73R LAWRENCE STREET - ZBA (2) �- 73R LAWRENCE STREET
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DECISIGS OF THE P__ITION OF "rATROWIC_ =AND ENG iNEERiNG REQUESTING
VARIANCE FOR THE PROPERTY LOCATED AT 73 R LAWRENCE STREET (R-2)
A hearing on this petition was held :.ugust 21.1996 with the following Board
members present: Gary Barrett, Chairman, Albert Hili, Arthur Lebreque,
Richard Dionne and Paul Valaskatgis . 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 Yassachusetts General Laws
Chapter 40A.
Petitioner, requests a Variance from lot size and lot frontage to allow the
property to be sold as a single family building lot for the property
located at 73R Lawrence 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 ' and, buildings, or structures in the same district.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financiel 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 bringing the petit'-on on behalf on the owners of the
property Enrico Tassinari, 72 Valley St. , Salem and Liliana Tassinari,
22 3'unroe St. . : vnn.
Scott Patrowicz. Patrowicz Land Engineering, 65 Eastern Ave. Lynn,
appeared on behalf of the petitioner.
3. The owners of the property purchased in ":av 1983.
4. Petitioner represented that the d_'_apidated structures existing on the
property will be removed.
5. Petitioner represented that the c--cntemplated structure to be
constructed will have a footprint of 2100 sq. ft. ;a 15 foot front-
yard setback: 10 foot sidevard setbacks; a 30 foot rearyard setback;
and would have a height of 35 feet or less - conforming to all such
requirements in the R-2 District.
6. The lot size of the subject property is 6050 sq. ft. which is
consistent with the surrounding neighborhood.
7. The frontage of approximately 60 feet is also consistent with the
lot size in the surrounding neighborhood.
8. Gerard Tardiff, 8 Juniper Valley Road, Beverly, nephew of the owners
spoke in favor of the petition.
9. The requested variance had been previously granted by the Board of
Appeals in September 1994 .
10. Neil and Mary i'etz, 69 Lawrence St. , spoke in opposition to the
petition expressing concerns that the proposed house lot would further
crowd the neighborhood and that it would obstruct the views from their
J
DECISION OF THE 777ITTON C^ FATROWICZ LA".ND ENGI?JEERING REQUESTING
A VARIANCE FOR TK: PROPERTY LOCATED AT 73R LAWRENCE STREET (R-2)
page two
On the basis of t`e above findings of fact, and on the evidence presented
at the hearings, :he Board of Appeal concludes as follows:
1 . Special condi='_ons 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.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, tte 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.
2. All construct:^n shall be done as per plans and dimensions which are to
be certified. submitted to and approved by the Building Inspector.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety stall be strictly adhered to.
4. Petitioner shall obtain building permit prier to beginning any
construction.
5. Exterior fin'_sces of the new construction shall be in harmony with the
surrounding r.aighborhood.
6. A Certificate ^f Occupancy is to be obtained.
Variance Granted
August 21 , 1996 �S C
Gary Barrett, Chairman
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY
CLERK
Appeal from this decision, -f 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 -n the office of the City
Clerk. Pursuant t_ Massachusetts General Laws Chapter 40A. Section 11, the
Variance or Special Permit granted herein shall not take effect until a
copy of the decision hearing the certification of the City Clerk that 20
_ days have elapsed and no appeal has been filed, or that, is 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.
402 Amherst Street-Suite 300
Nashua,NH 03063-4228
r 603 595 1614
603 595 2414 FAX
GUILFORDfRANSPCRTAT(61N—INDUSTRIES, INC-.
August 13, 1996
City of Salem
Board of Appeal
One Salem Green
Salem, Massachusetts 01970
Dear Sir:
Enclosed is a copy of a notice I recently received pertaining to a proposed land use in
the City of Salem. Please be advised that Guilford Transportation Industries, Inc. manages
real estate matters for several corporations. This response is sent on behalf of the following
corporations in reply to your notice:
° Boston and Maine Corporation;
• Maine Central Railroad Company;
• Springfield Terminal Railway Company;
• Hudson River Estates, Inc.;
° Delaware River Estates, Inc.; or
• DH Estates, Inc. (formerly Delaware and Hudson Railroad).
As you may well be aware, the railroads listed above receive numerous notices on a
daily basis. Based upon the limited time frame existing between the date on which the notice
is received and the scheduled hearing date, I respectfully request your cooperation regarding
this matter.
Although the railroads are concerned with each and every notice, there are certain
instances which are of particular concern to the railroads. You may be able to advise me if
the petition involves land plans showing a crossing of railroad property. Specifically the
railroads' concern exists even in the event that your petitioner indicates that it is the holder
of a valid railroad crossing. Also, the railroads must be advised if the petition proposes any
development within 25' from the centerline of an existing railroad track, even if such
development occurs on non-railroad property. As such, petitions for variances from set back
requirements can be particularly troublesome.
w
City of Salem
Board of Appeal
August 13, 1996
Page Two
Please be advised that this letter should not be construed as a waiver of any other
objections which the railroads may have to a proponent's plan. However, the railroads
respectfully request your assistance in bringing their attention to any such matters.
Thank you for your anticipated cooperation in this regard.
Sincerely,
Kellie A. Dunn
Vice President, Real Estate
KAD:img
c: Stephen F. Nevero
Vice President-Engineering
(above w/enc.)
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11'gal Noiw
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CITY OF SA 1.1:111
BOARD OF API'l.,'AI,
I
745.9595 Ext. •381
Willhold a public hearing for all j
Persons
s interested in the petition sub fi
mitted by PATROWICZ LAND ENGI-
NEERING req uestinga Variance\
Special Permit❑'ont gut size and lot 1
frontage to allow the proprrtp to be i
sold as a single family building: lot for
the property located at 73 It
LA W7{ 'NCh, STREET (It 2). S;iid
hcaring to be held WEDNESDAY.
AUGUST 21, 1996 AT 6:00 P.111.,
ONE SALEM GREEN,2nd Boor.
' Gary Barrett,Chairman
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