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is CfrY OF SALEM
er BOARD OF APPEAL
978-745-9596,E#.381
m will hold a public hearing for all per,sons interested in the petition submit-
led by WILLIAM & CAROL KENNEY
ie requesting a Variance from lot size and
rear yard setbacks to construct a sin-
;- gle-family dwelling for property local-
ad at 17 ROCKDALE AVENUE R.I.
1 Said hearing will be held on Wednes.
day'December 15,2004,at 6:30 P.M., I
720 Washington Street,3rd FLOOR,
ROOM 313.
' Nina Cohen,Chairman
1 (12/1,8)
CITY OF SALEM, MASSACHUSETYTg
CITOF SALEM: MA
BOARD OF APPEAL CLERKS ®PEKE
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 I� 21'.
MAYOR FAX: 978-740-9846 1004 GEC 28 P
DECISION ON THE PETITION OF WILLIAM AND CAROL KENNEY
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 17 ROCKDALE
AVENUE R-I
A hearing on this petition was held on December 15, 2004 with the following Board
Members present;Nina Cohen Chairman, Bonnie Belair, Richard Dionne, Edward
Moriarty and Nicholas Helides. 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 a Variance from lot size and rear yard setback of a dwelling
less than 30 feet to construct a single family dwelling for the property at 17 Rockdale
Avenue located in an R-I 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 structures 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 plane, makes the following findings of fact:
1. Petitioners were represented by Attorney William Quinn of 222 Essex Street.
2. The request is from lot size and rear yard setback to create a new lot.
3. The unusual hour-glass shape lot leaves proposed home site remote and virtually
unusable in conjunction with existing dwelling and is difficult to maintain.
4. A petition was submitted with 12 names of abutters in favor of this petition.
5. A letter was sent from City Councillor Leonard O'Leary supporting this petition.
6. There was no opposition to this petition.
y
DECISION OF THE PETITION OF WILLIAM &CAROL KENNEY
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 17
ROCKDALE AVENUE R-1
page two
On the basis of the above findings of fact, and on,the evidence presented the Board
of Appeals finds as follows;
1. Special conditions exist when especially affect the subject property but not he
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 stature, ordinance,codes and
regulations.
2. All construction shall be done as per the 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.
5. Petitioner shall obtain a Certificate of Occupancy.
b L' 6 `Petitioner stiall obtain"proper shreet numbering from the City of Salem Assessors
Office and shall display numbers as to be visible from the street.
7. Petitioner shall observe all blasting and take into consideration the ease on their
neighbors.
Variance Granted )
December 15, 2004
Richard Dionne r
Board of Appeal
DECISION OF THE PETITION OF WILLIAM& CAROL KENNEY REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 17 ROCKDALE AVENUE R-1
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 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
aCitp of *alrm am5ar m5aw
(office of tfje Citp Council
Citp fall
COUNCILLORS-AT-LARGE WARD COUNCILLORS
LEONARD F. O'LEARY
2004 PRESIDENT 2004
THOMAS H. FUREY CHERYL A. LAPOINTE LUCY CORCHADO
KEVIN R. HARVEY CITY CLERK MICHAEL SOSNOWSKI
JOAN B. LOVELY JEAN M. PELLETIER
ARTHUR C.SARGENT III LEONARD F. O'LEARY
MATTHEW A.VENO
MICHAEL BENGAL
JOSEPH A.O'KEEFE, SR.
December 15, 2004
Ms.Nina Cohen, Chairperson
Board of Appeals
City of Salem
Salem, MA 01970
Dear Ms. Cohen:
I would like to state that my position on the petition of William & Carol Kenney,
for a Variance to construct a single family dwelling for the property located at 17
Rockdale Avenue R-1, as favorable and it is my understanding that all abutters are in
favor which will clean up a now vacant lot and enhance the neighborhood. Any
consideration would be appreciated.
Sincerely,
LEONARD F. O'LEARY
COUNCIL PRESIDENT
SALEM CITY HALL • 93 WASHINGTON STREET • SALEM, MA 01970-3592 • WWW.SALEM000NCIL.COM
Division of land at 17 Rockdale Avenue, Salem Ma. 01970
We, the neighbors of William and Carol Kenney, do not object to the dividing of the
land located at 17 Rockdale Av. into two separate lots.
Nam Address Si nature
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Map 10 Lot 44 s ROCKDALE AVENUE
N/F io (40' Wide)
No. Shore Heritage 0 575'02'31"E Nail
Assoc., Inc. o �.
176 Mairlborough Rd. P o — 88.17'
` Deed Bk:. 9547 Pg. 5 N Lot 1 — — — 1
Z 10,737 sq.ft. Water Main
#17 Easement
Map 10 Lot �+ 2 Sty. II,04 v Map 10 Lot 43
16,815 sq.ft. I, n N/F
m ^ Richard A. Benea
in 15 Rockdale Ave.
Map 9 Lot 13 N657139"W Deed Bk. 11536 Pg. 255
N/F 136.87' I
William King
172 Marlborough Rd. -Ir on
Deed Bk. 14760 Pg. 473 Map 9 Lot 134 Rod
N/F
David A. Masse
APPROVAL UNDER THE SUBDIVISION 3 Sable Road West
CONTROL LAW NOT REQUIRED Map 9 Lot 133 Deed Bk. 8339 Pg. 53
SALEM PLANNING BOARD N/F
James F. Crowley, Jr.
1 Sable Road West
Deed Bk. 14183 Pg. 193
PLAN OF LAND
IN
SALEM, MA.
Prepared For
William & Carol Kenney
ZONING DISTRICT: R1 I certify that this plan was prepared In accordance with 17 Rockdale Avenue
the rules and regulations of the Registers of Deeds. Prepared By
REFERENCES: LeBlanc Survey Associates, Inc.
1) Deed Book 9543 Page 525 0 or AR161 Holten Street
2 Plan Book 202 Plan 28 Danvers, MA 01923
3 Plan in Deed Book 5182 Page 271 `�aJN
ON (978) 774-6012
4Plan Book 216 Plan 11 LeBLANC
5 Plan in Deed Book 4957 Page 290 NO. 33600 March 18 2003 Scale: 1 "=40'
6 Plan Book 202 Plan 28
cis
7 Plan Book 55 Plan 41
HOR. SCALE IN FEET
Iz
--51-03 0 410 - 100 200
PROFESSIONAL LAND SURVEYOR DATE