28-30 OSGOOD STREET - ZBA LISA GALLAGHER
28-30 OSGOOD STREET '('R-2)
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DECISION ON THE PETITION OF LISA GALLAGHER FOR A VARIANCE
FOR THE PROPERTY LOCATED AT 28-30 OSGOOD STREET (R-2)
A hearing on this petition was held April 19, 1995 with the following Board
members present: Stephen Touchette, Chairman; Gary Barrette, Albert Hill,
Nina Cohen and Arthur LaBrecque. 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 Lisa Gallagher, owner of the property at 18-22 Osgood Street is
requesting a Variance to enable Linda Austin of 28-30 Osgood Street to sell
a portion of her land which falls behind the Gallagher property at 18-22
Osgood Street. The property is located in an R-2 District.
The relief 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 refuel 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. There was no opposition to the proposed request.
2. Neighbors of the petition and abutters to the subject property appeared
in support of the petition including Bruce Carito, 22 Osgood Street.
3. A letter in support of the petition was submitted by Counsillor Kevin
Harvey.
4. Joan Grenier, sister of Lisa Austin, spoke in favor of the petition,
stating that the large lot owner by her sister had become a burden for
her sister to take care of.
5. The portion of the lot the petitioner would like to acquire is a
portion of a large landlocked piece of land which sits directly behind
the 22 Osgood Street 'locus.
6. Subsequent to the subdivision of the land, Linda Austin will retain a
substantial piece of property.
DECISION OF LISA GALLAGHER REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 28-30 OSGOOD STREET. (R-2)
page two y 1` 31
On the basis of the above findings of fact, and on HA� evidence'p, ented
at the hearings, the Board of Appeal concludes as foj.l:owst,;`;-;
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. The request 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.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
requested relief, 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 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 approval from any City Board or Commission
having jurisdiction including, but not limited to, the Planning Board.
Variance Granted
April 19, 1995
C'ou /T/.
Gary M. Barrett
Board of Appeal, Member
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
DATE OF HEARING
OCATIOAI
COTiCAi: TO GRANT C/ ECOND AMENDMENT SECOND
TO DENY SECOND
j I
TO RE-HEAR SECOND
WITHDRAW SECOND
I
CONTINUE SECOND
ROLL CALL PRESENT GRANT DENY AMEND WITHDRAW RE=HEAR CONTINUE
GARY M. BARRETT
ALBERT C. HILL
STEPHEN O'GRADY
STEPHEN TOUCHETTE
;INA V. COHEN—
SSOCIATE IME*BERS
ARTHUR LEBRECQUE
;OSEPH J. YWUC
CONDITIONS: (�\�
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(tutu of*81em, massnr4usetts
ra Y (Office of the Tttu Touncil
4 (1ltu liall
COUNCILLORS-AT-LARGE SARAH M. HAYES WARD COUNCILLORS
PRESIDENT
DEBORAH E.BURKINSHAW 1995
1995 CIN CLERK GEORGEA.AHMED
WILLIAM RUSSELL BURNS,JR. KEVIN R.HARVEY
GEORGE P.McCABE JOHNJ.DONAHUE
JANE STIRGWOLT LEONARD F.O'LEARY
STANLEY J.USOVICZ,JR. DAVID B.GAUDREAULT
SARAH M.HAYES
MARK E.BLAiR
April 19, 1995
Mr. Stephen Touchette, Chairman
Board of Appeal
City of Salem
Salem, MA 01970
Dear Mr. Touchette & members of the Board:
I would like to be recorded as being in favor of a
variance at 18-22 Osgood Street. The land owned by Linda
Austin serves no useful purpose for her, but would greatly
enhance the abutters, Mr. & Mrs . Gallagher, and Mr. & Mrs .
Carito, who reside at 22 Osgood Street.
This simple appeal would make two families that live
so close together very happy, and I believe it is a common
sense approach to this small portion of land.
Sincerely,
KEVIN R. HARVEY
COUNCILLOR WARD TWO
APPEAL CASE NO. .
of 'Salem, 'fflassadjuse#ts
Pourb of '�Fpeal
TO THE BOARD OF APPEAL:
The Undersigned represent that he/she is/are the owners of a certain parcel of land
-30
located at:. , 28.. . Osgood Street ... .,Street; Zoning District... .R2. .. .. . .. ...... ;
and said parcel is affected by Section(s). . . .. .-.-.-. .. . . .. . ... ... of the Massachusetts
State Building Code.
Plans describing the work proposed have been submitted to the Inspector of Buildings
in accordance with Section I% A.1 of the Zoning Ordinance.
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The Application for Permit was denied by the Inspector of Buildings for the following
reason(s):
Direct Appeal
The Undersigned hereby petitions the Board of Appeal to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed, as the enforcement of said
Zoning By-Laws and Building Code 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 and Building Code for the follow-
ing reasons:
I an applying fora variance so I can sell a portion of my land that falls
directly behind i18-22 Osgood Street. My hardship here is that the portion of land that I
have described above is not accessible nor is it useable to me as it is quite
a distance away from my door which limits my useage. I have an abutter that
is interested in purchasing this piece to extend their backyard. The abutters
are Mr. and Mrs. Kim Richard Gallaqher and Mr. and Mrs. Bruce Carito who own and
reside at 22 Osgood Street.
I would ask that you would grant me consideration and grant me this variance.
Thank you!
The square footage on the piece of land described is 2,956
Owner.. Linda Austin
Address. Salenj,_ Jam .
Telephone. . 744-2803
.. . .. .. .. .. . . . . .. .. . . .. . .
Lisa Gallaqher
Petitioner....... ....... .. ... ... .. .. ... .
Address. 22 Osgood Street, Salm
Date. .. .... ... .��. ...g� Telepho e. _.44-5711 ._ ...
B4MJ..JX. L �LL9-4..4.. . ...
Three copies of the application must be filed with the Secretary of the Board of Appeal
with a check, for advertising in the amount of $... . .... .... . four weeks prior to the
meeting of the Board of Appeal, Check payable to the Salem Evening News.
YC
NO. . . . . . . . . . . . . . : . . . .
't PETITION TO BOARD OF APPEALS
LOCATION c ' '
Petitioner. . . . . . . . . . . . . . . . .
_. Address. . . . . . . . . . . . . . . . . . . .
CONDITIONS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PETITION APPROVED. . . . . . . . . . . . . ( )
DENIED. . . . . . . . . . . . . ( )
Date: . . . . . . . . . . . . . . . . . . . 19
i
� 03-31-95:15:21:46.48932-LAPR
= CITY OF SALEM
BOARD OF APPEAL -
745.9595 Ext. 381
Will hold a public hearing for all persons inter-
ested in the petition submitted by LISA
GALLAGHER requesting a Variance from lot area
to allow sate of partial lot for the property located
�: . at 28.30 OSGOOD.STREET (R-2). Said hearing
to be held WEDNESDAY,APRIL 19,1995 AT 6:00
P.M.,ONE SALEM GREEN, second floor. .
j, STEPHEN TOUCHETTE, Chairman
i April 5, 12, 1995 SN48932 -
GEORG/LAK/S R .TQ -
I
CZARIVE CK ! /
BOOK /0322, PG. 5PO-660
COR. CONC, BORDER qR
BOOK 6684, Pte+.560
40. 00SAUVAGEAUCLIFFORD L . �BOOK 7750 PG. 569PPARCEr yr
^' M 29 S6!-S N50 -39 -I6E —� 86 SO �oti��T tiRoAST �J
HO x6`77
g 2 X2 STY. WO.
�Sr
REG/STRY USE , o LOT A o W LOCUS MAP / = 200
� � 3539 t S•F• a
NOTE : ' 8783
O ' 33. 98 - � �
LOT 'B To BECOME MORE V) N , S 50-39-5/ W
NON- CONFORM/NG TO THE `�
ZONING BY-LAWS, THEREFORE m " BRIAN R. CALL NOTE:
A VARIANCE FOR AREA REQUIREMENT ` 0 q /) THIS PLAN REPRESENTS A RED/VIS/ON OF THE
MUST SE GRANTED BY THE CITY OF J O �\ LAND IDENTIFIED AS LOT 284 ON ASSESSORS MAP
SALEM BOARD OF APPEALS BEFORE ° DENNIS A . DA /LEY a 0 36 AND IS CURRENTLY OWiVED BY LINDA L. AUST/N
SUS44ISSION OF T///S PLAN TO THE BOOK /2224 PG. S// 4 � 2 LOT lA "IS T/
/DENF/EO E
AS LOT286 ONASSSSORS
PLANNING BOARD . Q D /MAP 36 AND /S CURRENTLY OWNED BY IC/M R. E,
� LISA M. GALLAGHER AND BRUCE S. 1� BRENDA A.
NSD - 40 - 26E 86.50
(n CAR/To.
HO #30 NO2B 3)PARCEL 'lC~IS TO BE COMBINED WITH Asurrwa
2 STY. wo• STY. WD. W
LAND SHOWN HEREON AS LOT A TO FORM
V ONE CONT/GUOUS LOT OF 6, 495 t S. P.
co 4) PARCEL "C "IS NOT TD BE CONSIDERED A
QSEPARATE BUILDABLE LOT.
LOT B AREA = /0 902'`s.F PLAN REFERENCES :
pESgNT�s L 85. 00 Q /� PLA/ 1BOOK 236 , PLAN 34
U ss - -
JOHN FPA 2 /8 /4 W 2) PLAN BOOK //O, PLAN 77
B'00K 4168 PG• Q 3) PLAN * 737 OF /955
' a `� EL/ZABETHA. HART 4) PLAN OF PROPOSED W/DEN/NCr AND
41 < O EXTENSION OF COLLINS STREET W/TH
p BOOK 793/ PG. /94 O TAK/Nv, JAN. 4 /9/3 ON FILE
� � W
DEED REFERENCES :
d N /) BOOK B2S8 PAGE BE (AUSTIN)
l � 2),800/<2),800/<O 2� OO /I3S4 PAGE 8 (GALLAGEHR/CAR/TO)
< C O
Q ELEANOR R. TRACY
APPROVAL UNDER, SUBDIVISION W BOOK 44361 PG. 30
CONTROL LAW NOT REQU/REDQ 40
COR. CONG. PLAN of LAND
BORDER //V
1
.20.50 -� 84.78 SALEM
PREPARED I✓'OR
cTRE�� LINDA L . AUST/N
INS S PREPARED BY
COASTAL SURVEY
M PLANN/NG BOARS J
SALE EA S� etH�F MP3��
DATE : F MICHAEL sT /30 CENTRE ST. DANVERS, MA55 .
g eo°vio SCALE / 20 ' MARCH 2S /995
No.34609„
FEW ILI
/ HEREBY CERT/FY THAT TH/S PLAN CONFORMS �SURVE��P TEL . 508 774 - 9450
TO THE RULES AND REGULAT/ONS OF THE
REG/STERS OF DEEDS. PROFESSIONAL LAND SURVEYOR -
O 20 40 60 80 FT.
DATE
': gin. •' %: �. : �
tT. N. 5 Z3S
7
GEORG/LAK/S R.T CZARNECK l COR. CONC. Ba .Djme
BOOK /0322 , PG. S90 BOOK 8684, PO-560 cti
ST
0
40. 00
,4Nr�Rs Sr.
V
o
h SAUVAGEAU,
h CLIFFORD L .
BOOK 7750, PG. 569
o
PARCEL �Co oo �� yRop of
co f O CA/ SO — y 86.50 _ � 9� T �� 3r G
0 29s6- sF o ST D
03 HO 10'-.22 eF,�
y� 2 X2 STY. WD .
Q � I
REOIS7-RY USE , LOT A a Lill
LOCUS MAP If = 200 '
3539 t S•I=• LEJW
NOTE : o ' 33. 98 - ! 8783 _ 1
LOT B TO BECOME MORE V) N S 50-39-5/ W S 50 - 39 - 5/ W r
NON- CONFORMING TO THE
LON/NG BYLAWS, THR
EEFORE Q > m " SR/AN R. CALL (1) TE"
A VARIANCE FOR AREA REQUIREMENT ` ZZO o q /) TN/S PLAN REPRESENTS ABED/V/S/ON OR THE
MUST BE GRANTED BY THE C/rY OF �
nJ \ LAND /DENT/PIED AS LOT 284 ON ASSESSORS MAP
SALEM ,BOARD OF ARPEALS BEFORE y oo DENN/S A . DA /LEY a 0 .� 36 AND /S CURR&WLY OWNED BY LINDA L. AUST/N
SUBMISSION OF. 77//S PLAN TO THE d BOOK /Z224, PG. 5// 0 2)LOT A %S IDENT/F/ED AS LOT,286 ONASSESSORS
PLANK/NG BOARD . Q O MAP 36 AND /S CURRENTLY OWNED BY iK/M R. 9,
mI _ N 56 - 40 - 26 E �86:SO LISA M. GALLAGHER AND BRUCE S. BRENDA A.
tf) CAR/TO.
HO X30 HSTY? WD. 3) PARCEL "C~IS TO BE COMB/NEO WITH ABUTT/NG
LAND SHOWN HEREON AS LOT A TO FORM
2 S7-y ;�D�
V ONE CONTIGUOUS LOT OF 6, 495 t S. P.
CO 4) PARCEL "C "IS NOT TU BE CONS/DERED A
Q 0 Q SEPARATE BUILDABLE LOT,
h� LOT B AREA = 10, 902-S.F. a PLAN REFERENCES
E C ANTI S 85. 00 Q /� PLAN BOOK 236 , PLAN 34
D NN pgUL 5 52 /8- /4 W �� 2) PLAN ,BOOK //O, PLAN 77
B00K4168 p0. 18� O 3) PLAN # 737 OF /955
EL/ZABETHA. DART 4) PLAN OF PROPOSED WIDENING AND
` O EXTENSION OF COLLINS STREET WIT/I
a BOOK 793; PG. /94 O TAKINb, JAN. 4 /913 ON FILE.
W DEED REFERENCES :
kn v /) BOOK 8258 PAGE BE (AUSTIN)
((/n1 N `0
p 2) BOOK //3S4 PAGE 8 (GALLAGHERl CARITO)
Q14, ELEANOR R. TRACY
APPROVAL U/VDE2 SUBDIVISION �(
CONTROL LAW NOT REQUIRED
QBOOK
4436, PG. 30 PLAN or- LAND
M COR. CONC.
`V BORDER - 1N
�0.50 - 84.78
to SALEM
¢5 w PREPARED FOR
L /NDA L . AUST/N
S ST PREPARED BYL
OLL �N COASTASURVEY
SALEM PLANNING BOARD S-r C �P�SH0f M�_
EA o� MICHAEL csc /30 CE/VTfZE ST. DANVERS MA55 .
DATE : 0 ° SCALE / "= 20 ' MARCH 2-T /995
BOVIO ,�
No.34609
TEL . 508 774 - 9450
I HEREBY CERT/FY THAT THIS PLAN CONFORMS / NOSuRvE"o
TO THE RULES ANO REGULAT/ONS OF THE PROFESSIONAL LANA SURVEYOR
REGISTERS OF DEEDS. O 20 40 60 80 FT.
DATE . ?.
J. N. 5-236