1 BROOKS STREET - DILSSO, ROSEMARY - ZBA 1 Brook St. a/k/a Lots 118':&21;20
Brook-fit. R-3/R-2 - -`
Rosemary DiIsso _
E
Chi of inlem, 'fflttssadjusetts
17
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DECISION ON THE PETITION OF ROSEMARY DIISSO FOR VARIANCE
AT 1 BROOK ST. A/K/A LOST 118 & 120 BROOK ST. (R-3/R-2)
A hearing on this petition was held February 16, 1994 with the
following Board Members present: Stephen Touchette, Acting Chairman,
George Ahmed, Stephen O'Grady, Albert Hill and Associate Member Nina
Cohen. This hearing was continued until the March 16, 1994 meeting
and the following Members were present: Stephen Touchette, Albert
Hill, and Associate Members Labrecque and Cohen. 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 4OA.
The Board of Appeal at the request of petitioners Attorney, Francis T.
Mayo, voted unanimously 5-0 to grant petitioners leave to withdraw
this petition for Variances from lot size and setbacks to allow
construction of a single family home with an in-law apartment.
Property is located in a Residential Two Family (R-3/R-2) district.
GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE
March 16, 1994
I
Stephen Touchette, Acting Chairman
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE
CITY CLERK.
(City of .1-5ttlem, �4Hussurijusetts
3
BnarD of Aupeal
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DECISION ON THE PETITION OF ROSEMARY DIISSO FOR VARIANCE
AT 1 BROOK ST. A/K/A LOST 118 & 120 BROOK ST. (R-3/R-2 )
A hearing on this petition was held February 16, 1994 with the
following Board Members present: Stephen Touchette, Acting Chairman,
George Ahmed, Stephen O'Grady, Albert Hill and Associate Member Nina
Cohen. This hearing was continued until the March 16, 1994 meeting
and the following Members were present: Stephen Touchette, Albert
Hill, and Associate Members Labrecque and Cohen. 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 Board of Appeal at the request of petitioners Attorney, Francis T.
Mayo, voted unanimously 5-0 to grant petitioners leave to withdraw
this petition for Variances from lot size and setbacks to allow
construction of a single family home with an in-law apartment.
Property is located in a Residential Two Family (R-3/R-2) district.
GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE
March 16, 1994
Stephen Touchette, Acting Chairman
Board of Appeal d
I
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE
CITY CLERK.
ofttlem, � ttssttcltusetts
3 4 '" q �3nttra of r'1peal
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DECISION ON THE PETITION OF ROSEMARY DIISSO FOR VARIANCE
AT 1 BROOK ST. A/K/A LOST 118 & 120 BROOK ST. (R-3/R-2)
A hearing on this petition was held February 16, 1994 with the
following Board Members present: Stephen Touchette, Acting Chairman,
George Ahmed, Stephen O'Grady, Albert Hill and Associate Member Nina
Cohen. This hearing was continued until the March 16, 1994 meeting
and the following Members were present: Stephen Touchette, Albert
Hill, and Associate Members Labrecque and Cohen. 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 Board of Appeal at the request of petitioners Attorney, Francis T.
Mayo, voted unanimously 5-0 to grant petitioners leave to withdraw
this petition for Variances from lot size and setbacks to allow
construction of a single family home with an in-law apartment.
Property is located in a Residential Two Family (R-3/R-2) district.
GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE
March 16, 1994
J \
Stephen Touchette, Acting Chairman
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE
CITY CLERK.
of _'5ttlem, ��Httsstttllusejt9
Q q �3nara of Avpezd
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DECISION ON THE PETITION OF ROSEMARY DIISSO FOR VARIANCE
AT 1 BROOK ST. A/K/A LOST 118 a 120 BROOK ST. (R-3/R-2 )
A hearing on this petition was held February 16, 1994 with the
following Board Members present: Stephen Touchette, Acting Chairman,
George Ahmed, Stephen O'Grady, Albert Hill and Associate Member Nina
Cohen. This hearing was continued until the March 16, 1994 meeting
and the following Members were present: Stephen Touchette, Albert
Hill, and Associate Members Labrecque and Cohen. 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 Board of Appeal at the request of petitioners Attorney, Francis T.
Mayo, voted unanimously 5-0 to grant petitioners leave to withdraw
this petition for Variances from lot size and setbacks to allow
construction of a single family home with an in-law apartment.
Property is located in a Residential Two Family (R-3/R-2) district.
GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE
March 16, 1994
Stephen Touchette, Acting Chairman
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE
CITY CLERK.
a
CITY OF SALEM - MASSACHUSETTS
ROBERT A. LEDOUX Legal Department LEONARD F. FEMINO
City solicitor 93 Washington Street Assistant city solicitor
508-745,3W Salem, Massachusetts 01970 508-9Z149W
March 16, 1994
Mr. Leo Tremblay
Building Inspector
One Salem Green
Salem, MA 01970
RE: Brook Street, Lots 118, 120 a/k/a 1 Brooks St.
Dear Mr. Tremblay:
You had requested an opinion relative to the property located on Brook Street and
whether or not there had been a merger of these lots which would require a variance from
the Board of Appeals.
A review of a case issued by the Appeals Court of Massachusetts in May of 1986,
indicates that if the ownership of the two lots in question was not the same, that no merger
results. As I understand it, one of these lots was owned by a group of people as devisees
Under the will of a deceased person. I understand that the other lot was owned by a
husband and wife as tenants by the entirety. Accordingly, it would appear to me that based
on the facts as presented, no variance would be required.
Thank you for your consideration.
Very tru yours,
ROBERT A. LEDO X
RAL/Icm
File #9470.01
GATE OF HEARMG
PETITIONER
OCATIOH R
MOTION: TO GRANT SECOND
TO DENY SECOND
TO RE-HEAR SECOND
LEAVE TO WITHDRAW_ SECOND �.
70 CONTINUE � SECOND
/ mix, 9
POLL CALL PRESENT GRANT DENY WITHDRAW RE-HEAR CONTINUE
y
ALBERT C.•HILL. .
STEPHEN TQCHETTE f/
ASSOCIATE AMBERS
NIV. CHEN
E {�
CONDITIONS:
TO THE SALEM ZONING BOARD OF APPEALS:
We, the undersigned neighbors and/or abutters to Rosemary Dilsso' s.
property on Brook Street, Salem, are in favor of Ms. DiIsso' s petition
to construct a home on her lot, as requested in her petition for a
variance from the frontage and lot size requirements:
Name Address Date
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BOARD 9- APPEAL
745-9595 Ext.fo gall persons inter-
Will
nter- -
. . hearing ROSEMARY
W ill hold a Petition submitted by
estedin the P. lot size to�lBROOK ST.
DIISSO for variance fro Welling at ' 31R 2) Said `I
tion of a single fa YUYBROOK ST.(PE ESDAY,
AIKIA LOTSto be be held ONE SALEM
hearing 1994,AT 6:00 P.M.,
FEBRUARe o d Roor. 3R„ Chairman
GREEN,
FRANCIS X. GREALISH, gN38639 _
February Z, 9, 1994
+
F
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CITY OF SALEM
BOARD OF APPEAL
n 745-9595 Ext. 381
Will hold a public hearing for all persons inter-
ROSEMARY i
ested in the petition submitted by ;
DIISSO for variance from lot size to allow construc-
tion of a single family dwelling at 1 BROOK ST. ,
AIKIA LOTS 11g,1120 BROO�K ST.WEDNESDAY, �
hearing o
FEBRUARY 16,1994,AT 6:00 P.M.,ONE SALEM
GREEN, second floor irman
FRANCIS X. GREALISH, JR., SN38639
February 2,9, 1994 �____
CITY OF SALEM1
BOARD OF APPEAL
„ 745-9595 Ext. 381
t . Will hold a public hearing for all persons inter-
ested in thepetition submitted by ROSEMARY
DIISSO for variance from lot size to allow construc-
tion of a single family dwelling at 1 BROOK ST.
A/K/A LOTS 118,120 BROOK ST.(R-3/R-2).Said {
hearing to be held WEDNESDAY, I
FEBRUARY 16,1994,AT 6:00 P.M.,ONE SALEM
GREEN, second floor. }
FRANCIS X. GREALISH, JR., Chairman
February 2, 9, 1994 SN38639
APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . .
:� f�i#g of �ttI>em, �Httssttcll<us>e##s
�r. Pearb of c�ypeal
TO THE BOARD OF APPEALS:
The Undersigned represent that he is are the owners of a certain parcel of land located
at NO. ,Lots 118 ,_ 1 . . Bro. . Street Street; Zoning District.R3,_,
. . . . . . . rook . . . . e. . . . . . . .
Multi Family Residential and *and said parcel is affected by Section(s) . . . . . . . . . . . . . . . .
of the Massachusetts State Building Code.
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance.
*
R2 - 2 Family Residential m'
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The Application for Permit was denied by the Inspector of Buildings for the following
reasons: The lot, consisting of 9 , 000 square feet, does not meet the current
zoning requirement of 25 , 000 square feet for the R3 district, or the 15, 000
square feet requirement for the R2 district. In addition, while the plot plan
submitted herewith depicts adequate frontage, the city assessor plate depicts
only 95 feet, in a zone requiring 100 feet.
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed, as the enforcement of said
Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons: The lot consists of approximately 9 , 000 square feet, in
an area where existing housing is predominately on lots substantially smaller.
Adequate area exists for construction of a single familv home with an in-law
apartment, which will conform with the purposes of the by-law, and will actu-
ally enhance the neighborhood.
The property is split by 2 zoning districts, R3 and R2 .
The house proposed by the petitioner will meet all zoning requirements as to
front, side and rear yard set backs, and lot coverage.
Qwner. . . . . .P4semary, DiIss.o
. . . . . . . . . . . . . . . . . . . . . .
Address. . . .L',0•. .$4X.AW-,, PIA , . , 01970
Telephone. . (508,), :744„253.4
. . . . . . . . . . . . . . . . . . . .
II Petitioner.same
Z z°Zli3Address. . . .same . . . . . . . . . . . . . . . . . .. . . . . . . . . .
c
Date. . . . . . . . . . . . . . . . . . . . .
Telephone. s e
By. . . ..”"--?� . .Z811
Francis T. Mayo, tt . . . . . . . . . . .
1Y
Three copies of the application must be filed with 2thse Secretary Green,
the Boof 01970
Appeals with a check, for advertising in the amount of. . . . . . . . . . . . . . . . (794-1148)
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
V-
s ZOo � - •i.• .tee- -
iii ps /29 /
1p �sOO
ry O Op
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38 X270 .9000
0� c^S s ST �r Is
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400 500 FEET
CITY 0/ S
FLOOD Coo
SAfY'
+ APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . .
C#g ofttlEm, assttt*P##s
19attrb of �kyyral
s�
TO THE BOARD OF APPEALS:
The Undersigned represent that he is are the owners of a certain parcel of land located
at NO. .Lots. _118 , 120 Brook Street . . . . . . .Street; Zoning District.R3,_ ,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Multi Family Residential and *and said parcel is affected by Section(s ) . . . . . . . . . . . . . . . .
of the Massachusetts State Building Code.
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance.
* o
R2 - 2 Family Residentialrr,
N
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7
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The Application far Permit was denied by the Inspector of Buildings for the following
reasons: Thte lo=t, consisting of 9 ,000 square feet, does not meet the current
zoning requirement of 25 , 000 square feet for the R3 district, or the 15 , 000
square feet requirement for the R2 district. In addition, while the plot plan
submitted herewith depicts adequate frontage, the city assessor plate depicts
only 95 feet, in a zone requiring 100 feet.
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance and/or the Building Cede and order the Inspector of Buildings to
approve the application fee permit to build as filed, as the enforcement of said
Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons: The lot consists of approximately 9 ,000 square feet, in
an area where existing housing is predominately on lots substantially smaller.
Adequate area exists for construction of a single family home with an in-law
apartment, which will conform with the purposes of the by-law, and will actu-
ally enhance the neighborhood.
The property is split by 2 zoning districts , R3 and R2 .
The house proposed by the petitioner will meet all zoning requirements as to
front, side and rear yard set backs, and lot coverage.
Qwner. . . . . .P4semary, DiIss0 . . . . . . . . . . . . . . .
Address. . . .2.9.•. .$og, 366§,,, ,Saler.c . jlA . . . P197(
Telephone. . WA). .744„2534. . . . . . . . . . . . . . . . .
IPetitioner.same
1 .
Address. . . .same . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date. . . . .. . . . . . . . .?. .` '� i3 Telephone. .same
By. . . . . . . . -�
FaT. .4ayo, Att ney
2 Salem Green, Sale , 14A 01970
Three copies of the application must be filed with the Secretary of the B and of (744-1143)
Appeals with a check, for advertising in the amount of. . . . . . . . . . . . . . . . . . . . . . . . . .
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
j
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PLAN OF LAivu
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� ER � PRopERTY of
,T
,QoScMAIc Q/ I��O
OCT /5, /993
34YS7ATE SURVEY/NG A.550C.
Z34 CAeor sT , BEVEeLy, N74.
APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . .
of *dem, massar4usE#ts
Poarb of �k"rzd
Cpm
TO THE BOARD OF APPEALS:
The Undersigned represent that he is are the owners of a certain parcel of land located
at NO _Lots 118 ,_ 120 Broolc StreetR3
. . . . . . . . . . . . . . . . . . . . . Street; Zoning District.
M611i Family�Reaidential dnd'**and said parcel is affected by Section(s) . . . . . . . . . . . . . . . .
of the Massachusetts State Buil"ding Code.
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance.
*
R2 - 2 Family Residential J o
rGO
N
CL Q r
4 N
7; w w
M `O
The AL, lication fsr Permit was denied by the Inspector of Buildings for the following
reasons: T1tp lot, consisting of 9 ,000 square meet, does not meet the current
zoning requirement of 25 , 000 square feet for the R3 district, or the 15,000
square feet requirement for the R2 district. In addition, while the plot plan
submitted herewith depicts adequate frontage, the city assessor plate depicts
only 95 feet, in a zone requiring 100 feet.
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed, as the enforcement of said
Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons: The lot consists of approximately 9 ,000 square feet, in
an area where existing housing is predominately on lots substantially smaller.
Adequate area exists for construction of a single familv home with an in-law
apartment, which will conform with the purposes of the by-lata, and will actu-
ally enhance the neighborhood.
The property is split by 2 zoning districts, R3 and R2 .
The house proposed by the petitioner will meet all zoning requirements as to
front, side and rear yard set backs, and lot coverage.
Qwner. . . . . .P,.gsemaVY. DiIsso . . . . . . . . . . . . . . .
Address. . . .F.P.•. .$ox, 3666 ,Saler.4 .11A . . . P1970
Telephone. . (508,)„744„2534. . . . . . . . . . . . . . . . .
Petitioner.same . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address. . . .same . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date. . . . Z 1Z�I9
Telephone. .same
By. .r ncis T. :4ayo, Att ney . . . . . . . . . .
2 Salem Green, Sale , "1A 01970
Three copies of the application must be filed with the Secretary of the B and of (744-1148)
Appeals with a check, for advertising in the amount of. . . . . . . . . . . . . . . . . . . . . . . . . .
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
NO....................................
PETITION TO BOARD OF APPEALS
LOCATION
a
a
z
PETITIONER........................`..................
ADDRESS..........................: �..................
................................................
CONDITIONS
............................ ....................................
........................ .......................................
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......................................I..........................
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PETITION APPROVED.................... ❑
DENIED.........................
.............................................1 19.........
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