163 MARLBOROUGH ROAD - BUILDING INSPECTION 1 f:•• 163 MART BOROUGH ROAD`
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DECISION ON THE-P_ETITION 01 JOHN_&_MAUREEN OUELLETTE FORFILE#
VARIANCES ATt63 MARLBOROUGH ROAD (R-1 ) - CITY CLERK. SAL=1+. H45S.
A hearing on this petition was held November 23, 1987 and continued until
December 2, 1987 with the following Board Members present: James Hacker, Chairman,
Messrs. , Fleming, Strout and Associate Members Dore and 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.
Petitioners, owners of the property, are requesting variances to divide parcel
into two lots and to construct a single family dwelling on the lot identified as
lot 2 on the plans presented to the Board. Property is located in an R-1 district.
The Variances which have been requested may be granted upon a finding of the
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 structures in the same district;
b. literal enforcement of the provisions of Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner;
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 or 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 . There was no opposition;
2. Petitioner has owned the property in question for over 20 years;
3. Plans to return said property to original lots;
4. New lots will be in harmony with other lots in the area.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property
but not the district generally;
2. Literal enforcement of the Ordinance would involve a substantial
hardship to the petitioner;
3. The relief requested 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.
J
DECISION ON THE PETITION OF JOHN & MAUREEN OUELLETTE FOR
VARIANCES FOR 163 MARLBOROUGH ROAD, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
variance requested, subject to the following conditions:
1 . A building permit be obtained prior to construction;
2. Property numbering be obtained from the City Assessor;
3. Building to be located as per plans submitted;
4. All requirements of the Salem Fire Prevention Bureau be adhere to;
5. Petitioner and his successor and interest agree to hold the City of
Salem or its successor safe and harmless and indemnify City of any
work performed in or on existing easement.
GRANTED
,aures B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
ARM: FRGS THIS DECIS:'S; I' AGY. SHALL BE MADE PL'CS:Y:T TO SECT N 17 Or THE
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FILE#
FORM A - DECISION CITTCLERK.SAE EM.MASS.
Ms. Josephine Fusco
City Clerk
City Hall
Salem, MA 01970
Dear Ms. Fusco:
At a regularly scheduled meeting of -,e Salez Planning Board held
on January 7g 1988, it was voted to endorse "Approval Under Sub-
division Control Law Not Required" on the Following described plan:
1. Applicant:
John Ouellette
163 Marlborough Road
Salem, MA 01970
2. Location and Description -
163 Marlborough Road
Deed of property records in Essex South District Registry.
Book 5405 Page 797
Sincerely,
Walter Power III
Chairman
WP/sm
QaZONING DISTRICT RI
4Q0` A%',-
ITEM MIN / MAX LOT I LOT '2
8uF F a
LOT AREA 15, 000 SF 71501 ± SF *A 59314 ± SF �
�T9 aLOT WIDTH 100 FT 721 FT *A 75± FT X
qo 3T
FRONT YARD 15 FT 151 FT 'A 131 FT X
ti
S� E i SIDE YARD 10 FT 16± FT 11 FT
REAR YARD 30 FT 43± FT 29± FT
COVERAGE 30 % 17± % 19± %
VARIANCE REQUESTED
LOCUS MAP N N / F G R A SSO
APPROVAL UNDER SUBDIVISION
N 70 ° 01 ' 00 ° W — — CONTROL LAW NOT REQUIRED
104.35 ' 75.00 ' SALEM PLANNI NG BOARD
Q 16f'
0 LCAT l LOT 2 29± W
o 7, 5'01± SF W 5, 314 ±. SF cWnw w
�t _z = _
O N Z -� O O II+ 38 ' - O
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° (n W ao PROPOSED - W o L O T 3
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x o z a DWELLING l a a
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(' 105. 00 ' 75.00 '
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H 0 M E S T R E E T CHAIRMAN DATE
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SUBDIVISION r
PLAN OF LAND
LOCATED IN
FOR REGISTRY USE ONLY SALE M . MASS.
PREPARED BY
EASTERN LAND SURVEY ASSOCIATES, INC.
Record Owner : I HEREBY CERTIFY THIS PLAN CONFORMS CHRISTOPHER R. MELLO P. L.S.
F JOHN L. a MAUREEN T. OUELLETTE TO THE RULES AND REGULATIONS OF THE 40 LOWIELL ST. PEABODY, MASS.
REGISTERS OF DEEDS OF THE COMMON -
Deed Reference SCALE : 1 20 ' AUGUST 26 1987
1 WEALTH OF MASSACHUSETTS . ,
i BK 5405 PG 797 - PREPARED FOR
# PLAN 591 OF 1960 ; JOHN L . a MAUREEN T.
'
OU E L L ETT E `-
GEORG M . DEE III DESIGNER
0 10 20 40 60 80
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BOARD OF ASSESSORS
n 93 WASHINGTON STREET, CITY HALL, SALEM, MASSACHUSETTS 01970 (617)745-9595 Ext.261
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January 12, 1988
Mrs. Josephine R. Fusco
City Clerk
City of Salem
Salem, MA 01970
Dear Mrs. Fusco:
Please be advised that the new single family house to be con-
structed on the subdivided rear portion of 11163 Marlborough
Road (Assessors' Parcel #09-0009) has been assigned the street
address of #3 Home Street.
tr ly yours,
Peter M. Caron
Chief Assessor
PMC:mj g
cc: Postmaster Joseph J. Leccese
Chief Joseph F. Sullivan, Fire Department
Margaret R. Hagerty, Principal Clerk, Water Dept.
/---William H. Munroe, Inspector of Buildings
Engineering Dept. , City of Salem
Mr. Bruce Lapointe, Jr., 18 Wall St. , Salem