35 MARLBOROUGH ROAD - SEE FILE 31-33 - BUILDING INSPECTION Ice
35' MARLBOROUGH ROAD �(�
(Citu of -`3rttlem, � ttssttrlTus # s `'
✓�Raara of c uFPcal '95 eAR —6 P4 :1
DECISION ON THE PETITION OF THOMAS M. DONOVAN, TRUSTEE Oi+'?HE, TRAPPE�R,' 'CE
REALTY TRUST REQUESTING REVIEW OF THE DECISION OF THE ZONINtY`
ENFORCEMENT OFFICE FOR THE PROPERTY LOCATED AT:35'MARLBOROUGH_ROAD,,
(R-1)
A hearing on this petition was held January 18, 1995 and was
continued on February 15, 1995 with the following Board Members
present: Stephen Touchette, Chairman; Gary Barrett, Nina Cohen,
Albert Hill and Associate Member Arthur Labrecque. Notice of the
hearing was sent to abutters and others and notices of the hearing
were properly published in the Salem Evening News in accordance with
Massachusetts General Laws Chapter 40A.
Petitioner, owner of the property, located at 31 Marlborough Road ,
was requesting enforcement of the Salem Zoning Ordinance and
revocation of the occupancy permit for the property located at 35
Marlborough Road for the reason that the 35 Marlborough Road property
lacks sufficient area and frontage to conform to the R-1 district
requirements .
The relief which has been requested may be granted upon a finding by
this Board that:
1. The lot known and numbered as 35 Marlborough Road does not meet
the minimum lot size of 15,000 square and minimum frontage of 100
feet as now required in an R-1 zone; and
2. The Building Inspector erred in failing to revoke the Occupancy
Permit for the 35 Marlborough Road property.
The Board of Appeal, after careful consideration of the evidence
presented at the hearing, makes the following findings of facts:
31 Marlborough Road
1. By deed dated November 23, 1970, Lionel J. Bouchard and Louise
Bouchard acquired title to the lot at 31 Marlborough.
2. By deed dated January 13, 1987, Louise Bouchard conveyed title to
the 31 Marlborough Road property to Robert Bouchard, Trustee, of
the Marlborough Street Realty Trust.
3. On September 30, 1994, Robert Bouchard, Trustee, conveyed the 31
Marlborough Road property to its current owner, the Trapper
Realty Trust.
35 Marlborough Road
4 . The property known as 35 Marlborough Road was acquired on
February 9, 1965 by Lionel J. and Louise Bouchard.
5. Lionel Bouchard died on August 8, 1972, and by operation thereof
Louise Bouchard became sole owner of the 35 Marlborough Road
property.
6. By deed dated November 13, 1986, Robert M. Bouchard acquired
title to 35 Marlborough Road.
DECISION OF THE PETITION OF THOMAS M. DONOVAN, TRUSTEE OF TKE.TRAPP,ERr_
REALTY TRUST REQUESTING THE REVIEW OF THE DECISION OF THE Z-?)r4NG_
ENFORCEMENT REGARDING THE OCCUPANCY FOR THE PROPERTY AT 35
MARLBOROUGH ROAD (R-1) '95 MAR -6 P4 :10
page two
7. On July 7, 1994, Robert Bouchard, conveyed the 35 Meq) Grougb•,,
�
Road property to its current owners, Richard and Cherisf��de'rsoq._[ �"'CE
8. 35 Marlborough Road is reflected as Parcel 73 on Assessors` Map
8, and 31 Marlborough Road is reflected as Parcel 71 on said
Assessor;s Map 8 .
9. 35 Marlborough Road and 31 Marlborough Road are adjoining lots.
10. 35 Marlborough Road and 31 Marlborough Road were held in common
ownership commencing on November 30, 1970 by Lionel J. and Louise
Bouchard.
11. 31 Marlborough Road is a lot of approximately 5064 feet
12. 35 Marlborough Road is a lot of approximately 13,873 square feet.
13. In 1977, the Salem Zoning Ordinance was changed. Said zoning
change increased the minimum lot size from a minimum of 7000 sq
feet to 15,000 square feet in a R-1 district.
14. Lionel and Louise Bouchard resided in a house situated on the
property at 35 Marlborough Road. Said home has been occupied
since that time, if not earlier, though this date. As of the
date, Richard and Cheri Anderson reside in the house situated on
the 35 Marlborough Road property.
15. Councilor Leonard O'Leary, Ward 4, opposed the petition.
16. Richard and Cheri Anderson, 35 Marlborough Road, opposed the
decision.
17. A letter dated February 2, 1995 from Robert LeDoux, City
Solicitor to Stephen Touchette, Chairman, Board of Appeals, was
made part of the record.
18. A legal memorandum on behalf of Thomas Donovan, Trustee of the
Trapper Realty Trust was submitted as requested by the Board, and
was made part of the record. No such memorandum was submitted on
behalf of the petitioner.
On the basic of the above findings of fact, and on the evidence
presented at the hearings, the Board of Appeal concludes as follows:
1. The lots known as 31 Marlborough Road and 35 Marlborough Road
respectively merged in common ownership as of November 30, 1970.
2. As of the date of the 1977 Amendment to the Zoning Ordinance for
the City of Salem, both lots known as 31 Marlborough Road and 35
Marlborough Road respectively were non-conforming lots in as much
as the new Zoning Ordinance required a minimum lot size of 15,000
square feet.
3. As of the date of the 1977 Amendment to the Zoning Ordinance for
the City of Salem, the lots known as 31 and 35 Marlborough Road
were held in common ownership; said lots having been held in
common ownership since November 30, 1970.
4. The conveyance of the 35 Marlborough Road property to the
Andersons improperly subdivided the 31 and 35 Marlborough Road
DECISION OF THE PETITION OF THOMAS M. DONOVAN, TRUSTEE OF THE TRAPPER
REALTY TRUST REQUESTING REVIEW OF THE DECISION OF THE ZONING
ENFORCEMENT OFFICER FOR THE PROPERTY LOCATED AT 35 MARLBOROUGH ROAD
R-1 r,� ,. ;•.•. ...
page three
5. The house located on the 35 Marlborough Road property hb ��gg
occupied as a single family residence at least since t da�'V4 P4 :10
its ownership by Lionel J. and Lousie Bouchard to the present
date. C" " i ^ n-;ICE
6. The Building Inspector committed no error in refusing to EEAUake c
the occupancy permit for the property at 35 Marlborough Road.
Therefore, the Board of Appeals originally voted two (2) in favor,
three (3) opposed to motion to grant the Petition of Thomas M.
Donovan, Trustee of the Trapper Realty Trust seeking enforcement of
the Zoning Ordinance and the revocation of the occupancy permit
for the property located at 35 Marlborough Road. Having failed to
garner the required four (4) affirmative votes to pass, the petition
is denied. Upon reconsideration, the Board voted zero (0) in favor,
five (5) opposed to aforementioned motion to grant, and the petition
was denied.
Petition Denied2���'Sc��
February 15, 1995 1
Gary M. Barrett
Board of Appeal
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 after the date of filing of this decision in the
office of the City Clerk. Pursuant to Massachusetts General Laws
Chapter 40A,Section 11, the Variance of Special Permit granted herein
shall not take effect until a copy of the decision bearing the
certification of the City Clerk that20 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
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alltu of 'Salm 'Mass"husett8
June 14, 1967
Pam r. eftaAw
Mr. Lionel Bouchard,,
35 Marlborough Road,
Salem, Massachusetts
Dear Sir:
After receiving complaints in this office regarding conditions !'
existing at this location, I gent there and inspected the property.
I found that you are storing motor vehicles on these premises. This
district is zoned for single family residences, and storing vehicles
is in violation of the City of Salem Zoning Ordinance.
Please consider this your official notice to remove these ve-
hicles immediately, and avoid any further action from this office.
Very truly yours,
DJOB:cc
nspector _ingsga `�
D
yap" Tito of $Ulem, A,ass r4usrtts
' Public Vrayertg Pepartritent
s P uilain ttrtztertt
Richard T.' McIntosh
One Salem Green
745-0213
July 11 , 1984
TO WHOM IT MAY CONCERN:
RE: Lot #73 Assessors Map #8
The above referenced lot is determined to be a
nonconforming lot in that it has at least 5 ,000 Sq . Ft .
and 50 Ft . of frontage and may be built on in accordance
with the current Zoning Ordinance.
Very truly,- yours,
Richard T" .;McIntosh
Zoning Enforcement Officer
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