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4-6 NORTHEY ST - PLANNING Form A Decision I i r •CONORA 4 YN�GA1�� wJY1K7J (A.4K7l.GL7i l_ 1 a Vanning �3IIttrb One $alem (15ran � fl FORM A - DECISION 7-1 J LID T Ms . Deborah Burkinshaw r� City Clerk a' Salem City Hall - Salem, MA 01970 'j; n c� Dear Ms . Burkinshaw: At a regularly- scheduled meeting of the Salem Planning Board _held on Mav -16 , 1996 it was voted to endorse "Approval Under Subdivision Cotrol Law Not Required" on the following described plan: 1 . Applicant : Ralph k , Feinberg and Janet S , Feinberg c/o 2�t,torney- Peter Merry Tinti ; 9-uinn and Merry 222 Essex Street Salem, EA 01970 2 . Location and Description: 4-.6 Northey Street Deed :,r property records in Essex Soutn District Registry. Sincerely, Walter B. Power, III Chairman EX\DH\BPFORMA Ctv of *Ilnit, Anesar4usietts Citg pall ,Salem,'iWassac4usette 81979 • :, may. . NOTICE TO BE'ATTACHED TO y FORM"A"APPLICATIONS See Form "A" applications for complete instructions for filing. �9r All insertions shall be typewritten or printed neatly in ink. Date: —_Ma-y 8, 1996 City Clerk Salem, Massachusetts 01970 Dear Sir: I hand you herewith two copies of Form A, an application submitted by me this day to the Plan- ning Board of the City of Salem requesting a determination and an endorsement on a plan filed with said application that Planning Board approval under the Subdivision Control Rules and Regulations is not required. The land shown on the accompanying plan is located at --4-6 -Northey Street -..------------------------------ -- in Ward ---1 — (insert street and street numbers here Llph L. Feinberg and Janet S. Feinberg By th t ey Signature of Owner -___ - _ __ ____________—___--_ Pet r M y Street Address .T.inti_,_ _y_ P_ 222 Essex St. City/Town &State ---Salem, Ma. 01970 Telephone Number 50-8--745_--8065 I 1 f1li#g ofttlezt�, ssizcl�ixse##s �'�, �IMttltritS �IIIII� umh (Eau Mall ,Salem, ,�lassacFlase!!s D197D FORM A APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL In accordance with provisions of Section II-B, the applicant must file, by delivery or registered mail, a Notice with the City Clerk stating the date of sub- mission for such determination. The notice shall be -?- attached to two copies of this Form A application. W The notice and both copies of the application must '— y be "date stamped' by the City Clerk and then one n r copy of this Form A, with the Plan, filed with the F Planning Board by the applicant. All notices and p applications shall be typewritten or neatly printed v in ink. Salem, Mass., ---May--8.............................1 g-9 6-- To the Planning Board: The undersigned, believing that the accompanying plan of his property in the City of Salem does not constitute a subdivision within the meaning of the Subdivision Control Law because (See Sect. 11-A and state specific reasons) ...pursuant to MGL chapter__41 , Section 81L, "the division of a tract of land on which two or more buildings were -------------------------------------------------------------------------------------------------------------------------- standing when the subdivision control law went into effect. . . into --------------------------------------------------------------------------------------------------------------------------------------- separate lots on each of which one of such buildings remains standing,* ------------------- ------------------------------- - -------------------------------------------------------------------------- and herewith submits said plan for a determination and endorsement that Planning Board approval under the Subdivision Control Law is not required. 1. Name of Owner -Ralph-L__Feinberg and_Janet__S_.__ Feinberg..................... _ Address _14 Newbrook Circle, Newton, Ma 02167 2. Name of Engineer or Surveyor __North_Shore__Surv_ev- Corpora--t--i_o_n--__-_-_ Address _47 Linden Street, Salem, Ma. 01970 --------------------------------------------------------------------------------------- 3. Deed of property records in _Essex_Soth u ________--------------------_-_--_----- Registry Book 13 3 6 4 ---- --------------- page 447 - -- - - 4. Location and Description of Property: -_-_*shall not constitute a subdivision. " ------ ----------------------------------------------------------- The property consists of two three family dwellings on one lot. A variance has been obtained (copy attached) with respect to the ------------------------------------------ ---- - - ---- -- - -- - - sideline setbacks on either side o-f the line dividing the lot into ---------- two - - -- - --- - -- ----- -- - -- - --- ------ -- lots . The division of the lot has no effect on use or occupancy, - --- -- - --------- ---- -- - ----------- - ---- ---- - - -- -- - - ------- --- - -- ---- - -- ----- and brings the premises into compliance with current zoning with one ----- -- ------------------------------------ principle use building on each lot. Both buildings are in the ---------------------------------------------------------------------------------------------------------- ------------ -------------- pro ---------- process-_o f--- be in-g--- c--omplete__ly--- re_-habilitated------------------------- -------------------------------------------------------------------------------------------------------------------------- - 5. All streets and abutting lot lines shall be shown on the Plan together with the names of the Owners of the abutting lots. Ralph L. and Jane` S . FP nberg By their Atty. Signature of Owner--------------------- ----------- ---- Address Petcr -AddressPeter R. Merrv, Tinti , Quinn__& Merr, C. Telephone Number 222_-Essex St. Salem, Ma. (745-8065) t c ofttlem, ttssrzd�usetts 3 s Poura of (Appeal orb 3 2 DECISION OF THE PETITION OF RALPH & JANET FEINBERG REQUESTIN0: 1 ;:. A VARIANCE FOR THE PROPERTY LOCATED AT 4-6 NORTHEY STREET A hearing on this petition was held March 20, 1996 with the following Board members present: Stephen Touchette, Chairman; Gary Barrett, Nina Cohen, Albert Hill and Joseph Ywuc. 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. Petitioner, owner of the property request a Variance from sideline setbacks for the property located at 4-6 Northey Street (R-2) . The Variance which has been requested may be granted upon a finding of this Board that: 1. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other land, buildings, or structures in the same district. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 3. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogation from the intent of the district or the purpose of the Ordinance. The Board of Appeal, after careful considerations the evidence presented at the hearing, makes the following findings of fact: 1. Petitioner was represented by Attorney Peter Merry. 2. No neighborhood opposition. 3. Structures have existed for over 50 years. 4. Petitioner is presently doing renovation to each of the properties. On the basis of the above findings of fact, and on the evidence presented at the hearings, the Board of Appeal concludes as follows: 1. Special conditions exist which especially affect the subject property and not the district in general. .2. Literal enforcement of the 'provisions' of the Zoning Ordifiance would ' involve substation hardship to the petitioner. 3. Desirable relief can be granted without substantial detriment to public good and without nullifying and substantially ;derog tng from -- the intent of the district or purpose of the'.Or�inan! 661 , -!Nyc 01 j RIC- F !Sr". pf Fj l DECISION OF THE PETITION OF RALPH & JANET FEINBERG REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 4-6 NORTHEY STREET (R-2) . page two Therefore, the Zoning Board of Appeal voted 4-1 in favor of this petition. Albert Hill voted present. 1. Petitioner shall comply with all city and state statures, ordinances, codes and regulations. 2. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. Variance Granted March 20, 1996 oseph Ywuc Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to Massachusetts General Laws Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certification of the City Clerk that 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 South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. Board of Appeal ��, MAY 61996 r®eeeb n, 7 cert?� that e7 flroro the date i 1s and that NO APTFAL ha.; oxtc©. A True