13-15 CROSS STREET - ZBA �• „�13-15 CROSS STREET
MICHAEL MCNIFF
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CITY •OF SA'LEM
BOARD OF APPEAL
745-9595 Ext. 381
Will hold a public hearing for all persons interested in the petition submitted k
by MICHAEL MCNIFF requesting a Variance to sub-divide single lot into two lots
for two single family dwellings for the property located at 13-15 CROSS STREET R
(R-2) . Said hearing to be held WEDNESDAY. MARCH 19, 1997 AT 6:00 P.M. , ONE SALEM
GREEN, 2nd Floor.
Gary Barrett, Chairman
March 5 & 12, 1997
(Citu of .ittlem, Tassudjusetts
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DECISION ON THE PETITION OF MICHAEL MCNIFF FOR A VARIANCE AT 13-15 CROSS
STREET (R-2)
A hearing on this petition was held March 19, 1997 with the following
Board Members present: Gary Barrett, Chairman; Paul Valaskagis, Arthur
LaBrecque, Nina Cohen and Albert Hill. 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, is requesting a Variance to subdivide the Lot at 13-17 Cross
Street, a Variance from Lot Size and Frontage to construct a single family
house at 13 Cross Street and a Variance from Lot Size, Frontage, Side
Setback, Front Setback and Rear Setback at 15-17 Cross 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 structure involved and which are not generally
affecting other lands, buildings and structures involved.
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. This will allow petitioner fuller use of the property
2. There was no opposition in this matter.
3. Eric Williams of 15 Hawkes Street, Marblehead, Mass. , co-owner of
the abutting property at 4 Pearl Street was concerned about parking on
Cross Street and requested that only one curb cut be allowed at 13
Cross Street. Additionally, Mr. Williams requested that the petitioner
construct a six (6) foot stockade fence to separate the properties
located at 4 Pearl Street and 13 Cross Street.
4. Patricia Williams of 15 Hawkes Street Marblehead, Mass. , co-owner of
the abutting property at 4 Pearl Street requested that the petitioner
notify the neighbors prior to any demolition and that a rodent control
program be in place prior to any demolition.
DECISION OF THE PETITION OF MICHAEL MCNIFF REQUESTING A VARIANCE FOR THE
PROPERTY LOCATED AT 13-15 CROSS STREET, SALEM R-2
page two 7
5. Jack Zempellin, 32 Lynde Street, requested the petitioner to build a
colonial style house instead of a cape style house.
6. David Coggin, 300 Lafayette Street, was concerned with the quality of
the material in the Barn\Stable, if it is to be sold.
7. Virginia Shea, 10 Pearl Street, requested pest control prior to any
demolition.
On 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 variances requested, subject to the following conditions:
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 strictly adhered to.
3. All construction shall be done as per the plan and dimensions
submitted and approved by the Zoning Enforcement Officer.
4. Petitioner shall obtain a building permit prior to beginning any
construction.
5. A Certificate of Occupancy is to be obtained.
6. Petitioner is to obtain approval from any City Board or Commission
having jurisdiction including, but not limited to, the Planning Board.
7. Petitioner must obtain a Demolition Permit for 13 Cross Street.
8. Demolition at 13 Cross Street must not commence before 8:30am.
9. Notice of demolition must be given to neighbors five (5) days prior to
any and all demolition 13 Cross Street.
10. A Massachusetts Licensed Pest Control Company must be on site prior to
and during any demolition at 13 Cross Street.
11. There will only be one curb cut for parking at 13 Cross Street and that
curb cut will be located between 13 and 15-17 Cross Street.
12. A six (6) foot stockade fence is to be constructed separating the
properties at 13 Cross Street and 4 Pearl Street.
Variances Granted
March 19, 1997 �SC \
Albert C. Hill, Jr.
Member, Board of Appeal
D SION OF MICHAEL MCNI
LOCATED AT 13-15 CROSS STREET, SALEM R-2
page three
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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
LOT 116
RAYMOND L. YOUNG
98-100 BRIDGE ST.
LOT 117
LIANI REALTY TRUST LOT 115
96 BRIDGE ST. CYNTHIA A. NOWAK
102 BRIDGE ST.
73.55'
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LOT A `r 7
O AREA = 8.64 — y, . ., , , , , , , , , �~
n 5290 f S.F. 19, " 79,21' r
co IO r — — — — —— — — - 41'" �, 1i,L c�9. a
J I I ° LOT B Q LOT 113
I I -o AREA = �v ___ _ RICHARD M. QUIRK
ERIC IWILLIAMS o o d a 3 _ 5090 S.F. 2-4 SAUNDERS ST.
LOT 4 PEARL ST. I a E/-" I o , 1 `
` I ° It, o
.�C m propdsed 9 4 Cc 'Q � �
I y .0 <r dwelling co Q co
I m oa N a existing
+-17 ` dwelling
NOTES: —16.J' 32'I
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1. ZONING DISTRICT — R2. 15 1 i 78 27 #15 #17
2. LOCUS IS SHOWN AS LOTS 4 & 119 ON — — — — — — 65.60'
ASSESSOR'S MAP 36.
3. LOT WIDTH FOR LOT A = 65't CROSS STREET
4. LOT WIDTH FOR LOT B = 78't
5. LOT COVERAGE FOR LOT A = 15%
6. LOT COVERAGE FOR LOT B = 35%.
PROPOSED SUBDIVISION OF LAND
13, 15-17 CROSS STREET
SALEM
GRAPHIC: SCALE PROPERTY OF
20 +I� ��r��f��� WILLIAM P. ATTRIDGE
GAIL
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+ y [ems "� SCALE 1 = 20' FEBRUARY 20, 1997
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IN F^ET ) Nc. I NORTH SHORE SURVEY CORP.
35043
f inch = 20 ft "ao 9F �o �0 47 LINDEN ST. — SALEM, MA
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