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11 COUSINS STREET
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CITY OF SALEM9 MASSACHUSETTS
BOARD OF APPEAL
' 120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 C ��
MAYOR FAX: 978-740-9846 rr1
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DECISION OF THE PETITION OF MICHAEL O'BRIEN, MANAGER REQEST$qlG
A VARIANCE FOR THE PROPERTY LOCATED AT 11 COUSINS STREET R-
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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
page two r'
3. Petitioner's plan calls for 3 two-and-a-half story duplex townhouses to be c �-n
constructed, each on a separate lot with less than the required amount of fron4ge
and insufficient front and side yard setback space to meet the dimensional !N,
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. C
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 1 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
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2. Literal enforcement of the provisions of the Zoning Ordinance would involve c ��
Substantial hardship to the petitioner.
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3. Desirable relief can be granted without substantial detriment to the public good D
and without nullifying or substantially derogating from the intent of the district—
or the purpose of the Ordinance. 77
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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 ��—
October 20, 2004
Nina Cohen, Chairmat S
Board of Appeal
Petition
We the undersigned are abutters to the proposal for development at 11 Cousins Street,
Salem Massachusetts.
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We have reviewed a plan, which depicts the construction of three duplex residential units
on the parcel on land. We are in favor of the proposed development.
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