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17 PATTON ROAD - ZBA iQ 17 PATTON ROAD _ CITY OF SALEM9 MASSACHUSETTS BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR n SALEM, MASSACHUSETTS 01970 c �� t r STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 MAYOR FAX: 978-740-9846 rn �O 1 yw — ®r DECISION OF THE PETITION OFANTHONY CARNEVALE REQUESTING A ca- VARIANCE FOR THE PROPERTY LOCATED AT 17 PATTON ROAD R-1 _ m3 N D A hearing on this petition was held on August 18, 2004 with the following Board O Members present: Nina Cohen, Bonnie Belair, Richard Dionne , Stephen Harris and Edward Moriarty. 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 to seek to vary the.terms of the Zoning Ordinance from the requirement of maintaining a conforming 15,00 sq ft parcel after conveyance of a 24 x 60 portion, more or less of sail parcel located at 17 Patton Road adjacent to 37 Moffatt Road. 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. The petitioner was seeking a Variance to convey a 24 x 60 portion of 17 Patton Road to 37 Moffatt Road. 2. The land is considered by the Petitioner to be unusable to him and that the abutter was already using the land. So to him it makes more sense to convey the land. 3. There was no opposition to this petition. .y DECISION OF THE PETITION OFANTHONY CARNEVALE REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 17 PATTON ROAD R-1 page two 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 obtain approval from any City Boards or Commissions having Jurisdiction including but not limited to the Planning Board. Variance Granted August 18, 2004 Stephen Harris ( S�� Board of Appeal, Member A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CIITY CLERK I 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 iZ) ne 16.4' r. h 10 . `1'3 13' 30 _36.69 53.73 35 I 20 t 20 f 21/2 1 2 ET 6 N q N A ET 40 N A., N A MOFFATT ROAD (PUBLIC 40' ROW) _ _ S87'27'51"W N87'27'51"E N87'27'51"E 130.04' 62.82' ,.B.D.H. FND MAP #22, LOT #130 MAP #31, LOT# 41 N/F N/F 7 FABRICE AND t STY. KEITH AND BONNIE MARIA PAUBLANT ZW.F•D• DUMONT c #37 N. N ' iV N, � o N t�0 m LOT #129 REA =. 6,912 S.F = 0.16 AC' . CAR 16.96' i� 60.00' S86'33'00"W---1 N 59.57' J w 20' DRAIN LOT #199—B it o N• EASEMENT____` 0 V�1__ O AREA = 2,008 S.F, p{?`U — 71.76' uNE = 0.05 AC S86033'00"W' m (TO BE COMBINED EASE WITH LOT #129) SEE NOTE #5 LOT ,199—A 3 MAP.#22. LOT #200" AREA 13;090 S.F. 0.30'AC04 (0s MAP #3 -N/F ANTHONY P. CARNEVALE 17 PATTON ROAD SALEM, MA 01970 June 2, 2004 City of Salem Board of Appeal 120 Washington Street 3'Floor Salem, MA 01970 Dear Board Members: My name is Anthony P. Carnevale. I am the sole owner of the property located at 17 Patton Road, Salem. I authorize Cady Goldfield and her representative, Attorney Jonathan Goldfield,to file a petition for variance and perform all functions necessary for the subdivision and sale of a small portion of 17 Patton Roar{ to Cady Goldfield of 37 Moffat Road, Salem. Sincerely, Anthony P. Carnevale • LEGEND STAT,O RESIDENTIAL DENSITY REGULATIONS © S.B.D.H. STONE BOUND DRILL HOLE N ROAD �c) STONE WALL MOFFgT PROVIDED FND FOUND JSP ROAD z ITEM REQUIRED LOT #129 STY. STORYDFRAME DWELLING �'���PATTON SITE AND #199—B LOT #199—A -p ROAD COMBINED 0 0 MINIMUM LOT AREA SQUARE FEET 15,000 8,413 S.F. 13,597 S.F. > MINIMUM LOT AREA PER DWELLING UNIT SQUARE FEET 15,000 8,413 S.F. 13,597 S.F. MINIMUM LOT WIDTH FEET 100 60 —104�82 Ick( CKMAN ROAD MAXIMUM LOT COVERAGE BY ALL BUILDINGS PERCENT 30 15% 11 % MINIMUM DEPTH OF FRONT YARD FEET 15 17.5' 16.4' MINIMUM WIDTH OF SIDE YARD FEET 10 13' 13' MINIMUM DEPTH OF REAR YARD FEET 30 58.1556.69 60.73 MAXIMUM HEIGHT OF BUILDINGS FEET 35 20'f 20'f LOCUS FOR REGISTRY USE MAXIMUM HEIGHT OF BUILDINGS STORIES 2 1/2 1 2 1 "=400' MAXIMUM HEIGHT OF FENCES BOUNDARY WALLS FEET 6 N A N A MINIMUM DISTANCE BETWEEN BUILDINGS ON LOT FEET 40 N/A N A NOTES. 1 . ZONE DISTRICT: R1 2. OWNERS OF RECORD AT THE TIME OF SUBMISSION OF THIS PLAN ARE: MAP #22, LOT #129 - CADY A. GOLDFIELD. MAP #22, LOT #199 - ANTHONY P_ CARNEVALE. MOFFATT ROAD (PUBLIC 40' ROW) 3. REFERENCE DEEDS: _ S87.27'51"W _ E.S.D.R.D. BOOK 12361, PAGE 110. 130.04 E.S.D.R.D. BOOK 16351 , PAGE 291 . N87.27'51"E N87'27'51"E - 62.82 ` 60.00' 'I l F S.B.D.H. . 4. REFERENCE PLANS: S.B.D.H. FND E.S.D.R.D. BOOK 2585, PAGE 255. E.S.D.R.D. PLAN BOOK 59, PLAN 78. MAP #22, LOT #130 MAP #31, LOT# 41 E.S.D.R.D. PLAN BOOK 335, PLAN 77. N/F N/F E.S.D.R.D. PLAN 326 OF 1964. ' FABRICE AND 1 STY, KEITH AND BONNIE MARIA PAUBLANT ZW.F.D. N DUMONT 1N — #37 N 5. LOT #199—B TO BE CONVEYED TO CADY A. GOLDFIELD. IN v N � Opp NO ( LOT #129 REA = 6,912 S.F. = 0.16 AC GAR 16.96' 1� 60.00'--- " THIS PLAN DOES NOT REQUIRE APPROVAL \N 886'33'00 W Q'! No 59 5T UNDER THE SUBDIVISION CONTROL LAW 0 � I EASEMENT LOT #199—B I� Y_ � k -. Q� 01 - ---------------- - SALEM PLANNING BOARD AREA = 1,501 S.F. S86.33'00"W o = 0.03 AC r4 I (TO BE COMBINED WITH LOT #129) DATE 3 SEE NOTE #5 LOT #199—A z AREA = 13,597 S.F. 00 v MAP #22, LOT #200 = 0.31 AC N ,`�°� MAP #31, LOT #1337 N/F V) N/F CACERES DESCHENES �N O W a'. N� #17W.F.D• 13. .H• 100,0 ." "W S.B.O s�9'15-00 D ' A ON RO P ATS 1C 41' WIDE Zoo.00' �pUgL � 58�H• i i PLAN OF LAND SALEM. MASSACHUSETTS PREPARED FOR "I HEREBY C'IERTIFY THAT THIS PLAN CONFORMS TO THE CADY A. GOLDFIELD n RULES AND REGULATIONS OF THE REGISTERS OF DEEDS 37 MOFFATT ROAD w IN THE COMIMONWEALTH OF MASSACHUSETTS." SALEM, MASSACHUSET75 01970 i w N F �,".• • . DATE. JUNE 29, 2004 13 SCALE.- 17--30' N 0' 15' 30' 60' 90' CD 1/ 6/29/2004 j STEPHEN E. STAPIN KI, R.L.S. DATE MERRIMACK ENGINEERING SERVICES I � 66 PARK STREET ANDOVER, MASSACHUSETTS 01810 a