Loading...
5 SUMMIT STREET - ZBA SUr„m,�- / Y \ ..Ms u �T CITY of SALEM MASSACHUSETTS BOARD OF APPEAL J2 7 120 WASHINGTON STREET♦SM MnssncEiusETrs 01970 TELE;978-619-5685 0 FAX:97 7g 0 4 KjM ERI.r.YDRISCOLL '1l� MAYOR CITY CLERK._SALEM.MASS.,. May 30, 2012 Decision City of Salem Zoning Board of Appeals Petition of GEORGE F. FALLON requesting Variances from minimum lot area, frontage, lot width, and front and side setbacks, in order to subdivide the property located at 5 SUMMIT STREET, Salem, MA (R-1 Zoning District), and to construct a single-family house on one of the newly created lots. A public hearing on the above Petition was opened on May 16, 2012 pursuant to Mass General Law Ch. 40A,§ 11. The hearing was closed on May 16, 2012 with the following Zoning Board of Appeals members present: Rebecca Curran (Chair), Richard Dionne, Annie Harris, Jamie Metsch, and Jimmy Tsitsinos. Petitioner seeks Variances pursuant to Section 4.1 of the City of Salem Zoning Ordinances. Statements of fad: 1. In a petition date-stamped April 25, 2012, petitioner requested Variances from minimum lot area, frontage, lot width, and front and side setbacks, in order to subdivide the property located at 5 Summit Street, and to construct a single-family house on one of the newly created lots. 2. Attorney Scott Grover represented the petitioner at the hearing. 3. At the hearing, several residents expressed concerns about the existence of a paper street called Summit Court, irregular water pressure in the neighborhood, traffic, and parking. 4. At the hearing, one resident spoke in support of the project. 1 The Board of Appeal, after careful consideration of the evidence presented at the public hearing, and after thorough review of the plans and petition submitted, makes the following findings: 1. Special conditions and circumstances exist affecting the parcel or building, which do not generally affect other land or,buildings in the same district, since the parcel is larger than is typical for the district, irregularly shaped and burdened with encroachments and easements; 2. Owing to the special conditions noted above, literal enforcement of the provisions of this ordinance would involve substantial hardship, financial or otherwise, to the appellant; 3. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the zoning ordinance, since the project will clean up a derelict property, sufficient off-street parking is provided, and encroachment will be corrected by conveying small portions of property to abutters. 4. In permitting such change, the Board of Appeals requires certain appropriate conditions and safeguards as noted below. On the basis of the above findings of fact and all evidence presented at the public hearing including, but not limited to, the Plans, Documents and testimony, the Zoning Board of Appeals voted five (5) in favor (Curran, Dionne, Metsch, Harris, and Tsitsinos) and none (0) opposed, to grant the requested Variances. Variances under Section 4.1 are granted to allow for the proposed subdivision and redevelopment of the property as shown on the submitted plans titled "Plan to Accompany Petition to the Board of Appeals, located in Salem, Mass., 5 Summit Street," prepared by Eastern Land Survey Associates, Inc., dated April 17, 2012. The Board of Appeals voted to grant petitioner's request for Variances subject to the following terms, conditions, and safeguards: 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 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. 2 5. Exterior finishes of the new construction shall be in harmony with the existing structure. 6. A Certificate of Occupancy is to be obtained. 7. 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. 8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 9. 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. 10. Renovation of the older home is to commence prior to construction of the new home, barring any legal barriers relating to the current occupants. 11. Approval is conditional upon review by the City's legal department of the applicant's documentation showing Summit Court's status as a private way. P A jQatix Rebecca Curran, Chair Salem Board of Appeals 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 of filing of this decision in the office of the City Clerk. Pursuant to the 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 has been filed with the Essex South Registry of Deeds. 3 • •; What happened to Summit Court Summit Court was located off Summit Street but is no longer in existence • according to the City of Salem. It is recognized by the Registry of Deeds. Exhibit 1 - Minerva Young deed dated 03-21-2007 describing Summit Court. • Exhibit 2 - Plan of Roberts Estate dated 04-18-1892 showing Summit Court. Exhibit 3 - Copy of 5 Summit Street City of Salem assessors card (both sides) showing square footage change from 12,750 square feet to 23,500 square feet. Exhibit 4 - Parcel Map plan showing no sign of Summit Court. How can a recorded way be transferred without legislative action ? I• r 40 � � ~ I���IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1007011100145 Bk;16661 Pg;510 03/21/2007 12:01:00 DEED Pa 1/2 • DEED I,MINERVA A. YOUNG, of Salem,Essex County, Massachusetts, for nominal • '. consideration, grant to WILLIAM A. YOUNG,of 5 Summit Street, Salem, Essex C(r County,Massachusetts, Reserving a Life Estate in the Grantor,with quitclaim covenants, the land in said Salem, with the buildings thereon, situate on Summit Street,and bounded and described as follows: •, NORTHWESTERLY: by Summit Street, 106.83 1/3 feet; NORTHEASTERLY: by land formerly of Roberts, 85 feet; SOUTHEASTERLY: by land formerly of Roberts, 109.33 1!3 feet;and SOUTHEASTERLY: by land formerly of Swanson, 82 feet. f • (/� Being the same premises described in deed given by Michael P. Arnold,by mortgagee,to Adam Robson,dated April 25, 1882, recorded with Essex South District Registry of Deeds, Book 1080,Page 136 and 137. Excepting those parcels thereof conveyed by Adam Robson by two deeds. The first to Charles O. S%vanson, dated April 21, 1921,recorded with said Deeds, Book 2480,Page 446;the second to Arthur R. Brown, et ux,dated May 4, 1923,recorded with said Deeds, Book 2551, Page 528. Also the land in the rear of the above described parcel being bounded: NORTHWESTERLY: by Summit Court, 188 feet; NORTHEASTERLY: by lot no. 1,on plan hereinafter described, 51.7 feet; • SOUTHEASTERLY: by land formerly of Farley, 189.5 feet; and SOUTHWESTERLY: by lot no. 7 on said plan, 48 feet. Being lots numbered 2, 3,4 and 5 on"Plan of the Roberts Estate, Salem, C.A. Putnam, C.E.,April 18, 1892"recorded with Essex South District Registry of Deeds, Book 1341, Page 1. With the right to the use of Summit Court,as shown on said pian,in common with other abuttors on said way. Also conveying all right, title and i iterest which said Anna M. Robson had in the land shown as"Summit Court"on said plan. • Being the same premises described in deed given by James'Welch to Eliza Jane Robson,by deed dated September 17, 1892,recorded with said Deeds, Book 1356,Page 137. RETURN TO: • �ftlltpp ®. )14of8Tl, 1 nuire 265 Essex Street Suite OW Salem, MA 01970 • • f For title of Anna M.Robson see Estate of Adam Robson, Essex Probate#166722, and Estate of Eliza J. Robson, Essex Probate#78602. A For my title, see deed from Minerva A. Young to Minerva A. Young and Frederick M. Young,husband and wife,dated November 29, 1958,recorded with said Deeds, Book 4520,Page 157. Frederick M. Young died on June 29, 1974. See Essex Probate#325819. • WITNESS my hand and seal this JW day of March,2007 VA OUNG COMMONWEALTH OF MASSA S Essex, ss. March )p , 2007 A On this.jqd day of March,2007,before me,the undersigned Notary Public. personally appeared MINERVA A. YOUNG,proved to me through satisfactory evidence of identification,which was plRson 1W Vnowh to be the person whose name is signed on the preceding'or attached document, and acknowledged • to me that she signed it voluntarily for its stated purpose. Kw�uy Pdblic / My Commission Expires: /J1S JiD • PHILIP U.h�Gnit`J„ESGUiIt Notary Public Commonwealth of Massachusetts My Commission Expires Oct or 15:2010 • N 600Z/9/8 311'1000 UPIoOZ%Ib£I/SNVIdOZ%XOOflOZ%UHUJ'L:[WSJ!itu/wUo speaPwa[es m //.u444 • 10 all -oz 13 • • .3.iE0 s rr. yl. \�\ \ \\ I� I d .- a� za/on sarr 8.520 sy.n �' \ \ �,y$-3s4.Fr t 30 sq.r.-r :. Sris� �30 s4.-rte � s4 a4Soes,�.F,— 45o .F�� • I I I Ih i MA� gun'sxtii Cote r x- 9 \ \ 1 I V�M �\ 4/50 �p i. U 7�dnms dower " ,� w �\\�\\ - \\. •� \ � I t/mm . n N co 0 QS ail 'lYc'lTtoH"C F'S T'R'FFY1. . IIIA F�F�T— • j t �N -- ;R013ERTS ESTATE'i..� � ;, a >,A,4i • S a L- EM. C. 47°ulnam, C.E rlp /l 20 • 13o I aSed t GI Y OF SALEM,; MASS: els ; LOCATION YEAR OWNER DESCRIPTION VAL. SQ. VAL TOTAL LIN. BLD. FT. .LAND VAL: FT. 1954 72.('ILUz(.L(�. Ci `�fJ(���P.2 I,GAF6-GC�1.� —�✓ ��JrO%Z ._' C��6 �Cl`J Q. 1955 SAMEOWNER .AS P�IOUS yg 1956 zA%4F OWNER AS PREVIOUS YEpj 1957 SAME OWNER AS PREVIOUS YEAR 1958 r`4mt (AWNix Ai leigil YYlip 1959 1960 SAME OWNER AS PREVIOUS YEAh s 1961 O', NTF, A'Z PREdIOUS YEM 1962 SAME OWNER AS PREVIOUS YEAR 1963 SAME-Lowmck A.) eiu.V dei+ zr m cm6 1964 SAME OWNER AS PREVIOUS YEAR 1.965 SMAE YEAR 1966 SME A2 YEAR 1967 ti. 3Soo Sao 3<f0O 1968 SAME OWNER AS PREVIOUS YEAR - od /dao goo oxz ; do :/�7ad 1969 1970 1971 . 1 7 , 1'a 35u 0 e r.; 30 7 .3 j I i v s ! • • • • • • • • • • • • • • • • • • 4 • 0) City of Salem, MA 8/4/2009 Parcel Map • 6_0110 1,1_01411 15_0160 /`b ,. s9 16_012 4 15_ . 16,> V% \\ S F sT �y _ 15_0161 !S� 15_0149 'y�_U19827 i0159 y 0197 / Qj �O �t 10151 ^ 5 01 ^ 15_0152 15_0157 ^ry ^ 15 15_01_0162 ///� • i `��� 3�(� 15_019SCbZ 5 C 1 .0190 8,S 15_ 164 � 15_0194�� • 150166 y I ^ i y o0 01,6/4 ^o! 15_0165 15_ 9 1 _018 15_01 �S 15_0191 1 88 .i -,� 15_0182 fe@l,% C, 5 019\J –• -15'0167 15_0181 5_01 1 315 15_0180 Property Information ❑ Surrounding Towns Property ID 15 0162_0 ❑ Town Boundary Location 5 SUMMIT STREET 13 Ocean • — Streams MAP FOR REFERENCE ONLY O water Bodies NOT A LEGAL DOCUMENT ❑ Parcels Easement O ❑_ Buildings Because of different update schedules,current proper d Selection:Parcels assessments may not reflect recent changes to proper boundanes.Chock with the Board of Assessors In confirm Eoundanea used at time of assessment ti Petition We, as neighbors/abutters of 5 Summit Street in Salem, MA support the petition of George Fallon of Salem to subdivide the existing property at 5 Summit Street into 2 lots. One new lot to be for one new single family home. - Iq 6�-rj At e s-C 'e- Co % _ 9 S S v H t--ji 16122 0 p 32 X44 x`15- 2 so 15a?500 16 4, v o� :�� 15&60 Q c 5aJ4 �b �s s� 15aj0 15i$j161 15&49155 1 5 98 3 R` 54( 97 a 15 15 —J 1SW4196 � 151 n(�11 1557 1W2 -&I: ti s 15-Bpa 52 5i949 15&89 a - Q6 5 5&5 s� '� `' 5-Q9 -,� 15890 W4 bdd" � Z 1565 �J893 15jP91415 E 15- i �. 15�g91 e 5 g15j%J92 1 �ry 15,Q 154 m ti 1550180 bo �15, 8 1515 qW 704 56 15- 11 15-0567 4870 M1 1579 15�PJP9 ^a 1528 155Q78 . 1 15- 155-29 157 " '� 15 R30 15. 173 ti �� --- 3 0 15_0197_0 15'0163_0 15 0159_0 TWENTY-ONE BUTLER ST ES rRUSI K' CLARA BLANCHET'(E ARMANDV 21 BUTLER STREET I I SUMMIT STREET ! 6IANCH T F SALEM,Mn 019711 SALEM,MA 01970 y, SALEM,MA 01970 2C 13 15 01980 /23 S 0157_0 r 1 PERAKIS JAMES OLNICKI EUGENE. 25 BUTLER STREET 14ASKELL ST SAL ,MA 019706 BEVERLY,BEVERLY,MA 01915 IS 0161_0 (� �, 15_0164_o _.._ _. .. WHI174EY lANICBA �IIX.�Y\dOY LHEUREUX FRANCIS 29 BUTLER S'(REET /// -13 SUMMIT STREET 'ALEM,MA 01970 SALEM,MA 01970 15_0160_0 15 0165_0 'SHERMAN KIMBERLY A C�OJELNO GEORGE M 31 BUTLER MIS SUMMIT ST 0 - ! / SALEM,MA i97U SALEM,MA 01970 1 15 0194_0 15_0156 0 MERCIER HEATHER M SILVA MANLEL A IU SCOTIA ST e/ 16 SUMMIT STREET SALEM,MA 01970 V SALEM,MA,01970 15 0193_0 15_0166_801 CONROY NOMINEE TRUST ODRIGUEZ GLENDA L 27 APPLEBY ROAD 17 SUMMIT ST 017 SALEM.MA 0001197(0'��J^.� SALEM,MA 0!970. 1 15_0192_0 \ 15_0166_802 / MATARAZZO MATTHEW 14 SCOTIA STREET 19 SliMMIT ST U 19 SALEM,MA 01970 SALEM,MA 019l� IS U3i5_0 L A / .1 I5 0167 0 BVS CORP ` 1(•�4 ' OLCOTT LAWRENCE IINANTUCKET AVGNC 23 SUMMIT SC - SWAMPDCOTT.MA 019 SALEM,MA 01970 IS 0196_0 0168_0 SAXONIS IRENE CORMIER ROBERT J1 6 SCOL IA ST 25 SUMMIT STREET SALEM.MA 01970 SALEM.MA 01970 I 195_0 15 0162 0 �t L,NDEZALGIMIRIA C 8 SCOTIA STREET n/y�, y� 3` is...�(i sr SALEM,MA 01970 SALEM,MA 01970 J o 1570 Danielle McKnight From: Beth Rennard Sent: Wednesday, December 05, 2012 12:13 PM To: Danielle McKnight, Robin Stein cc: Thomas St. Pierre Subject: RE: 5 Summit Street Danielle, the city clerk and assessor records do not show Summit St Ct. as a public way or even a paper street. Attorney Lucas' opinion is correct. -----Original Message----- From: Danielle McKnight Sent :. Wednesday, December 05, 2012 10: 44 AM To: Robin Stein; Beth Rennard "Cc: Thomas St. Pierre Subject: FW: 5 Summit Street Hi Beth and Robin, A recent ZBA decision for 5 Summit St. had required the applicant to submit documentation showing that a way known as Summit Street Ct. shown at one time on older plans (but not showing as an existing paper street currently) is not a public way in Salem. The Board 'asked that the documentation be submitted for approval by our legal department. Is this something you can take a look at? I 'm attaching the decision also. Thanks, Danielle McKnight Staff Planner Department of Planning and Community Development 120 Washington Street, Third Floor Salem, / MA 01970 (978) 619-5685 dmcknight@salem.com -----Original Message----- From: Scott Grover [mailto:SMGrover@tintilaw.com] Sent: Wednesday, December 05, 2012 10: 11 AM To: Danielle McKnight Cc: Scott Grover Subject: 5 Summit Street Danielle: As requested. Scott Scott M. Grover, Esquire Tinti, Quinn, Grover & Frey, P.C. 27 Congress Street, Suite 414 Salem, MA 01970 978-745-8065 x. 106 (office) 978-745-3369 (fax) smgrover@tintilaw.com 1 Al� / 8R� L \ �0© (,OGU�� ZONING DISTRICT: RESIDENCE R1 p a stoTns ASSESSORS MAP 15 PARCEL 162 RECORD OWNER: MINERVA YOUNG C" DEED REFERENCE: RECORD BOOK 26661 PAGE 56 -�✓ '~ PLAN: RECORD BOOK 1341 PAGE 1 m Dr Llarnbny � DI O R/9'�r Grove LOCUS MAP ZONING DISTRICT RESIDENCE R1 ITEM MIN./MAX. LOT A LOT 8 LOT AREA 15000 SF. 8117± SF. # 9978± SF. # LOT WIDTH 100 FT. 56± FT. # 50 ± FT. # FRONT YARD 15 FT. 3± FT. # 16± FT. SIDE YARD 10 FT. 3± FT. # 11± FT. l—FAN KAO REAR YARD 30 FT. 71± FT. 97± FT. CHRISTOPHER EDWARD JOHN CONROY & LOT COVERAGE 30 % 21± % 10± % - AWLA & & HEA 7NER SUZANNE KA 0 ALGIMIRA MERCER # DENOTES VARIANCE REQUESTED 15.09 MENDEZ CONROY S34'08'56"W S34'40'06"W 171.63 9.33' 5.76' 45.70' 90.09' S34040'060W IRENE 30.84' � ;LOT EILLLLL 5.00' KAO SAXONIS ± SF. - W 3 3 SEE to , 3 C INSET LOT E v- to N - W "' c FOR o� tLO w too � to o co DA TA LOT B z `� LOT A o N �* M z z z 81171 SF. , M 9978± SF, to LOT D �� LOT D � 3.34' S32'28'37"W S33'51'16"W y r 3528± SF.to LOT F to 04 o 3 -- ( 55± SF. 15.00LL t LOT C �� z M 2092± SF, 40.09' 23.67 o i° 9.33 z N33'51'16"E iv33'51'160t 63.76 n FRANCIS VALERIE GEORGE LOT F 3t' CLARA LHEUREUX MARIA KACHER/AN w o - 3 COELHO COELHO 11 t' 11 t' pe N n 3 28' �_� 3 LOc'j o ARLAN 0 a, o io ac-4 N °' ,M & N ^. a ° z : r PROPOSED m :`� JANICE t j DWELLING DWELLING t WHITNEY z �, z No. 5 i I I I i 15.50' 3±' 56.88 50.00' 15.00' 1 N33'57'020E 122.38 \ NOTE: EXISTING GARAGE 'S7. "E TO BE REMOVED N33 02 INSET To Butler Street SUMMIT STREET No SCALE PLAN TO ACCOMPANY PETITION TO THE BOARD OF APPEALS LOCATED IN ' rR.nnq� SALEM , MASS . 5 SUMMIT STREET 4` CHRISTOPHER PREPARED BY i' x.3117 EASTERN LAND SURVEY ASSOCIATES, INC. 31317 L CHRISTOPHER R. MELLO, PLS w � v� 104 LOWELL ST. PEABODY, MA. 01960 (978) 531 -8121 SCALE: 1 " = 20' APRIL 17, 2012 PHOTO REPRODUCTION OF THE ABOVE SEAL IS INDICATIVE OF UNAUTHORIZED REPRODUCTION OF THIS PLAN AND IS TO BE CONSIDERED A -- --' ----- - ' -� COPYRIGHT INFRINGEMENT AND/OR FRAUD. "A:311 ENFORPHOTOOEMENT REPRODUCTIAUTHORITY FORSHALL ANY PURPOSE.ACCEPT 0 10 20 40 60 80 . F 16455