12 BUENA VISTA AVENUE - ZONING (2) WAIVER OF FRONTAGE`
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CITY OF SALEM C1CLERK S OFFI'cEA
PLANNING BOARD
7001 ninv i n A ".q
Decision
For The Petition Of JGG Realty Trust For A
Waiver From Frontage At 12 Buena Vista (West)
A Public Hearing on this petition was held on July 10, 2003,and continued to July 24, 2003,
September 4, 2003, September 18, 2003 and October 2, 2003. The Public Hearing was closed on
November 6, 2003 with the following Board members present: Walter B. Power,III, Chairman;
John Moustakis; Pam Lombardini; Gene Collins; Chuck Puleo; Christine Sullivan;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.
JGG Realty Trust, owner of the property,is requesting a waiver from frontage requirements from
the Subdivision Regulations and under MGL Chapter 41, Section 81R,to allow the property
located at 12 Buena Vista Avenue (West) to be subdivided into two lots., 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 12 Buena Vista Avenue
(West), as shown on the plans titled, "Road Construction Plan,Buena Vista Ave. (West), dated
September 30, 2003 and revised October 27, 2003, and the plan entitled"Easement Plan of the
Land Located in Salem, Mass., dated October 27, 2003, 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;
3. Petitioner complies with all conditions of the Board of Appeals Decision granted on January
15, 2003: and
The waiver from frontage is being granted for the property located at 12 Buena Vista Avenue
(West) with the following conditions:
1. The constructed roadway will end in a cul-de-sac. It will not be connected to Buena Vista
Avenue (East).
120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 .TEL: 978.745.9595 FAx: 978.740.0404 ♦WWW.SALEM.COM
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2. The vegetated swale in the private easement located between the two lots shall be
maintained by and remain the responsibility of the owners to the two lots. The City of
Salem shall not be liable for maintenance of the swale or drainage issues associated with
the swale.
3. The applicant shall grant an easement to the City of Salem for the portions of the roadway
that are located on private property.
4. The final construction plans for the extension of the roadway shall be approved by the
Department of Planning &Community Development and the Engineering Department
prior to the issuance of a Street Opening Permit.
Therefore, the Planning Board voted by a vote of eight(Power,Durand,Moustakis,Puleo,
Lombardini, Weiner, Sullivan, Collins) in favor, none opposed, to grant the waiver from frontage
requirements for 12 Buena Vista Avenue (West).
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
VEGETATED SWALE IN PRIVATE EASEMENT TO BE DETAIL
PRIVATE MAINTAINED BY THE OWNERS OF LOT I AND LOT 2 MANHOLE
EASEMENT
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LOT 1 24" DIAM. MANHOLE FRAME AND COVER
O LESARON LK 110A, LABELLED SEWER
VEGETATED SEE SITE DEVELOPMENT PERMIT PLAN
u1 SWALE co DATED SEPT. 4, 2003 FOR EROSIONFull Mortar Bed
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R� CONTROL SILT FENCE AND VEGETATED "
p 0 SWALE DETAILS 2 to 5 Courses Leveling Brick
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ZONING DISTRICT R1 SINGLE RESIDENCE
ASSESSORS MAP 9 PART PARCEL 93
PLAN REFERENCE: PLAN BY EASTERN LAND SURVEY
ZONING DISTRICT R1 12" Gravel Base — No Stone Over 3" Dimension DATED APRIL 23, 20102
ITEM MIN\MAX. 6" Loam & Seed 6" Loam & Seed
LOT AREA 15,000 SF. Approved Subgrade
LOT WIDTH 100 FT.
FRONT YARD 15 FT. " L E G E N D
SIDE YARD 10 FT. MIN.
REAR YARD 30 FT. O SKIH EXISTING SEWER MANHOLE e SMH PROPOSED SEWER MANHOLE
p DMH EXISTING DRAIN MANHOLE C DMH PROPOSED DRAIN MANHOLE
1" CRUSHEDpop D o� OD/2 111
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6' Min. CoverCONTOUR PROPOSED O
100 00 EXISTING SPOTGRADE 100 PROPOSED SPOT GRADE
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(PROPOSED STONE WALL
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PROPOSED PAVEMENT _ -- -"
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ROAD CONSTRUCTION PLAN
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EXIS G Salem MA 01970 104 Lowell St, Peabody, Mass. 01960
(9 78) 531-8121
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REVISIONS F 12526
PROFILE OCT. 27, 2003
SHEET 1 OF 1
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DEED REFERENCE: BOOK 7199 PAGE 111
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PLAN REFERENCE: PLAN BOOK 55 PLAN 41
ANNMAR/E & LEONARD N/F N/F
a r9QE �,o. {NILC X /�l/F JOHN GIA RDI EUGENE JR. & LOTS 1 & 2 ARE A SUBDII/JSION OF LOT '
AVE. � COSTA & ALL YSON S/DER/D/S LOT 1 '
< Roko LOT 3 JUDI TH CASEY 57B SHOWN ON PLAN BY EASTERN LAND
N/F N/Fmmonomm , SURVEY ASSOCS. DATED APRIL 9, 2002.
CHARLES LOT
LOCUS MAP TRACEY CAR TEAR ANGERAMO, N 2
& DEFIN177VE SUBDIVISION PLAN BOOK 343 PLAN 5 APPROVAL UNDER THE SUBDIVISION
DA VlD ANGERAMO LIFE ESTATE > BY EASTERN LAND SURVEY ASSOCS, ~ CONTROL LAW NOT REQUIRED
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209.78' 54.91'
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PLAN 218 OF 1961
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PL 88 M
N 474'37" W
N ZONING DISTRICT
183.00' RESIDENCE R1
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N ITEM REQUIRED LOT 1 LOT 2
N/F N 6 LOT AREA 15,000 SF,. 43,495± SF. 43,495± SF.
JOHN, /// & L p LOT WIDTH 100 FT.. 56± FT. # 56± FT. #
W � FRONT YARD 15 FT.. 56± FT. 67± FT.
RACHEL BERRY `� SIDE YARD 10 FT.. 11 FT. 11 FT.
LOT 57A A� o REAR YARD 30 FT" 132± FT. 160± FT.
LOT 205 �o
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PLAN OF LAND
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SALEM , MASS .
TANIN & SOMPIS SASALUXANON
PREPARED BY
LOT 56
EASTERN LAND SURVEY ASSOCIATES, INC.
FOR REGISTRY USE ONLY PB 55 PL 41
77-I/S PLAN IS BASED ON THE REFERENCED PLANS, DEEDS
AND THE RESULTS OF A FIELD SURVEY AS OF THIS DATE. \ CHRISTOPHER R. MELL O, PLS
NO CERTIFICATION IS INTENDED AS TO PROPERTY 77TLE
OR AS TO THE EXISTENCE OF UN wRl TTEN OR UNRECORDED \ 104 L 0 WE L L ST. P E A B 0 D Y, MA 01960
EASEMENTS. \
\ (978) 531 -8121
\ " = .
\ ` -
I HEREBY CER77FY THIS PLAN CONFORMS SCALE: 1 20' APRIL 23 2003
\ �` PREPARED FOR
TO THE RULES AND REGULATIONS OF THE
REGISTERS OF DEEDS OF THE COMMON— \ JERMYN REALTY TRUST
WEALTH OF MASSACHUSETTS. \ ��
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\ 0 10 20 40 60 80
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12526