18 THORNDIKE STREET - ZBA 0 D
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'Legal Notice
CITY OF SALEM
BOARD OF APPEAL
978-7459595,Ext.381
Will hold a public hearing for all per-
-sons interested in the petition submit-
ted by PASOUANNA DEVELOPERS,
INC.,requesting Variances from densi-
ty; lot coverage; distance between
buildings;front,side and rear yard set-
backs to allow 8 proposed units,
units allowed per zoning for the In:
arty located at 18 Thomdike Street R-
2. Said hearing .will be held on
Wednesday, September 15, 2004,1
6:30 p.m., 120 Washington Street,1
3rd floor,Room 313.
Nina Cohen,Chairman
(9/4,8)
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CITY OF SALEM9 MASSACHUSETTS C-)
BOARD OF APPEAL c f f
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120 WASHINGTON STREET, 3RD FLOOR T �Gr}
SALEM, MASSACHUSETTS 01970 'O
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STANLEY J. LISOVICZ, JR. TELEPHONE: 978-745-9595 C) ®m
MAYOR FAX: 978-740-9846 T -t13
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DECISION OF THE PETITION OF PASQUANNA DEVELOPERS INC. m v
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 18 ^�
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THORNDIKE STREET R-2
A hearing of this petition was held on September 15,2004 with the following Board
Members present:Nina Cohen, Chairman,Bonnie Belair, Edward Moriarty, Richard
Dionne and Nicholas Helides.Notice of this 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 petition is requesting a Variance from lot size, lot coverage and setback requirements
to allow construction of six units for the property located at 18 Thorndike Street in an R-2
zone.
The Variance which has been requested may be granted upon a finding of the 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 or structures in the same district.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship,financial or otherwise,to the petitioner.
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 or
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. Petitioner Pasquanna Developers is a real estate development company retained
by property owner Carly N. Welch to develop housing on a parcel of
approximately 36, 000 square feet located between Hubom and Throndike Streets
in an older residential section of the City. The property was formerly a
contractor's yard used in connection with the owner's family business for many
years. This use was abandoned and the property neglected until recently, when it
was used for the storage of construction trailers and equipment, a use that is
neither allowed nor grandfathered. Complaints by the surrounding residential
neighborhood resulted in the effort at redevelopment.
2. Petitioner proposes to clean up the site, install utilities including connections to
City of Salem water and sewer lines,put a sidewalk on Hubom Street, and install
DECISION OF THE PETITION OF P S
A QUANNA DEVELOPERS, INC.
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 18
THORNDIKE STREET R-2
page two
appropriate landscaping. The proposed housing units would be contained in three
buildings, each of which would consist of two attached dwelling units. Each
two-bedroom home would also have a one-car garage with an extra half bay.
3. A great deal of thought was into sitting these dwelling units. With 144ft of
frontage on Hubom St. leading to a cluster of four units. This condominium
association from Thomdike St. via a 20ft wide driveway. The condominium
association will be responsible for snow removal from the driveways and will be
liable for any drainage problems that result on the property.
4. The petitioner seeks variances for additional dwelling units on a lot, minimum
distance between buildings,maximum lot coverage, front setbacks, side setbacks
and rear yard setbacks for each of the six units.
S. As ground for his petition,petitioner states that the cost of development, and the
size and shape of the property constitute hardship. Petitioner further states that
the size of the proposed lots in keeping with the existing structures in this
neighborhood,which will be enhanced by the new properties.
6. Opposition to this petition was widespread,both within the neighborhood and
outside it. City Councillors Mike Sosnowski,Kevin Harvey and Joseph O'Keefe
opposed the density and layout of the proposed development, and abutter Joe
Bennett submitted a lengthy letter signed by twenty neighbors in opposition to the
proposed six-unit development. Walter Power,Chairman of the Planning Board
for the City of Salem,argued that creating access via a long narrow driveway
would greatly impact the surrounding neighbors. He stated that changes in
density should be made by rezoning,a function of the City Council. Among the
residents present who spoke in opposition were Peter Plecinoga,Melissa Cochran,
Tracy Osterstuf,Joe Patringer, Kevin Kelker, Marcus Swazey and Bill Semons.
On the basis of the above findings of fact, and on the evidence presented at the hearing,
the Board of Appeal concludes as follows.
1. Special conditions do not exist which especially affect the subject property and
not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would not result in
unnecessary hardship to the petitioner.
3. The relief requested cannot be granted without substantial detriment to the public
good or without nullifying and substantially hardship derogating from the intent
of the district or purpose of the Ordinance.
DECISION OF THE PETITION OF PASQUANNA DEVELOPERS, INC.
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 18
THORNDIKE STREET R-2
page four
Therefore,the Zoning Board of Appeal voted 0 in favor and 5 in opposition to grant the
requested variances. Having failed to garner the four affirmative votes required to pass,
the motion is defeated and the petition is denied. Ni, /
Variance Denied /,//./
September 15,2004 / n(!///
na Cohen, Chairman
Board of Appeal
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 MGL
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 MGL Chapter 40A, Section 11,the
Variance of Special Permit granted herein shall not take effect until a copy of the
decision bearing the Certification of the City Clerk that 20 days have passed and no
appeal has been filed,or that,if such appeal has been filed,that it 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 Certificate of
Title.
Board of Appeal
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STATEMENT IN SUPPORT OF PETITION OF
PASQUANNA DEVELOPERS,INC.
REGARDING 18 THORNDIKE STREET, SALEM,MA
July 14, 2004
To: The City of Salem Zoning Board of Appeals
Dear Members of the Salem Zoning Board:
The owner of the premises numbered 18 Thorndike Street, Caryl N. Welch, is aware of and
supports the petition submitted by Pasquanna Developers, Inc. for zoning relief with regard to
the premises. On behalf of Ms. Welch I have negotiated for the sale of the premises to
Pasquanna Developers, and the sale is subject to Pasquanna Developers obtaining the necessary
zoning relief for their proposed project.
I am legally authorized to sign this statement on behalf of Ms. Welch and I do so in order that
Pasquanna Developers may proceed with its petition and Ms. Welch may be recorded in favor
thereof.
Caryl N. Welch, Owner
By her duly authorized representative
Robert A. Munroe, Esq.
Cc: Client
Pasquanna Developers