7 VISTA AVENUE - ZBA 7 VISTA AVENUE
CASHMAN
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egal Notice
CITY OF SALEM
BOARD OF APPEAL
C- ll hold a public hearing for all
:10ons interested in the petition sub-
lered by ERIC K. CASHMAN
heesting Variances for subdivision,
heA, relief from minimum lot area,
soB which contains an existing
,inlling requires Variances from
mimum lot area,minimum lot width -minimum lot depth of rear yardthe property locatedat 7 VISTANUE R-1.Said hearing to be heldDNESDAY, NOVEMBER 15,0 at 6:30 P.M.,.ONE.SALEMEN,second floor."Nina Cohen,Chairman1/1,0)
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citp of 6alem, fdazoacbeotto c,rr
�oarb of appeal CCERK s aFF1e A
1006 NOY 21 P 2.
DECISION ON THE PETITION OF ERIN K. CASHMAN REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 7 VISTA AVENUE R-1
A hearing on this petition was held on November 15, 2000, with the following Board
Members present: Nina Cohen, Chairman, Stephen Buczko, Stephen Harris, James
Hacker and Richard Dionne. Notice of the hearing was sent to abutters and other 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 Variances for subdivision of an existing lot. Newly created
Lot A requiring a variance from minimum lot area. Remaining Lot B, which contains an
existing dwelling, requires variances from minimum lot area, minimum lot width and
minimum depth of rear yard. This property is located at 7 Vista Avenue which is in a R-1
district.
The Variance which has been requested may be granted upon a finding of the Board
that:
a. Special conditions and circumstances exit 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. The petitioner was represented by Attorney George Atkins.
2. A number of abutters voiced opposition to the plans.
3. Councillor Leonard O'Leary spoke in opposition to the proposed
petition.
DECISION OF THE PETITION OF ERIN K. CASMAN REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 7 VISTA AVENUE R-1
pagetwo
4. A petition was submitted with 4 names in favor of the petition.
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.
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.
VARIANCE DENIED
November 15, 2000
CSG
Richard Dionne, Member
Board of Appeal
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DECISION OF THE PETITION OF ERIN K. CASHMAN REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 7 VISTA 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 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 or
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 owners Certificate of Title.
Board of Appeal
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To The Salem Board of Appeal:
We the undersigned have reviewed the attached plan of Erin K. Cashman
to subdivide the lot at 7 Vista Avenue and wish to be recorded as in favor
of the petition.
Name Address Date
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7�6�14 � ��c L( GCS c ��
SCENIC 5
,07.45
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OF LOT
LOT A
6,785± SF. N
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IWSION 8675 � LC
IRED N/F p
)ARD REEARLTY
MUST
LOT B y�_apG`'�
Cyd" 9,387± SF.
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131.70'
N 07'50.38• W
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N/F ~
TAURASO
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WE THE RESIDENTS ARE HEREBY OPPOSED TOETHE PETITION OF ERIN CASHMAN 7 VISTA AVENUE
FOR A VARIANCE FOR A SUBDIVISION OF AN EXISTING LOT.
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To The Salem Board of Appeal:
We the undersigned have reviewed the attached plan of Ervin K. Cashman
To subdivide the lot at 7 Vista Avenue and wish to be recorded as in favor
Of the petition.
Name Address Date
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SCENIC s 20.0403' E
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OF LOT
\_ LOT A w�
'$ 6,785± SF.
?0 5 2004!5' E @£ TAU
IVlSION
IRED N/F eB.1g 1 �� LC
CAR
)ARD REALVTY
TRUST
LOT B-
yh0^6xb 9,387± SF.
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131.70' 4p. , yl
N 073038' W
N/F '
TAURASO
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WE THE RESIDENTS ARE HEREBY OPPOSED TOETHE PETITION OF ERIN CASHMAN .7 VISTA AVENUE
FOR A VARIANCE FOR A SUBDIVISION OF AN EXISTING LOT.
sigmnve ADDRESS
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ZONING DISTRICT
RESIDENCE R1
ITEM REQUIRED LOT A LOT B
rv`� NIC LOT AREA 15,000 SF. 6785± SF. # 9387± SF. #
•p4!p3" E LOT COVERAGE 30 % 21 ± % 17± %
a• s 26 LOT WIDTH 100 FT. 100.00 FT. 56± FT. #
�O� �`� 107.45 FRONT YARD 15 FT. 15+ FT. 37± FT.
h4etio►?'�N SIDE YARD 10 FT. 10+ FT. 17± FT.
REAR YARD 30 FT. 30+ FT. 16± FT. #
PROPOSED c9 # DENOTES VARIANCE REQUESTED
LOCUS PLAN 9 \ 28, pWEL�IN
ti 50'
LOTS A & B ARE A SUBDIVISION OF LOT `�B• 9`S'
2 SHOWN ON PLAN RECORDED AS s�•
PLAN BOOK 237 PLAN 77• ?��. LOT A N NOTES.
9920 6,785± SF. N�, N/F ASSESSORS MAP 9 PARCEL 266
S 28.04'03" E TAURA SO RECORD OWNER:ERIN K. CASHMAN
APPROVAL UNDER THE SUBDlV1SlON DEED REFERENCE.• BOOK 16342 PAGE 529
CONTROL LAW NOT REQUIRED N/F s 6$•78 4} �� LOT 3 PLAN REFERENCE: PLAN BOOK 237 PLAN 77
SALEM PLANNING BOARD REALVTY 2s• Lit
TRUST cry
LOT B
%(p 99387± SF.
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DA 7E
131.70'
N 07.50'38" W
N/F SUBDIVISION PLAN OF LAND
TAURA SO
LOCATED IN
0 O SALEM , MASS .
6
01 G PREPARED BY
FOR REGISTRY USE ONLY ��
EASTERN LAND SURVEY ASSOCIATES, INC.
THIS PLAN IS BASED ON THE REFERENCED PLANS, DEEDS CHRISTOPHER R. MEL L O, PLS
AND THE RESULTS OF A FIELD SURREY AS OF THIS DATE.
NOTETON IS INTENDED TO PROPERTY 7EIZE -'`" 104 LOWELL ST. PEABODY, MA. 01960
OR ASS TOO THE EXISTENCE OF UNWRITTEN OR UNRECORDED ,r ���N*, c r;,
EASEMENTS
CHRISTOPHER
f'4 R (978) 531 -8121
I HEREBY CERTIFY THIS PLAN CONFORMSo!3131SCALE: 1 " = 20' OCTOBER 24, 2000
TO THE RULES AND REGULATIONS OF THE Fir a
°has ^.�
REGISTERS OF DEEDS OF THE COMMON— "�' � .;. PREPARED FOR
WEALTH OF MASSACHUSETTS JAMES MICHAUD '^�
0 10 20 40 60 80
F 6550