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17 & 2 LUSSIER STREET & ATLANTIC STREET - ZBA (2) 1�1 LvSS� ec Sic e e 'r (AIK�a) 2 PAAav\-V,c Sheep universal® www.myuniversalop.com phone.1.866.756.4676 UNV12113 MME W USA Zoning Board Project Status Sheet Address & Applicant: 11 I Date Submitted to BOA: '71/7 (o,12-o f S Clerk Stamp: Variances Only - Constructive Approval Date: (100 clays from filing) E/Abutters List Requested: g/Abutters Notice Sent: Kotice to Abutting Cities & Towns, Councillors: Legal Notice posted at City Hall: (14 days before meeting) Legal Notice Emailed & Confirmed: n��/egal Notice Posted on Web: d Agenda to Applicant: Applicant's email address or fax number to send agenda: Opened at Meeting: $ S Continued Meetings: Nj Extension Form(s) Signed & Clerk Stamped? Closed at Meeting: CI Irs Decision: Decision Filed: Appeal Period Over:_� (71 t y after decision filed) .decision Sent to Applicant: Notice of Decision Sent to abutters, cities and towns, councillors: A ZBA ACTION FORM BOARD MEMBERS MOTION SECOND VOTE Date: 81191ls Rebecca Curran (Chair) Mike Duffy Petitioner: ke5o(n7 -Tom Watkins Peter Copelas Address: 1944„11�tee Jimmy Tsitsinos Jim Hacker(Alt.) Paul Viccica(Alt.) Q p� Total: IL/ — Conditions: Petitioner shall comply with all city and state statutes,ordinances, codes and regulations. 1 ®All construction shall be done as per the plans and dimensions submitted to 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. 1 Petitioner shall obtain a building permit prior to beginning any construction. ❑Exterior finishes of the new construction shall be in harmony with the existing structure. b ©A Certificate of Occupancy is to be obtained. ©A Certificate of Inspection is to be obtained. 7 Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall display said number so as to be visible from the street. $ Petitioner is to obtain approval from any City Board or Commission having jurisdiction including,but not limited to,the Planning Board. ❑Unless this Decision expressly provides otherwise, any zoning relief granted does not empower or authorize the Petitioner to demolish or reconstruct the structure(s) located on the subject property to an extent of more than fifty percent(50%)of its floor area or more than fifty percent (50%) of its replacement cost at the time of destruction. If the structure is demolished by any means to an extent of more than fifty percent(50%) of its replacement cost or more than fifty percent (50%)of its floor area at the time of destruction, it shall not be reconstructed except in conformity with the provisions of the Ordinance. ❑ �;�,h �- .ffs��<�i,Q to H�i"T�'o�5 El CITY OF SALEM MASSACHUSETTS BOARD OF APPEAL �iM1111EDot� " 120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01940 7CIMBERLEYDR1scoLL TELE:978-745-9595 ♦ FAX:978-740-9846 -< an MAYOR r' H rn September 2, 2015m N Decision M City of Salem Board of Appeals x N Petition of GREGORY INVESTMENT GROUP LLC, seeking Variances requesting relief from 4.1.1 Table of Dimensional Requirements from minimum lot area, minimum lot area per dwelling unit, minimum rear yard setback,maximum height of building, number of stories and a Variance per Sec. 5.1.8 Table of Required Parking Spaces of the Salem Zoning Ordinance to allow for the construction of a two-family residence and associated parking located at the property of 2 ATLANTIC STREET (AKA 17 LUSSIER STREET) (Map 32 Lot 189) (R2 Zoning District). A public hearing on the above Petition was opened on August 19, 2015 pursuant to M.G.L Ch. 40A, 4 11 and closed on this date with the following Salem Board of Appeals members present: Peter A. Copelas (Vice- Chair),Jimmy Tsitsinos,Mike Duffy,Tom Watkins, Paul Viccica (alternate). The Petitioner seeks Variances requesting relief from minimum lot area, minimum lot area per dwelling unit, minimum rear yard setback, maximum height of building, number of stories and a Variance per Sec. 5.1.8 Table of Required Parking Spaces of the Salem Zoning Ordinance to allow for the construction of a two- family residence and associated parking. Statements of Fact: 1. Attorney Quinn presents the petition. 2. In the petition date-stamped July 26, 2015,the petitioner requests Variances requesting relief from 4.1.1 Table of Dimensional Requirements from minimum lot area, minimum lot area per dwelling unit, minimum rear yard setback,maximum height of building,number of stories and a Variance per Sec. 5.1.8 Table of Required Parking Spaces of the Salem Zoning Ordinance to allow for the construction of a two-family residence and associated parking. 3. The lot is 5,250 square feet and is located in a R2 Zoning District. 4. The petitioner withdrew the request for a variance for relief per Sec. 5.1.8. Table of Required Parking Spaces of the Salem Zoning Ordinance as the proposal for garage parking underneath the two-family residential dwelling unit meets the number of parking spaces required.The garage parking will have two (2) parking spaces per dwelling unit. 5. The petitioner proposes to construct a 1,560 square foot two-family dwelling unit with four (4) parking spaces below the residential dwelling units. 6. In 1995 and 2009 the Zoning Board of Appeals granted dimensional variances to allow for the construction of a two-family residential unit that was never constructed. City of Salem Board of Appeals September 2,2015 Project:2 Atlantic Street Page 2 of 3 7. The requested relief,if granted,would allow the Petitioner to allow for the construction of a two- family residence and associated parking. 8. At the public hearing one (1) member of the public spoke in favor and one (1) person spoke opposition to, the petition. The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the petition, including the application narrative and plans, and the Petitioner's presentation and public testimony, makes the following findings: Findings for Variance: 1) Special conditions and circumstances that especially affect the land,building, or structure involved generally not affecting other lands,buildings or structures in the same district is that the parcel is undersized and has a narrow shape. 2) Literal enforcement of the provisions of the Ordinance would involve substantial hardship to the applicant as without the dimensional variances given the size and shape of the lot,the land could not be built on. 3) 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. On the basis of the above statements of facts and findings, the Salem Board of Appeals voted with four (4)in favor (Peter A. Copelas (Vice-Chair),Jimmy Tsitsinos, Mike Duffy, Tom Watkins) and one (1) opposed (Paul Viccica (alternate)) to grant Variances requesting relief from 4.1.1 Table of Dimensional Begmirements from minimum lot area, minimum lot area per dwelling unit, minimum rear yard setback, maximum height of building, number of stories to allow for the construction of a two-family residence and associated parking, subject to the following terms, conditions and safeguards: Standard Conditions: 1. The Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted to 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. A Certificate of Occupancy shall be obtained. 6. A Certificate of Inspection shall be obtained. 7. Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall display said number so as to be visible from the street. 8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. Rebecca Curran, Chair Board of Appeals City of Salem Board of Appeals September 2,2015 Project:2 Atlantic Street Page 3 of 3 A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this deasion,if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and sball be filed within 20 days of filing of tbis deasion in the office of the City Ckrk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Vanance or Speaal Permit granted herein shall not take effect until a copy of the deaiion bearing the certificate of the City Ckrk has been fled with the Essex South Registry of Devils CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS PETITION FORM MY OF SALEKMASSACErUSETTS 1015 JUL 28 A 10 41 I AM— SALEK BOARD OF APPEALS F120 WASHINGTON STREET,3an FLOOR i F MASSACHUSETTS 01970 C I T Yss Thomas St Pierre,Director of Inspectional Services ® Phone:978-619-5641 /Fax: 978-740-9846 EC "Iw 7 rF»j KmmFRi FV DRiscoLL Erin Schaeffer,Staff Planner a V °w =-p MAYOR Phone:978-619-5685/Fas: 978-740-0404 JUL 28 C0 15 TO THE BOARD OF APPEALS: DEPT.OF PLAMN'NO,a The Undersigned represent that he/she is/are the owners of a certain parcel of land located at COPIMUR!2Pf r)E'1EL0PMEA1T Address: 17 fussier St (a/k/a 2 Atlantic Ave.Lnin g District: R-2 An application is being submitted to the Board of Appeal for the following;reason(s):This statement must describe what you propose to build,the dimensions,the zone property is in,and the zoning requirements.(Example: I am proposing to construct a 10'x 10'one story addition to my home located at 3 Salem Lane, in the R-2 Zoning District. The Zoning Ordinance requires the minimum depth of the rear yard to be 30 feet. The current depth of my rear yard is 32 feet; the proposed-addition would reduce the depth of the rear yard to 22 feet.) Propose to construct 26' x 60' 2.5 story attached 2—family dwelling with garage parking underneath on this corner lot in R-2 District. Request dimensional relief from min. lot area (5,250 where 15,000 sf required) min. lot area per dwelling ( 2,625 where 7,500 sf required) and min. rear yard depth (3 ft. where 30 ft. required) 3 full stories (where 2.5 stories are required) and any relating parking relief that may be necessary For this reason I am requesting: ()D Variance(s)from provisions of Section 4.1.1 . of the Zoning Ordinance,specifically from Min. lot area, min lot area/dwelling, min. reac max height o�uilding / g, yar4e. minimum depth ofrearyard). What is allowed is (15,000 sf / 7,500 sf / 30 f t/ 2_50?sq ft?stories? W), and what I am proposing is ( 5,250 sf / 2,625 sf / 3 ft./ 3 stories) ( )A Special Permit under Section of the Zoning Ordinance in order to ( )Appeal of the Decision of the Building Inspector(described below): ( )Comprehensive Permit for construction of low or moderate income housing(describe below): Current Property Use: Vacant Lot Are Lot Dimensions Included?($Yes ( )No Why? (Example:Two Family Hame) The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and allow the project to be constructed as per the plans submitted,as the enforcement of said Zoning By-Laws would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially derogating from the intent and purpose of the Zoning Ordinance. CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS PETITION FORM The following written statement has been submitted with this application: (� For all Variance requests a written Statement of Hardship demonstrating the following must be attached: a) Special conditions and circumstances that especially affect the land, building,or structure involved, generally not affecting other lands,buildings,and structures in the same district; b) Literal enforcement of the provisions of the Ordinance would involved substantial hardship to the applicant;and 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. O For all Special Permit requests a Statement of Grounds must be attached. An application for a special permit for a nonconforming use or structure shall include a statement demonstrating how the proposed change shall not be substantially more detrimental than the existing nonconforming use to the neighborhood in accordance with Section 9.4 Special Permits, Such a statement should include reference to the following criteria a) Social,economic,or community needs served by the proposal; b) Traffic flow and safety, including parking and loading, c) Adequacy of utilities and other public services, d) Impacts on the natural environment, including drainage, e) Neighborhood character;and f) Potential fiscal impact, including impact on City tax base and employment, O For all Comprehensive Permits for construction of low or moderate income applicants should refer to M.G.L. Ch.40B § 20-23. Previous applications to the Board of Appeals involving this property have been submitted with this petition form. The Building Commissioner can provide documentation of previous applications to the petitioner or his representative. Gregory Investment Group, LL (/different from petitioner: Petitioner: Darius (-,-ee, ry vrip,,--..al Property Owner: Pamela D. Shute Address: 301 Edgewater Dr. STE100 Address: 4-6 Atlantic Ave. , Salem, MA 01970 Telephone:Wake field, MA 01880 Telephone: (978) 968 5474 Email: Email: darius. re y@gmail Pont Signature: Signature: See attached consent letter Date: 7/ 015 Date: 7/27/Y 015 ed consent letter is also acceptable) If different from petitioner: Representative: William F. Quinn, Esq. Tinti, Quinn, Grover & Frey, P.C. ATRUE" Address: 27 Congress Street Rn;re 474 Salem, MA ATTEST Telephone: (978) 745 8065 e . 110 Signature: — Date: 7/27/2Q] 5 CITY CLERK DATE DPCD DATE This original application must be filed with the City Clerk Pamela D.Shute 4-6 Atlantic Avenue Salem, MA 01870 June 18,2015 Chair and Members of the City of Salem Zoning Board of Appeals 120 Washington Street-3`d Floor Salem, MA 01970 RE: Zoning Application for Dimensional Zoning Relief for 2 Atlantic Avenue,Salem,MA Dear Chair and Members: This letter is to inform you that as the record owner of the vacant parcel of land at 2 Atlantic Avenue,Salem, MA, I have authorized Darius Gregory d/b/a Gregory Investment Group LLC of Salem, MA to file the accompanying application for the necessary zoning relief to construct a two-family attached dwelling on this parcel(Zoned R-2)as depicted in the application materials, or as you may determine appropriate for this project. A copy of my ownership deed is attached,and I appreciate your attention to this matter. V tr yyours .5/ . ame a D.Shute \�5' MASSACHUSETTS QUITCLAIM DEED 2009082100395 8k:28877 Pg:382 00121!2009 01:33 OEM Pa 111 We, ROY K Lapham and Eleanor T. Lapham of 4-6 Atlantic Avenue, Salem, Massachusetts 01970, for consideration paid, and in full consideration of FIFTY THOUSAND AND 00/100 Dollars (U.S. $50,000.00) grant to Pamela D. Shute, Individually, of 4-6 Atlantic Avenue, Salem, Massachusetts 01970 with quitclaim covenants the following properly in Essex County, Massachusetts. Parcel L• the land in Salem Essex County,Massachusetts, situated on the comer of Lussier and Atlantic Streets, Being lot numbered one hundred and forty (140) on a Plan of Lots by C.A. Putnam, C.E. dated December 1894,recorded with Essex South District Registyr of Deeds,Book 1438, Page 600 and bounded and described as follows: Southerly: by Atlantic Street, fifty two and five tenths(52.5)feet; Westerly: by Lussier Street,on ehundred(100)feet; Northerly: by lot numbered one hundred and thirty-nine(139)on said Plan fifty two and five . Easterly: by land now or formerly of Mathieu,one hundred(100)feet. Said lot is also shown on plan No.8 recorded with Essex Probate Records at the end of Book 574. Subject to restrictions of record so far as now in force and applicable. Being a portion of the same premises conveyed to the herein named grantors)by deed recorded with Essex South District Registry of Deeds in Book 13006,Page 89. MASSACHUSETTS EXCISE TAX Southern Essex District ROD Date: OB121f2009 01:33 PM ID; 763502 Doc% 2009e02IOe30S0 Witness my/our hand(s)and seal(s)this 17th day of August, 2009. Fee; Me.0a Cons: ase,000.00 Roy .Laphanr Eleanor T.Lapham COMMONWEALTH OF MASSACHUSETTS Essex, ss. On this 17th day of August,2009,before me,the undersigned notary public,personally appeared Roy K Lapham and Eleanor T. Lapham,proved to me through satisfactory evidence of identification, which was/were[x]Mass. driver's license(s)or[ ] , to be the person(s)whose name(s)is/are signed on the preceding or attached document, and acknowledged to me that he/shelthey signed it voluntarily for its st ted purpose. T. �,a„N,nwrlep, Notary Pubic: Christopher T.C ?'•�D:p�* so"Fa My Commission Expires: 7/25,Tr ;y w{o o. it � PROPERTY ADDRESS: 4-6 Atlantic Avenue Salem,Mas3h ytllgYtt� D ® =o El ® Qo 0 EIFE ❑❑EE 0 on 4 ® of �I m r m LlD O z Tn 2 ATLANTIC STREET, SALEM, MA 01970 GREGORY INVESTMENT GROUP LLC W ARNOLD JACOBSON ASSOCIATES,INC.ARCHITECTS ��F 153 ANDOVER STREET,SUITE 101,DANVERS.MA 01923 (781)9352500 0LjLi ® a qo 0 L=L ^1 °I m r m D O Z co 2 ATLANTIC STREET, SALEM, MA 01970 I► a GREGORY NVESTME11T GROUP LLC >' 1 ARNOLD JACOBSON ASSOCIATES,INC.ARCHITECTS " �� ss `+ N 153 ANDOVER STREET,SUITE 191,DAWERS,M01923 (781)935.2500 ^�► p { 4� ❑ '; e ❑ 4� 00 i di I i 1=— F , i. i O i0 f to 0 00 T r- 0 O O z Z 2 ATLANTIC STREET, SALEM,MA 01970 9 GREGORY INVESTMENT GROUP LLC ARNOLD JACOBSON ASSOCIATES,INC.ARCHITECTS a ` r` F S 153 ANDOVER STREET,SUITE 101,DANVERS,MA 01923 (181)9352500 i r w 0 j € 77 a -n r O O A A z Z 2 ATLANTIC STREET, SALEM, MA 01970 p GREGORY INVESTMENT GROUP LLC ARNOLD JACOBSON ASSOCIATES,INC.ARCHITECTS N 153 ANDOVER STREET,SUITE 101,DANVERS,MA 01923 (781)9352500 ^•" d q ® I ® _FY N 0 s � o0 o � Y L L L k R o e O M77= 0 T i O z Z (n 2 ATLANTIC STREET, SALEM, MA 01970 ;I► GREGORY INVESTMENT GROUP LLC T' 9 1 ARNOLD JACOBSON ASSOCIATES,INC.ARCHITECTS Al"! 153 ANDOVER STREET,SURE 101,DANVERS,MA 01923 (781)93i350D - q o Pyv REFERENCES: 1) W 301, PG. 56 2j PIPN BY BAY STATE SURVEYING ASSOCATES INC. '1LC'1 PL4: OF UNC IN SALE.- . 7-27-G9 I l} BFIF'V C, CRl.RN' SMELL:i.. CFIBN: '`!1l/J. i LISi:E2 STPFEI 515p ,f LOT 1 I, c/(� 7 azso S.F. LOT 2 5.250 S.F. U W? .6 s O W I wclW} Fn / NI /n 03 p ) OALLLIN^ _b MVV) a a w jb' ATLANTIC (PUBLIC) STREET SITE PLAN IN SALEM , MA O' 1V aa• ao' 8 ZONING COMPARISON TABLE d R2 RESIDENTIAL =FAMILY SCALE:I'=20' --- 1 REVISED JULY 2Z,2015 v REW PROVIDED Lo[ 1 -ATLANTIC STREET 3 VI I UM LOT AREA 5.000 S F. 5,250 SF. 'Sym VJNI\:UM LOT AREA/DwaWfi LNG 7.500 S.F. 2.575 S. iY MiNIM011 LOl FROVAGE ICl MIMMUM LOT YIICTM c PT g n' - — 'CD Fi WILLIAMS eRCVgflD 1j 7 :IBYARD 0 ,O " :NINJ oSP` RAGES EAR V<RC 30 FI + xm LOT COVER-4E 9V BVILD:.1'G 35 R 3C ,119 NOITH MAIN STeEEf SUITE.11 SUITE1 E MaN.a'ri BWLDiI.a rEICHT 35 FT - MlooLETfroN.MA 01949 AIAYIAfUM E4LCIF'u 'H.ErGHi (STCRIES), 2S STORISS 3 5'Ox'S J^ MON .9)91.. 9-908 8 `Ax ON,539_.4. € '1 h.�1915 3 Property History and Statement of Hardship for 17 Lussier Street,Salem (a/k/a 2 Atlantic Street) In 1894,a plan entitled "Plan of Land of James F.Almy in So.Salem" by C.A. Putnam, C.E. was recorded at Essex County Registry of Deeds Plan Book 1438, Page 600 which subdivided several hundred parcels in this neighborhood of"Castle Hill" into house lots containing between 4,500-6,000 sf. The subject parcel is in substance shown as Lot 140 on such Plan. This neighborhood is currently Zoned R-2. In 1995,the Zoning Board granted the owners at that time, Eleanor and Roy Lapham, a variance to construct a 2-family dwelling on a parcel of 5,250 SF at the corner of Atlantic Street and Lussier Streets, which constitutes most of Lot 140 as shown on the 1894 plan. The Decision is on record at said Registry Book 13036, Page 244, as attached. In October of 1995,the City of Salem Planning Board approved an ANR plan of the parcel,which is shown as "Lot 1" on that plan, and is recorded at said Registry Plan Book 303, Plan No. 56. The building was never constructed, and the 1995 ZBA approval lapsed. In 2009, Lapham filed another similar application, and the ZBA granted dimensional variances as to lot area, minimum lot area per dwelling and minimum yard set-backs to allow the construction of a two-family, 26'x 60' structure on Lot 1, and also allowed on-site parking in four tandem spaces. This 2009 Decision was recorded at said Registry Book 29001, Page 60,which was extended for an additional 6 months by Decision subsequently recorded at Registry Book 29611, Page 162. The project was again not constructed, and the 2009 Decision lapsed on March 1,2011. The current owner of Lot 1 is Pamela D. Shute,who resides at 4 Atlantic Street. Ms. Shute has entered into a Purchase and Sale Agreement with the petitioner, Gregory Investment Group LLC ("Gregory")of Salem, contingent upon Gregory obtaining ZBA approval of a variance for a proposed 2- family dwelling of the same size and configuration as the one approved in 2009,except that it will comply with parking requirements by providing two parking spaces for each unit in garage, and outdoor decks are proposed in the rear. The grounds for the variance are that because of the size and shape of the Lot, it is not buildable for any residential purpose under the applicable dimensional requirements of the Ordinance (where lot is 50 feet in width,and front and rear set-backs are 15 &30 feet respectively), although such residential use is otherwise allowed.This constitutes a hardship,financial and otherwise,that is particular to the parcel, but not generally to other parcels in the neighborhood, many of which were developed before zoning was ever enacted in Salem or the Commonwealth of Massachusetts. The history of residential dwellings being constructed on similar 4,500-6,000 SF lots in the neighborhood,the fact the neighborhood contains a mix or single and two-family dwellings, and the fact that that prior Zoning Boards have twice previously approved applications for construction of a two- family structure on this lot, are good grounds to find that the approval of the petition will not detract from the character of or be detrimental to the neighborhood, and is not inconsistent with public policy and the zoning ordinance. BK I' PG. / q � O� Plan of Land of Jamas F. Almy in So. Salem. showing Pacific St. and Vicinity 9Y p,q wham, G.E. Uawuaar 1094 ea lI (1 ea �C- saa9 01` q BROADWAY. g 9 w t4a 4e 46 as . e° a e 1 o a BE 94:Be 60 90 92 94 88 I I; 1 1 � §j 41 lwvo awv•soar ol�vm aoaola000,a000. I I o l ( :/ Olty o q3 po° BI 83 86 1 87 89 91 93 96 1 97 POOP Bf09. To�I ° J g _1 69 ,444° Tp uac 96o°aa°atceao j e a a°'eaoo'a°a° ea°o Pl 6'I 0- a a3 a0 <e ' e0 a 30 60 ° °poo ° �¢ 1k at�V n ° P C(F Almy 6` p b'rjO 6e vpM''''p 6 a l06 es ea loo Sp I^•p A (ri rig los i es a1 ' Eos we STREET g `y h6 'o[r'S•`$ adj9a gL °ya°° y( o 171 so..A.,20; I la4. ID3: IOE 101 j a� j iO 2 2Da w P07 I EOB CA�Np` I 0 IH 24epo 1 / SIT 69 iie 4444 61 0a gi z ~ 11 6� •�\G.�11� �4+° \G R o ]Do : W01 W A6 NUJ 66 %`, $5° PG\F 3B6 ° apo so c " Q 9oo W ¢09 el° W 1 A'I • y4 °• d`�. ° Q �� ° 109 III 112 113 eon II6 e o `H ell ela I . A6 spa° • ti2 0 s3ao 6Daa - woo 'IN �4 86 A4 axw,6x30:ee3p A o erAp : a i 1^ j Ila X17 o 97 Z aa°p S ke 60 •\.o°°° eo 1 w eo eepo g e 1 a 1 soap RI A0 ^ e13 I W 1 kb a p6 6 0 , THIS PLAN IS INTENDED TD PRESa ,A MAPLE AVENUE g R g 0a I P14 1 1 Q I PLAN FOR LAYINa oUT THE PRGPR kQ v yP° 6p ao ea w e0 194 ea "ee 3 0 - 1 BUT THSOWNER RESERVES THE I Ila 216 I TIME TO CHANGE gNYOPTHE 9Ti p0 /ee 193 167 166 1 193 1648 O 124 � 1 I I 116 1 �.4.900 I 4a00 1O : LINES,BOUNDARIES,AND MEA91 l9e I81 ! OIOATED AND TO ALTER THE^-- ��° 9 94 b ,f b / �§ 1P3' IPP : 121 ,I2a, I I eoo4 vpoo IES A --1 OUT IN ANY P SS bO p H .� 6^00 I 1 118 I 'Iaoo 4eoo 211 8 I MTIDULAR. `b b1 �4• 'a ao 9�.! 6a0o " k- v 190 IBS1�-�--- `y6 b, A9 1ev "1 Q B 12S v 1 132 (� 4c00 r0o (}jJ 1 217 3 <O %6gA o \ a ? a �� b /�O 162 ~ 1217 °�IEB' 129! 130 131 av°�yl � g leg ' R lY el cp gs I Q opO 3D 'e b /p3 d a.0 °� was°iaee°I°;e°j 6000 V RIBS 1 les WI W ' p.Q ey /e„ 161 I 4900 4.00 '°O S QI9 I 0 • G1 TLS y6 re , , $ :g 184 f03 —'' 1� 0 b d3 /b q� ,°� R 14o a so • w 60 134 41- ate° --j 4Poo "'I I 2120 d ° ?e �2G �� 141v zIS9 1138 IST'IBBd R1 �"� root j 491 �I j EEI--II —�I awo'a600 lSeoo ^136 e� r o 4e_Do e a 4 sep I ¢2¢ 1 °s o 142 e e 2 > "� : lig I • 1 I . 343 ° 144, 143. 149 147.: 3000 17H 176• 1761 1 ITS k-a e I460a 6600 4400' K9 1 ° q W a a° nl_ e° to Ivo 0600 ea aaao eseo eaeo ew1.. 3,9 I p, p I a I ap A aakp,l6er ee 9e 40 p 99 6p PARK AVENUE g Salem, Mar.19, 1895. Rec. a Ent. in Essex This Plan is a copy. See Reg. Deeds So. Dist. original on file. ,. ATTEST: CHAS. S ncrnnn --- . �•'D.%� 11:.5 7:cf � — filitg of tzfelTll ittasilc ' se i � F'GJ e6 1 Dart aP �ppeal BK 1-. 06 PG 86 DECISION 01 THE PETITION DP ELEANO& i ROY LAPHAit'FOR A yb�I;A){�E, �J THE PROPERTY LOCATED AT 17 LUSSIER STREET (R-I) A.14aring on this petition vas held March 15, 1995 with the following Boe rd .fembers present: Gary M. Barrett, Coal raan(acting); Arthur Labreque, Joseph VVVc, Nine When and Albert Hill. Notice of the hearing was sent to abutters end others and notices of the hearing were properly published in theSales Evening News in accordance with Massachusetts General Laws Chapter ADA. y_ Petitioner, owner ofthe property located et 17 i Lus.sier Street requests a Variance from, lot size and a Variance from lot width requirements to allow _ .tonstruction of a two faaily dwelling. tD= The relict which has bee goaid thi}: n requested may be granted upon a finding of this to� g. ]. Spacial conditions and circuautances exist which especially affect the p- Lod, building or structure involved and vhich ire not generally affecting other land, buildings, or structures in the anae district. I. Liters2 enforcement of the provisions of the- Zoning-Ordinance would ' invalye substantial bardsh ip, financial or otherwise, to the petitioner. 3_ Desirable refoel:pay be granted without substantial detriment to the public good and without nullifying or substantially derogation from the Intent of the district or the purpose of the Ordinance. The petitioner, through Counselintroduced evidence as to the. existing 'dimensions of the abutting lots and the district in general and the financial hardship which the petitioner would endure if not granted the. requested relief. i The Hoard of A➢peal. after careful eonsiderstlons the evidence presented.a.r ' the hearing, makes chi following findings of fact: i .l. The property In question is vacant land consisting of approximately 3,250 square feet. 7. That the property is a corner lot located st the intersection of Lussier Street and Atlantic Street and the petitioner intends, per the plans submitted, to take frontage on Atlantic Street. 31 the adjacent lot on Atlantic Street, which is owned by the petitioner. houses A two family dwelling and is also 5,250 square feet. A. That a petition was submitted containing seventeen (17) names of persons who live in the isrediate neighborhood of the property, all of whom were in favor of the petitioner's request to construct a two family dwelling on the vacant lot_ 5. There was no opposition to the petition. b. That because this lot was not build upon previously, IrVere all of the". adjacent lots to the property, current zoning density requirements apply to this property and not the adjacent propertiesin this area. 7, That literal enforcement of the 15,000 square foot minimum lot size and i /99S" j f�ccisi.� DECISION OF THE"PETITION OF ELEANOR is ROY LAPW, FOR A VARIAA'cE FOR THE PROPERTY LOCATED AT 17 LDSSIER STREET (R-2) q page two 6l, 1M04 Fig ST the i0o foot lot width requirement would render this property vfrtuallr useLess causing substantial economic hardship to the owners 8. That the.Owners of the property and their familieshaveresided for several years, and do presently reside, in the neighborhood of the property. 9. That the Inc size of virtually'every property on Atlantic Streetisbetween 4,500 and 5,500 square feet and 50 to 55 feet of frontage. In That there are several multi-family dwellings located in this 2-2 dis tri ct. On the basis of the above findings of Pact, and.on- the evidence presented. at the bmarings, the Board of Appeal concludes 8s follows; - l. Special conditions exist which especially affect the subject properf and not the district in general. - - 2, Literal enforcement of the provisions of the Zoning Ordinance would involve substation hardship to the petitioner. 3. The request relief can be granted without substantial detriment to the public good and without nullifying and substantially derogating from the intent of the district or purpose of the ordinance.. Therefore, the Toning Board of Appeal voted unanimously '5-0, to grant the requested relief, subject to the following conditions; ' I. Petitioner shall comply with all city and state statutes, ordinances. codes and regulations. 2. All COnscruction shall be done as per the plans and dimensions - submitted. 3. All requirements of the Salem Fire Department, rulatire to smoke and fire safety shall be strictly adhered to. a. Petitioner shall obtain a building permit prior to beginning any construction. 5. Petitioner shall obtain proper street numbering from the City of Salem i Assessor's Office and shall display said number so as Co Da visiole ' from the street. 6. A Certificate of Occupancy is to be obtained. Variance Granted I ?arch 15, 1995 et s Joseph J, Me :r Board of Appeal,Member o_ z _ nx � L an N 4!-• } f I tpS,Iy� ? Gf.�R Of THIS DECIS10K HAS BEE$ FILED VITIT THE pLAHAiHC 80RA xh'D 1`RE ITY� AppeA from this decision, it any, &hall be made,parn0ant.to Section 17,of - the Massachusetts General Laws Chapter 4CA, end shill be filed within 10 days after the date of filing of this decision in the office.at the City Clerk. Pursuant to Massachusetts General Laws Ghapter 6DA, Section it. the Variance or Special Permit granted herein shall ,not take effect until a ' ropy of the decision Hearing the certification of the City Llerk.that 70 days have elapsed and no appeal has been filed, or that. if such appeal hes 'Seen filed, that it has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed undet the name of the owner of record or is recorded and noted on the turner's Certificate of Title. i Board of Appeal < ys .• i Odii �T v 1 l i t i , ..EV�_ Pl F61 30�neva aatpk.d afo4aWktPwinnemi Waa.raeairad, NO AM Lm boah-AW ki sfi a . r • N /A t y im Cgay - . tT1 .To " CLQ. S11h1n. Ixi:a. i', mm pswo E M. W. 19�lpTN�De r LOCUS MAP aur.i'+eoo' ammai ua[li trl leotrteta mrfno!w ndr rtuunm SAL -L.N B BO. :O (� 6M+BC co � uG-4�folN-a.l. '�•9r�� el�� a B' r 6 4� WpBB�q I 1 Ar(gr IC srREET panBEeiereJ vee Be Le PLFlW BOOKzb3 PLA MM I PLAN OF L,AIJO Na sirErran. Y)J I SALEM f• d. I �` ! fie odPu$ "' ROY K, & ELEANOR T. LAPHAM e g uin C PnwEd wwm Ia M44!r nw m w mm 9�TE efIIFET CAMMR�I' 1 EBII!AeAudi. - t!LI1LFll 8r16r-euna eA r BNL1 yf :testa �� CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS O1 970 �! TELEPHONE: 978-745-9595 BpO�P FAX: 978-740-9846 2CC9 SEP —I 1: 29 KIMBERLEY DRISCOLL MAYOR FILE ff CITY CLE11A.SALEM,MASS, September 1,2069 III III III 1111111111111111111111111111111111111 2009101900811 Sk:29001 Pg:60 Decisio 10/19/2009 02:45 VAR Ps 113 Ciryof Salem Zoning Board of Appeals Petition of ROY LAPHAM seeking Va ances fmm minimum lotarea, minimum tot area per dwelling unit, and minimum rear and front yard setback requirements to allow for construction of a two-family residence on tlhe�mperty located at 2 ATLANTIC STREET (AKA 17 LUSSIER STREET) in the Residential Two-Family Zoning District Petitioner seeks V. dances pursuant to the Salem Zoning Ordinance,56-4,.Table I: Residential Density Regulations. Statements of fact- 1, act1. Pau]Fermano, the project's architect,presented die petition. 2. In a petition dated July 29,2009,the petitioner requested Variances from minimum lot area, minimum lot area per dwelling unit,and minimum rear and front yard setback requirements to allow for construction of a rwo-familyresidence. 3. A:public hearing on the above mentioned Petition was opened on August 19,2009, prinuant to Mass General Law Ch, 40A,§§ 11. The pubic hearing was closed on August 19,'2009,with the following Zoning Board of Appeals members present: Robin Stein (Chair),Beth Debski,Becky Garan,Bonnie Belair(alternate),and Jimmy Tsitsinos (alternate). 4. Ai the.heaturg,Board members noted that the parking spaces shown on the plan were smaller than required and that no buffer was shown. They expressed their preference that the parking area be altered to meet These requirements and noted that relief from tandem parking would be necessary in order to allow for these changes. 5. No one voiced opposition to or'support of The petition at the meeting,and no letters regarding the project were received bythe Board from residents. 6. At its meeting on August 19, 2009,the Board of Appeals voted five (5) in favor and none (0)opposed to grant Variances under§6-4,Table I:Residential Density Regulations. f 2 The Board of Appeal, after careful consideration of the evidence presented a the'public hearing, and after thorough review of the plans and petition submitted,makes the following findings: L 'Desirable relief may be granted without substantial detriment to the public good and without;nullifying or substantially derogating from the intent or purpose of the zoning ordinance. 2, The applicant tmyvarythe terms of the tResidential Two-FamilyDisttict to ,Construct the proposed house,which is consistent with the intent and purpose of the Cityof Salem Zoning Ordinance. 3, .In permitting sucli change;the Board of Appeals requires certain appropriate conditions and safeguards as noted below. On the basis of the above fi 4'gs of fact and all evidence pirsented at the public bearing including, but not limited to,the Plans,Documents and testimony,the Zoning Board of Appears concludes: 1, To allow for the construction of the two-familyhouse as proposed,the requested Variances from dimensional requirements for structures it the Residential Two- Familyzone are granted. Additionally,relief from parking requirements is granted to allow for four(4) tandem parking spaces. In consideration of the above,the Salem Board of Appeals voted,five (5)in favor(Stein; Curran,Belair,Debski arfd Tsitsicoa) and none (D)opposed,togrant petitioners requests for Variances subject Lathe following terms,conditions, and safeguards: 1. Petitioner shall complywith all city and state sratutes,ordinances,codes and regulations. 2. All construction shall'bc done as per the plans and dimensions submitted to and approved by-the Building Commissioner- 3.. All requirements of the$4rn Fire 1:'epaiuntnt relative to smoke and fixe safety shall be strictly adhered to. 4. Petitioner shall obtain a building permit prior to beginning any construction. S. A C�ttificate of Occupancy is to be obtained. 6. A..Cerdficate of Inspection is to be obtaimd 7. Petitioner shall obtain street numbering from the City of Salem Ass'essor's Office and shall display said number so as to be visible from the street. & "Petitioner is to obtain apprtnal.from anyGtytoard'or Commission having jurisdiction incltrding,'but not limited to,the Planning Board 3 9. Petitioner is to provide a landscape plan with construction drawings prior to issuance of a building penrut, Robin Stem, Uarr Salem Zoning Board of Appeals A.COPY QF7fffS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appealfrom this decision,if any, shall be made pursuant to Section 17 of the iviassachusem General Laws Chapter 40A,and shall be filed vithin 20 days of filing of this decision in the office of the City Clerk Pursuant to the 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 has been filed with the Essex South Registry of Deeds. Date QGT 15 thereby certify that 20 days hAve expired from,the date this instrument was received, ane that NO!,,, --AL.has been filed In thIS office. ATrue Copy ATTEST'.—CITY C EP.K, Salem, Ulass. IK ...w.. PLOT PLAN & LAND IN SALEM, MA., DATE: 7-27-09 SCALE: T' =.;30' OFFSETS SHOWN ARE APPROXIMATE BY TAPE SURVEY BAY STATE SURVEYING ASSOCIATES INC. 109 CUMMINGS CENTER, SUITE#316U BEVERLY,MA., W915 1 gym ' , N �4 } 10, ` . 7-'y'o � .� sz,so is o Lc7 AsSzS0 � — —� 1 2lIC 0 x 1 U q .off a o a ( 15' I1, 4 g sz.sv sz.s`o .7G- A//rl 7� m i a vnu_u�acaw<_n�at� i I STET IDETb TourIXfL YdHiS ��� ) r.� -77 R • '. —... ...••._..•••.•. rl• R4fAXY1CYMlZ WIW.n• �^ - —I I LU551ER 5IIi �� €€ ly- i2 ¢ fY 1 IHIW i I Iii i'Ii�i•, ii, lj it j hi MI ED i ill f 1 I Ij�l:Mill LIJ uj uj L I i 1 , EG 4T.1:'-e—. - a 15'Mitt i ND,I yin Rear Yard Y_Ibock19 r -Ora Yard set�m& I Eli FL 25 p aVVA N I 1 1 .._ W, —" tee? t { I Ji �a•,� i f3 i P -� � • i je- 2rO ���KC i , � 2 129'.<7wls.w r ,ko � 1 ATLANTIC 5-1 RE -=T r"ZJ 4 2 a s' In e 7 70 CITY OF SALEM, MASSACHUSETTS d BOARD OF APPEAL IIIIIIIIIIINIIIIIIIINIIIIIIIINIICil�lilll� 120WASHINGTON STREET, 3RD FLOOF SALEM, MASSACHUSETTS 01970 201001190040B Bk;29611 Pg;162 B llO�P TE-EPHONE: 978-745-9595 01007/010 @8 B :2PIR 61 1/1 FAX: 978-740-9846 I,' p KIMBERLEY DRISCOLL MAYOR O Zt IO .l�JL —U ti= 18 U Decision to Extend City of Salem Zoning Board of Appeals Petition of ROY LAPIfAM requesting Variances from minimum lot area, minimum lot area per dwelling unit, and minimum rear and front yard setback requirements to allow for construction of a trio-family residence on the property located at 2 ATLANTIC STREET (-AKA 17 LUSSIER STREET)in the Residential Tlvo-Family Zoning District. July 30,2010 Pam Shuts AtFvRGildF�l RE~RE REL�UESTED 1 Lussier Street 0190 � Salem,MA 01970 Lz(10K ��jga Re: 2 Atlantic Avenue'(AK-k I7 Lussier Street) Extension of Variance On Wednesday, August 19, 2009, the Zoning Board of Appeals of the City of Salem voted in favor to approve the application of Roy Lapham, '2 Atlantic Street (AKA 17 Lussier Street); Salem, MA, for Variances from minimum lot area, minimum lot area per dwelling unit, and mirunitnn rear and front yard setback requirements to allow for construction of a hvo-family, residence in the Residential Two-Family Zoning District. A Decision dated,September 1, 2009 was filed with the City of Salem Clerk'a Office on September 1,2009. ShlcL the issuance of the Variances, the property has been deeded from Roy Lapham to Pam Shute: The Decision invalid for one year from the date of the Decision unless extended by the Board. On June 16, 2010, the Salem Zoning Board of Appeals voted unanimously to extend.the variances granted on September 1,2010 for six (6)months to March 1,2011. A COPY OF THIS DECISION TO EXTEND HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK, Robin Stein,Chair Salem Zoning Board of Appeals Pursuant to the Massachusetts General Laws .Chapter 40A, Section 11, the Variance or Special Pernvt gbanted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has been filed with the Essex South District Registry of Deeds. ij � 115'J _� - 20/a4e 3ioH