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104,106 BAY VIEW AVENUE - ZONING WAIVO,R FoM Iu4 * log AW4�3 4q- V/ � » arLAN INN (CNV a _ . ^tA CITY OF SALEM ei_`RK s 6.F`j'& f PLANNING BOARD 1005 MAY 23 P ►: 48 Decision For The Petition Of Scott & Lucie Patrowicz and Gifford & Ann Scott For A Waiver From Frontage At 106 Bayview Avenue A Public Hearing on this petition was held on May 19,2005. The Public Hearing was closed on May 19, 2005 with the following Board members present: Walter B.Power, III,Chairman;John Moustakis;Pam Lombardini;Gene Collins;Tim Ready;Christine Sullivan; Chuck Palen;Paul Durand; and David Weiner. Notice of this meeting was sent to abutters and notice of the hearing was properly published in the Salem Evening News. Scott&Lucie Patrowicz and Gifford&Ann Scott,owners of the properties, are requesting a waiver from frontage requirements from the Subdivision Regulations and under MGL Chapter 41, Section SIR,to. allow the lot line between the property at 104 Bayview Avenue and 106 Bayview Avenue to be shifted six inches to eliminate an existing encroachment. This section states that"A Planning Board may in any particular case, where such action is in the public interest and not inconsistent with the intent and purpose of the subdivision control law,waive strict compliance with its rules and regulations,and with frontage or access requirements specified in the law...." - The waiver from frontage is being granted for the property located at 106 Bayview Avenue as shown on the plans titled,"Plan of Land in 104& 10&Bayview Avenue, Salem,Massachusetts"dated July 15, 2004 upon the findings by the Board that: 1. Special circumstances exist which especially affect the land and structures involved and which are not generally affecting other land and structures involved; 2. Literal enforcement of the provisions of the Regulations would involve substantial hardship, financial or otherwise,to the petitioner;and Therefore,the Planning Board voted by a vote of nine(Power,Durand,Moustakis,Lombardini,Weiner. Sullivan,Ready,Puleo, Collins)in favor,none opposed, to grant the waiver from frontage requirements for 106 Bayview Avenue. This endorsement shall not take effect until a copy of the decision bearing certification of the City Clerk that twenty(20)days have elapsed and no appeal has been filed or that if such appeal has been filed that it has been dismissed or denied, is recorded in the Essex South Registry of Deeds and is indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The owner or applicant shall pay the fee for recording or registering. I hereby certify that a copy of this decision is on file with the City Clerk and that a copy of the Decision and plans is on file with the Planning Board. , JUL 1 4 VV 17��w, DO 2005 Walter B Power,III Chairman I hereby certify that 20 days have expired 120 °m the d TRE hI An strLu was rec�e� �TeL: 978.745.9595 Fv : 978.740.0404 WWW.SA LEM.COM an�t�lat Nt APP I�� has een filed in this office. 4/ ,('O I II II II III I I I VIII III III I ATrue cop 2005071400336 Bk;24555 Pg:410 ATTE8T:_CITY LERK, Salem, Mass. 07/14/2035 13:20:00 OTHER Py ut aw NO d ` ` C1 i f Oi= �zALLP'1, NIA CLERK'S OFFICE CITY OF SALEM PLANNING BOARD 1005 JUN 13 P 2, 48 Form A -- Decision 2005071400338 Bk;24555 Pg;472 07/14/2005 13:20:00 OTHER Ps 1/1 Ms. Cheryl LaPointe City Clerk Salem City Hall Salem, MA 01970 Dear Ms. LaPointe: The Salem Planning Board voted on May 19, 2005 to endorse"Approval Under Subdivision Control Law Not Required" on the following described plan: 1. Applicant: Scott &Lucie Patrowicz and Gifford & Ann Scott, 104 Bayview Avenue and 106 Bayview Avenue, Salem,MA 01970 2. Location: Map 44,Lots 124 and 125, 104 Bayview Avenue and 106 Bayview Avenue, Salem MA 01970. 3. Project Description: This Form A shifts the lot line between 104 Bayview Avenue and 106 Bayview Avenue six inches to correct an existing encroachment. Lot 16 (106 Bayview Avenue) will be reduced by 60 square feet and Lot 15 (104 Bayview) will gain 60 square feet. Lot 16 will have 37.10 feet of frontage and Lot 15 will have 31 feet of frontage. Both lots are nonconforming in regard to frontage, but access to the lots will not be affected. JUL 14 2005 Sincerely, t hereby certify that 20 days have expined from the date this instrument was received, Walter B. Power, 1H and that NO APPEAL has been filed in this Chairman office. ' ATrue Copy Salem, Mass. ATTEST:__C1TY ERK, 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 .TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM I 20050111400337 Bk:214555 PII(9411 - 07/14/2006 13:20:00 PL Pp 1/1 i At- - - ---_ v - SAW9L _ p�aN ��a�c kT- 6sst`x K-�c.�S�Y off' � c 38'1 YLaos 49 17\0�, 71 i16 I --- \ NV4� g I n' \ I CERTIFY THAT THIS PLAN HAS BEEN PREPARED IN CONFORMANCE WITH THE -� RULES AND REGULATIONS OF THE — REGISTRY OF DEEDS. PLANNING BOARD APPROVAL UNDER aSUBDIVISION CONTROL LAW NOT REQUIRED FOR REGISTRY USE ONLY W SALR'M PLAII,BG BOARD > a N p /+ a E Lu W 0 z DATE 3 0 NOTES: 1. LOT 16 AND PARCEL A ARE SHOWN AS LOT 124 ON ASSESSORS MAP 44. 2. LOT 15 IS SHOWN AS LOT 125 ON ASSESSORS MAP 44. 3. PARCEL A IS NOT A BUILDING LOT. PARCEL A IS TO BE CONVEYED TO THE OWNERS OF LOT 15, TO BE COMBINED WITH LOT 15 TO FORM ONE CONTIGUOUS LOT HAVING AN AREA OF 4,010# SF. 4. SEE PLAN REFERENCE: PLAN BOOK 376, PLAN 10, PLAN OF LAND 104 & 106 Bayview Avenue Salem, Massachusetts 4 Date: July 15,' 2004 PLDE#04-01 Scale: 1" - 10' Sheet 1 of 1 Property of: SCOTT & LUCIE PATROWICZ — 104 Bayview Avenue & GEMORD P. & ANN P. SCOTT — 108 Bayview Avenue NORTH SHORT SURVEY CORPORATION 47 Linden Street, Salem, MA 01970 (978) 744-4800 NSS#2233 CITY OF SALEM, MA • CITY OF SALEM CLERK'S OFFICE PLANNING BOARD 2605 MAY 23 P I: 48 Decision For The Petition Of Scott & Lucie Patrowicz and Gifford & Ann Scott For A Waiver From Frontage At 106 Bayview Avenue A Public Hearing on this petition was held on May 19, 2005. The Public Hearing was closed on May 19, 2005 with the following Board members present: Walter B. Power, III, Chairman; John Moustakis; Pam Lombardini; Gene Collins;Tim Ready;Christine Sullivan; Chuck Puleo;Paul Durand; and David Weiner. Notice of this meeting was sent to abutters and notice of the hearing was properly published in the Salem Evening News. Scott&Lucie Patrowicz and Gifford&Ann Scott, owners of the properties, are requesting a waiver from frontage requirements from the Subdivision Regulations and under MGL Chapter 41, Section 81R, to allow the lot line between the property at 104 Bayview Avenue and 106 Bayview Avenue to be shifted six inches to eliminate an existing encroachment. This section states that"A Planning Board may in any particular case, where such action is in the public interest and not inconsistent with the intent and purpose of the subdivision control law, waive strict compliance with its rules and regulations, and with frontage or access requirements specified in the law...." The waiver from frontage is being granted for the property located at 106 Bayview Avenue as shown on the plans titled, "Plan of Land in 104& 106 Bayview Avenue, Salem,Massachusetts"dated July 15, 2004 upon the findings by the Board that: 1. Special circumstances exist which especially affect the land and structures involved and which are not generally affecting other land and structures involved; 2. Literal enforcement of the provisions of the Regulations would involve substantial hardship, financial or otherwise, to the petitioner; and Therefore, the Planning Board voted by a vote of nine(Power,Durand,Moustakis,Lombardini,Weiner, Sullivan, Ready, Puleo, Collins) in favor, none opposed, to grant the waiver from frontage requirements for 106 Bayview Avenue. This endorsement shall not take effect until a copy of the decision bearing certification of the City Clerk that twenty(20) days have elapsed and no appeal has been filed or that if such appeal has been filed that it has been dismissed or denied, is recorded in the Essex South Registry of Deeds and is indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The owner or applicant shall pay the fee for recording or registering. I hereby certify that a copy of this decision is on file with the City Clerk and that a copy of the Decision and plans is on file with the Planning Board. Walter B Power, III Chairman 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM 3 f j a a j AMY- JUN[PER POINT DETAIL B NOT TO SCALE t F IRON ROD(SET) RAYMOND P. MocFARLANE, JR. & E a COW3�E SUSAN M. MacFARLANE LOCUS M1 REC. BK. 9319 PG. 270 0 PL BK. 1 PL 15 3 ATtnnacEArt G •3 Tic \ , v h p 1 3 . Vw IRON ROD(SET) O� V � x - O 1 ti SEE ' 00 DETAIL 'A' \ .\ O LOCUS MAP , `�Rp �•00 313 O�� #106 BAYVIEW AVENUE N J 5p �6 p0 ec SCALE: 1 = 200 3ti• 3\ �� o LOT 16 - DRILL �. HOLE I I .(SET) PAVED DRIVEWAY : vinM MAIM (THREE-CAR PARKING) \ 3.� •33 f F,, \ DRILL HOLE , 104 BAYVIEW A , ## VENUE FOUND y — _ \ O \ LOT 15 VER FOUNDAI'I #106 BAYVIEW AVENUE O : LOT 16 PORCH DECK GIFFORD & ANN SCOTT 1 REC. BK. 8605 PG. 42 PL BK. 1 PL. 15 ff 'Y L _ r . . % SEE :DETAIL B c� � o _ '>� +. ,o #104 BAYVIEW AVEa'o� cs 9 o_ DETAIL PA LOT 15 (n - I - o SCOTT & LUCK PA OV" d T NOT 0 SCALE REG BK. 22694 PG. 489 c� LOT 14 — ` LOT AREA TO MEAN BK. 1 PL 15 HIGH WATER 4,240 f S.F. -L : WATERVIEW CONDOMI ,. REC. BK. 6889 PG. 41 c� T 2 STORY DWELLI N I\ NG SINGLE—FAMIL i PARCEL A (0.5 yPIDL� DRILL .• - . � I — HOLE AREA — 60f SF i' (SET) I 9 P 4 S i � 1 � o P e \ F s� E g;5 r1 •,� � L•�ZE ��1+22 �r O LOT AREA TO MEAN \ F 9 6© e 106 BAYVIEW AVENUE • � DRILL I _ HOLE HIGHWATER 4.010 S.F. S F I I LOT 16 (SET) _ 1 II I y •o III I � � ' � .•X r G I Q o. _ O + a : i I 2 S I = � 5 I p I 6 E 3 . I - �V ONG ) S OJ 104 BAYVIEW AVENUE: _ . . 4 1 N� � Q' LOT 15 .�-� + DRILL - . ��1299� HOLE _/ • ,,f G a c�� '� '�� m •p1 FOUND • / O Olt . s •g� ./ 0 9 \\ o NOTES: o ~ a0 00 1. LOT 16 AND PARCEL A ARE SHOWN AS LOT 124 ON ASSESSOR'S \k,• . . MAP 44. PIN IN 2. LOT T15IS WALL , � SHOWN AS � LOT 125 ON ASSESSORS MAP 44. FOUND z ✓ `l'` 3. PARCEL A IS NOT A BUILDING LOT. PARCEL A IS TO BE CONVEYED TO THE OWNERS OF LOT 15, TO BE COMBINED WITH LOT 15 TO FORM a - ONE CONTIGUOUS LOT HAVING AN AREA OF 4,010± SF. Ln ti. < 4. SEE PLAN REFERENCE: PLAN BOOK 376 PLAN 10. CERTIFY THAT THIS PLAN HAS BEEN o PREPARED IN CONFORMANCE .WITH THE y 0) REGULATIONS OF THE RULES AND 1 REGISTRY OF DEEDS. o PLANNING BOARD APPROVAL UNDER PLAN aF LAID a }_ FO SUBDIVISION CONTROL LA W NOT REQUIRED R REGISTRY USE ONLY SALEM PLANNING BOAR D : . • , • . j/ 104 8 106 Bayview Avenue a E m em Massachusetts C) - w __ ✓IIGO .r0 Date: July 15 2004 c HD F M ss PLOE4 _ Ol Scale:e. 1 _ 10 Sheet of 1 7 t ti O GAIL em, Property of: ti sA�m+ •, P p ►to.aso SCOTT & LUCIE PA — TRO1pICZ 104 Ba e� Avenue . E _ � ICU GRAPHIC SCAM o E Co d �1V A ND LA L to a ,o so 106 Bayview Avenue SCOTT 011 W NORTH SHORE SURVEY CORPORATION o IN �' T _ 47 Linde v ( ) n Street, Salem, MA 01970 a 10 1 inch tt: 744 4800 978 DATE Z NSS 2233 g o . .