2 BRADFORD STREET - ZBA 2 ti c-a.�O�C� S-�c���-
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Zoning Board Project Status Sheet '
Address &Applicant:
Date Submitted to BOA:
glz�l. r
Clerk Stamp:
Vari nces Only - Constructive Approval Date: (ioo days from filing)
7Abutters List Requested:
q ested:
EY' Abutters Notice Sent:
d Notice to Abutting Cities & Towns, Councillors:
I/ Legal Notice
Le
g posted at City Hall: «a days ,,efnre rueefing) _
a' Legal Notice Emailed & Confirmed:
Legal Notice Posted on Web:
Agenda to Applicant:
Applicant's email address or fax number to send agenda:
Opened at Meeting:
--w4q -----
Continued Meetings:
Extension
Closed at Meeting: Form(s) Signed & Clerk Stamped?
tz Z� Z o � �
Decision:
Decision Filed: y
aAppeal Period Over:
fter decision filed) 7 (21"dal,
Decision Sent to Applicant:
5 7
d Notice of Decision Sent to abutters, cities and towns,
,councillors:
ZBA ACTION FORM
� _ ���a.. a_ ': ��'Toid ;�a✓c� , moo; ;
Date: Id/11 /1 (, Rebecca Curran Chair X
Mike Du K
Petitioner: Tom Watkins
Peter Co -?--
Address: 2 IV�q� S Jimm Tsitsinos X
Jim Hacker(Alt.
Paul Viccica(Alt.)
_S—
Conditions: Co✓1-FjnUeTotal:4� Vit, ' � b/t �
❑Petitioner shall comply with all city and state statutes,ordinances, codes and regulations.
❑All construction shall be done as per the plans and dimensions submitted to and approved by the Building
Commissioner.
❑All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to.
❑Petitioner shall obtain a building permit prior to beginning any construction.
❑Exterior finishes of the new construction shall be in harmony with the existing structure.
❑A Certificate of Occupancy is to be obtained.
S
❑A Certificate of Inspection is to be obtained. 1
❑Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall display said
number so as to be visible from the street.
❑Petitioner is to obtain approval from any City Board or Commission having jurisdiction including,but not
limited to,the Planning Board.
❑Unless this Decision expressly provides otherwise,any zoning relief granted does not empower or
authorize the Petitioner to demolish or reconstruct the structure(s)located on the subject property to an
extent of more than fifty percent (50%)of its floor area or more than fifty percent(50%)of its replacement
cost at the time of destruction.If the structure is demolished by any means to an extent of more than fifty
percent(50%)of its replacement cost or more than fifty percent(50%)of its floor area at the time of
destruction, it shall not be reconstructed except in conformity with the provisions of the Ordinance.
ZBA ACTION FORM
Date: t I r Il (p Rebecca Curran (Chair y
Mike Duffy 1 y
Petitioner: Tom Watkins t y
Peter Co el--
Address: Z Jimmy Tsitsinos
Jim Hacker Alt.)
Paul Viccica(Alt.)
S_
Conditions: Total:-
r
Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. t
All construction shall be done as per the plans and dimensions submitted to and approved by the Building
Commissioner.
®All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to.
Petitioner shall obtain a building permit prior to beginning any construction.
tty®Exterior finishes of the new construction shall be in harmony with the existing structure.
tLL A Certificate of Occupancy is to be obtained.
IJ A Certificate of Inspection is to be obtained.
❑Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall display said
number so as to be visible from the street.
®Petitioner is to obtain approval from any City Board or Commission having jurisdiction including,but not
limited to,the Planning Board.
❑Unless this Decision expressly provides otherwise,any zoning relief granted does not empower or
authorize the Petitioner to demolish or reconstruct the stracture(s)located on the subject property to an
extent of more than fifty percent (501/o)of its floor area or more than fifty percent(50%)of its replacement
cost at the time of destruction.If the structure is demolished by any means to an extent of more than fifty
percent(50%)of its replacement cost or more than fifty percent(50%)of its floor area at the time of
destruction, it shall not be reconstructed except in conformity with the provisions of the Ordinance.
(mac CITY OF SALEM, MASSACHUSETTS
t,
� BOARD OF APPEAL
' 120 WASHINGTON STREET♦ SALEM,MASSACHUSE 1
14
MMBERLEYDRIscoLL TELE:978-745-9595♦ FAx:978-740-9846L �� -u P 2�
MAYOR
FILE, #
1anua1y 4, 2017 CITY CLERK' °SALEM.MASS:
Decision
City of Salem Board of Appeals
Petition of ARSEN SHERAJ seeking a Special Permit per Sec. 3.3.5 Nonconforming Single- and Two-Family
Residential Structures to expand the nonconforming structure and a Variance per Sec. 4.1.1 Table of Dimensional
Requirements of the Salem Zoning Ordinance for minimum lot area per dwelling unit at 2 BRADFORD
STREET (Map 17,Lot 50)(R-2 Zoning District).
A public hearing on the above Petition was opened on October 19, 2016 pursuant to M.G.L Ch. 40A, § 11.
The hearing was continued to November 16, 2016 and December 21, 2016 and closed on that date with the
following Salem Board of Appeals members present Rebecca Curran (Chair), Peter A. Copelas, Tom
Watkins,Mike Duffy, and Jimmy Tsitsinos.
The petitioner is seeking a Special Permit per Sec. 3.3.5 Nonconforming Single-and Two-Family Residential Structures
to expand the nonconforming structure and a Variance per Sec. 4.1.1 Table of Dimensional Requirements of the
Salem Zoning Ordinance for minimum lot area per dwelling unit.
Statements of fact.
1. In the petition date-stamped September 27, 2016, the Petitioner requested a Special Permit per Sec.
3.3.5 Nonconforming Single- and Two-Family Residential Structures to expand the nonconforming structure
and a Variance per Sec. 4.1.1 Table of Dimensional Requirements of the Salem Zoning Ordinance for
minimum lot area per dwelling unit.
2. Nicole Magno,wife of Arsen Sheraj, and Attorney Quinn presented the petition.
3. The petitioner proposes removing an existing garage to construct a 2.5 story addition connected to
the existing non-conforming structure and to convert the single-family structure into a two (2) family
structure.
4. The property is located in an R2 (Residential Two-Family) district.
5. The proposed construction is an alteration, extension and change which will increase the non-
conforming nature of the existing structure will be within six (6) feet of the side-yard setback where
the requirement is ten (10� feet. The structure will also be within 13.5' feet of the rear setback where
thirty (30D feet is required. The subject lot contains 7,558 square feet where 7,500 square feet per
dwelling unit is required.
6. The petitioner is also proposing to convert the existing single family home into a duplex. A two (2)
family use is allowed by right.
7. The petitioner is proposing three (3) parking spaces and complies with the requirements of the Salem
Zoning Ordinance.
j
Ciry of Salem Board of Appeals
January 4,2017
Project:2 Bradford Street
Page 2 of 3
8. On October 19, 2016, the Board requested that the site plans show the parking layout and suggested
to the petitioner to remove as many non-conformities as possible.
9. On November 9, 2016, Attorney Quinn submitted supplemental information on behalf of the
applicant Attorney Quinn, provided a counter opinion of the Zoning Ordinance that the applicant
needed to request a Variance for minimum lot size per dwelling unit. The Zoning Ordinance in Sec.
3.3.5 Nonconforming Single- and Two-Family Residential Structures provides that "In the event that
the Building Commissioner determines that the nonconforming nature of such structure would be
increased by the proposed reconstruction, extension, alteration or change, the Board of Appeals may,
by Special Permit, allow such reconstruction, extension, alteration, or change where it determines that
the proposed modification will not be substantially more detrimental than the existing nonconforming
structure to the neighborhood."
10. At the public hearing on November 16, 2016, Attorney Quinn restated this opinion and the Board
requested that a legal opinion on the interpretation of the Zoning Ordinance be sought. The
petitioner requested a continuation to the next regularly scheduled meeting on December 21,2016.
11. In a memo dated December 2, 2016, the City Solicitor provided an opinion on the interpretation of
the Zoning Ordinance as it pertains to the expansion of existing single and two-family non-
conforming structures and found that the petitioner did not require a Variance, but rather a special
permit is the appropriate relief.
12. At the public hearing on December 21, 2016 the Board discussed the legal opinion and considered the
criteria of the request for a Special Permit per Sec. 3.3.3 Nonconforming Structure and Sec. 3.3.5
Nonconforming Single and Toro-Family Residential Structure of the Salem Zoning Ordinance to allow the
petitioner to reconstruct, extend,alter or change the nonconforming structure.
13. The requested relief, if granted, would allow the Petitioner Special Permit per Sec. 3.3.3 Non-
Conforming Structure and Sec. 3.3.5 Nonconforming Single-and Tura-Family Residential Structure to expand the
nonconforming structure.
d
14. At the public hearing one (1) member of the public spoke in favor of and none (0) spoke in
opposition to, the petition.
The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and
after thorough review of the petition, including the application narrative and plans, and the Petitioner's
presentation and public testimony, makes the following findings that the proposed project meets the
provisions of the City of Salem Zoning Ordinance:
1
Findings for Special Permit
1. The proposed expansion of a non-conforming structure would not be more substantially detrimental
than the existing non-conforming structure to the impact on the social, economic or community
needs served by the proposal.
2. There are no impacts on traffic flow and safety, including parking and loading as there are three (3)
on-site parking spaces that conform to the parking requirements of the Salem Zoning Ordinance.
3. The capacity of the utilities is not affected by the project
4. There are no impacts on the natural environment,including drainage.
5. The proposal improves neighborhood character as it improves the property.
City of Salem Board of Appeals
January 4,2017
Project:2 Bradford Street
Page 3 of 3
6. The potential fiscal impact,including impact on the City tax base is positive.
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (Rebecca
Curran (Chair), Peter A. Copelas, Jimmy Tsitsinos, Tom Watkins, Mike Duffy) in favor and none (0)
opposed, to grant a Special Permit per Sec. 3.3.3 Nonconforming Structures and 3.3.5 Nonconforming Single-and Tyro-
Family Residential Structures to reconstruction, extension, alteration or change a nonconforming single or two-
family structure subject to the following terms,conditions and safeguards:
1. The Petitioner shall comply with all city and state statutes,ordinances, codes and regulations.
2. All construction shall be done as per the plans and dimensions submitted to and approved by the
Building Commissioner
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly
adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
r
5. Exterior finishes of new construction shall be in harmony with the existing structure.
6. A Certificate of Inspection shall be obtained.
7. A Certificate of Occupancy shall be obtained.
8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but
not limited to, the Planning Board.
R
Rebecca Curran, Chair
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal fmm this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Lows Chapter 40A, and shall be filed wthin 20
days of fik'ng of this decision in the offere of the City Ckrk. Pu cant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or
Special Permargranted berein shall not take effect until a ropy of the deasion bearing the certificate of the City Clerk has been filed with the Essex South
Regstry of Deedi.
, OMNI CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
I / 1'
<<I 1016 SEP 29 P-1
\ �r 120 WASHINGTON STREET SALEM,MASSACHUSETTS OME #
C�M TFLE:978-619-5685 FAx:978 t'4tTOACOLERK. SALEM. MA-SS.
KIMBERLEY DwscoLL
MAYOR
i
City of Salem
Zoning Board of Appeals
Will hold a public hearing for all persons interested in the petition of ARSEN SHERAJ seeking a Special
Permit per Sec. 3.3.5 Nonconforming Single- and Two-Family Residential Structures to expand the
nonconforming structure and a Variance per Sec. 4.1.1 Table of Dimensional Requirements of the Salem
Zoning Ordinance for minimum lot area per dwelling unit at 2 BRADFORD STREET (Map 17, Lot
50)(R-2 Zoning District).
1
Said hearing will be held on WED, Oct. 19, 2016 at 6:30 p.m., 3rd floor, 120 WASHINGTON ST, ROOM
313.
Rebecca Curran, Chair
Board of Appeals
Salem News: October 5, 2016 & October 12, 2016
Tl. s notice posted on "Official Bulletin Board" <
Cay Hall, Salem, Mass. on jt�p4t,,.,tw A, JoiU
at 1 • JOU M in accordance uVith MGL Chap. 30A,
Sections 18-25.
I
TINTI, QUINN, GROVER & FREY, P.C.
27 CONGRESS STREET,SUITE 414
SALEM,MASSACHUSETTS 01970
WILLIAM J.TINTI THOMAS J.HOGAN
tinti@tintilaw.com TELEPHONE tjhogan@tintilaw.com
WILLIAM F.QUINN (978)745-8065 MARCYD.HAUBER
billquinnlaw@gtnail.com mhauber@tintilaw.com
SCOTT M.GROVER TELECOPIER CHRISTINA M.MIHOS
smgrover@tintilaw.com (978)745-3369 emihos@tintilaw.com
ww Jintilawxom
MARC P.FREY CERISE JALELIAN
mpfrcy@tintilaw.com ejalelian@tintilaw.co
JONATHAN M.OFILOS RECEIVED m
WILLIAM B.ARDIFF(1965-1995)
joftlos@tintilaw.com NOV O 9 MARCIA MULFORD CINI,OF COUNSEL.
2016 JERALD A PARISELLA,OFCOUNSEL.
DEPT. OF PLANNING &
COMMUNITY DEVELOPMENT
November 9, 2016
Erin Schaeffer
Salem Community Development and Planning Department
120 Washington Street
Salem, MA 01970
RE: Zoning Application for 2 Bradford Street, Salem
Dear Erin:
I am now representing this applicant and will appear for him at the Nov. 16 Board
hearing on his application.
Enclosed are sets of new submissions, being:
1. A revised site plan which specifies the location and size of the three on-site parking
spaces, as requested by the Board, and
2. Another set of elevation plans which include two additional sheets illustrating the first
and second floor plans of the proposed addition; you will notice that this addition
will be a second dwelling unit with its own kitchen, bedrooms and baths.
3. Filing Document and Grounds for Relief by Special Permit, and
4. Grounds for Finding of Hardship
After reviewing the application and materials in conjunction with the Ordinance, I am of
the opinion that the Board has authority to grant the relief requested by issuing a Special Permit
under Section 3.3.5, which applies to the expansion of existing single-and two-family structures,
and that no variance is required, even though a new non-conformity as to lot area per dwelling
will be created. While such a variance would be required for other proposals with this effect
Page 2
under section 3.3.4, the reconstruction, alteration, extension or change to existing non-
conforming single - and two-family residences is specifically exempted from this requirement.
I understand that Tom St. Pierre is away on vacation until the I8`h, which is after the
hearing, so I have not had the opportunity to discuss my opinion with him. I have therefore
included the Hardship argument in case the Board disagrees that the Special Permit is sufficient.
Very truly yours,
9�c
William F. Qui
CCITY OF SALEM, MASSACHUSETTS
BOARD OF APPEALS
120 WASHINGTON STREET, 3"D FLOOR
SALEM, MASSACUUSETTS
TO THE BOARD OF APPEALS:
RE:Zoning Application for 2 Bradford Street, Salem Received for filing on Sept. 27, 2016
FILING OF AMENDED PLANS:
The applicant is filing herewith an amended site plan entitled "Plot Plan 2 Bradford Street, Salem, Mass."
dated September 24, 2016; the only change on this plan is to show the location and dimensions of the
three (3)on-site parking spaces, as requested by the Board.
The applicant is also filing a revised set of Elevation Plans for Sheraj Residence by Verdeco Designs,
revisions dated Sept. 26, 2016,which add Sheets A3.0(Proposed Duplex First Level Plan) and A4.0
(Proposed Duplex Second Level Plan).
REQUEST FOR RELIEF:
Zoning Ordinance Section 3.3.4 (Variance Required) provides that"Except with regard to single-and two-
family structures as provided in subsection 3.3.5 below,the reconstruction, extension or structural
change of an existing nonconforming structure in such a manner as to increase an existing
nonconformity, or create a new nonconformity, shall require a variance; ..."
Ordinance Section 3.3.5 (Nonconforming Single-and Two-Family Residential Structures) provides that
"In the event that the Building Commissioner determines that the nonconforming nature of such
structure would be increased by the proposed reconstruction extension alteration or change the
Board of Appeals may, by special permit,allow such reconstruction, extension, alteration,or change
where it determine that the proposed modification will not be substantially more detrimental than the
existing nonconforming structure to the neighborhood."
The applicant seeks a special permit to allow its construction pursuant to the plans submitted under this
Section 3.3.5.
GROUNDS FOR RELIEF BY SPECIAL PERMIT:
Applicant's property, containing a single-family residence, is located in the R-2 Residential District,
meaning that both the existing and the proposed 2-family uses are allowed as a matter of right.
The existing structure is nonconforming in dimensions, as follows: 1) it is set back only 2.3 feet from the
easterly side line,where the Ordinance requires a minimum side set back of 10 feet; 2) its front is set
back only 9.1 feet from the front lot line,where the Ordinance requires a minimum front set-back of
15 feet, and 3) it is set back only 8.7 feet from the rear lot line,where the Ordinance requires a
minimum rear set-back of 30 feet.
The applicant proposes to construct a 2.5 story addition beside and connected to the existing structure,
in effect converting the existing single-family residence to a two-family duplex,as shown on the site and
elevation plans. This construction will constitute an alteration, extension and change which will increase
the non-conforming nature of the existing structure,as the side set-back of the addition will be only 6.0
feet,the rear set back only 13.4 feet, and an additional nonconformity added where the lot area per
dwelling will be only 3,779 SF per dwelling,which is less than the 7,500 SF of lot area per dwelling unit
required by the Ordinance.
The proposed modification will not be substantially more detrimental than the existing nonconforming
structure to the neighborhood because:
1. the proposed 2-family use is allowed, and the are many other 2-family residences in the
neighborhood; the proposal is consistent with the character of other residences in the
neighborhood;
2. the subject lot contains 7,558 SF,which is significantly larger than many of the surrounding lots
in the neighborhood, many of which contain only 3,500-4,000 SF;
3. with two dwellings on the lot, it will contain 3,779 SF per dwelling, which exceeds the lot per
dwelling unit ratio of many neighborhood lots;
4. the duplex will provide legally conforming on-site parking for three (3) motor vehicles, as
required by the Ordinance (1.5 space per dwelling); one additional family in the neighborhood
should have no significant effect on traffic flow or safety.
5. As the addition is being constructed in applicant's existing yard,there should be no impact on
the natural environment;
6. Adequate public services are already available at the property;
7. the construction will provide jobs in the community, will add a safe and code compliant dwelling
to the permanent housing stock of the community, and will yield additional annual real state tax
revenue to the City.
GROUNDS FOR FINDING OF HARDSHIP
FOR 2 BRADFORD STREET,SALEM
A Variance is the relaxation of the terms f the Ordinance where such relaxation will not be contrary to
the public interest and where, owing to conditions peculiar to the property and not the result of actions
of the applicant, a literal enforcement of the Ordinance would result in unnecessary and undue hardship
to the applicant.
Dimensional variances may be more liberally granted where they do not affect the use of the premises,
and where granted, may, upon review, be supported by lesser evidence than other variances.
Here,the applicant seeks to construct and maintain two dwellings on his lot,which contains 7,558 SF of
lot area. The Ordinance requires requires 7,500 SF of lot area per dwelling,which if enforced against the
applicant,will prevent him from making reasonable economic use of his property as a two-family,
despite the facts that 2-family use is allowed in this District, and a number of other two-family dwellings
exist in the neighborhood.
The size of the lot,together with the enforcement of the lot area per dwelling unit regulation, creates a
hardship,financial and otherwise, to the applicant by preventing him from making reasonable and
legally permitted use of his land for a 2-family dwelling.
The lot has existed since before zoning was enacted in Salem in 1965, and therefore,this hardship does
not come about through any action by the applicant.
The application is consistent with the zoning and actual development in the neighborhood.
Applicant's lot contains 7,558 SF of area. This is large in comparison to many of the surrounding lots in
the neighborhood, many of which contain only 3,500-4,000 SF. If applicant's request to construct the
addition is granted, the lot area per dwelling for the two dwellings will be 3,779 SF per dwelling, which
exceeds the actual lot area per dwelling of many properties in the neighborhood. This is sufficient to
find that the request is not against the public interest.
LOT COVERAGE
EXISTING HOUSE-594 IF. QR= OF MMRD
EXISTING PORCH-220 SF ARMN 6NERAJ
PROPOSED PORCH-249 S.F.
PROPOSED ADDITION-60 S.F. BOOK 22278 PARE lee EB.R.a
PROPOSED ADDI77ON-672 S.F. SONNG DI31RrCT
70TAL-1,795 SF.17;558 S.F.-2.17X TAX NAP 17 PARCEL W
\ R2 RMMNCE
\ \ FENCE PLAN R6FRRCNC&3
\\ �\ GARAGE TO BOOK 1990 PAGE 800
BE REMOVED
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}' m. 1 HEREBY CERTIFY THAT NIS PLAN IS BASED ON AN
P1y��f•p m. p -; $ ACTUAL INSNUMENT SURVEY.
pRL?� ea'
•Cn \ �' 3pe PROPOSED EDWARD J. FARRELL P.L.S. DATE
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^\ V` AD0177ON
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\ ,\ A=7,558 S.F. PARKING
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\\ \ LANDSCAPING PLOT PLAN
tD' ,2 BRADFORD STREET
SIDEWALK SALEM, MASS.
\ TREE LANDSCAPING SCALE: I"0 20' SEPT. 24, 20 16
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EXIST. WATER Rapued By
— Si. SEWER- - -- - - —— — — — — — EDWARD J. FARRELL
PROFESSIONAL LAND SURVEYOR
EXIST. cns BRADFORD STREET 1 10 WINN STREET—SUITE 209 — WOBURN, MA.
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CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
PETITION FORM
' CITY OF SALEM,MASSACHUSETTS
BOARD OF APPEALS
h8• 120 WASHINGTON STREET,3RDFLOOR 2016 SEP 21 P 12: 11
a' SALEM,MASSACHUSETTS 01970
J,rr. r,R ..A�� FILE #1
?rra;ev Thomas St.Pierre,Director of Inspectional SerX4WCLERK, SALEM, MASS
:
Phone:978-619-5641 / Fax:978-740-9846
KIMBERLEY DRISCOLL Erin Schaeffer,Staff Planner ^�
MAYOR Phone:978-619-5685/ Fax:978-740-0404 •M9' CI
TO THE BOARD OF APPEALS: Cn
The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: EP 271016
Address: dy'(a� 0'�(� ��� Zoning District: � " aOOM,e . pI , N
An application is being submitted to the Board of Appeal for the following reason(s):This statement m Sf t:LOpMENT
describe what you propose to build,the dimensions,the zone property is in,and the zoning requirements.(Example:
I am proposing to construct a 10'x 10'one story addition to my home located at 3 Salem Lane, in the R-1 Zoning
District. The Zoning Ordinance requires the minimum depth of the rear yard to be 30feet. The current depth of my
rear yard is 32 feet, the proposed addition would reduce the depth of the rear yard to 11 feet.)
am 01-0J20-5 v CO 5VfUC - a
a Ila 5to,I ry add4lpirl +o mv Wome locaied a+
6caa-fold 5V, , iin +he R-2 7orn111a b\ 5�rl CA
( 91ea5e- See aY aooed )
For this reason I am requesting:
( Variance(s)from provisions of Section of the Zoning Ordinance,specifically from
I o- area o e< J W 6'gl a L A l - (i.e.minimum depth of rear yard).
What is allowed is (ft?sq ft?stories? %?), and what I
am proposing is 7� 0?sq ft?stories? %?).
A Special Permit under Section 3r J,%f the Zoning Ordinance in order to e X
O Appeal of the Decision of the Building Inspector(described below):
t
( )Comprehensive Permit for construction of low or moderate income housing(describe below):
Current Property Use: SI Are Lot Dimensions Included? Yes ( )No Why?
(&le oFamily Home) 1�
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and allow
the project to be constructed as per the plans submitted,as the enforcement of said Zoning By-Laws would involve
practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially
derogating from the intent and purpose of the Zoning Ordinance.
CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
PETITION FORM
�,Trhe following written statement has been submitted with this application:
"" For all Variance requests a written Statement of Hardship demonstrating the following must be attached:
✓�) Special conditions and circumstances that especially affect the land,building,or structure involved,
generally not affecting other lands,buildings,and structures in the same district;
b) Literal enforcement ofthe provisions of the Ordinance would involved substantial hardship to the
applicant;and
c) Desirable relief may be granted without substantial detriment to the public good,and without nullifying or
substantially derogating from the intent of the district or the purpose of the ordinance.
For all Special Permit requests a Statement of Grounds must be attached. An application for a special permit for
a nonconforming use or structure shall include a statement demonstrating how the proposed change shall not be
substantially more detrimental than the existing nonconforming use to the neighborhood in accordance with
Section 9.4 Special Permits.Such a statement should include reference to the following criteria:
a) Social,economic,or community needs served by the proposal;
b) Traffic flow and safety, including parking and loading;
c) Adequacy of utilities and other public services;
d) Impacts on the natural'environment, including drainage:
e) Neighborhood character; and
f) Potential fiscal impact, including impact on City tax base and employment.
O For all Comprehensive Permits for construction of low or moderate income applicants should refer to M.G.L.
Ch.40B§20-23.
Previous applications to the Board of Appeals involving this property have been submitted with this petition
form. The Building Commissioner can provide documentation ofprevious applications to the petitioner or his
representative.
If different from petitioner:
Petitioner: �L� Property Owner:
Address: t2 1;,(-LL [�T(^b(-j75+ Address:
Telephone:1_9'r7D 8 5337'6 6 Telephone:
Email: CI 0 1.1 T C�� IMAI'•CO Email:
Signature: ( '='- - Signature:
1 0�^i (Attached consent letter is also acceptable)
Date: -1 G �- :2 U ) � Date:
4
If different from petitioner:
Representative:
A TRUE Address:
:a
ATTEST Telephone:
Signature:
Date:
CITY CLERK DATE DPCD DATE
This original application must be filed with the City Clerk.
2 Bradford Street variance application and statement of hardship
1 am proposing to construct a 24'x 28' 2-story residential duplex addition and 6' L-
shape covered porch to my existing home located at 2 Bradford Street, in the R-2
Zoning District. The Zoning Ordinance requires the minimum depth of the side yard
to be 10 feet and the minimum depth of the rear yard to be 30 feet Our existing
residence is presently non-conforming with these requirements and is positioned
within an irregular shaped lot. The existing side yard setback varies from 2.3'to 2.5'
and the existing rear yard setback is 8.7'from one of the rear property lines. The
proposed duplex addition would have a 6'side yard setback and the rear yard
setback would vary from 13.4' to 14.5'. It should be noted that as this is a corner
property with frontage on two streets, the proposed 13.4'to 14.5'setback
(identified above as a rear yard setback as viewed from Bradford Street) is more of a
side yard setback as viewed from Lovett Street,and in this view point it is
conforming with the minimum side yard depth of 10 feet
In reviewing this application it is clear that hardship exists due to the irregular
property lot configuration of this property and that literal enforcement would not
permit a viable design solution for my goal of creating a residential duplex as
permitted in this zone district In discussing this application with my neighbors
who are most directly affected, I am confident that there would not be any
detrimental affect to neighboring properties or the community at large and that
approval of this application would be in the spirit and intent of the zoning
ordinance.
Statement of Grounds
a) My family's social needs will be met because we will be able to remain in the
same neighborhood.We love living here.We have two small children with
another one due in February of 2017. My cousin who is here from Albania on
an international student visa is also living with us and attends Salem State
University. l also have my mother who comes from Albania every year and
stays for about 6 months with my older brother who is deaf. By expanding
our home not only will 1 be able to accommodate my family but I will also be
able to help out my brother and keep my mother close by. My brother and
mother could live in the home we currently live in while I move my family
into the larger addition. My mother will easily be able to help us take care of
our children and allow us to both go to work by living right next to us seeing
as she doesn't drive. Even though I want her and my brother to be close I also
want them to live comfortably with their own privacy and separate living
quarters,hence the large addition.
b) The traffic flow and safety will not be impacted because Bradford and Lovett
Streets are residential streets with no heavy traffic.
c) I believe the utilities and other public services are adequate enough to
support the addition.
d) I will be buying and using only high efficiency appliances, on demand water
heaters, low water usage toilets, etc. inside the proposed addition as I
currently have installed in the existing structure.
e) The proposed addition is almost identical to the existing structure and very
similar to the surrounding homes in the area therefore,there will be no
alteration to the neighborhood character.
f) 1 do not believe there will be any fiscal impact, only benefit because I will be
paying the city higher taxes because the value of my property will increase.
LOT COVERAGE
• EXISING HOUSE-594 S.F. OWNER OF RECORD
EXISIINC PORCH-220 S.F. AFSEN 910?AJ
PROPOSED PORCH=249 S.F.
PROPOSED ADD/DON=60 S.F. 9ooK 22278 PACE Jae ESR.a.
PROPOSED ADD1710N=672 S.F. 20NING DB=CT
70TAL=1,795 SF./7,556 SF.=237% TAX MAP 17 PAR W
R2 RE9DENCE
FENCE PIAN REFERENCES
GARAGE TO BOOK 1990 PAGE 600
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LANDSCAPING PLOT PLAN
,2 BRADFORD STREET
80.00' SIDEWALK SALEM, MASS.
TREE LANDSCAPING SCALE; 1"=20' SEPT. 24, 2016
BYBRADFORD STREET
EDWARD J. FARRELL
PROFESSIONAL LAND SURVEYOR
1 10 WINN STREET-SUITE 203 - WOBURN, MA.
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CITY OF SALEM
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LEGAL DEPARTMENT
93 WA.SIZINC:MN Slnr•.eT♦S:I.cnl,AIA.S.s.ualvsrn•Is 01970
TCL 978-745-9595 0 FAX:978-744-1279
KmmL*RIJ Y DRIscOLL. ELIZABE-111 RENNARD,1:SQ. V R7fOR1A CAUXXI L1.,Es'q.
MAYOR MYSOLICITOR Am%(.17Y SOLIMUR
bremard@salem.com vealdwellesalem.tom
To: Salem Zoning Board of Appeal Memb
From: Elizabeth Rennard, City Solicitor
Date: December 2, 2016
Re: Legal Opinion—2 Bradford Street
This office has been asked to render an Opinion as to whether a single-family dwelling at 2 Bradford Street,
a 7,553 s.f.parcel,may alter and expand the existing structure by constructing an additional dwelling unit in
the form of a connected townhouse, forming a 2-family duplex on one lot, by Special Permit of the Zoning
Board of Appeal (Board)or is a variance required.
1
Opinion: In preparing this opinion,I reviewed the Zoning Ordinance Sections 3.3.3 to 3.3.5 and am of the
opinion that the Board has authority to approve the application granting a Special Permit if it finds that the
proposed duplex it is not substantially more detrimental than the existing nonconforming structure to the
neighborhood.
Discussion: 2 Bradford Street is located in an R-2 Zoning District and as such the proposed two-family use is
allowed as of right in this District. The existing structure has several existing dimensional nonconformities
as to front and side set-backs,but does conform to the dimensional regulation of 7,500 s.f. per dwelling
unit. The proposed addition would extend and alter these existing set-back nonconformities and would
create a new type of dimensional nonconformity in that the lot would not meet the lot area per dwelling
requirement.
Section 3.3.4 of the Ordinance states that "Except with regard to single-and two-family structures as
provided in subsection 3.3.5 below", where an alteration or extension of a structure increases an existing
nonconformity,or creates a new nonconformity, it shall require a variance. However,this section, by its
terms, does not apply to existing nonconforming single- and two-family structures, like the application
presented here. A straight-forward reading of Section 3.3.5 of the Ordinance clearly authorizes the Board to
approve any alteration or extension of a single- or two-family structure "where the nonconforming nature of
such structure would be increased" by Special Permit, thus eliminating the need for a variance. In my
opinion, the words "nonconforming nature"mean any dimensional nonconformity, old or new.
As such, pursuant to Section 3.3.5 of the Ordinance,the Board is authorized under this Section to approve
the reconstruction, extension,alteration, or structural change to an existing nonconforming single- and two-
family residential structure that increases the nonconforming nature of such structure,whether such
alterations are to existing dimensional nonconformities, or create new dimensional nonconformities, by
Special Permit,upon its determination that the proposed modification will not be substantially more
detrimental that the existing nonconforming structure to the neighborhood, and such approvals under Section
3.3.5 for nonconforming single- and two-family residential structures do not require issuance of a variance.
Erin Schaeffer
From: Mary L. St.Pierre <emmaless@comcast.net>
Sent: Friday, October 14, 2016 11:14 AM
To: Erin Schaeffer
Subject: Petition of ARSEN SHERAJ
I am unable to attend the zoning board meeting on Wednesday,October 19, 2016.This message is to inform you that I
am in favor of your granting this variance.
I have seen the plans for the addition and think that it will be an enhancement to the neighborhood.
Thank you for giving me this opportunity to support good neighbors.
Sincerely,
Mary L. St.Pierre
6 Lovett St.
Salem, Massachusetts
i
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1
We have reviewed the plans for the proposed addition /second unit at 2 Bradford
Street and we support the petition of the owner of the property.
e: Address::
Name: Address:
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Name: Address:
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Name: nC-e4 •r— Address:
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4
CITY OF SALEM
ASSESSOR'S CERTIFICATION OF ABUTTERS AND
"PARTIES IN INTEREST"
i
BOARD/COMMISSION: Board of Appeals
PROJECT SITE 2 Bradford St {17-0050-0)
DATE: 9/28/2016
DESCRIPTION OF REQUIREMENT: Parties in Interest:
The applicant
Abutters
Owners of land opposite any street or way
Abutters and abutters to abutters within
300 feet
Planning boards of abutting cities and
towns
This is to certify that the time of the last assessment for taxation made by the City of .
Salem, the names and addresses of those listed on the attached sheets are "parties in
interest" (as defined by Massachusetts General Law Chapter 40A, Section 11) to the
parcel(s) of land listed above as the project site.
Assessor's Signature:
Date: Number of initialed pages attached:
Once Certified, Return to: Erin Schaeffer
Department of Planning and Community Development
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Xrcel ID: 17-0050-0 �arcel ID: 16-0304-0 �arcel ID: 16-0316-0
SHERAJ ARSEN VVVVVV DESROCHER KAREN J COSTAIN CAROLYN
2 BRADFORD STREET 75 TREMONT STREET#2 68 TREMONT ST
SALEM, MA 01970 _ SALEM, MA 01970 SALEM, MA 01970
/��cel ID: 16-0317-0 arcel ID: 16-0318-0 /Parcel ID: 16-0319-0
MYRE MICHAEL 103 LUONG&VONG REALTY TALKOWSKY MAX S
MYRE MYRA NGUYEN LUONG TR TALKOWSKY LILLIAN
4 DEVEREUX AVENUE 103 SCHOOL STREET 3 DEVEREAUX AVE
SALEM, MA 01970 SALEM, MA 01970 SALEM, MA 01970
/Parcel ID: 16-0320-0 Parcel ID: 16-0321-0 /Parcel ID: 16-0322-0
vvv JACKSON ARTHUR E SIMOU BASIL V GUERRIERO JAMES
JACKSON MYRTLE E SIMOU PHYLLIS 35 HIGH STREET
4 JAPONICA AVENUE 77 SCHOOL STREET TOPSFIELD, MA 01983
SALEM, MA 01970 SALEM, MA 01970
/Parcel ID: 16-0323-0 arcelID: 16-0324-0 /Parcel ID: 16-0383-0
71 SCHOOL STREET LLC - GALLAGHER KATHYA ONS ILENE
71 SCHOOL STREET 69 SCHOOL STREET 79 SCHOOL STREET
/SALEM, MA 01970 SALEM, MA 01970 SALEM, MA 01970
/Parcel ID: 17-0018-0 Parcel ID: 17-0019-0 Parcel ID: 17-0020-0
VVV PYDYNKOWSKI JOHN FLOCKHART CRAIG T MIR MILTON M
SMITH DIANE M 82 TREMONT ST MIR ROSA ATEZ DE
19 BRADFORD STREET SALEM, MA 01970 80 TREMONT ST
SALEM, MA 01970 SALEM, MA 01970
/Parcel ID: 17-0021-0 Parcel ID: 17-0022-0Parcel ID: 17-0023-0
BUNNELL DEANNA L GOODWIN ROBERT D VARGAS TINA G
BUNNELL JEFFREY C MARGARET 102 SCHOOL STREET
78 TREMONT STREET 74 TREMONT ST SALEM, MA 01970
SALEM, MA 01970 SALEM, MA 01970
VParcel ID: 17-0024-0 Parcel ID 17-0025-0 Parcel ID: 17-0026-0
HINCHEY CHRISTOPHER M HARLOW-POWELL DONALD HARLOW-POWELL DONALD
KEAVENEY MARIE A 12 ALMEDA STREET 12 ALMEDA STREET
100 SCHOOL ST SALEM, MA 01970 SALEM, MA 01970
SALEM, MA 01970
/Parcel ID: 17-0027-0 /Parcel ID: 17-0028-0 Parcel ID: 17-0029-0
LEPORE SONIA 1/CRONIN PHILIP J ROGERS PATRICIA
LEPORE VINCENT J JENNIFER C 5 BRADFORD STREET
1 BRADFORD STREET 3 BRADFORD STREET SALEM, MA 01970
SALEM, MA 01970 SALEM, MA 01970
/Parcel ID: 17-0030-0 Parcel ID: 17-0031-0 /Parcel ID: 17-0039-0
POOLE ROBERT L MCCOY LEAH R FELTON RICHARD S
MARY E 21 BRADFORD STREET FELTON SHARON
15 BRADFORD ST SALEM, MA 01970 14 BRADFORD ST
SALEM, MA 01970 SALEM, MA 01970
Parcel ID: 17-0040-0 JParcel ID: 17-0041-0 Parcel ID: 17-0042-0
STREFF JONATHAN MAGEE LINDA M NICOL WILLIAM E
WARNER MARLENE 6 BRADFORD ST NICOL CATHERINE
10 BRADFORD STREET SALEM, MA 01970 7 LOVETT ST
SALEM, MA 01970 SALEM, MA 01970
arcel ID: 17-0043-0 Parcel ID: 17-0048-0 /Parcel ID: 17-0049-0
BARRETO AVELAR ST PIERRE HENRY J GAGNON DEEJAY
154 FERN ROAD ST PIERRE MARY L 4 LOVETT ST
MEDFORD, MA 02155 6 LOVETT STREET SALEM, MA 01970
SALEM, MA 01970
Parcel ID: 17-0051-0 /Parcel ID: 17-0052-0 /Parcel ID: 17-0053-0
GOMES FERNANDO H NEUNER ARTHUR OSGOOD RICHARD W
GOMES ANA PAULA 39 OSBORNE STREET OSGOOD MONIQUE G
5 BALCOMB STREET SALEM, MA 01970 9 BALCOMB ST
SALEM, MA 01970 SALEM, MA 01970
AParcelID: 17-0054-0 - /Parcel ID: 17-0055-0 /Parcel ID: 17-0056-0
SIMONE JOSEPH W BURKE ROBERT P JR MANNINEN RICHARD
11 BALCOMB STREET BURKE KATHLEEN ENA B
SALEM, MA 01970 13 BALCOMB STREET 15 BALCOMB ST
SALEM, MA 01970 /S/ALEM, MA 01970
/P�arcelID: 17-0057-04arceIID: 17-0058-0 YParcelID: 17-0253-0
ORIN SAMUEL BETTENCOURT ANA MARIA LOJKO STANLEY J
MORIN MELISSA A BETTENCOURT ARLINDA M LOJKO MARY A
19 BALCOMB STREET 21 BALCOMB ST 38 NORTHEND AVENUE
SALEM, MA 01970 SALEM, MA 01970 {SSALEM, MA 01970
Parcel ID: 17-0254-0 Parcel ID: 17-0293-801 / Parcel ID: 17-0293-802
PLANTE NOMINEE TRUST THE MODAFF MATTHEW LEONARD SUSAN R
PLANTE RONALD G MODAFF JESSICA 10 LOVETT STREET UB
4 LARCH AVE 10 LOVETT ST UNIT A _ SALEM, MA 01970
/ParcelSSALEM, MA 01970 SALEM, MA 01970 _
/Parcel ID: 17-01-0
KILB STACY A 9 0 MOONEY PETEROB SPELIOTIS CHRISTINE A
KILB CHARLES G 41 NORTHEND AVE 16 BALCOMB STREET
39 NORTHEND AVENUE SALEM, MA 01970 SALEM, MA 01970
/SALEM, MA 01970 ��QQ
Parcel ID: 17-0302-0 Parcel ID: 17-0303-0 " arcel ID: 17-0304-0
BENNETT RUSSELL H JR 4RV4NG IAS6N— AUG O GREEN DEBRA A
BENNETT CLAUDETTE M 36R-&GUT+ RE 28 SYMONDS STREET
10 BALCOMB STSALEM, MA 01970
SALEM, MA 01970 3 '
/Parcel ID: 17-0305-0 V Parcel ID: 17-0306-0 Parcel ID: 17-0312-0
PINI DOUGLAS S JANARD HILDERGARDE E SLEJZER BOLESLAUS V
PINI PATRICIA A 24 SYMONDS STREET - SLEJER HELEN M
26 SYMONDS STREET SALEM, MA 01970 23 SYMONDS STREET
SALEM, MA 01970 SALEM, MA 01970
Arcel ID: 17-0313-0 Parcel ID: 17-0314-801 Parcel ID: 17-0314-802
GARINGER JEFFREY A CHAUDHRYAMJAD/SOBIA SHARKEY JOHN F
LAKEVIEW RD IKRAM HAIDAR SHARKEY LINDA J
ESSEX, MA 01929 31 SYMONDS ST U1 123 RANGE HEIGHTS ROAD
SALEM, MA 01970 LYNN', MA 01904
/Parcel ID: 17-0314-603 Parcel ID: 17-0314-804 / Parcel ID: 17-0314-805
ALKER JENNIFER L SHARKEY JOHN MURRAY PAUL BRIAN
31 SYMONDS ST U3 i SHARKEY LINDA 31 SYMONDS ST U5
SALEM, MA 01970 123 RANGE HEIGHTS ROAD SALEM, MA 01970
LYNN, MA 01904
I
Parcel ID: 17-0314-806 /parcel ID: 17-0314-807 arcel ID: 17-0314-808
COBB THOMAS MATCZAK LILIANA LAMARRE PARKER J
27 JAPONICA STREET KOCISZEWSKI SLAWOMIR 31 SYMONDS ST U8
SALEM, MA 01970 31 SYMONDS STREET U7 SALEM, MA 01970
SALEM, MA 01970
Parcel ID: 17-0314-809 /arcel ID: 17-0314-810 Parcel ID: 17-0314-811
NEWSOME JEFFREY CAPPELLUCCI LAURA A KANE JAMES JR
31 SYMONDS STREET U9 31 SYMONDS STREET U10 31 SYMONDS ST U11
SALEM, MA 01970 /Parcel
SAALEM, MA 01970 SALEM, MA 01970
Parcel ID: 17-0314-812 ID: 17-0314-813ParceIID* 17-0314-814
CAPITAO KELLI DEMEULE FAMILY TRUST LINATOPI JOAN
31 SYMONDS ST U12 DEMEULE HAROLD TRS 31 SYMONDS ST U14
SALEM, MA 01970 1 BEAMAN ST SALEM, MA 01970
DANVERS, MA 01923
/arcelID: 17-0314-815 Parcel ID: 17-0314-816 Parcel ID: 17-0314-817M REALTY TRUST COLLINS HELENE POUSSARD DAVID L
GUGLIOTTA DAVID M TR 31 SYMONDS ST U16 . 31 SYMONDS STREET U17
31 SYMONDS STREET U15 SALEM, MA 01970 SALEM, MA 01970
SALEM, MA 01970
ParceIID: 17-0314-818 /�ParcelID: 17-0314-819 /ParcelID: 17-0314-620
CABRERA GREISY BLACK KEVIN P CYR CHARLOTTE
31 SYMONDS STREET U18 31 SYMONDS ST U19 31 SYMONDS STREET U20
SALEM, MA 01970 SALEM, MA 01970 SALEM, MA 01970
i Parcel ID: 17-0314-821 XarcelID: 17-0314-822Parcel ID: 17-0314-823
VIGLAS DIMITRIOS P BARTMAN BENJAMIN GRIFFIN BETH M
31 SYMONDS ST U21 31 SYMONDS ST U22 31 SYMONDS STREET U23
SALEM, MA 01970 SALEM, MA 01970 SALEM, MA 01970
/Parcel ID: 17-0314-824 '/Parcel ID: 17-0315-801 Parcel ID: 17-0315-802
SNYDERMAN SEAN J HUDSON KEVIN M MCGOLDRICK PAUL
31 SYMONDS ST U24 HUDSON ERIN M MCGOLDRICK CHERI LEE
SALEM, MA 01970 6 BALCOMB STREET U1 4 BALCOMB STREET U2
SALEM, MA 01970 SALEM, MA 01970
/Parcel ID: 17-0315-803 Parcel ID: 17-0316-0 Parcel ID: 17-0317-0
CZAS JASON H MORRISON JOHN J III PSZENNY ALMA J
ARSENAULT MARIA-JOSE MORRISON 6 SPILLERS LANE
2 BALCOMB ST U3 78 SCHOOL ST IPSWICH, MA 01936-2430
SALEM, MA 01970 S L6EM, MA 01970
Parcel ID: 17-0319-0 Parcel ID: 17-0320-0 /Parcel ID: 17-0323-801
QUIRING JACOB EISEN REALTY TRUST TARSOOK BEVERLY A
FLEMING MICHAEL W EISEN ALBERTG/EISEN 8 LOVETT STREET UA
7 CHANDLER STREET 58 PUTNAM STREET SALEM, MA 01970
SALEM, MA 01970 BEVERLY, MA 01915
/ParcelID: 17-0323-802
MCCARTHY CHRISTOPHER P
MCCARTHY JANET M
8 LOVETT ST UNIT B
SALEM, MA 01970