0 MARLBOROUGH ROAD - BUILDING INSPECTION MARLBOROUGH ROAD R:.
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William H. Munroe .
One Salem Green
745-0213
June 25, 1985
Joyce & Ron Mallard
58 Cleveland Street
Arlington, MA 02174
RE: Lots 294 & 295 Marlborough Road
Dear Mr. & Mrs. Mallard:
As per your request I have reviewed your building plans and
Plot Plan submitted for Lots 294 & 295 Marlborough Road, Salem.
Please be advised that a permit cannot be issued for these lots
due to lack of lot area and lot frontage. Section VIII-B of the City
of Salem Zoning Ordinance states, in part, that a buildable, noncon-
forming lot must have, at least, five thousand (5000) square feet of
area and fifty (50) feet of lot frontage.
If I may be of further service in this matter please contact me.
Sincerely,
William H. Munroe
Inspector of Buildings
Zoning Enforcement Officer
WHM:bms
3 6180 Marlborough Road variance.. "' in court
S A G c M /Nt ku S
SALEM — A.granting of a A 'minimum building lot in variance would not adversely
variance by the Salem Board that areais15,000 square feet. affect the neighborhood.
of Apppals to a-Marlborough 'Each lot is to have 100 feet of One lot will have a frontage- °•'
Road property owner to'•con-'-frontage.; - . of 144.8 feet and the other will..
vert five small lots into two The Appeals Board in a Dec -ha"ve 155 feet. Each will have s
lots for the construction of .19. decision granted the about 12.000 square feet of
houses has been appealed to, variance.by a 41 vote John 'land. "
- SuperCivil Court [,'. Nutting,:now a-Ward 7 coun-
Joseior ph M. Tauraso 2 Vista 'c61or, voted against the
Ave.,an abutting propertyow ,'variance: �-
k' I ner.:filed-the appeal against ` .Tauraso and big lawyer; X 7
i the Appeals Board and George,?Peter C.J)iGangi of Beverly,
r..•;„ R. Tilton. The latter has an_.;,,said- the.-variance. and
agreement to buythe.,.land'.-.*oposed construction will'ad- - - ->
- from Albert,W. .and Ann.:V. verse Iv affect=?` :-the -
Hamilton, 60 Green St Dan neighborhood.''DiGahgi,'`said -
vers. �,>. ---the.Appeals-Boardfailed. to
The five lots-lack adequate ;�j- !ce`a finding of a:substan-
' - -
frontage and square-footage.y, tial hardship to Tilton.: ,
--
The Appeals Board .ruled _
the area in general Ma.homes - -
ori less.than 15,000-square feet
'` of land. The board said the
- 13
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RECEIvf_D
4 � narpt ,afDB s;K 779
Zn 1 1 g ,
DECEMBER 19, 1979 CITY. FC�L��E-;�,',-� OFFICE
DECISION ON THE PETITION OF GEORGE R. .TILTON REQUESTING A VAR114 Ni8TS
#353, -#354, #355, #356 and #357 MARLBOROUGH ROAD.
A hearing on this Petition was held on December 19, 1979 with the following
Board Members present: James H. Boulger, Jr. , Chairman, Messrs. Nutting,
LaBrecque, Feeherry, and Associate _Member _Luainski. Notices of the hearing
were sent to abutters and others and a notice of the hearing was published
in the Salem Evening News on December 5 and 12 in accordance with Massachusetts
General Laws, Chapter 40A. -
' 1
The Petitioners have requested a variance for the property designated
As Lots X353, #354, #355, #356 and #357 Marlborough Road to combine these
five small lots into two lots each having a frontage of 150 feet and an area
of approximately 13,500 square feet. A variance is required because the lots
are in an R-1 district where building lots must have an area of 15,000 square
feet with 100 feet of frontage.
The Board of Appeals, after consideration of the evidence presented at .
the public hearing makes the following findings of fact:
1: . The property in question is divided into five small lots, none
of which has sufficient area or frontage for single-family dwellings.
2. The area surrounding the property has, in general, homes which
are situated on lots with an area less than 15,000 square feet.
3. The requested variance does not adversly impact upon the privacy
of any abutters.
On the basis of the above findings of fact, and evidence presented at
the public hearing, the Board of Appeals concludes as follows:
1. Previously the 5 lots in question were each suitable for construction.
-of a single family dwelling. The lots have become a single lot by
the operation of the zoning law.
2. The conditions described above especially affect the land in question
but do not generally affect the zoning district in which the land
is located.
3. The conditions described above which affect the land in question,
but not the zoning district generally cause the following special
hardship; without variance, the land cannot be developed in a
.manner consistent with the surrounding neighborhood. -
4. The desired variance may be granted without substantial detriment
to the public good.
Chi of ` ttlEm1 assay seffr:
?3q=b of (lpprttl DEC Za tis YN '79
CITY E.'!._ .ii S OFFICE
SALEM. MASS.
PAGE TWO DECISION- GEORGE R. TILTON - LOTS #353, #354, #355, #356, &
#357 MARLBLROUGH ROAD -
Therefore, the Board of Zoning Appeals by a 4-1 vote with`Chairr"an _ _
Boulger, Messrs. LaBrecque, Feeherry, and Luzinski voting in favor and
Mr. Nutting opposed, approves the granting of the requested relief and
grants a variance to the petitioners on the follwing terms and conditions:
The three lots in question can, conditioned upon the approval of the
Planning Board be combined in accordance with the plans submitted to this
Board into 2 lots,::Lot A with a frontage of 144.87 feet, and Lot B with
a frontage of 155.13 feet, and each with approximately 12,000 square feet
_.. -
" of area.
GRANTED
Anthony M. F eherry
Acting Secr tary -
APPEAL FR311 THIS DECISION, IF ANY. SHALL BE MADE PURSUANT TO SECTIO.I 17 OF THE MASS. _
GENERAL LAWS. CFA-T='l V3. AND SUALL GE Fii.E 1:1�HIPi 20 DAYS AFI
THE DATE OF FILING -OF THIS DEISi011 1.1 THE O'SICE OF THE CITY C! 'R. -
PU?S!'diT TO ldASS. GE'::;.�,: L4'!S. C:'A?TER -3. S° '!GN !i. THE 4AMM!CE uP S?EC!A' -P°R.dT
GRANT-'D Y. .';E:':, $I:rLL aDT in:iE 'FF.CT V::1!L A C,',Tf OF Tk_D�Ci:1O�l. R.,4n tiS THE CERT-
FICATION OF TME CITi CLE6<-TB.It 2U D"S.Hf: ELl??=O ::}] i4J APPEAL HAS GSE;I-FI•�D,
-OR THAT, IF SUCH AN A?P:AL'HAS 52Ei: Fl!E, TiG F c S CEEH DiS'215SED CR OENiEO IS -
RECORDED IN THE SDJiH ESSEX RE131glY 0 DEED; AND V'DEXED UNDER THE NMAE OF THE OWNER -- - -
.OF R`ZCOTTD OR I$ R4CORDED AND NGTEO ON THE GYli;i[R'S CERTIFICATE OF TITLE. - - -
BOARD OF APPEAL
A COPY OfThis DECISIOV HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK