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21 VALLEY STREET & 15 CHERRY HILL AVENUE - ZBA z valla.� s1 AS GhQx�j �i11 A,re . t i Zoning Board Proiect Status Sheet Address & Applicant: 2I V(Aoy C�- k S ��1�� �1tP. I W( vr(AV`� Date Submitted to BOA: 2,/251;2Ak4 mi Clerk Stamp: Z/ZS /?100 Variances Only - Constructive Approval Date: (1Oo days from filing) � /C, a1 Abutters List Requested: R/�'Abutters Notice Sent: Notice to Abutting Cities & Towns, Councillors: ❑ Legal Notice posted at City Hall: (u da,s before mee,inp,) I ' ❑ Legal Notice Emailed & Confirmed: ❑ Legal Notice Posted on Web: ❑ Agenda to Applicant: Applicant's email address or fax number to send agenda: Opened at Meeting: 4j 3/I I /7,0! 4 Continued Meetings: 4/IJ61 Extension Form(s) Signed & Clerk Stamped? Closed at Meeting: Decision: Decision Filed: Appeal Period Over: after dcckioo filed) " ❑ Decision Sent to Applicant: ❑ Notice of Decision Sent to abutters, cities and towns, councillors: 0*lzve"'w CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 120 WASH1NG'rON S'ncrurr ♦ SAl FNI,AL\SS cci uisrrrs 0111M MAY 20 A 10. 35 KIN113aal.ta'Dktscoti, Tii F::978-745-9595 ♦ FAX:978-740-9846 JLnOR f iLE 4 CITY CLERK, SALEM, MASS May 20, 2014 Decision City of Salem Board of Appeals Petition of ANDREW PERKINS requesting Variances under Section 4.1.1 Table of Dimensional Requirements of the Salem Zoning Ordinance to grant relief from the minimum lot area, minimum lot area per dwelling unit, minimum lot frontage, and minimum lot width requirements for the property located at 15 CHERRY HILL AVENUE and 21 VALLEY STREET (111 Zoning District). A public hearing on the above Petition was opened on March 19, 2014 pursuant to M.G.L Ch. 40A, � 11. The hearing was continued to April 16, 2014. The hearing was closed on that April 16, 2014 with the following Salem Board of Appeals members present: Ms. Curran (Chair), Mr. Dionne, Mr. Duffy, Mr. Watkins, and Mr. Copelas (Alternate). The Petitioner seeks Variances from Section 4.1.1 Table of Dimensional Regnimments of the Salem Zoning Ordinance. Statements of fact: 1. In the petition date-stamped February 25, 2014, the Petitioner requested Variances to grant relief from the minimum lot area, minimum lot area per dwelling unit,minimum lot frontage, and minimum lot width requirements of the Salem Zoning Ordinance, to allow 15 Cherry Hill Avenue to be recognized as a separate parcel, and to allow for construction of a separate single-family dwelling at 15 Cherry Hill Avenue, in addition to the existing single-family dwelling at 21 Valley Street. The establishment of 15 Cherry Hill Avenue as a parcel separate from 21 Valley Street would result in a reduction in the total lot area of the 21 Valley Street parcel, causing it to become nonconforming, with less than the required minimum lot area and required minimum lot area per dwelling unit, and requiring the granting of a Variance by the Board of Appeals. 2. The two lots — 15 Cherry Hill Avenue and 21 Valley Street — were created as separate legal lots in a 1925 subdivision plan. In the 1920s a building was constructed at 21 Valley Street, while 15 Cherry Hill Avenue remained vacant. Since that time, the dimensional requirements of the Salem Zoning Ordinance have changed, so the two lots became under-sized and non-conforming. As the two lots have been under common ownership, they have been merged into one lot for zoning purposes. 3. Attorney Scott Grover presented the petition on 15 Cherry Hill Avenue and 21 Valley Street. 4. On April 14, 2014, the petitioner submitted to the Board a written request to modify the submitted petition. The petitioner had reached an agreement to convey the vacant lot at 15 Cherry Hill Avenue to Richard and Nancy Pelletier, owners of the abutting property at 17 Cherry Hill Avenue, who would maintain 15 Cherry Hill Avenue as a vacant lot. The petitioner therefore requested to withdraw that portion of the petition relating to 15 Chem Hill Avenue and to grant the relief requested as to 21 Valley Street only. 5. The requested relief, if granted, would allow the Petitioner to convey 15 Cherry Hill Avenue as an non-buildable lot to Richard and Nancy Pelletier, causing it to be merged with 17 Cherry Hill Avenue, and would allow 21 Valley Street to exist as a nonconforming lot, with less than the required 15,000 _. L\.- ;_,,w City of Salem Board of Appeals May 20,2014 Project: 15 Cherry Hill Avenue and 21 Valley Street Page 2 of 2 square foot minimum lot area and less than the required 15,0000 square foot minimum lot area per dwelling unit, having only a 6,681 square foot lot area and a 6,681 square foot lot area per dwelling unit. The 21 Valley Street lot will remain nonconforming to the Salem Zoning Ordinance requirements with less than the required minimum lot frontage and minimum width of side yard, and those nonconformities would remain. 6. At the March 19, 2014 public hearing, Richard and Nancy Pelletier of 17 Cherry Hill Avenue and an additional abutter expressed their concerns about the petition. At the April 16, 2014 public hearing, Richard and Nancy Pelletier expressed their support for the modified petition, as did Ward 4 Councilor David Eppley. 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 that the proposed project meets the provisions of the City of Salem Zoning Ordinance: Findings 1. The existing parcel, consisting of 21 Valley Street and 15 Cherry Hill Avenue,is an irregular shape. 2. Literal enforcement of the provisions of the Ordinance would be a substantial hardship. 3. The condition placed upon the approval, establishing 15 Cherry Hill Avenue as a non-buildable lot, allows the desired relief to be granted without substantial detriment to the public good. 4. The desired relief may be granted without nullifying or substantially derogating from the intent or purpose of the City of Salem Zoning Ordinance. On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5) in favor (Mr. Watkins, Ms. Curran, Mr. Dionne, Mr. Duffy, and Mr. Copelas) and none (0) opposed, to grant the requested Special Permit to allow the conveyance of 15 Cherry Hill Avenue as a non-buildable lot to Richard and Nancy Pelletier of 17 Cherry Hill Avenue, and to allow 21 Valley Street to exist as an undersized lot,with less than the required 15,000 square foot minimum lot area and less than the required 15,000 square foot minimum lot area per dwelling unit, subject to the following terms, conditions, and safeguards: 1. The Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. 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. 3. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board 4. The lot at 15 Cherry Hill Avenue shall be combined with 17 Cherry Hill Avenue, and shall be a non- buildable lot. Rebecca Curran, Chair Board of Appeals A COPY OF THIS DECISION 1-1_-1S 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 A-lassachusetts General Laws Chapter 40A, and Tall he filed within 20 days of filing of ibis decision in the ofiie of the Cjy Clerk. Pursuant to the Massachusetts General Lams Chapter 40A, Section 11, the I ancn,e or Special Permit granted herein shall not take eSect unid a copy of the decision hearing the certificate of the Cite Clerk has been filed with the Essex South Registry of Deeds. TINTI, QUINN, GROVER & FREY, P.C. 27 CONGRESS STREET,SUITE 414 WILLIAM J TINTI SALEM,MASSACHUSETTS 01970 tinti@tintilaw.com WILLIAM B.ARDIFF(1965.1995) WILLIAM F.QUINN TELEPHONE WdhamFQwnn@aoLcom (978)745.8065 • (978)744-2948 MARCIA MULFORD CINI OF COUNSEL SCOTT M.GROVER TELECOPIER JOHN D.KEENAN smgrover@tintila�v.com (978)7453369 OF COLNSEL MARC P.FREY www❑ntrlawxom JERALD A.PARISELLA mpfrey@tmulaw.com OF COUNSEL JONATHAN M.OFILOS Jofilos@ttnttlaw.com THOMAS J.HOGAN tjhogan@nntrlaw.com MARCY D.HAUBER mhauber@nmilaw.com April 14, 2014 Rebecca Curran, Chairperson Zoning Board of Appeals City of Salem 120 Washington Street Salem, Massachusetts 01970 RE: 15 Cherry Hill Avenue, Salem, MA Dear Ms. Curran: I am writing to request that the Board of Appeals consider a modification to the petition of Andrew Perkins, Trustee regarding the above referenced property. As a result of the public hearing on the matter, Mr. Perkins has reached an agreement to convey the vacant lot at 15 Cherry Hill Avenue to Richard and Nancy Pelletier,who own the abutting property at 13 Cherry Hill Avenue. The intention is to declare the vacant lot unbuildable and to combine it with the Pelletier's property. The variances requested relating to 15 Cherry Hill Avenue will no longer be necessary and the only relief required to accomplish the transaction relates to the land and building at 21 Valley Street which had merged with the vacant lot. The conveyance of the vacant lot to the Pelletier's will diminish the size of 21 Valley Street and increase its non-conformity. Therefore, Mr. Perkins requests that the Board allow him to withdraw that portion of the Petition relating to 15 Cherry Hill Avenue and to grant the relief requested as to 21 Valley Street only. I look forward to discussing this matter with you further at the continued public hearing. ZVe ours, ott . Grover SMG/dlg VALLEY STREET 50.00' a I .- 7.0= NO. 21 ZONING DISTRICT — RESIDENTIAL 1 FAMILY � SETBACKS do ZONING REQUIREMENTS I REQUIRED EXISTING R NTA(:F 100' 50' LOT SIZE 15.000 S.F 6.681 S.F. I FRONT 15' 17.4' ISIDE 10' 7.0' IREAR 30' 78.5' i� DECK w ct STOW GE SHED n/f CYNTHIA NAPIERKOWSKI n/f WILLIAM LARUE 6,681 S.F. Lo c6 49.62' LOT 529 6,659 S.F. rr: n/f NANCY PELLETIER n/f 2013 HANTZOPOULOS —7 FAMILY TRUST w v o © re 19, © tO V a PROPOSED FOUNDATION 2'-- o I NO. 15 al w 0 a ZONING DISTRICT — RESIDENTIAL 1 FAMILY a SETBACKS do ZONING REQUIREMENTS I REQUIRED PROPOSED 25 PLOT PLAN RQNjAG€ 100' 50' �-12.3�— t 12.3— ILOT SIZE 15.000 S. 6.659 S.F. �N F. IFRQNT 15' 20.3' ? SALEM , MA (SIDE 10' 12.3' N J)AI" IREAR 30' 67.5' ` _ �to' 100FVAsse4y PREPARED FOR 50.00' �� DENNISJ N VALLEY STREET HILL AVENUE � M�aNUs c�,ERRY 0.304C REALTY TRUST 1 = 20 FEB. 28, 2014 LAW LANDMARK ENGINEERING & SURVEYING, INC. 58J CHESTNUT STREET o' 20' 40' 60' LYNN, MA 01904 --- (781)592-7016 DATE.• I REVISIONS: I JOB NO. 13147C