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CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
\C � 120 WASHINGTON STREET♦SALEM,MASSACHUSETTS 01970
TELE:978-619-5685 FAX:978-740-0404
KIMBERLEY DRISOO1J.
MAYOR
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February 29, 2012 r` -
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Decision
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City of Salem Zoning Board of Appeals _
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Petition of PASQUANNA DEVELOPERS, INC. requesting Variances from minimum 1101 area;Trot area per
dwelling unit, frontage, lot width, front yard setback and rear yard setback, in order to subdivide the
property located at 18 THORNDIKE STREET(R-2 Zoning District) into five (5) single-family house lots.
A public hearing on the above Petition was opened on October 19, 2011 pursuant to Mass General Law
Ch. 40A, § 11. The hearing was continued to November 16, 2011 (with no evidence taken) and then to
February 15, 2012, and closed on February 15, 2012 with the following Zoning Board of Appeals
members present: Rebecca Curran (Chair), Annie Harris, Richard Dionne, Jamie Metsch,Jimmy Tsitsinos
and Bonnie Belair. Annie Harris was not present at the October 19, 2011 meeting, but reviewed all
evidence of the proceedings (including the audio recording) and submitted a signed affidavit to this
effect.
Petitioner seeks Variances pursuant to Section 4.0 of the City of Salem Zoning Ordinances.
Statements of fact:
1. Patrick Delulis presented the petition at the hearing.
2. In a petition date-stamped September 22, 2011, petitioner requested Variances pursuant to Sec.
4.0 of the Salem Zoning Ordinance to allow for the subdivision of 18 Thorndike Street into five (5)
'single-family house lots.
3. At the hearing on October 19, 2011, a resident spoke in opposition to the petition, concerned
about the number of homes to be built. Joe Bennett, 15 Hubon Street, submitted a letter in
opposition to the project and also spoke in opposition at the February 15, 2012 meeting, citing
concerns about the level of density, fire truck access, and proximity of the new homes to his
home.
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4. At the February 15, 2012 hearing, the petitioner presented revised plans showing
movement of the houses and driveways on lots 4 and 5 further away from Thorndike
Street abutters, and closer to the Hubon Street lots.
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 property was
contaminated, which required extensive cleanup; it is a large lot with very little frontage;
and it has a sewer easement running through it, which limited how the lots could be
configured.
2. Owing to the previous contamination of the soil and the limitations presented by the
sewer easement and lack of frontage, 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 Board finds the proposed development would be in keeping with the
neighborhood. The Board also noted the project would offer benefits to the neighborhood
including installation of a fire hydrant where none had previously existed, and the cleanup
of the formerly contaminated site.
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, Harris, Metsch, Dionne and Belair) and none opposed, to grant
the requested Variances. Variances under Section 4.0 are granted to allow subdivision of the
property into five (5) single-family house lots, as shown on the submitted plans ("Preliminary
Subdivision Layout Geometry for 5 Residential Lots for a site at Thorndike & Hubon Streets,
Salem, Massachusetts," prepared by Patrowicz Land Development Engineering, dated July 1,
2011 and last revised January 31, 2012).
The Board of Appeals voted to grant petitioner's request for a Variance subject to the following
terms, conditions, and safeguards:
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
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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.
5. A Certificate of Occupancy is to be obtained.
6. A Certificate of Inspection is to be obtained.
7. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
8. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to,the Planning Board.
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.
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1. DEED REFERENCE FOR LOCUS IS RECORD BOOK 16593 PgGE 209. ,IF max aao
ALREFERENCE-PECROOK IBSPAGE 1. 4T /6
ALSOSO SEE TAKINGS IN RECORD BOOK 011 9)PAGE 41 AND PLAN 16 DG 1906. (pNN(/ 422 �
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2. THIS PIAN IS WE RESULT OF AN INSTRUMENT SURVEY. C) a
FOR REGISTRY USE ONLY qFC CVF,y, Q
llqFPLAN OF LAND
02 � THORNDIKE STREET k HUSON STREET
CERTIFY THAT THE PROPERTY UNES SHOWN ARE THE ONES SALEM
DIVIDING EXISTING OWNERSHIPS AND THE LINES OF STREETS AND
WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE STREETS OR WAYS PROPERTY Of
ALREADY ESTABLISHED AND NO NEW UNES FOR NASION OF
EXISTING OWNERSHIPS OR FOR NEW WAYS ARE SHOWN. CARYL N. WELCH
CHARIER 41 SECTION MX
PREPARED FOR
CERTIFY THAT THIS PLAN CONFORMS TO THE PASQUANNA DEVELOPERS, INC.
RULES AND RECUUTONS 6 THE REGISTERS Of DEWS. SCALE
SCALE SCALE 1' = 20' FEBRUARY 17, 2006
NORTH SHORE SURVEY CORPORATION
(p FST 1 14 BROWN STREET, SALEM, MA
OATS REGISTERED PROFESSIONAL LAND SURVEYOR 22mE- 2n 2 978-744-4800
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LOT AREA = 2.850tSF \ '
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z� \ o• o j j ` SALEM GIS SCALE: 1"= 200' SCALE
,/ / ev yq�' 5, 713f SF
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o � 7,81ofsF . YgRdS % ���i �P/ ' �> °'°° , NOTES
rs0 FTA ",k rP0 1. LOCUS IS SHOWN ON SALEM ASSESSORS MAP 37, LOT 38. PROPERTY LINE
Al C¢ PER NORTH SHORE SURVEY CORP. DEED REFERENCE (RECORDED AT THE ESSEX
lq. COUNTY REGISTRY OF DEEDS): BOOK 25416, PAGE 211. EXISTING CONDITIONS
COMMONWEALTH F MASS.
#22 HORNDI ST
7 PER ACTUAL ON-THE-GROUND SURVEY BY NORTH SHORE SURVEY
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MA 37, L 26 CORPORATION.
LOT A/REA = ,458tSF/ _ �/ � SfDF` j j RFNR� 5 316fSF
o 6 TO� FT,g Yq j y e° ey qv� 2. THIS PLAN IS CONCEPTUAL. ADDITIONAL ENGINEERING IS REWIRED TO
�qC,1-'PD / q�' S �\ FINALIZE DIMENSIONS, GRADES, DRAINAGE AND UTILITIES.
D FALKOWSK!THORNDIXP ST 3. LOCUS IS ENTIRELY WITHIN A R-2 ZONING DISTRICT.
I AP 37,-LLLOT=27 ' � ,� C/� �P j d0
\`� - / 10 Qp jj $ �/q0 `\ 4. THIS SITE PLAN DOES NOT NECESSARILY REPRESENT COMPLIANCE MATH
O �� r h0 Q sR" , ` '\ CITY OF SALEM'S ZONING BY-LAWS. DEFINITIVE COMPLIANCE SHALL BE
N , _'\ _ 4 2 m >a,, _ M AEL PAULA RI _ DETERMINED BY THE BUILDING INSPECTOR. THE BUILDING SETBACKS SHOWN ON
m M ALlX Q' \sa' o #18 BRIDGE ST _
EDWARD & DEBRA O'BRIEN �- 3 \ THIS PLAN REWIRE CONFIRMATION FROM THE BUILDING INSPECTOR PRIOR TO
p _ $16 RNDIKE ST O j - P 37, LOT 36 & 37
x/14 THORNDIKE ST Q c� > 'r!O m ANY DESIGN AND/OR CONSTRUCTION. PROPOSED BUILDING HEIGHT AND
a = j v F EA = 4.360+SF /
7, LOT 28 MAP 37, LOT 29 / �O O j 3 '` YqR N- COMPLI-NCE WITH ZONING WALL ALSO REWIRE CONFIRMATION FROM THE
LOT A =/ 3,000tSF LOT AREA = 3,000tSF 4 �� j 4� F, ° d 2,y 0 4 % j \� \FTAq / r BUILDING INSPECTOR. WAIVERS AND/OR VARIANCES MAY BE REQUIRED (BASED
` I o ` UPON THE OPINION OF THE BUILDING INSPECTOR).
N , 0O. ETER & BARBARA PLECINOCA 0,
#12 THORNDIKE ST. / �j 'Sr #2 '\ I
� v 5. EACH PROPOSED HOUSE IS SHOWN AS 25' x40', EACH PROPOSED
_ MAP 37, LOT 30 / j ��- �� �i
N / \ OT AREA = 2,B55t SF2 5,�82�s1/ r� 237JOHN DUMAS `\ / ATTACHED GARAGE IS SHOWN AS 15' x 25', EACH PROPOSED DECK (OR PATIO
#20 BRIDGE IN THE REAR) IS SHOWN AS 127 x 18.
MAP 37, LOT 35
O Q- LOT AREA = 3,060tSFes 0
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RICHARD & CAILK DAVIS ST. ,#22 BRIDGE ST.
=,VAP 37, 31 / - MAP 37, LOT 34
CO -AREA - 13tSF LOT AREA = 6,490tSF - , 1
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I CERTIFY THAT THIS PLAN HAS BEEN LAYOUT GEOMETRY
WI _IN CONFORMANCE TH THEfor
RULES AND REGULATIONS OF THE 5 RESIDENTIAL LOTS
REGISTRY OF DEEDS. THORNDIXE PLACE CONDOMINIUM
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a #MAP 37, LOT 33 - \\ for O Site at
0 REGISTRY USE ONLY \ LDT AREA = 4,916±3F
Thorndike & Hubon Streets
APPROVAL UNDER SUBDIVISION \ = / Salem, Massachusetts
CONTROL LAMP REQUIRED: \_ - Octe: July 1, 2011 Revised: January 31, 2012
SALEM PLANNING BOARD FLOE#11-18 Scale: 1" = 20' Sheet 1 Of 1
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N 31 Collins Street Terrace, Lynn, MA 01902
GRAPHIC SCALE '\
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