102 BRIDGE STREET - ZBA D p
+ 102 BRIDGE STREET T�
!i
s-b
1
1
i
F--mg productionof `Stuart Little.,, -
I
Legal Notice
.CITY OF SALEM
BOARD OF APPEAL
978-745-9595,EM.381
will hold a public hearing for all per-
sons interested in the petition submit-
ted by RAYMOND 1, CYNTHIA
` JERZYLO seeking a Special Permit to
i4 allow an existing third unit to contin-
ue for property located at 102 BRIDGE
STREET R-2 Said hearing will be held
on WEDNESDAY, DECEMBER,15,
2004,at 6:30 P.M.,120 WASHINGTON
STREET,3rd FLOOR,ROOM 313.
Nina Cohen
�1211,8).
Chairman
J '
CITY OF SALEM9 MASSACHUSETT&TY OF
FF, A
a, . BOARD OF APPEAL S
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 2084 DEC 29 A la 50
MAYOR FAX: 978-740-9846 '
DECISION ON THE PETITION OF RAYMOND& CYNTHIA JERZLO
REQUESTING AN ADMINISTRATIVE RULING FOR THE PROPERTY LOCATED
AT 102 BRIDGE STREET R-2
A hearing on this petition was held on December 15,2004 with the following Board
Members present:Nina Cohen Chairman,Richard Dionne, Bonnie Belair,, Edward
Moriarty and Nicholas Helides. Notice of the hearing was sent to abutters and others
and notices of the hearing were published in the Salem Evening News in accordance with
Massachusetts General Laws Chapter 40A.
Petitioner is requesting relief to allow continuance of use of existing third dwelling unit
for the property located at 102 Bridge Street located in an R-2 zone.
The Board of Appeal,after careful consideration of the evidence and after reviewing the
plans at the hearing,makes the following findings of fact:
1. Petitioners Raymond and Cynthia Jerzlo of Salem appeared before the Board
accompanied by their legal council, Attorney William F. Quinn.
2. Petitioners purchased the property from Cynthia's parents about ten years ago;
her parents had previously owned the property continuously since 1964 and
for years before that.
3. Cynthia lived with her parents at the property in her early years, and has been
at the property thereafter throughout her life.
4. Cynthia testified of her personal knowledge that the property has always
contained three dwelling units, including the dwelling unit on the third floor.
5. City Councillor Joseph O'Keefe appeared at the hearing in support of the
application, and upon inquiry from petitioners' council,testified that he lived
in the Bridge Street area prior to 1965. He further testified that he was elected
as the Ward 2 City Councilor in 1970,that he visited with Cynthia's parents in
their apartment in the property at that time,and the building did contain a
third floor unit at that time. Councillor O'Keefe further testified that he lived
in the neighborhood in and before 1964, and based upon his knowledge of the
neighborhood and the property, he believed that the building contained the
third floor dwelling unit before 1965.
i
DECISION OF THE PETTITON OF RAYMOND& CYNTHIA JERZLO
REQUESTING AN ADMINISTRATIVE RULING FOR THE PROPERTY
LOCATED AT 102 BRIDGE STREET R-2
page two
6. Cynthia testified that the building had continued to contain the third floor
dwclling unit continuously since before 1964;that the City of Salem had
always assessed the property as a three-family,and that her parents and she
had always paid the taxes on it as a three family.
7. Petitioners submitted evidence from the City of Salem List of Polls and the
Polk's Directories that the building had continued to be occupied by three
families continuously since 1972.
8. Petitioners submitted a tag affixed to the fimmace serving only the third floor
unit evidencing that it was installed in 1968.
9. Petitioners submitted a site plan prepared by North Shore Survey dated
December 2,2004 as evidence that the site provides seven on-site outdoor
parking spaces for tenants of the property,plus a two-car garage on the site.
10. Petitioners also submitted a petition signed by several neighbors to the
property in support of the petition.
11.No one communicated with the Board or appeared at the hearing to oppose the
application.
12. The Board takes notice of the fact that the Zoning Bylaw as enacted in Salem
in 1965
Therefore,based upon the evidence presented, including much evidence that was not
presented to the Building Commissioner at the time of his consideration of the issue,
the Board voted, with four in favor and one opposed,to ,make a finding that the
existing 3 family use of the property,including the dwelling unit on the third floor, is
legal as a pre-existing non-conforming use that existed at the time of the enactment of
the City of Salem Zoning Bylaw in 1965 and has been used continuously as a 3
family since 1965,and that use is entitled to be continued unless the property loses
such legal nonconforming status in accordance with applicable law and the provisions
of the City of Salem Zoning Bylaw.
ADMINISTRATIVE RULING
GRANTED Nina Cohen, Chairman
DECEMBER 15, 2004 Board of Appeal
DECISION OF RAYMOND&CYNTHIA JERZLO REQUESTINO AN
ADMINISTRITAVE APPEAL FOR THE PROPERTY LOCATED AT 102 BRIDGE
STREET R-2
page three
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 unit a copy of the decision bearing the Certificate of the City Clerk
that 20 days have elapsed an 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
December 14, 2004
The people who have signed this petition are in favor of the petition of Ray&
Cindy Jerzylo to keep the 3 rd unit of the 3 rd floor of 102 Boston Street.
41
Gam'" 1
�17b.2�1 LIaS i U " �t� IJP t dye .�J '
�qV 3 cf"-�-s <T
a �Citp of 6aiem, �la��arbu�ett�
(office of tlje Citp Council
Citp fall
COUNCILLORS-AT-LARGE WARD COUNCILLORS
LEONARD F. O'LEARY
2004 PRESIDENT 2004
THOMAS H. FUREY CHERYLA. LAPOINTE LUCY CORCHADO
KEVIN R. HARVEY CITY CLERK MICHAEL SOSNOWSKI
JOAN B. LOVELY JEAN M. PELLETIER
ARTHUR C.SARGENT III LEONARD F. O'LEARY
MATTHEW A.VENO
MICHAEL BENGAL
JOSEPH A. O'KEEFE, SR.
December 15, 2004
Ms. Nina Cohen, Chairperson
Board of Appeals
City of Salem
Salem, MA 01970
Dear Ms. Cohen:
I would like to state that my position on the petition of Raymond & Cynthia
Jerzylo, for a Special Permit to allow an existing third unit to continue for the property
located at 102 Bridge Street R-2, as favorable and in knowing the previous owner it is my
understanding that it has always been a three family unit. Any consideration would be
appreciated.
Sincerely,
LEONARD F. O'LEARY
COUNCIL PRESIDENT
SALEM CITY HALL • 93 WASHINGTON STREET • SALEM, MA 01970-3592 • WWW.SALEM000NCIL.COM