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Decision
For The Petition Of Dee Cote For A
Waiver From Frontage At 3 and 7 Winter Street
A Public Hearing on this petition was held on January 13, 2000, with the following Board
members present: Walter B. Power, III, Chairman; William Cullen; John Moustakis; Gene
Collins; Chuck Puleo and Carter Vinson. Notice of this meeting was sent to abutters and notice
of the hearing was properly published in the Salem Evening News.
Petitioner, 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 3 and 7 Winter Street to be combined 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 3 and 7 Winter Street upon
the findings by the Board that:
1. Special circumstances exist which are 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 shall comply with all conditions of the Board of Appeals Decision granted on
November 17, 1999: and
Therefore,the Planning Board voted by a vote of six (6) in favor, none opposed, to grant the
waiver from frontage requirements for 3 and 7 Winter Street.
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
3 and 7 Winter Street Decision
January 27,2000-2
1 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
a
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p
(Gity of Salem, Httsstttljusef s'A�Eij• i to
S OFFICE
PoarD of �kupeal
Rig OEC - I A Ia. 52
DECISION OF THE PETITION OF SEVEN WINTER STREET LLC, REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 3 WINTER STREET AND 7 WINTER
STREET R-2
A hearing on this petition was held November 17, 1999 with the following Board
Members present: Nina Cohen, Chairman, Ronald Harrison, Stephen-Harris, Stephen
Buczko and Richard Dionne. Notice of the hearing was sent to abutters and others and _..
notices of the hearing were properly published in the Salem Evening News in
accace with Massachusetts General Laws Chapter 40A.
The petitioner is requesting a dimensional Variances for lot area, lot area per dwelling,
lot area per dwelling, lot width, front yard, side yard and height for resubdivided land for
the property located at 3 Winter Street and 7 Winter Street.
The Variances which have been requested may be granted upon a finding by this Board
that:
1.Special conditions and circumstances exist which especially affect the land, building or
structures involved and which are not generally affecting other lands, buildings and
structures involve.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
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 of the
purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented at the
hearing, and after viewing the plans, makes the following findings of fact:
1. The petitioner was represented by Attorney George Atkins of 59 Federal Street,
Salem, Ma.
2. The petitioner lives in the neighborhood and has maintained both properties in
excellent conditions.
3. There were 6 letters in favor of the petitioner's request for the proposed variances.
4. There were no objections to the proposed plans.
DECISION OF THE PETITION OF WINTER STREET LLC, REQUESTING VARIANCES
FOR THE PROPERTY LOCATED AT.3 WINTER STREET AND 7 WINTER STREET R2
page two
On the basis of the above findings of fact, and on, the presented at the Zoning Board of
Appeal voted unanimously, 5 in favor, to grant the variances requested, subject to the
following condition;
1. Petitioner shall comply with all city and state statues, ordinances, codes and
regulations.
2. All requirements of the Salem Fire Department relative to smoke-and fire safety shall-,
be
hall-
be strictly adhered to..
3. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
4: No construction vehicles or equipment may be stored at either property.
Variance Granted
November 17, 1999 -
C
Stephen Harris
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
certificate of the City Clerk that 20 days have elapsed and no appeal has been filed,
or that, if such appeal has been filed, that is 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.
RONAN, SEGAL & HARRINGTON
ATTORNEYS AT LAW
FIFTY-NINE FEDERAL STREET
JAMES T.RONAN(1922 1987) SALEM,MASSACHUSETTS 01970-9470
JACOB S.SEGAL
MARY RIEMONTE HARRINGTON
GEORGE W.ATKINS.III (910)
FAX(918))7"-74 744-1d9J
ME NO
December 16, 1999
HAND DELIVERED
ATTN: Denise Sullivan
Salem Planning Board
One Salem Green
Salem, MA 01970
RE: 3 and 7 Winter Street m
C') _-rjcD
g-n
Dear Denise: o viv
Enclosed are the following:
m
1. Frontage Waiver Request; m
2. Original Mylar plan with ten (10) copies;
3. Check in the sum of $75.00 representing the filing fee.
T
V y truly yours
eorge W. Atkins, II
GWA/cf
Enclosures-check
.: 18,4 8 0
,RONAN SEGAL & HARRINGTON
" ATTORNEYSyAT"LAW t "
- DISBURSEMENfACCOUNT ,;
-59 FEDERALSTREET
"SALEM MA `" Pi q
,01970
DATE — ,110272
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Decision
For The Petition Of Dee Cote For A
Waiver From Frontage At 3 and 7 Winter Sif t 1633`` 'G 4` 39
05s08/00 3:40 ins? 7, ;
} 16632' PG 493
A Public Hearing on this petition was held on January 13, 2000, with the following Board
members present: Walter B. Power, III, Chairman; William Cullen; John Moustakis; Gene
Collins; Chuck Puleo and Carter Vinson. Notice of this meeting was sent to abutters and notice
of the hearing was properly published in the Salem Evening News.
Petitioner, 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 3 and 7 Winter Street to be combined 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 3 and 7 Winter Street upon
the findings by the Board that:
I. Special circumstances exist which are especiallyaffect 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 shall comply with all conditions of the Board of Appeals Decision granted on
November 17, 1999: and
Therefore, the Planning Board voted by a vote of six (6) in favor, none opposed, to grant the
waiver from frontage requirements for 3 and 7 Winter Street.
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
3 and 7 Winter Street Decision
January 27,2000-2 BK 1673-32
PG 4,34
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
oais MAY 3 2000
I hereby certify that 20 days have expired
from the date this instrument was received,
and that NO APPEAL has been Hied in this
office.
A True Co f r
ATTEST:,_CITY CLERK, Salem, Mass.
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One Salem (Sreen
CITY OF SALEM
PLANNING BOARD
Will hold a public hearing for all interested parties on the request of Dee Cote for a
waiver from the frontage requirements of the Subdivision Control Law to allow the
parcels located at 3 Winter Street and 7 Winter Street to be combined into one (1) lot.
This hearing will be held on Thursday, January 13, 2000, at 7:30 PM, in the second floor
conference room at One Salem Green.
Walter B. Power, III
Chairman
December 30, 1999 and January 6, 2000
Please Send Bill To: Atty. George Atkins
Ronan, Segal, and Harrington
59 Federal Street
Salem, MA 01970
NOTE:
- Lots 1 and 2 are currently shown as Lot 52
LOCO on Assessors Map 35.
- Lot 3 is currently shown `as Lot 54
�O MAP 35 LOT 62 on Assessors Map 35.
�► SHAWN L. SABINE &
- Lots 2 and 3 are to be combined to
> 0 MAP 35 LOT 65 ELISABETH PAIGE STURNER to form one contiguous lot having an area
o (,.) DEE COTE 20 PLEASANT ST. of 17,724f s.f.
3 PARKER CT. � REC. BK. 11912 PG. 46
z REC. BK. 12573 PG. 359 - Lot 2 is not a building lot.
o MAP 35 LOT 61 - Variance recorded in Record Book 8268 Page 481
L4�C 104 > S25'15'34"E RICHARD E. SAVICKEY for 7 Winter Street.
S10• ,
s� � 19.10 20 4g"e 22 PLEASANT ST.
so.go, - Plan References: Plan Book 141 Plan 63, LCC #10497A
.� REC. BK. 6400 PG. 193 - Salem Zoning Board of Appeals Decision dated
w i dated November 17, 1999 granted dimensional variances
o o for Lot 1 and combined Lots .3 and 3.
LOCUS MAP MAP 35 LOT 66 M M - Zoning District - R-2 Residential Two Family.
KARL WILKINSON
SCALE 1 = 800' 4 PARKER CT. Z 3
REC. BK. 13349 PG. 274 Q o
1 'a
MAP 36 LOT 449
Q- r
N
Salem Planning Board, on January 13, 2000, DAVE DUNHAM 528.07-22"E,
granted a frontage waiver for the purposes 131 BRIDGE ST.
of subdivision control for less than the required REC. BK. 13197 PG. 413
frontage on Lot 1 and combined Lots 2 and 3. W LOT 2
PLANNING BOARD APPROVAL UNDER o
Lo
AREA �4160 f S.F.
THE SUBDIVISION CONTROL LAW NOT REQUIRED r � I
't N P.K.
SALEM PLANNING BOARD
z _: NAIL off SE
I S25-4500"E -r- 9� 9 ; 2 off 'n LOT 3
1 ss ��s I s AREA 13.564 f S.F.
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MAP 35 LOT 49 I r
N-2. 00 '
MARC HA tD °' rt,] MAP 35 LOT 55
R SC EDLE z JONATHAN T. HUN7INGTON II &
- _ --
135 BRIDGE ST. i PATRICIA J. HUNTINGTON
REC. BK. 11082 PG. 64
LOT 1 !. 30.00' -• � 11 WINTER ST.
,� 8543 f S,F, N22'24'46"w REC. BK. 7100 PG. 92
utility \i 0) AREA 1
r-
pole oi____ w MAP 35 LOT 53
JOHN WRIGHT 3
M 18 a 5 WINTER ST. 'v I
KEN RING OT 50 -co __.__._� 1---_.� I W REC. BK. 3416 I
137 BRIDGE ST. z! PG. 54
a �
CERT#61903 I z
0.5' ll d
LO
0.07'
AD
MAP 35 LOT 51 I
ED MULRY '
1 WINTER ST. N I
REC. BK. 5479 PG. 698 Z
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FOR REGISTRY USE ONLY
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2
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4.5' 2.5'
F fr
IRON 64.25' N21'20'49"W CENTER FACE N21*44'47W CENTER FACE
ROD STONE POST STONE POST GAIL KGs PLANOF LAND
SET z L.
W1 N TER (PUBLIC — VARIABLE WIDTH) SMITH N
STREETNo.35043 3 & 7 WINTER STREET
9OF-, FGfSTV- vc�
�oPIA �J SALEM
PROPERTY OF
I CERTIFY THAT THIS PLAN CONFORMS TO THE GRAPHIC SCALE DEE COTE
RULES AND REGULATIONS OF THE REGISTERS OF DEEDS.
• 20 o 10 so 40 soSCALE 1" = 20' NOVEMBER 29, 1999
I► Z� � NORTH SHORE SURVEY CORPORATION
DATE REGISTERED PROFESSIONAL LAND SURVEYOR ( IN FEET ) 47 LINDEN STREET - SALEM, MA
1 inch - 20 ft. #1448
- - - - Tr ---- ----- -- - - ---- - ----,---- —
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