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31-33 OSGOOD STREET - ZBA 31-33 OSGOOD STREET GERALDINE M. AYERS Q I <y) � ' V Citp of 6aiem, ;01a!5garbugett2; , "A Woarb of peal , r r ic� z_ 40 DECISION OF THE PETITION OF GERALDINE M. AYERS REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 31-33 OSGOOD STREET R-2 A hearing on this petition was held September 20, 2000 with the following Board Members present: Nina Cohen, Chairman, Richard Dionne, Stephen Buczko, Stephen Harris and Paul Valaskagis. 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 Variances from lot area, lot coverage, parking, front, side and rear setback regulations to allow a division of land for the property located at 31-33 Osgood Street R-2. 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 Henry Lucas Esq. 133 Washington Street represented the petitioner. 2. The petitioner seeks variances to allow the division of the property located at 31-33 Osgood Street. 3. Lot 1 requires Variances for Lot area- 5498 s.f. proposed Lot width— 15 ft. proposed Side setback 9.8 ft. proposed Rear setback—22.ft Parking Variance 4. Lot 2 requires Variances for Lot area—3425 s.f. Lot width —47.97 ft. Front setback—5.9 ft. DECISION OF THE PETITION OF GERALDINE M. AYERS REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 31-33 OSGOOD STREET R-2 page two Side setback 3.6 ft. Rear setback 22.0 ft. Parking requirements 4. There was no opposition to the proposed petition. 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 5-0, to grant the Variances requested, subject to the following conditions; 1. Petitioner shall comply with all city and state stature ordinances, codes and codes regulations. 2. Petitioner shall obtain approval from any City Board or Commission having jurisdiction including, but not limited to the Planning Board. Variance Granted '/ " 171 September 20, 2000 Stephen Harris, Member Board of Appeals a DECISION OF THE PETITION OF GERALDINE M. AYERS REQUESTING VARIANCES FOR THE PROPERTY 31-33 OSGOOD STREET R-2 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. DATE OF HEARING q_� 096 PETITIONER 'l 4E LOCATION MOTION: TO GRANT SECOND AMENDMENT SECOND TO DENT' SECOND TO RE-HEAR SECOND WITHDRAW SECOND CONTINUE SECOND I ROLL CALL PRESENT GRANT DENY AMEND WITHDRAW RE-HEAR CONTINU Q� NINA V. COHEN— Stepben Harris STEPHEN BUCZKO RICHARD DIONNE d/ ASSOCIATE MEMBERS PAUL VALASKATGIS A CONDITIONS: i' ✓IE — - C ' I I _`I i, I`A CITY OF SALEM, MASSACHUSETTS iJ;NICE �coNWT BOARD OF APPEAL 1G(0 11G It, P 2: 20 = �3 TO THE BOARD OF APPEAL: The Undersigned represent that they are the owner(R) of a certain parcel of land located at: 11- neo a Street; Zoning District R-2 Rt f3tf13U —This '.L. a direct appeal. Petitioner seeks Variance from the density and dimensional —y requiremenst of the Zoning Ordinance in order to allow the division of the land currently containing two (2) separate residential structures into two (2) lots. The Undersigned hereby petitions the Board of Appeal to vary the terms of the Salem Zoning Ordinance mit 19i$ 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 KKd21ZA1YTJMW6 for the following reasons: (SEE CONTINUATION SHEET ATTACHED HERETO) . (PLEASE PRINT) Attorney for Owner: /Petitioner: Geraldine M. Ayers Petitioner: Henry A. Lucas, Jr. Address: 31 Osgood Street Salem Address: 133 14ashineton Street. Tel. No. (978) 745-0276 Tel.No. 7 0862 By: (Sig e) Date: A ust 16, 2000 Id This original application must be filed with the City Clerk. A certified copy of this petition will be returned to petitioner at the time of filing with the City Clerk, to then be filed with the Secretary of the Board of Appeal , four weeks prior to the meeting of the Board of Appeal, along with a check for advertising in the amount of $ made payable to the"Salem Evening News". , s A TRUE COPY r,z z C, ATTEST: 30 CITY CLERK l- L MA' r 1Ct CONTINUATION SHEET TO PETITION OF GERALDINE M. AYERS luso I P Z: c0 The Petitioner seeks relief from lot area, lot width, lot coverage, parking, front, side, and rear setback regulations to allow a division of the land as shown on the plan submitted. The requested relief will have no impact on the neighborhood insofar as no change in use nor change in configuration in the existing buildings is requested. A prior Variance allowing the construction of the single family home shown as Lot 1 on the plan was granted on October 7, 1987. Sof Et gR10GE � Tye ZONING DISTRICT — R-2 p REQUIRED PROPOSED LOT 1 PROPOSED LOT 2 LOT AREA 15,000 S.F. 5498 S.F. 3425 S.F. C" SZREES LOT WIDTH 100 FT 15.00 FT 47.97 FT Go uNs LOT COVERAGE 35% (MAX) 29 % 33 % FRONT SETBACK 15 FT 16.4 FT 5.9 FT SIDE SETBACK 10 FT 9.8 FT 3.6 FT I REAR SETBACK 30 FT 22.0 FT 22.0 FT COLLINS COVE LOCUS MAP _ SCALE 1" = 400' ,aa Cl ROBERT F. & IRENE B. CONNELL f 8 EAST COLLINS STREET REC. BK. 7256 PG. 2 �O• WILLIAM G. & JOANNE B. PERREAULT 14 PLANTER STREET REC. BK. 6243 PG. 318 S61'22'2.5"E 63.14' i LOT 1 AREA = 5498 f S.F. LINDA S. O'BRIEN N 10 EAST COLLINS STREET REC. BK. 6461 PG. 373 DECK 9.8' 10.7' NOTES: 4.9' eo 1. LOCUS IS SHOWN AS LOT 265 ON ASSESSOR'S MAP 36. 2. DEED REFERENCE — RECORD BOOK 4001 PAGE 545. o PLAN REFERENCE — PLAN BOOK 236 PLAN 34. / 00 0 5.2' #31 RITCHIE J. BABNON 10 5' / r/ �%f �� r� 10.1' 12 EAST COLLINS STREET REC. BK. 12848 PG. 439 PLAN 71/1928 N W ti M : Cr propos ramp I IRON IRON SOD ALAN CHANES w emoved SET M r47.87' N551�6 03"W NEW PROPERTY LINE 11' / 25 OSGOOD STREET7.5.00" : REC. BK. 14725 PG. 273 �0 1 i' 15,30If PL. BK. 236 PL. 34 LOT 2 M — Z _ � AREA t 3425 S.F. l 2.3' o 5. N N I-E I . o EASEMENT 9:. : { . i i PORCH o i' I e uj 4.0' r r :. .. L. N ^M .:� ....G . rn. w:'z Iz / DONALDJ. LAURA J. LAURANZANO 35' ,. . :..�• '., ,.: .� •:..:. .. ... / j REET 1.3' yarREC. BK. 12425 PG. 8 kinq to le' .. :.,�:..,_•'. '".. > , / / PLAN 71/1928 parking surface 1'2. • C / r,, will be setback 2' L. PLANNING BOARD APPROVAL UNDER ; :; ''`` .• '••,:, ;.ei : j a 33 DIVISION CONTROL LAW NOT RE # THE SUB REQUIRED Q :. .�.'.. :: . . SALEM PLANNING BOARD :' a. �' ti 16.'307 _.: 7l �' cO N55'11'57"W 48.00' N55'11'57"W NAIL IN RAILROAD TREE SPIKE IRON SET SET ROD SET OSOOOD (PUBLIC — 40' WIDE) STREET FOR REGISTRY USE ONLY GAI cy% PLAN OF LAND SMITH y No.35043 31 & 33 OSGOODSTREET s 9� RFC./STE "At LA SALEM SJP j PROPERTY OF I CERTIFY THAT THIS PLAN CONFORMS TO THE GERALDINE Me AYE— RS RULES AND REGULATIONS OF THE REGISTERS OF DEEDS. GRAPHIC SCALE SCALE 1" = 10' MARCH 10, 2000 10 o z to 20 ao NORTH SHORE SURVEY CORPORATION 3 �d OUC",�f ���.,,,•,�'�/ - 7.7...�77 47 LINDEN STREET — SALEM, MA DATE REGISTERED PROFESSIONAL LAND SURVEYOR ( IN FEET ) #1588 1 inch = 10 ft.