186-190 MARLBOROUGH ROAD - BUILDING INSPECTION - -
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CITY OF SALEM, MASSACHUSETTS
oxnrrAgor ASSESSING DEPARTMENT
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93 WASHINGTON STREET
Y SALEM, MA 01 970
�P ,.,+`�$' TEL. 978-619-5608
� AIINEDa�P FAX. 978-744-2069
ASSESSORS@SALEM.COM
MAYOR DIRECTOR
KIMBERLEY DRISCOLL DEBORAH A. JACKSON
BOARD OF ASSESSORS
RICHARD W. JAGOLTA, JR.
DAMIAN JOHNSON
ROBERT MILLERICK
September 8, 2016
Cheryl A. LaPointe
City Clerk
City Hall
Salem, MA 01970
Dear Ms. LaPointe:
RE: Subdivision - Marlborough Road FY2018 Map 10 Lot 0032 Street Numbers
and Mailing addresses
Map 10 Lot 0032, formally noted as 186 through 192 Marlborough Road
As of FY 2018 there will be 3 lots as follows:
186 Marlborough Road Map 10 Lot 0244
1.90 Marlborough Road Map 10 Lot 0245
192 Marlborough Road Map 10 Lot 0032
Very truly�y yours,
Deborah A Jackson
Director of Assessing
Cc: Postmaster
Chief David Cody, Fire Dept.
Julie Rose, Water Dept.
Thomas St.Pierre, Building Inspector
Mark Losolfo, Police Dept. 911 Officer
John Giardi , Electrical
Paul Nutting MassGIS notify911address@state.ma.us
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5 CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970 P I I b
KIMBERLEYDRiscoLL TELE:978-745-9595 ♦FAX:978-740-984 FILEfr
MAYOR `lrr cl erg;;. sL=m, r ,t s.
December 30, 2015
Decision
City of Salem Board of Appeals
Petition of MATTHEW and MARIE GAGNON, TRUSTEES of HENRIE REALTY TRUST,
requesting Variances seeking relief from Sec. 4.1.1 Table of Dimensional Requirements from
minimum lot frontage and minimum lot width to all lots and minimum lot area per dwelling unit for
Lot 3 to create three (3) lots located at 186-190 MARLBOROUGH ROAD (Map 10 Lot 32) (RI).
A public hearing on the above Petition was opened on December 16, 2015 pursuant to M.G.L Ch. 40A,
The heating was closed on that date with the following Salem Board of Appeals members present: Rebecca
Curran (Chair), Peter Copelas,Tom Watkins,Mike Duffy and Jim Hacker (alternate).
The petitioner is seeking Variances requesting relief from Sec. 4.1.1 Table of Dimensional Requirements of the
Salem Zoning Ordinance for minimum lot frontage and minimum lot width to all lots and minimum lot are
per dwelling unit for Lot 3 to divide the existing lot into three (3) lots.
Statement of facts:
1. In the petition date-stamped November 23, 2015, the Petitioner requested a Variances seeking relief
from Sec. 4.1.1 Table of Dimensional Requirements to from minimum lot frontage and minimum lot width
to all lots and minimum lot area per dwelling unit for Lot 3 to create three (3)lots.
2. Attorney Atkins presents the petition on behalf of the applicants.
3. The existing property is one (1) lot with three (3) residential structures. The petitioner proposes to
create three (3) separate lots out of one (1) large existing lot with one building on each lot.
4. The property is unique as there are three (3) existing houses on one (1) lot.
5. The existing structure on Lot 1 is a single-family home. The existing structure on Lot 2 is a single
family home that will be demolished and reconstructed and remain a single family home. Lot 3 is used
as a non-conforming two (2)- family residential building that will remain. The property is located in an
R1 Single Family Residential Zoning District.
6. The petitioner proposes fifty (50) feet of the required 100' feet of frontage for each proposed lot.
7. The petitioner proposes approximately 57 feet, 31 feet and 62 feet of lot width for Lots 1-3
consecutively of the required 100' feet.
8. The petitioner seeks relief for minimum lot area per dwelling unit for Lot 3. This lot is 25,788 square
feet of the required 15,000 square feet of lot area per dwelling unit on Lot 3. This lot requires 30,000
square feet as the structure is an existing nonconforming two-family dwelling unit.
9. Attorney Atkins testifies that the existing lot is irregular in shape and a large portion of the proposed
divided lots contain wet soil malting the use of a large portion of each proposed lot impractical for
development.
City of Salem Board of Appeals
December 30,2015
Project: 186-190 Marlborough Road
Page 2 of 3
10. Attorney Atkins testifies that the petitioner does not propose to change the nature of the lots as the
use will remain residential.
11. The requested relief, if granted, would allow the Petitioner to create three (3) dimensionally non-
conforming lots.
12. At the public hearing one (1) member of the public spoke in favor, of and none (0) spoke in
opposition to, the petition.
The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and
after thorough review of the petition,including the application narrative and plans, and the Petitioner's
presentation and public testimony,makes the following findings that the proposed project meets the
provisions of the City of Salem Zoning Ordinance:
Findings for Variance:
1. Special conditions and circumstances that especially affect the land, building or structure generally not
affecting other lands, buildings or structures in the same district are that there are three structures on a
single lot, a substantial portion of the proposed lots have wet soils, and the topography is such that the
lot is lower than the surrounding properties.
2. The literal enforcement of the provisions of the Ordinance would prevent the property owner from
dividing the property involve substantial hardship.
3. 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.
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5)in favor
(Rebecca Curran (Chair), Peter Copelas, Tom Watkins, Mike Duffy and Jim Hacker (alternate) and none (0)
opposed, to grant Variances for minimum lot frontage and minimum lot width to all lots and minimum lot
area per dwelling unit for Lot 3 to create three (3) lots, subject to the following terms, conditions, and
safeguards:
1. The 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 to 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.
5. Certificate of Occupancy shall be obtained
6. Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall display
said number so as to be visible from the street.
7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but
not limited to, the Planning Board.
4
City of Salem Board of Appeals
December 30,2015
Project: 186-190 Marlborough Road
Page 3 of 3
Rebecca Curran, Chair
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal from tbis decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Lnws Chapter 40A, and shall be filed witbin 20
days of filing of this deasion in the office of the City Ckrk. Pursuant to the Marrachurens General Laws Cbapter 40A, Section 11, the Vaeiance or
Special Permit granted bernzn shall not take effect until a ropy of the decision bearing the certificate of the City Ckrk has been filed with the Essex South
Registry of Deeds.