SZETELA LANE FORT AVENUE - ZBA u ; c4- -s
oq� CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01 970
TELEPHONE: 978-745-9595
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FAX 978-740-9846 �7�t�,
KIMBERLEY DRISCOLL 2010 mArn 1� A 110: 58
MAYOR
CP Y CL i_�.�atSt..L
March 15, 2010
Decision
Petition of SHALLOP LANDING AT COLLINS COVE PARTNERSHIP, LLC
requesting to modify previously granted variances in order to achieve Planning
Board compliance. Modifications are proposed from the following previously
granted relief: minimum lot area, lot width, frontage, depth of front yard, width of
side yard, depth of rear yard, and lot coverage. The modified project includes
construction of a proposed public roadway, with certain private amenities, ending in
a cul-de-sac and fifteen single-family residences on land between SZETELA LANE
and FORT AVENUE (R-2).
A public hearing on the above petition was opened on March 1, 2010 pursuant to
Massachusetts General Law Ch. 40A, Sec. 11. The following Zoning Board members were
present: Elizabeth Debski,Annie Harris, Bonnie Belair, and Jimmy Tsisinos.
The petitioner, Shallop Landing at Collins Cove Partnership, LLC, sought amendments to
Variances issued by Board of Appeals on September 16, 2009 from m nimum lot area, lot
width, depth of front yard, width of side yard and depth of rear yard to construct fifteen (15)
single family residences on land between Szetela Lane and Fort Avenue, Salem in the
Residential Two Family(R-2) zoning district. Dimensional changes to the originally
approved plan were proposed in order to comply with changes required by the Planning
Board.
The Board of Appeals, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the Petition submitted, makes the following findings
of fact:
1. Attomey John R Keilty represented the petitioner at the hearing.
2. In a petition dated January 7,2010,petitioner requested changes to the
dimensions of the originally approved plan. New plans and dimensions
accompanied the petition. The revised plans were dated January 2, 2010.
3. Attorney Keilty explained that the petition is before the Planning Board for
subdivision approval, and that the changes in dimensions were necessary in order
to widen the roadway, making it compliant with City standards, at the request of
the Planning Board.
4. The dimensional changes would result in the decrease in area of four of the lots,
and the increase in area of the remaining eleven lots.
On the basis of the above findings of fact, including all evidence presented at the public
hearing, including, but not limited to, the Petition the Zoning Board of Appeals concludes as
follows:
1. 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, as the petitioner's amendments to the originally approved
plan are minimal.
2. The applicant may vary the terms of the Residential Two-Family Zoning District
to construct the proposed project according to the amended plan, which is
consistent with the intent and purpose of the City of Salem Zoning Ordinance.
3. In permitting such change,the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
In consideration of the above, the Salem Board of Appeals voted, four (4) in favor (Debski,
Harris, Belair, Tsitsinos) and none (0) opposed to grant the requested amendments to the
Variances issued on September 16, 2009 from minimum lot area, lot width, depth of front
yard, width of side yard, and depth of rear yard, subject to the following terms, conditions,
and safeguards:
1. All conditions required by the September 16, 2009 decision shall remain in effect.
2. All construction shall be done as per the submitted plans and dimensions dated
January 4, 2010.
Elizabeth Debski
Salem Zoning Board of Appeals
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 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 that 20 days have elapsed and no appeal has
been filed, or that, if such appeal has been filed,that it has been dismissed or denied and 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.
I HEREBY CERTIFY THAT THIS PLAN CONFORMS
\�\J� TO THE RULES AND REGULATIONS OF THE
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Gp�o ti OF MASSACHUSETTS.
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RECORD OWNERS FOR REGISTRY USE ONLY
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LAND OF LIVINGSTON
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ASSESSORS MAP 41 PARCELS 235,236.243,244,246 AND 274
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