10 CROSBY STREET - ZBA 10 CROSBY STREET h
ROBERT 6 JACQUELINE TARNOWSRI 1 - \
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DECISION OF THE PETITION OF ROBERT & JACQUELINE TARNOWSKI REQU9Vft W SAi{q_ MAS:
A VARIANCE FOR THE PROPERTY LOCATED AT 10 CROSBY STREET R-1 CiFRK'$ .OFF1f.F
A hearing on this petition was held June 17, 1998 with the following Board
members present: Nina Cohen, Paul Valaskagis, Michael Ward, Ronald Harrison
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 accordance with Massachusetts General Laws Chapter 40A.
Petitioner requests a Variance to from lot area and lot width for the
property located at 10 Crosby Street.
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 at the hearing by Attorney George W.
Atkins,III of Salem, Mass.
2 . The petitioner's requested had been continued from the May 20, 1998
hearing.
3. The lot is owned by Crosby Realty Trust, Theresa M. Bedard is the
Trustee.
4 . The lot was legally subdivided in 1985, and the Variance from lot area
was approved by the Zoning Board of Appeals. Because of time statutes,
Variance for both lot area and lot width must be requested.
5 . The subject property sits in a one family residential district (R-1) ,
and the requested relied is necessary when one applies lot area and
lot width restrictions.
6 . Variance has been requested in order to allow the construction of a
one family residence.
7. Mr. & Mrs. Tarnowski, son-in law and daughter of Theresa M. Bedard,
intend to reside in the proposed one family residence.
8 . Mr. Atkins presented plans for the proposed residence.
a
DECISION OF THE PETITION OF ROBERT & JACQUELINE TARNOWSKI REQUESTING
A VARIANCE FOR THE PROPERTY LOCATED AT 10 CROSBY STREET
page two
9. Mr. & Mrs. Tarnowski sent a letter to neighbors to disclose their plans,
which included blasting as part of the construction. The Petitioner
also conducted a meeting with all concerned abutters and neighbors to
discuss their plans.
10. At the May 20, 1998 hearing, Richard Callahan, 14 Verdon St. , Joe
Melin, 15 Verdon St. , John Rooney, 3 Crosby St. , Steve Levesque, 16
Verdon St. , Richard Deschamps, 15 Crosby St. and Kevin Barry, 11 Crosby
St. all expressed concerns about the blasting of the land.
11. At the June 17, 1998 hearing, Theresa Bedard, 17 Verdon St, and Penny
Hewitt, 18 Verdon St. appeared and spoke in favor of the petition.
Richard Dechamps, 15 Crosby St. also appeared and spoke in favor of the
petition and withdrew his concerns about the blasting.
12. At the June 17, 19998 hearing there was no opposition to the petition.
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 Ordinance would
involve substation hardship to the petitioner.
3. Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
Cn the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant
the variance requested, subject to the following conditions:
1 . Petitioner shall comply with all city and state statures, ordinances,
codes and regulations.
=.11 construction shall be done as per the plans and dimensions
submitted.
3. All requirements of the Salem Fire Department relative to smoke and
safety shall be strictly adhered to.
A Certificate of Occupancy is to be obtained.
5. Petitioner shall obtain a building permit prior to beginning any
construction.
6 . A pre-blast survey must be conducted. _
Variance Granted � /) n
June 17, 1998 / l �L nJ
Michael Ward, Member
Board of Appeal
DECISION OF THE PETITION OF ROBERT & JACQUELINE TARNOWSKI REQUESTING
A VARIANCE FOR THE PROPERTY LOCATED AT 10 CROSBY STREET
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 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
•BUILDING DEPT.
Elizabeth A. Bartlett
4 Crosby Street 13 36 F.�1
Salem, Massachusetts 01970 RECEIVED
July 14, 1998 .G' SFiLEW.mAa.
City of Salem
Board of Appeals
One Salem Green
Salem, Massachusetts 01970
Attn: Sally Murtagh, Clerk of the Board
Re: The petitidn' of Robert and Jacqueline'Tarnowski requesting
a variance at .10 Crosby Street
To Whom It May Concern: ,
Pursuant to my rights under MGL Chapter 40A, Section 17 and MGL Chapter 40A, '-
Section 11, I wish to register a formal complaint regarding the proposed
building plan and the lots' boundaries. The current plan suggests that the,
Tarnowski's driveway abuts my property at the same point my driveway, ends
and where a granite stake is, currently located._ I have 107.8 feet of frontage
as registered in Land Court. However, when my. frontage is measured•according
to the .granite-stake, I have only 100 feet: '
I am requesting at this time that the Tarnowskis and the',Board of Appeals
resolve this matter prior to 'granting this final variance because ,this will
affect the actual location of the house.
Very truly yours, _
Elizabeth A. Bartlett
cc: Robert and Jacqueline Tarnowski .
George W. Atkins _ III, Esq. ' .
Leonard O'Leary, Ward Councilor
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ZONING 80�°��DISTRICT
RESIDENCE R - 1
4
ITEM REQUIRED PROVIDED
LOT AREA 15,000 SF 8067f SF.
LOT WIDTH 100 FT. 83f FT. FT. # Locvs
FRONT YARD 15 FT. 15-� FT. `lz58Yi L
5<.
SIDE YARD 10 FT. 20=!: FT. z
REAR YARD 30 FT. 97 FT.
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LOT COVERAGE 30 199 wQ"
kb.
# VARIANCE REQUESTED
LOCUS MAP
LOT 702
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^� 86.07'
LOT 704 I
8,067f SF.
42,
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NA LOT 703
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D✓l/ELL I/VG 03
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82.76'
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VARIANCE
PLAN OF LAND
'_OCA TED IN
CROSBY STREET SALEM , MASS .
PREPARED BY
EASTERN LAND SURVEY ASSOCIATES, INC.
CHRISTOPHER R. MELLO.. PLS
104 LOWELL ST. PEABODY, MA. 01960
�'cT�jH pP M'gs'gty'�!J (978) 531 -8121
per' p HER v.
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10 �roo ELL ; SCALE: 1 = 20 APRIL 10, 1998
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ASSESSORS MAP 8 PARCEL 161 THIS PLAN HAS BEEN PREPARED FROM AN ON THE GROUND 4y OJT Cl)� PREPARED FOR
PLAN REFERENCE. LCC 11802 4 4 S
f7ELD SURVEY USING EXIS77NG DEEDS AND PLANS OF RECORD`' 50Rv� ' J 0 E L M A R R 0 N
AND IS NOT TO BE CONSIDERED A PLAN FOR RECORDING OR /'r a
PLAN DATED JULY 18, 1985 THE CONSTRUCTION OF DEEDS NO CER77FICA77ON IS INTENDED
AS TO PROPERTY 777ZE OR AS TO THE EXISTENCE OF UNWRITTEN
OR UNRECORDED EASEMENTS. 0 10 20 40 60 80 F 11176