1-11 COUSIN STREET - ZBA D p
1- 11 COUSINS STREET R-2 {I
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Benjamin recently hosted an ,
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Legal Notice
CITY OF SALEM
BOARD OF APPEAL
978-745-9595,EM.361
will hold a public hearing for all per j
sons interested in the petition submit-'
ted by MICHAEL O'BRIEN, MANAG-
! ER, COUSINS LLC, requesting Vari-'
ancesfrom lot size, width, front and
side setback to subdivide existing,
parcel into 4 nonconforming lots for
the property located at 1-11 Cousins
StreetR-2. Said hearing to be held -
. Wednesday, May 19,2004, at 6:30
'-M., 120 Washington Street, 3rd+
(5/5,12) Nina Cohen,Chairman
l
CITY OF SALEM, MASSACHUSETTS
y . BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970 CID
,.+
STANLEY J. IISOVIGZ, JR. TELEPHONE: 978-745-9595
MAYOR FAX: 978-740-9846 a r-C
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DECISION OF THE PETITION OF MICHAEL O'BRIEN, MANAGER REQESTM ND
A VARIANCE FOR THE PROPERTY LOCATED AT 11 COUSINS STREET R-fig
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A hearing on this petition was held on October 20m 2004 with the following Board o v
Members present: Nina Cohen, Chairman, Stephen Harris, Edward Moriarty, Richard._o
Dionne and Bonnie Belair. 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 Variances to divide non-conforming parcels into 3 parcels to
construct 4 duplex lots. Variances requested are lot width, front and side yard setbacks,
lot coverage and building height for the property located at 11 Cousins Street R-2
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 structure involve.
b. Literial 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 substantially derogating from the intent of the district of
of 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 Michael O'Brien, Manager of 11 Cousins St. Realty Trust, petitioned
this Board in August, 2004 seeking to subdivide and for dimensional variances to
allow development of 11 Cousins St. After opening the petition, the Board asked
petitioner to make changes in the design in response to neighborhood concerns.
This they did, and the revised petition was reopened at the Board's October
hearing.
2. Presented by Attorney Jack Keilty and surveyor Christopher Mello, petitioners
plan calls for residences to be built at the former site of a manufacturing facility.
The factory, which was in tax arrears, was demolished by the City of Salem
several years ago and the site, at the center of a residential neighborhood, has
since been vacant.
DECISION OF THE PETITION OF MICHAEL O; BRIEN MANAGER,
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 11 COUSINS
STREET R-2
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page two �r
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3. Petitioner's plan calls for 3 two-and-a-half story duplex townhouses to be '_n
constructed, each on a separate lot with less than the required amount of fronjUe
and insufficient front and side yard setback space to meet the dimensional
requirement of the Ordinance. Access to and egress from the lot would be fra
Webb St. The development would be marketed and sold as a condominium
association consisting of six two-bedroom units. d D
4. Property owners who have moved into a new condominium development made
from the adjacent Polish Falcons Social Club building sought to maintain access
to their rear parking lot via a driveway between the two properties, and petitioner
agreed to grant an easement for the perpetual use of such driveway by succeeding
owners of those condominiums.
5. In addition, petitioner agreed to install sidewalks and four-foot metal fencing
similar to that of the adjacent condominium along the Cousins St. side of the
property, and to install landscaping at the rear property line to lessen impact on
the Allen St. abutters.
6. As grounds for his variance request, Petitioner states that the property is subject to
a state-mandated 21E abatement plan not caused by his actions that will require a
significant investment in clearing contaminated soil from the site prior to any
development. Further, he argues that as a former manufacturing property, the size
of the lot is a factor that makes it unique. Most of the surrounding homes are on
lots much smaller than is required by the ordinance. Given the disparity, it would
be anomalous to enforce lot size and frontage with respect to one site in an area
where lots are uniformly undersized.
7. Petitioner met with neighbors in August to discuss the impact that the
development would have, and submitted a petition in support of the proposed
development signed by 7 neighbors. Also speaking in support of the petition were
David Winter of 17 Cousins St., and Lucy Corchado, Ward I City Councillor.
8. Aletha Hill of 12 Allen St was concerned about dust during soil removal.
9. Paul Lessard approved of the revised design, finding it appealing, and he
requested that the record show the first floor should be no more than 3 ft above
street level.
10. Speaking in opposition were Paul and Lou Grocki of 8 Cousins St. and Mark
Calchowski of 12 Cousins St., on the grounds that the proposed duplex
townhouses would be overly large for the small street and homes.
On the basis of the above findings of fact, and on, the evidence presented at the hearing,
the Zoning Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property but not the
District.
DECISION OF THE PETITION OF MICHAEL O'BRIEN REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 11 COUSINS STREET R-2
page three ® a
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2. Literal enforcement of the provisions of the Zoning Ordinance would involve c r
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Substantial hardship to the petitioner. zq
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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. rft
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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 statues, ordinances, codes and
Regulations.
2. All construction shall be done as per 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.
6. Petitioner shall obtain proper street numbering from the City of Salem Assessors
Office and shall display said number so as to be visible from the street.
7. Petitioner shall obtain approval from any City Board or Commission having
Jurisdiction including, but not limited to, the Planning Board.
8. Finish floor no higher than grade.
9. Condo association shall include snow removal.
10. Petitioner shall have sidewalk installed on Cousins Street.
Variance Granted �G,
October 20, 2004
Nina Cohen, Chairma� S
Board of Appeal
Q
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD Aft
THE CIITY CLERK c
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 day D
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 SpeciaF
Permit granted herein shall not take effect until a copy of the decision bearing th® ?e
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
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL CITY Of SALM. MSA
s 120 WASHINGTON STREET, 3RD FLOOR
CLERK $ Q 1 _
SALEM, MA 01970 '
' TEL. (978) 745.9595 V!
FAX (978) 740-9846
STANLEY J. USOVICZ, JR.
MAYOR JUN 21 A ID SS
DECISION ON THE PETITION OF MICHAEL O'BRIEN MANAGER COUSINS LLC
REQUESTING VARIANCES FOR THE PROPERTY LOCATED AT 1-11 COUSINS
STREET R-2
A hearing on this petition was held June 16, 2004 meeting with the following Board
Members present: Nina Cohen Chairman, Bonnie Belair,Nicholas Helides, Stephen
Hams and Richard Dionne. Notices of the hearing were 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.
At the request of the petitioner's Attorney John Keilty, the Salem Zoning Board of
Appeal voted 5-0, to grant leave to withdraw this petition without prejudice requesting
Variances from lot size,width, front and side setbacks to subdivide existing parcel into 4
nonconforming for the property located at 1-I 1 Cousins Street located in an R-2 zone.
GRANTED LEAVE TO WITHDRAW WITHOUT PREDUDICE
JUNE 16,2004 c/a - „
Nina Cohen, Chairman Cse/x�
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
Massachusetts General laws 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 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 Certification 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
ZONING EVALUATION
+1 40. RESIDENCE 2 DISTRICT
Ati MIN/MAX LOT A LOT B LOT C LOT D
LOT AREA 15,000S.F. 68111 S.F. 5370± S.F. 5360± S - 60053 " L�
f f LOT WIDTH 100 FT. 56.34± FT. 51.50± FT, 51.50± FT. 57753 ' 1
5 FRONT YARD 15 FT. 10±FT. 10±FT. 10± FT. 103 FT
�
REAR YARD FFF
YARD 30 FT. 60± FT. 60±
ARFT. 60±F1 T. 11031 1.
� it LOT COVERAGE 35% 20% 20% 19%
r N BUILDING HEIGHT 2 1/2 STORY 2 1/2 STORY 2 1/2 STORY 2 1/2 - TORY L 1 ;l iri2 Y
- "- _ ON SITE PARKING 16
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Lfh IA
N.T.S.
LOT 153 LOT 165 LOT 764 LOT 763 LOT 159 LOT 761 LUT 760
WILLIAM C. & DONNA N/E N/E N/F CHARLES E. N/F ROBERT
NADEAU HURWITZ DUGAN SWINARSKI CLAAFF ]Ij GORSKI MARS�,ALL
234.89'
51.50 51.50 57.75
c6 -FT L _ ___j (�)
LOT A LOT B LOT C LOT D
68111S F. 5370tSF. 5360±5.F. 60051
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O N O
O �
O OO
LOT 755 _
zo' zo' zo' — zo' '- zo' zo' 20' 20' EAST INDIA
`L TOWN HOMES
AA o UNIT UNIT UNIT UMT UNIT UN11 UNIT UNIT CONDOMINIUM
us #1 #2 #3 #4 #5 06 #7 #8
121 --Ft 5'15':H5't 5't 15'±15'±i 1��
10'
56.34 1151.50 11 51 .50 1157.75
- _ -- - -- SIDE WALK _ _ - - _ 217.09 _ SIDE WALK - _ _ \ SIDE WALK
COUSINS STREET
SIDE WALK
GENERAL NOTES I
1) THIS PLAN IS THE RESUL T OF AN ON THE GROUND FIELD
SURVEY AND PUBLIC AND PRIVATE PLANS.
2) UTILITIES SHOWN ARE BASED UPON FIELD SURVEY AND
RECORD PLANS AND ARE NOT NECESSARILY INDICA T1 VF OF
UNDERGROUND CONDI TIONS.
VARIANCE PLAN
3) THE CONTRACTOR SHALL BE RESPONSIBLE FOR VERIFYING AND L OCA %ED IN
DETERMINING THE LOCATION, SIZE AND ELEVATION OF ALL SALEM , MASS.
EXISTING UTILITIES, SHOWN OR NOT SHOWN ON THESE PLANS, PREPARED BY
PRIOR TO ANY CONSTRUCTION. THE ENGINEER SHALL BE NOTIFIED
IN WRITING OF ANY UTILITIES FOUND INTERFERING WITH THE EASTERN LAND SURVEY ASSOCIATES, INC.
PROPOSED CONSTRUCTION AND APPROPRIATE REMEDIAL ACTION CHRISTOPHER R. MELLO, PLS
BEFORE PROCEEDING WITH THE WORK. 104 LOWELL ST. PEABODY, MA. 01960
� VK6w '`'1k'Aqe (978) 531-8121
4) THIS PLAN /S BASED ON THE REFERENCED PLANS, DEEDS GENERAL NOTES RECORD OWNER: o� cNeisroPNEe
e.
AND THE RESULTS OF A FIELD SURVEY AS OF THIS DATE. PREPARED FOR:
ONE COUSINS STREET REALTY TRUST MELLO y'
NO CERTIFICATION IS INTENDED AS TO PROPERTY TITLE 1. ZONING DISTRICT IS R-2. No.31317 O COUSINS LLC.
OR AS TO THE EXISTENCE OF UNWRITTEN OR UNRECORDED BK. 15337 PG. 302 c I� e
EASEMENTS. 2. ASSESSORS MAP 41 LOT 154 PLAN 180 OF 1929 su111���
=
5) THE OWNER SHALL CONFIRM COMPLIANCE WITH ALL APPLICABLE SCALE: 1" 20" JUNE 11, 2004
CODES AND REGULATIONS GOVERNING THE MATERIALS AND/OR
METHODS OF INSTALLATION OF ANY IMPROVEMENTS DEPICTED
F 12685
N THIS PLAN.
0 10 20 40 60 80