Erin Schaeffer,Staff Planner ,f 2 3 2015 Phone:978-619-5685/Fax:978-740-0404 DEPT.OF PDANN!N: t CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS PETITION FORM The following written statement has been submitted with this application: ( X ) For all Variance requests a written Statement of Hardship demonstrating the following must be attached: a) Special conditions and circumstances that especially affect the land,building,or structure involved,generally not affecting other lands,buildings,and structures in the same district; b) Literal enforcement of the provisions of the Ordinance would involve substantial hardship to the applicant;and 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 or the purpose of the ordinance. ( ) For all Special Permit requests a Statement of Grounds must be attached. An application for a special permit for a nonconforming use or structure shall include a statement demonstrating how the proposed change shall not be substantially more detrimental than the existing nonconforming use to the neighborhood in accordance with Section 9.4 Special Permits. Such a statement should include reference to the following criteria: a) Social, economic,or community needs served by the proposal; b) Traffic flow and safety, including parking and loading; c) Adequacy of utilities and other public services; d) Impacts on the natural environment, including drainage; e) Neighborhood character;and f) Potential fiscal impact, including impact on City tax base and employment. ( ) For all Comprehensive Permits for construction of low or moderate income applicants should refer to M.G.L. Ch.40B §20-23. _ Previous application to the Board of Appeals involving this property have been submitted with this petition form. The Building Commissioner can provide documentation ofprevious application to the petitioner or his representative. If different from petitioner: Petitioner: Matthew Gagnon,Trustee and Property Owner: Henrie Realty Trust, Marie Gagnon,Trustee Marie Gagnon, Trustee of Henri e Realty Trust Matthew Gagnon,Trustee Address: P.0' Box 431 , Topsfi el d_ MA Address: P. O.Box 431.Tonsfield,A 01983 Telephone: Telephone: Email: Email: Signature Signature: (Attached consent lee o acceptable) Date: Date: November 23,,'T0'15 If different from petitioner: Representative: Atty George W. Atkins III A TRUE Address: 59 Federal Street, Salem,MA 01970 ATTEST Telephone: 978-744.-0350 X107, Signature: ' Date::__Nfivember 23, 2015 CITY CLERK DATE DPCD DATE This original application must be filed with the City Clerk. VARIANCE STATEMENT The existing single lot contains three existing residential dwellings and is entitled to a division under the Subdivision Control Act by an approval not required plan. The existing lot and the divided lots are irregular in shape. A large portion of the existing lot and divided lots contain wet soil resulting in part from a municipal storm water drainage system and in part from the topography of the lot which is lower than surrounding properties. These conditions make use of a large portion of the lot impractical and the conditions are unique to this lot which is surrounded by existing residential lots and structures. The availability of a three lot division in accordance with the Subdivision Control Act coupled with the shape and soil conditions create a substantial hardship if the property cannot be reasonably used in the manner which the zoning ordinance allows—namely residential lots. The minor dimensional variances requested do not change the character of the zoning district or endanger nearby properties with an inconsistent use and thus even relatively minor hardship justifies a variance. The modest dimensional variances requested and the fact that there is no change of existing uses similar to the surrounding residential neighborhood satisfies the requirement that there will be no substantial derogation of the intent of the zoning ordinance to preserve_ the homogenity of the residential neighborhood. Z O U Q U SHIPLOOSE VINYL: SIDING " 8 0a PANELIZED ROOF J x J N W � FULL RIDGE VENT E e r Q O 12 O w N a s 12 w d o e� _ a ops 20._8. a'_8' CEILING CEILING r _ 0 H-z as ('o N Q �%�'Fe _ J s€ �W N g GJZ g FLOOR FLOOR o_0 11 a I Of W a m h 3 CEILING CEILING Ib 0 FLOOR � N KI FLOOR � ATTIC VENTILATION - PORCH OVERHANG SUPPLIED BY MANUFACTURER. R LOWER 50%®EAVES PORCH SLAB, POSTS AND RAILINGS a REO'D1_B_ SUPPLIED 21] FOR PORCH TO BE SUPPLIED AND o UPPER 50% 3'-0" MIN ABOVE EAVES INSTALLED ON—SITE BY OTHER lNCMrvmNi u.a io/zz/zms o� �:ao:�a nM REO'D1 8 SUPPLIED2_16 (3 PCS) ACTUAL HOUSE MAY VARY FROM ELEVATION—ACCESS TO GRADE ON-SITE BY OTHERS 1111,E,w.=rto.00u, 0 w s _ U ¢ > N SHIPLOOSE VINYL SIDING 3 � xoo E, FULL RIDGE VENT o W =o x x r � " a 0 < o � u a 0 ci w n a 0 a s w N e O � K x O p O CEILING CEILING r ® 0 �z N~ xm=� Q w` W W Ws € W W' FLOOR FLOOR a w (r 0 CEILING CEILING — o FLOOR FLOOR 3' o � LMCKNIGHTeuwel0/22/2015 0l I:40O4 AM ACTUAL HOUSE MAY VARY FROM ELEVATI ON-ACCESS TO GRADE ON-SITE BY OTHERS �MW„ Z O U i ¢ ? u S SHIPLOOSE VINYL SIDING a U k o P � � O 'PANELIZED ROOF FULL RIDGE VENT o 12 0 a z o a � N Y U W M ¢ = u ya �o w � CEILING CEILING r _ o - HZ - :a N O v W> mE ('W �J N W W� 2 FLOOR FLOOR w o O d m N CEILING CEILING FLOOR FLOOR aR LMCKNIGHT zar 10/22/2015 cl T.00:34 PM ACTUAL HOUSE MAY VARY FROM ELEVATION—ACCESS TO GRADE ON—SITE BY OTHERS m r m 0 r 0 Z7 Z .TJ Z G C 8-0• 1 1 9_0 c o � ➢ z 0 � r C m QD S 'n O CO K < O m C ET m m < n. Z I z � I ➢ U) 0 m N 0 z 0 JN ➢ m 0 z I W m m W O S m 20 v1 i s ,aAe ods, �sQm FVm 4 m m z O Z O Z .S� A a PACE: DATE: oRAvrta eY: STATUS: 3040—PRESTIGE 2 STORY a°`P w�.orEx io zi zms w STY, RIGHT ELEVATION PROS EDGE QUALITY HOMES LLC STEVE GAGNON 11 1MA SALEM W ESSEX sn MA ��PflME55pWL n EAST MARKET SIflECI xo v[a io!u P.6 BOM z19 [ waw P Busowo PBON:mc.PA.newz 100 MPH 3 SECOND GUST 40 21fi5 e s axwc I, an-irzs wow x- �u xo. ..a xn Bnmu,m FAX:(no)em-6U) 66014 P66014MO) I i CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS PETITION FORM CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS 2015 f'10V 23 A 1 I: 5!t - 120 WASHINGTON STREET, 3Ro FLOOR i-!L OR L ;',� SALEM,MASSACHUSETTS 0197U[TY rI � � 'tlp agi{o KIMBERLEY DRISCOLL �7 ED MAYOR Thomas St.Pierre,Director of Inspectional Services i6i1EW'' Phone:978-619-5641/Fax:978-740-9846 NOV 2 3 2015 L _ Erin Schaeffer,Staff Planner DEPT. OF PLANNING& Phone:978-619-5685/Fax:978-740-0404 COMMUR]± )D'NF,n�o� p� TO THE BOARD OF APPEALS coMMUNtTY uEv i n}5McplT The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: Address: 186-192 Marlborough Road Zoning District: R-1 An application is being submitted to the Board of Appeal for the following reason(s): This statement must describe what you propose to build,the dimensions,the zone property is in,and the zoning requirements. (Example:I am proposing to construct a 10'X 10'one story addition to my home located a 3 Salem Lane, in the R-2 Zoning District. The Zoning Ordinance requires the minimum depth of the rear yard to be 30 feet. The current depth of my rear yard is 32 feet, the proposed addition would reduce the depth of the rear yard to 22 feet) Proposal is to create three (3) lots out of an existing lot which contains three (3) residential structures. The existing structure on Lot 1 is used as a one family. The existing structure on Lot 3 is used as a non- conforming two family. The existing one family structure on Lot 2 will be demolished and reconstructed for one family use. Dimensional variances are required for frontage and width for all lots and a variance for area per dwelling unit is required for the existing non-conforming building on Lot 3. For this reason I am requesting: ( X )Variance(s)from provisions of Section 4.0 of the Zoning Ordinance,specifically from minimum lot frontage and width as to all lots and minimum lot area per dwelling unit for Lot 3 (i.e. minimum depth ofrear yard). What is allowed is 100 ft and 15.000 sq ft (ft?sq ft?stories?%?), and what I am proposing is 50 ft frontage/10,458 sq ft and 56.20 ft,40.09 ft and 53.71 ft widths (ft?sgft?stories? %?). ( )A Special Permit under Section of the Zoning Ordinance in order to ( )Appeal of the Decision of the Building Inspector(described below): ( Permit for construction of low or moderate income housing describe below)Comprehensive g( :) Current Property Use: One Family and Two Family Homes Are Lot Dimensions Included? (X) Yes O No Why? (Example:Two Family Home) The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and allow the project to be constructed as per the plans submitted, as the enforcement of said Zoning By-Laws would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially derogating from the intent and purpose of the Zoning Ordinance. i CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS PETITION FORM The following written statement has been submitted with this application: ( X ) For all Variance requests a written Statement of Hardship demonstrating the following must be attached: a) Special conditions and circumstances that especially affect the land,building,or structure involved,generally not affecting other lands,buildings,and structures in the same district; b) Literal enforcement of the provisions of the Ordinance would involve substantial hardship to the applicant;and 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 or the purpose of the ordinance. ( ) For all Special Permit requests a Statement of Grounds must be attached. An application for a special permit for a nonconforming use or structure shall include a statement demonstrating how the proposed change shall not be substantially more detrimental than the existing nonconforming use to the neighborhood in accordance with Section 9.4 Special Permits. Such a statement should include reference to the following criteria: a) Social,economic, or community needs served by the proposal; b) Traffic flow and safety,including parking and loading; c) Adequacy of utilities and other public services; d) Impacts on the natural environment, including drainage; e) Neighborhood character;and f) Potential fiscal impact, including impact on City tax base and employment. ( ) For all Comprehensive Permits for construction of low or moderate income applicants should refer to M.G.L. Ch.40B §20-23. Previous application to the Board of Appeals involving this property have been submitted with this petition form. The Building Commissioner can provide documentation ofprevious application to the petitioner or his representative. If different from petitioner: Petitioner: Matthew Gagnon,Trustee and Property Owner: Hearie Realty Trust, Marie Gagnon, Trustee Marie Gagnon, Trustee of Henrie Realty Trust Matthew Gagnon,Trustee Address: P.0Box 431 Tops f�ie I d _ MA Address: P.O.Box 431,Topsfield.A 01983 Telephone: Telephone: Email: Email: Signature Signature: (Attached consent!e o acceptable) Date: Date: November 23. 015 If different from petitioner: Representative: Attv George W. Atkins III A TRUE Address: 59 Federal Street, Salem, MA 01970 ATTEST Telephone: 978-744.-0350 X107 , Signature:-' Dater :-N1ivember 23, 2015 CITY CLERK DATE DPCD DATE This original application must be filed with the City Clerk. 4 VARIANCE STATEMENT The existing single lot contains three existing residential dwellings and is entitled to a division under the Subdivision Control Act by an approval not required plan. The existing lot and the divided lots are irregular in shape. A large portion of the existing lot and divided lots contain wet soil resulting in part from a municipal storm water drainage system and in part from the topography of the lot which is lower than surrounding properties. These conditions make use of a large portion of the lot impractical and the conditions are unique to this lot which is surrounded by existing residential lots and structures. The availability of a three lot division in accordance with the Subdivision Control Act coupled with the shape and soil conditions create a substantial hardship if the property cannot be reasonably used in the manner which the zoning ordinance allows—namely residential lots. The minor dimensional variances requested do not change the character of the zoning district or endanger nearby properties with an inconsistent use and thus even relatively minor hardship justifies a variance. The modest dimensional variances requested and the fact that there is no change of existing uses similar to the surrounding residential neighborhood satisfies the requirement that there will be no substantial derogation of the intent of the zoning ordinance to preserve the homogenity of the residential neighborhood. 0 ak< e > � SHIPLOOSE VINYL SIDING $ " doa PANELIZED ROOF w ; N � A FULL RIDGE VENT x � _ 0 < o 12 o w N . a x 12 a _ 0 es o 9 as No e 8._8. 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BK. 5958 PG. 79 792 194 MARLBOROUGH FRONITAGE 100 50.00' 50.00' 50.00' ice, S 40'04'15" E _ �� X54, LOT 1 `� LOT WWWDTH 100 56.68' ' � 23.51' � DWELLING h' 30.82 62.49 #190 FRONIT 15 15.4' 104'± 12.0' ib SHED SIDE 10 10.2' ,± 5.5, 15 _XT \ yh° ; 9. o REAR 30 46.9' 126'± 355'± LOCUS MAP e o� P �% I �9�• 3 EXISTINIG AND PROPOSED BUILDING HEIGHTS ARE.BELOW THE MAXIMUM ALLOWED AT 35'. �' /"� p° `` °RR°P°Seo``` o EXISTINIG AND PROPOSED LOT COVERAGES ARE BELOW THE MAXIMUM ALLOWED OF 30% SCALE 1" = 500'± 41. N 58'46'39" E 13.94. wq ; r MAP 10 LOT 29 Z. ROGER LEBLANC LOIS LEBLANC 6 SUTTON TER. in REC. BK. 24879 PG. 272 0 / ARRA°Sf ```�\ ` i MAP 10 LOT 28 DONNA FAMILY TRUST ate, � � �` S 65�. 8 SUTTON TER. `19 239?�3.F wOO REC. BK. 15722 PG. 77 401E `�9 \ F PROPOSED MAP 10 LOT 27 /1q DWELLING �` �� �` 9 DWELLJNG HOWARD 2013 FAMILY TRUST #186 .` �� ,- `` ek, #188 PHILIP HOWARD & 9' t° bt. $ SHIRLEY HOWARD, TRUSTEES PLANNING BOARD APPROVAL UNDER Z. y EA e 6�t sS� 10 SUTTON TER. THE SUBDIVISION CONTROL LAW NOT REQUIRED v N of "o REC. BK. 32880 PG. 242 +� hI MAP 10 LOT 26 SALEM PLANNING BOARD h : LOT 2 WILLIAM HOWARD LIP HOWARD 43o° m y AREA = 121SUTT0)N TER. ho' 73350 151,305 f S.F. REC. BK. 6108 PG. 237 MAP 10 LOT 33 PIN IN WILLIAM MAILO "°°y + STONE 184 MARLBOROUGH RD. fence BOUND REC. BK. 10044 PG. 386 FOUND S r?B* 3 LOT 1 \� / s s 2. �hAREA .- 16t596 REA 16,596 f S.F. s s4\ SO Do 24F THEABOVE CONFORMANCE WITH ZONINGORE ULAT A � NATIONONS OF Ci h po hhp. 2 LOT 3 AREA = 251788 f S.F. S 772728. N 140.78 f 0 MAP 10 LOT 35 HUGH FORREST NOTES: DAWN FORREST 18 ROCKDALE AVE. REC. BK. 10992 PG. 498 1. LOCUS IS SHOWN AS LOT 32 ON ASSESSOR'S MAP 10. PL BK. 268 PL 65 2. DEED REFERENCE: RECORD BOOK 15352 PAGE 315. N ss 6532, LOT JO N1D0 AHUEO 45SCA CALUMET ST.ANA E VL a REC. BK. 33372 PG. 531 PL BK. 305 PL 20 fro h MAP 10 LOT 36 SYDNEY FARBER 16 ROCKDALE AVE. REC. BK. 14199 PG. 159 FOR REGISTRY USE ONLY PL BK. 268 PL 65 PLAN OF LAND 1596 ��pySH OF d{,gss _ 3 °� "cti 186-190 MARLBOROUGH ROAD GAIL L. N _ � SALEM o 0 sMITH N X06 y PROPERTY OF MAP 10 LOT 37 sRF�/STERE° IRON DAVID WINTERwHENRIE REALTY TRUST ROD h CHERYL WINTER FOUND 118 14 ROCKDALE AVE. MARIE GAGNON & Roc " 'S °,, w P�BK. 212ssL 28 506 MATTHEW GrAGNON, TRUSTEES I CERTIFY TH/AT THIS PLAN CONFORMS TO THE KOry SCALE 1" = 20' NOVEMBER 18, 2015 RULES AND R?EULATIONS OF THE REGISTERS OF DEEDS. i'1lE GRAPHIC SCALE /w 20 C 10 m +O eo NORTH SHORE SURVEY CORPORATION E IRON69 r4 14 BROWN STREET - SALEM, MA DATE REGISTERED PROFESSIONAL LAND SURVEYOR ROD 9784-744-4800 FOUND IN FEET 1 4100 1 inch Q 20 fL # Q ZONING DISTRICT — RESIDENCE 1 Ay„4 VSs / REQUIRED LOT 1 LOT 2 : LOT 3 O S 65� MAP 10 LOT 31 LOT AREA 15,000 16,596 t 15,305 ± 25, LOT AREA 788 t /• boars HENRY BERNARD /y o 294 LORRAINE BERNARD30,000 25,788 N er dweNlin unit 0000 194 MARLBOROUGH RD. REC. BK. 5958 PG. '792 FRONTAGE 100 50.00' 50.00' 50.00' S 40.04'15" E '� LOT 1 LOT WADTH 100 56.68' 30.82' 62 49' 23.51' �. DWELLING ,� h , #190 FRONT 15 15.4' y � 104'1 ' 12.0' SHED � SIDE 10 10.2' 15'1 5.5' ham° % /� s' REAR 30 46.9' 126'± 355'1 f� '� ' ' ' 3° LOCUS MAP i oco o � /' ;' ,� J X93 �3 EXISTING AND PROPOSED BUILDING HEIGHTS ARE"BELOW THE MAXIMUM ALLOWED AT 35'. Ivi`� �e°gY0 ss9 o ..p EXISTIN(G AND PROPOSED LOT COVERAGES ARE BELOW THE MAXIMUM ALLOWED OF 30� SCALE 1" = 500'± / I N 51$'46'39' E `dbAR i 13.94' ,�W Ri�wD i �A MAP 10 LOT 29 ROGER LEBLANC 601S LEBLANC SUTTON TER. REC. BK. 24879 PG. 272 MAP 10 LOT 28 DONNA FAMILY TRUST Ipcbpo 8 SUTTON TER. REC. BK. 15722 PG. 77 p 4o �v` O, a y 928 f ° _ \., �� \ 1A � PROPOSED ce MAP 10 LOT 27 Alti DWELLING �` ��' �` e ; " DWEWNG HOWARD 2013 FAMILY TRUST #186 �\` ��\ 9; ` exs #188 PHILIP HOWARD & \ - N t0 b, 6 S 6 SHIRLEY HOWARD, TRUSTEES PLANNING BOARD APPROVAL UNDER •o a ore 70 //7g `S79 10 SUTTON TER. THE SUBDIVISION CONTROL LAW NOT REQUIRED ` N f �P 2Sp 043'f REC. BK. 32880 PG. 242 a h �� Lo,T 2 MAP 10 L(OT 26 SALEM PLANNING BOARD HOWARDWILLIAM h o m AREA = PHILIP HOWARD h o O' 15„305 f S.F. 12 SUTTON TER. N `O SREC. BK. 6108 PG. 237 MAP 10 LOT 33 PIN IN WILLIAM MAILO wODy + STONE 184 MARLBOROUGH RD. fPn°e BOUND REC. BK. 10044 PG. 386 FOUND i / S sS3 ��� s' LOT 1 AREA—= 16,596 f S.F. s 6449 _ SO p 02'F THE ABOVE ENDORSEMENT IS NOT A DETERMINATION oQ' OF CONFORMANCE WITH ZONING REGULATIONS tp 00 N hp 1 i LOT 3 AREA = 25v788 f 'S.F. 3 cdh� S77 2 ” tiro 140.j3 E 0 i MAP 10 LOT 35 HUGH FORREST NOTES: DAWN FORREST 18 ROCKDALE AVE. REC. BK. 10992 PG.65 498 1. LOCUS IS SHOWN AS LOT 32 ON ASSESSOR'S MAP 10. PL BK. 268 PL 65 i 2. DEED REFERENCE: RECORD BOOK 15352 PAGE 315. MAP 10 LOT 240 N 6S3S32• JOHN AO ROSADONAHUE �29 W 45 CALUMET ST. �d �* REC. BK. 33372 PG. 531 oirOr� PL BK. 305 PL. 20 ry0 0 MAP 10 LOT 36 SYDNEY FARBER 16 ROCKDALE AVE. REC. BK. 14199 PG. 159 FOR REGISTRY USE ONLY PL BK. 268 PL. 65 3 �s96 'IH°FMgSS9°y 186-190�MARLBOROUGHIOD GROAD F GAIL L. N o sm" SALEM NO-35N3 m PROPERTY OF • MAP 10 LOT 37 HENRIE REALTY TRUST IRON ^� DAVID WINTER ss,� ROD �i CHERYL WIINTER LAND FOUND 14 ROCKDALE AVE. MARIE GAGNON & i I CERTIFY THA1T THIS PLAN CONFORMS TO THE N X502 1 w 0. PL BK. 10992 29 PL 28. 506 MATTHEW GAGNON� TRUSTEES RULES AND REGULATIONS OF THE REGISTERS OF DEEDS. R� CnDALE GRAPHIC SCALE SCALE 1" = 20' NOVEMBER 18, 2015 A VEN s0 0 �o w 'O 14 BROWN S1fR — IRON DATE REGISTERED PROFESSIONAL LAND SURVEYOR E NORTH SHORE SURVEY SALEM, OUND 1x I= 978-744-4800 1 inch = 20 ft #4100 i