96 MARLBOROUGH ROAD - BUILDING INSPECTION 711.E[ll�
UPC 10333
No. 153L-3
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I;Certificate No: 402-2003 Building Permit No.: 402-2003
Commonwealth of Massachusetts
City of Salem
Building Electrical Mechanical Permits
This is to Certify that the RESIDENCE located at
... ................- - -
Dwelling Type
0096 MARLBOROUGH ROAD in the CITY OF SALEM
Address Town Town/City Name
IS HEREBY GRANTED A PERMANENT CERTIFICATE OF
OCCUPANCY
NEW SINGLE-FAMILY HOME
This permit is granted in conformity with the Statutes and ordinances relating thereto,and
expires _ _ _ -unlesssoonersuspended or revoked.
Expiration Date
Issued On: Thu Jun 5,2003 ----- -----:------------
GeoTMS02003 Des Launers Municipal Solutions.Inc.
Certificate No: 402-2003 Building Permit No.: 402-2003
Commonwealth of Massachusetts
City of Salem
Building Electrical Mechanical Permits
This is to Certify that the RESIDENCE located at
Dwelling Type
0096 MARLBOROUGH ROAD in the CITY OF SALEM
Address Town/City Name
IS HEREBY GRANTED A PERMANENT CERTIFICATE OF
OCCUPANCY
NEW SINGLE-FAMILY HOME
This permit is granted in conformity with the Statutes and ordinances relating thereto, and
expires unless sooner suspended or revoked.
Expiration Date
--------------
Issued On: Thu Jun 5, 2003 ---------- .-- - -
GeoTMS®2003 Des Landers Municipal Solutions,Inc. ......................—......---.... -----------------------------------------
0096 MARLBOROUGH ROAD 402-2003
5b07 : . COMMONWEALTH OF MASSACHUSETTS
Map 09 ` CITY OF SALEM
Block t s
Lot:, 0031""" "
PermitBuilding
Category 101 New Single family BUILDING PERMIT
Permit# 40272003
Project#� :asJS-2003-]041
Esti. Cost $146,00000
,Fe_ $s81.oa t �._ PERMISSION IS HEREB Y GRANTED TO:
Const Class t° ,Contractor: License:
jusec Group, "_ Robert Hamel General Contractor-Salem#1566
Lot Size(sq.0' 5000 Owner: COUSINS REALTY TRUST
anmg R1 3jAppticant: COUSINS REALTY TRUST
Units Gained: ' ,jA T.- 0096 MARLBOROUGH ROAD
Units
ISSUED ON: 19-Nov-2002 AMMENDED ON: EXPIRES ON: 19-May-2003
TO PERFORM THE FOLLOWING WORK:
402-2003 CONSTRUCT NEW SINGLE-FAMILY PER BOA DECISION. TSJ
POST THIS CARD SO IT IS VISIBLE FROM THE STREET
Electric Gas Plumbin> Building
Underground: Underground: Underground: Excavation:
Service: Meter: Footings:
Hou h• Hou haps G„ Rough�K > -- V Foundation:
Final: Final: Final:�N Rough Frame;/,?/�
Yjll v' Fireplace/Chimney: l� -
D.P.W. Fire V Health
Insulation: /(/
Meter. Oil: 6r %� CEJ/
Final:l3 G3 �`�
House N Smoke: �i:
Treasury: �,} , /{� 0,
Water: Alarm: Z
Sewer: Sprinklers:
THIS PERMIT MAY BE REVOKED BY THE CITY OF S jM Lj,PON VIOLATIO P ANY OF
ITS RULES AND REGULATIONS. , ,
Signature:
Fee Type: Receipt No: Date Paid: Check No: Amount:
BUILDING REC-2003-001125 19-Nov-02 1088 $881.00
CcoTMS®2002 Des Lauriers Municipal Solutions,Inc.
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Professional land Surveyors 8 Civil Engineers
ESSEX SURVEY SERVICE 1958 - 1986
OSBORN PALMER 1911 - 1970
BRADFORD & WEED 1885 - 1972
PLOT PLAN OF LAND
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Inhereby certify to T//
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buildings are located oa�M&A °F "'i
ground as shown.
o CHRISTOPHER u
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SCALE: MELLO
13
,p No.31317 �
DATE: JAry / 7 Z6a3 IST0"1
\�H?SUVO
REFERENCE: BK PG 3-stopher R. Mello PLS 31
104 LOWELL STREET
PEABODY, MASS.01960
(978) 531-8121
FAX:(9781531-5920
. v�...... CITY OF SALEM MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA 01970
'3s TEL. (978) 745-9595
FAx (978) 740-9846
STANLEY J. USOVICZ, JR.
MAYOR
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DECISION OF THE PETITION OF JERMYN FAMILY REQUESTING AC-11 or
VARIANCE FOR THE PROPERTY LOCATED AT�96 MARLBOROUGH ROAD D
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A hearing on this petition was held July 17, 2002 with the following Board Members = r
present: Nina Cohen, Joan Boudreau, Richard Dionne, Bonnie Belair and Nicholas o v
Helides 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.
The petitioner is requesting a Variance from lot width and lot size to construct a single
for the property located at 96 Marlborough Road
The Variances, which have been requested, may be granted upon a finding by this
Board that:
a. Special conditions and circumstances exist which especially affect the land, building
or structure involved and which are not generally affecting other lands, buildings and
structure involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
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 of the
purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented at the
hearing, and after viewing the plans, makes the following findings of fact:
1.The petitioner, the Jermyn Family Trust, purchased the property at 96 Marlborough
Road from the City of Salem in 1956.
2. The deed from the City of the petitioner indicated that the property contained
5,000 square feet of land.
3. A 1997 survey of the property submitted to the Board shows that the property contains
only 4,924 square feet of land and is only 50 feet width (frontage).
4.The property did originally consist of 5,000 square feet when it was initially subdivided,
however, a taking by the City of Salem of a narrow strip of land along the front of the
property for the purpose of laying out Marlborough Road diminished the size of the lot
by 76 square feet. The basis of hardship is the taking by the City with no
consideration.
t
DECISION OF THE PETITION OF THE JERMYN FAMILY TRUST REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 96 MARLBOROUGH ROAD
page two
5. If the taking had not occurred, the property would have been protected as a
buildable lot by virtue of the provisions of M.G.L. Chapter 40A, Section 6
6. There are numerous other lots in the neighborhood with houses that are less than
5,000 sq, ft
7.Construction of a house upon the property will not result in any loss of visibility of
oncoming traffic on Marlborough Road.
8. A letter from the owner of 92 Marlborough Road, Donna Gautreau was read into the
record. Donna Gautreau was in attendance at the meeting and voiced her objection
to development of the subject lot on the basis of traffic and visibility issues.
9. A petition signed by 7 neighbors in favor, was received and read into the record.
On the basis of the above findings of fact, and on, the evidence presented at the
hearing, the Zoning Board of Appeal concludes as follows
1. Special conditions exist which especially affect the subject property but not the
district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
3. Desirable relief can 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.
Therefore, the Zoning Board of Appeal voted 5-0 to grant the Variances requested,
subject to the following conditions;
1. 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 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.
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5. Petitioner is to obtain a Certificate of Occupancy. ti
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6. Petitioner shall obtain proper street numbering from the City of Salem Assessors r�, h,-c
office ad shall display said number so as to be visible from the street.
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DECISION OF THE PETITION ON JERMYN FAMILY TRUST REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 96 MARLBOROUGH ROAD
page three
7. Removal of ledge to be conducted between hours of 8:00 a.m. and 5:00 p.m. in
compliance with the Cit Ordinance
VARIANCE GRANTED
July 17, 2002
Ni((icholasHelliiGd`ess
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 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 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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26 STATE STREET
BOSTON,MASSACHUSETTS 02109-1775
617 345-9000
HINCKLEY, ALLEN & SNYDER LLP FAX:617345-9020
Attorneys at Law
Paul A.Hedstrom
October 18, 2002
BY OVERNIGHT DELIVERY
City of Salem
Zoning Board of Appeals
120 Washington Street. P Floor
Salem, MA 01970
Attention: Thomas J. St. Pierre,
Acting Building Commissioner and
Zoning Administrator
Re: Variance granted on July 17, 2002 to the Jermyn family, concerning property(the
"Property") located at 96 Marlborough Road, Salem, MA (the "Variance")
Dear Mr. St. Pierre:
This firm represents Donna Gautreau, who is an abutter to the above-described Property.
While respectful of the Board of Appeals' decision granting the above-mentioned Variance, we
note that what appears to have been substantially the same variance application was summarily
denied by the Board on December 17, 1997. However, our client's concern is not to keep the
Property an unbuildable lot, but rather, to ensure that any development is carefully planned and
executed, with proper attention to the rights and legitimate concerns of abutters and the public in
general. Specifically, her concerns are that (a) any development not increase the rate of
stormwater runoff from the Property, or otherwise adversely impact stormwater concerns; and (b)
that there continue to be an appropriate screen of trees between the Property and other lots,
including her own. With respect to this latter concern, we are troubled that while at the hearing
the Variance applicant stated that it would not cut down many trees, our client informs us that in
fact the applicant has proceeded to cut down nearly all of them. We trust that the City is
monitoring the development of this property, and will be vigilant to protect the rights and
legitimate concerns of abutters and the public, particularly in connection with any application for
a building permit, and thereafter, any application for a certificate of occupancy.
Very 1�s,
Paul A. Hedstrom
cc: Donna Gautreau(by fax)
1500 FLEET CENTER ❑ PROVIDENCE.RHODE ISLAND 02903-2393 ❑ 401 274-2000 ❑ FAX:401 277-9600
14 SOUTH STREET ❑ CONCORD.NEW HAMPSHIRE 03301-3744 ❑ 603 225-4334 ❑ FAX:603 224-8350
413346