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12 BUENA VISTA - ZBA /� ��V°,S.F�. � 1 J -� �� l � Legal Notice CRY OF SALEM BOARD OF APPEAL _ 978.745.9595,Ent.381 will hold a public hearing for all per- sons interested in the petition submit- ted by JOHN JERMYN requesting ' Variances from lot width and frontage to allow parcel to be subdivided to form 2 lots for the property located at 12 Buena Vista Avenue R-1. Said { `hearing to be held Wednesday,June E; i 18,2003,at 6:30 p.m., 120 Washing- ton Street,3rd floor,Room 313. Nina Cohen,Chairman (6/4,11) ti co CITY OF SALEM9 MASSACHUSETTS CITY OF SALEM, MA BOARD OF APPEAL CL'ERK'S-OFFICE 3 720 WASHINGTON STREET, 3RD FLOOR X11 {� SALEM, MA 01970 'q TEL. (978) 745-9595 FAX (978) 740-9846 _1003 JUL -9 A 19 STANLEY J. USOVICZ, JR. "'V?CISION OF THE PETITION OF JOHN JERMYN REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 12 BUENA VISTA AVENUE R-1 A hearing on this petitionwas held June 25, 2003 with the following Board Members present: Nina Cohen, Chairman, Richard Dionne, Bonnie Belair, Nicholas Helides and Joseph Barbeau. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening New in accordance with Massachusetts General Laws Chapter 40A. The petitioner is requesting Variances from lot width and frontage to allow parcel to be subdivided to form 2 lots for the property located at 12 Buena Vista Avenue located in an R-2 zone. The Variances, which have been requested, upon a finding 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. Literal 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 or substantially derogating from the intent of this district of 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. Attorney Scott Grover, 222 Essex Street in Salem appeared and represented the petitioner. 2. A petition was submitted with 10 names in favor of the petition. 3. Jeffrey Sano of 5 Buena Vista Ave spoke in favor but had concerns about the possibility of blasting on the site. 4. The granting of this variance would allow for the installation of a cul de sac, as oposed to the connection of his paper street at both ends, thus forming a cut through that is opposed by the neighborhood. 5. There was no opposition to this petition. ' DECISION OF THE PETITION OF JOHN JERMYN REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 12 BUENA VISTA AVENUE R-I page two On the basis of the above finding of fact, 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 in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petition. 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. Therefore, the Zoning Board of Appeal voted 5-0, to grant the Variances requested, subject to the following conditions; 1. Petitioner shall comply with all city and state statures, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimension 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. Certificate of Occupancy shall be obtained. 6. Petitioner shall obtain proper street numbering from Assessors Office and shall display said numbers so as to be visible from the street. 7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction, including but not limited to, the Planning Board and the Conservation Commission. 8. That any construction done on this site strictly adhere to the City's Ordinances regarding allowed times during which construction can be conducted. Variance Granted Joseph Barbeau June 25, 2003 Board of Appeal/---� A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CIITY 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 day 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 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 Y�oar¢,o`�� ueanc ubu�.�'�ccu4.�a • �ST Gore�.nvw��c�"�1ou � k°.�pX Mcvh �� ��.SS • 2No c�,,, �, ,�N�i o �oh� ,p 4!„,.z ?ct"s • 3re� Gow.►..uQ Vc` seN b'4' �c.Qa. � -lo s,* U'6 SW'J +"A • TTk . . �..}� Gow.r..au.c..7c+oo adt $ 1� �-� �iM fio oC►t�,.N-- S��.�u.�L.e ��.�cTcac9 May 1, 2003 I have enclosed a copy of a proposed building site plan to build two homes on the two acre parcel of land on Buena Vista Avenue West. I believe this would be the best and least dense use of the property. Rather than apply for a subdivision of three or four lots under the Subdivision Control Law, we are applying for a variance for 2 homesites. This is a simpler and more land friendly approach. In response to neighbors input from both Buena Vista Avenue and Buena Vista Avenue West,we are proposing a dead end cul-de-sac that would eliminate any future connection of the two roads and improve emergency vehicle access. It would also leave a 110 foot natural path between east and west. We would, of course, be extending the current roadway into the cul-de-sac. Please call me if you have any questions about this or if you wish to meet me at the land to further discuss this proposal. Thank you, Phone: Office: 978-741-5563 Home: 978-741-8677 i It his �o e2 . Ju.a S aro '0�ex)e+^ v 2n�CYhbc�+fs�G OX e mnc�s�r o� a wti,Qnou.d ©cco,�-a�Js . S-z ota-3hL� A- c"s�j „ ,Kaffir+c^s�{t' %Ja saoe3�o`�11 \\ Y eo + £OP2 68icshl `"" ti1a'-t -g row` \ �, 1 t 1 `�03CL 0�3�+ �w a1 e) C`�tsY, IQ�, C'1 e�S�'�n 3 3'J u \\ 31 t 31,E Ed �+tb$-r,hr�oea .ns ly,an+ •-�...`�7�y SO�3 .. a7 la POS -P NINb`l"-u5) �9 �,ti ')A ana{9 A% �� n a 199 , a ,Z£'95Z / On, Sys ins n, OleI� Rhan v 9. -ph Ef � SO •ZF, s�! � s,`ye ljlo pc a ,O/ J loo ac+�j.Siw� �z 12 4.5 t+ht — 'Y(h^a8 6 .0� — hL— yv-,vn d '\1`c"b' ti,ovtN z �sary�. ro sasho f} Z �atePV 11 �� 0eimo6 i9 �08 ` snob 09 % )i 9 S yry Q09 4 17 � 90 fcy 099 09 45 09 09.958 �Y 09f04 x° x° I X yl 0918 `�TNgh ~oa-M . / 0932 — 09 41 1..0942 I — ys SSPE 6/ \ 09 L59 09 P. ci+t„`h 1 m -- �; �x12 ` J )49496 , f° HARTFORD80 /\ opo 09i %41 09��30 S; n O9, l \ \� _. 09j, 2 0911&95!--� 0984 . ' 0963 aPlw 843 09,7M72 ia ' 0920 S7A�M ! ! F�q,� s roti 0994 i 0995 p9 �88 0nt l_ ►CEq ��",�rS y 'kOyeD �0 ..°j ' / 9176x87 01 8$ . . . 0928 r - 09 �;48 0921Re /. 0889 \ pg 0908 0827 , 093 a 09028,1 \. i°� 0970 0980 0993 ! , °j ti 0908 �/ 09,W5 f O 098 0 7a % ° 09119/83 / / 09� 8010 p 09 70\ 0911/ / oazz 40 699987, 09 i�84 09 92 '`, m /� 39012 / 0921 09013 i o�� 0974 ��5� 0981 . � °" 09&20 Dear Salem Planning Board Board of Appeals We the undersigned, being neighbors and abutters to the 2 acre property at 12 Buena Vista Avenue West, have been given information and drawings by Julianna Tache' and George Fallon regarding their proposal to subdivide the property into a maximum of two homesites. We support this proposal of two lots that they propose with the turnaround not connecting Buena Vista East and West. We also would like the new section of road and turnaround to maintain the"country look"without curbings and sidewalks . i 0 bell%, V/J4 ,�y1 A eL t�)�- 6 9t' � MARC poRor. Q S Pd M 6raf� vj5qA A JlNkeGm Pa.k � � ASSESSORS MAP 9 PART PARCEL 93 RECORD OWNER. JERMYN REALTY TRUST a DEED REFERENCE: BOOK 7199 PAGE 111 ° SPLAN REFERENCE.• PLAN BOOK 55 PLAN 41 N (3uCN4ViElA ] POWs� / .�f ANNMARIE& LEONARD N/F N/F R9. WILC X N/F JOHN GIARDI EUGENE, JR. & LOTS 1 & 2 ARE A SUBDIVISION OF LOT rH QlE = , cF y( ALE QVE G COSTA & ALL YSON SIDERIDIS LOT 1 JUDITH CASEY 57B SHOWN ON PLAN BY EASTERN LAND J^1a / RockLOT 3 N/F N/F SURVEY ASSOCS. DATED APRIL 9, 2002. I TRACEY CARTER CHARLES LOT 2 N \ LOCUS MAP & ANGERAMO, DEFINITIVE SUBDIVISION PLAN BOOK 343 PLAN 5 APPROVAL UNDER THE SUBDIVISION DAVID ANGERAMO LIFE ESTATE BY EASTERN LAND SURVEY ASSOCS. " CON7ROL LAW NOT REQUIRED N 61'10 41 W •�5 k80%11 N 52'49'38" W N 5213'04" W 264.69 67,25 SALEM PLANNING BOARD N�2 250 115.96' 209.78' 54.91' N/F MICHAEL & ROSA JERMYN REALTY TRUST MANS/ LOT 207 LOT 250A PLAN 218 OF 1961 u: DA 7E N 3 N LOT 1 ;� N PB 114 �. 439495± SF. PL 88 M �' ZONING DISTRICT a, N 474'37• W RESIDENCE R1 183.00' y N ITEM REQUIRED LOT 1 LOT 2 N/FN wd LOT AREA 15,000 SF. 43,495± SF. 43,495± SF. cNio LOT WIDTH 100 FT. 56± FT. # 56± FT. # JOHN, 111 & FRONT YARD 15 FT. 56± FT. 67± FT. RACHEL BERRY io rn SIDE YARD 10 FT. 11 FT. 11 FT. LOT 57A o REAR YARD 30 FT. 132± FT. 160± FT. p o LOT 205 # DENOTES VARIANCE REQUESTED 2 199 � IgDSB 11 N DpOsco 70 bO���• LOT 2 Rand �� 40. 5 43,495± SF. N _ 83 84 24 S '38'12'22" E > >> IV 00. I ,\ `' - / A 1 ,p 1 S ' / `oJ� DH FD' g A \ 9+ F 7.9196. Ss`�?• ROp°SFO SUBDIVISION PLAN OF LAND S66�6�12" LOCATED IN Aq�F 2• s N/F SALEM MASS . MFT TANIN & SOMPIS SASALUXANON \ v � PREPARED BY LOT 56 EASTERN LAND SURVEY ASSOCIATES, INC. FOR REGISTRY USE ONLY \ PB 55 PL 41 THIS PLAN IS BASED ON THE REFERENCED PLANS, DEEDS \ \ AND THE RESULTS OF A FIELD SURVEY AS OF THIS DATE. CHRISTOPHER R. MELLO, PLS NO CERTIFICAT70AI IS INTENDED AS TO PROPERTY TITLE \ OR AS TO THE EXISTENCE OF UNWRITTEN OR UNRECORDED \ 104 LOWELL ST. PEABODY, MA 01960 EASEMENTS. \ (978) 531 -8121 \ \ SCALE: 1 " = 20' APRIL 23, 2003 I HEREBY CERTIFY THIS PLAN CONFORMS \ \ PREPARED FOR TO THE RULES AND REGULATIONS OF THE \ JERMYN REALTY TRUST REGISTERS OF DEEDS OF THE COMMON— WEALTH OF MASSACHUSETTS. 0 10 20 40 60 80 A:142 F 12526