13 LYNN STREET - ZBA III LYNN STREET
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Legal Notice
CITY OF SALEM
BOARD OF APPEAL
will hold a public hearing for all
persons interested in the petition sub-
mitted by ROBERT POLANSKY
requesting Variances from lot area,
lot width,lot coverage,front yard set-
back,rear yard setback,maximum
height of building to construct a
sin-gle-family for the property located at
IP 13 LYNN STREET(R-2).Said hearing
to be held WEDNESDAY, SEPTEM-
BER 19, 2001, at 6:30 P.M., 120 I
WASHINGTON STREET,third floor.
Nina Cohen,Chairman
(9/5,12)
4 I
CITY OF SALEM9 MASSACHUSET
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR CITY OF SALEM. MA
SALEM, MA.0197o CLERK'S OFFICE
TEL.(976)745-9595
FAx (976)740-9646
STANLEY J. USOVICZ, JR.
MAYOR 2001 NOV -1 P 12* .Ob
AIffiIDED DECISION tt
DECISION OF THE PETITION OF ROBERT POLANSKY REQUESTING Avxrn.a..,o.
FOR THE PROPERTY LOCATED AT 13 LYNN STREET R-2
A hearing on this petition was held October 17,2001 with the following Board Members
present: Nina Cohen, Chairman, Richard Dionne, Stephen Harris,Bonnie Belair and
Joan Boudreau. 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.
The petitioner is requesting Variances from lot area(27889,11,),lot width(47%front
setback(0;), side setback, right side(0'), rear setback(13. 60)and maximum fence
height(87)to construct a single family dwelling for the properly located at 13 Lynn
Street located in an R-2 zone.
The Variances,which have been requested, may be granted upon a finding by this
Board that:
a. Special conditions and circumstances exist which especially affect the land, building
or StnxKure involved and which are not generally affecting other lands, buildings and
structure Involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship,financial or otherwise, to the petitioners.
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 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. The petitioner represented himself at the hearing.
2. Plans were submitted showing the structure and plot plan.
3. The Historic Commission approved petitioner the same night.
4. Many abutters and neighbors spoke in favor of the petitioner and his plans, including:
Tim Doggett, Steve Palmer, Steve Whittier, Richard Luedtke, Charles Von Bruns and
John Carr.
5. There was no opposition to the plans.
r
AMENDED DECISION
DECISION OF THE PETITION OF ROBERT POLANSKY REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 13 LYNN STREET R-2
page two
On the basis of the above findings of fact, and on,the evidence presented at the
hearing, the Zoning Board of Appeal concludes as follows
1. Special conditions exist which especially affect the subject property but not the
district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
3. Desirable relief can 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.
Therefore, the Zoning Board of Appeal voted 5-0,to grant the Variances requested,
subject to the following conditions;
1. Petitioner shall comply with all city and state statures, ordinances, codes and
regulations.
2. All construction shall be done as per the plans and dimensions submitted.
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.
5. A Certificate of Occupancy shall 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 shall obtain proper street numbering from the City of Salem Assessors
Office and display said numbers so as to be visible from the street.
8. It is a condition of the variance that the property shall be maintained as a single
family residence.
9. All demolition to be completed by January 15, 2002.
Variance Granted
October 17, 2001
Richard Dionne
Board of Appeal
i
DECISION OF THE PETITION OF ROBERT POLANSKY REQUESTING A VARIANCE
FOR PROPERTY LOCATED 13 LYNN 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 until a copy of the decision bearing the .
certificate of the City Clerk that 20 days have elapsed and no appeal has been filed,
or that,if such appeal has been filed,that is 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
AGREEMENT
Now come John H. Carr, Jr. (hereinafter "Mr. Carr") of 7 River Str0eV1I$ ]e0Ep T
MA and Robert Polansky (hereinafter "Mr. Polansky") of 8 Thorndike Street,
Beverly, MA and hereby agree as follows: arJl k6V _8 A 11: '30
RECITALS
i L L.EIVFU
WHEREAS, Mr. Polanksy filed an application with the SaW&2i nWgLEM. NA
Board seeking certain variances relative to the property located at 13 Lynn
Street, Salem, MA; and
WHEREAS, at its October 17, 2001 meeting said Zoning Board approved
said application, subject to certain conditions; and
WHEREAS, Mr. Carr, Mr. Polansky, and the Salem Zoning Board all
agree that condition no. 8 as it appears in the original October 17, 2001
decision of said Zoning Board (hereinafter "the Decision") was a mistake, in that
it did not reflect the prior agreement between Mr. Polansky and the neighbors
on River and Lynn Streets, as represented to the Board by Mr. Polansky and
those neighbors testifying at the October 17, 2001 meeting of the Salem Zoning
Board; and
WHEREAS, in the absence of the within Agreement, Mr. Carr and other
neighbors on Lynn and River Streets would appeal the October 17, 2001
decision to correct condition no. 8, which original Decision was entered in the
Salem City Clerk's office on October 19, 2001; and
WHEREAS, the deadline for appealing said October 17, 2001 Decision
has not expired; and
WHEREAS, the Salem Zoning Board has issued an Amended Decision
(copy attached) correcting the original language of condition no. 8 by
substituting the following for the original language:
"8. It is a condition of the variance that the property shall be
maintained as a single family residence." and
WHEREAS, the foregoing language is acceptable to Mr. Carr, other
neighbors, and Mr. Polansky; and
WHEREAS, said Amended Decision may or may not trigger a new 20-
day appeal period, depending on whether said correction is construed by the
Salem Zoning Board as a clerical correction of the original October 17, 2001
Decision, or as part of a new superseding Amended Decision; and
WHEREAS, said Amended Decision is identical to the original
October 17, 2001 Decision in all other respects; and
WHEREAS, subject to the provisions of this Agreement, both Mr. Carr
and Mr. Polansky would like to avoid any further delay,
Now, THEREFORE, Mr. Carr and Mr. Polansky hereby agree as follows:
1. As consideration for Mr. Carr not filing an appeal from the original
October 17, 2001 Salem Zoning Board Decision, or causing, encouraging
or assisting any other neighbor to file an appeal, Mr. Polansky hereby
agrees not to challenge in any way, shape or form the corrected condition
no. 8, either as it may be construed to be merely a clerical correction of the
original October 17, 2001 Decision, or as part of the Amended Decision
entered at the Salem City Clerk's office on November 7, 2001, or
otherwise, including (without limitation) by appealing from either said
original Decision or Amended Decision, and such corrected condition
no. 8 shall remain in full force and effect.
2. As consideration for Mr. Polansky's within agreement not to challenge the
corrected condition no. 8 in either Decision, Mr. Carr hereby agrees not to
file an appeal from either the original October 17, 2001 Decision, nor the
Amended Decision, nor shall he cause, encourage, or assist any other
neighbor to appeal from said original October 17, 2001 Decision or
Amended Decision.
3. Mr. Carr hereby agrees not to oppose any attempt by Mr. Polansky to have
the corrected condition no. 8 construed by the Salem Zoning Board as part
of the original October 17, 2001 Decision, in an attempt to avoid a new 20
day appeal period commencing from entry of the Amended Decision at the
Salem City Clerk's office on November 7, 2001. However, in the event
such attempt fails, the corrected condition no. 8 shall remain in full force
and effect in either Decision.
4. Mr. Polansky's within obligations shall apply to his successors, agents, and
assigns.
5. This Agreement may be recorded at the Essex South Registry of Deeds.
Signed t h day of November 2001.
P nsky John 11. arr, Jr.
Q�' l l
•* NOL-87-81 91 :4& PM SALEM BUILDING DEP 197874898466 P. et
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"'0WAaraNaTgga4 * 811eF6�06R CITY OF SALEM, MA
10 aArwya) ►_ou4o CLERK'S OFFICE
v,G..:��aay 7�Yii
97ANtaY J. UaS111Ci,.f!. FAX WS)74044
MAYCNt .
IOOI NOV -, P 12, b
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DECISION OF IHE PETITION OF ROBERT M ANSKY REOUEnP6>e wwwwww
FOR THE PROPERTY LOCATED AT to LYNN xrFeET we
A hm"on*b per'+wa hold Odobar 17,2001 wph tho idtawkg Board Mambere
mneme Nina Cohen.ChWrrWA Mord Diorm,Staom HaeN,Bormle Oak&and
Joan Boudrem Nodw of we headitp was am to abuMere and ohm and nftn of to
�P P ewww�hopwr 4A 6varYrg NwrN to aooadarws wM
r
The pe A.).r� .+ (0),rrasr�eet of(180.el and nmbmn 9onoa
h*00(t�'S`)td fto Nhd a dw4 fdr to
bolded fat 1
street baalad In an R-2 aorta.
�N � 8 L
The Vatianosa,which haw ban equated,may be praeded upon a tbtdhV by oft
Board Mtae
L spa"oond Vorw an0 drownSknOee W*whloh$We**Oft the band,bWkkq
or Wudm bw>owd and W"an not pafra* dwr land.,bW&&"and
atltopbai Yrrohr♦.
b.Utwd uyoraarrwnt of tht mmw mm of the Zmktg Omw wm would MYCKe
aubm%rdal hwdm*,8nenatat or d?Wwise,io the peftrim
c Deeitable mild.,,ay w®ranted vXWA afbdrantld del kmW to the pk&k good end
wtlhmlt r#Mft Or AAmWnt*dkwapayng imM the Ww t fii itre di A t d to
Purpose offs .
The Board df AppmL ai r cm m oonddentlon of the evWww presented at the
harlep,and attar vkwho the pJarw, rna m the Wak*q& df fans
I- The petigoner reprrwor*W Wimf at the heftring,
2. Pone wen submftd stwwilrg the ab'ta2tra oral pbt pian.
S. The HOW0 C4 m>{eatoa appwved pWtlw r dw twrhe nWi
4. Mang Omer&W4 nfrVtrbors spoke In favor of tIw pegttorwr and his pew, h*ALp:
Ilm I M Stew Pdmsr.Stew Viftaw Rbhard t uefte,Charles Van Mum and
8. There wsa rte q*oWm to u pbtw„
NOV-07-01 01 :44 PM SALEM BUILDING DEP 197 874098466 P. 02
DECISION OF THE PETITION OF ROBERT POLANM REOUE"NO A VARIANCE
FOR THE pf?!7F%'3r ,1.MAITI AT 13 LYNN STREET R62
page two
On the basis of tM above find ngs of fad,and on,the evidence presented at ft
hearing,fhr ;:vtlrT;Dowd of Appeal concludes as fok wre
I, SpwW oondil ons cOM whM especially affect tho wNed property but not the
theroid ki gensrel.
2. LLW,,..W#.,;fJl:l A*rt of 10io IWovlawmib d 3w Uniity Ovdlrutr"V3owi I heal e
substantial horde*to tw petltlonee
3. Desirable rellef an be granted without oubstantial detri nsnt to the pubk good and
WI pit O nulltfying or substantially derogatlng from the Intent of the disMd or the
purpose of the Ordnance.
Therefore,the 2 ing Board of Appeal voted 5-0,to grant the Variances requested,
subject to tthe followkp oonditlons,
1. Pebtloner shall comply whh all city and state slaWres,ordinances,codes and
rsguftm.
2. AN construction shag be done as per the plats and dimensions eubmltted.
3. All requirements of the Belem Pre Dgma-rant Wave to smck9 and the safety shed)
to safotly adhew to.
4. Peddmw"obtain a building pw t prier to beginning arty O*Wrudw.
6. A Certiflostb of Occupancy shall ba obtained.
e. Pardoner Is to obtain approval from any City Board or Commission having
jaded w kwluding, but not writes to, the Planning Beard
7. Office and r dlepla d numbers so as to be visible from tt mom. m ltissees�re
8. It Is a condition of tfhe variance that the property shall be mahhtalned as a single
family residenos.
9, All demolldon to be completed by January 15,2002.
Variance Granted
October 1?,2001 03�
Rlahard Dionne
Band of Appeal
jNOY-07- i+;. 0: -144 PM SALEM BUILDING DEP 197074098466 r• no
w
DECISION OF THE PETITION OF ROBERT POLANVY mMolfSTI. .. A VARIANCE
FOR PROPERTY LOCATED 18 LYNN STREET R4
�tlstge
A WPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING 60AW P..`:^.
THE CITY C LEE
App"I fahil Jus d6ciAlcm, W Wy,&ham to --AW a par W%I*Seatlort 17 Of the
Massaftiseth 0""Laws C IWp W 40A,and shall be fkd whhln 20 days after do
dais of as d m d"Won in the dit d tits Cfty OWL Pursuant to
MssuduA at s C www Laws chapter 40&Saedon 11.The Varhmoe or SpooW
Pon granted heroin end nd take effoat UA c o:jp r;a Sai t1molho m boa"dw .
oefUlosto of the M O"tet 20 days hove m ap-%%%ttl has tw flied,
d 1hsR,M stteft�ilea bean:Mad,tiaA N het baso dhmWosa or deallod�
mwrdad In ft SwAh Essex Roghtay d Deeds and h%Wnad under the name d tta
Wfim of record Or Is reoordod and rated Ga to owners OWWWW of Tfde.
0oard of Appesl
7
' o CITY OF SALEM9 MASSACHUSETTS CITY OF SALEM, MA
BOARD OF APPEAL CLERK'S OFFICE
° 120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA 01970
TEL. (978) 745-9595
9r11fr8 FAX (978) 740.9846 .2001 OCT 19 P
2° 14
STANLEY J. USOVICZ, JR.
MAYOR
DECISION OF THE PETITION OF ROBERT POLANSKY REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 13 LYNN STREET R-2
A hearing on this petition was held October 17, 2001 with the following Board Members
present: Nina Cohen, Chairman, Richard Dionne, Stephen Harris, Bonnie Belair and
Joan Boudreau. 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.
The petitioner is requesting Variances from lot area (2788s,f,), lot width (47'), front
setback (0;), side setback, right side (0'), rear setback (13'. 6") and maximum fence
height (813") to construct a single family dwelling for the property located at 13 Lynn
Street located in an R-2 zone.
The Variances, which have been requested, may be granted upon a finding by this
Board that:
a. Special conditions and circumstances exist which especially affect the land, building
or structure involved and which are not generally affecting other lands, buildings and
structure involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
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 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. The petitioner represented himself at the hearing.
2. Plans were submitted showing the structure and plot plan.
3. The Historic Commission approved petitioner the same night.
4. Many abutters and neighbors spoke in favor of the petitioner and his plans, including:
Tim Doggett, Steve Palmer, Steve Whittier, Richard Luedtke, Charles Von Bruns and
John Carr.
5. There was no opposition to the plans.
,
1
DECISION OF THE PETITION OFROBERT POLANSKY REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 13 LYNN STREET R-2
page two
On the basis of the above findings of fact, and on, the evidence presented at the
hearing,the Zoning Board of Appeal concludes as follows
1. Special conditions exist which especially affect the subject property but not the
district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
3. Desirable relief can 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.
Therefore,the Zoning Board of Appeal voted 5-0, to grant the Variances requested,
subject to the following conditions;
1. Petitioner shall comply with all city and state statures, ordinances, codes and
regulations.
2. All construction shall be done as per the plans and dimensions submitted.
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.
5. A Certificate of Occupancy shall be obtained.
6. Petitioner shall obtain proper street numbering from the City of Salem Assessors
Office and display said number so as to be visible from the street.
7. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
8. Petitioner is to construct a single-family dwelling.
9. All demolition to be completed by January 15, 2002.
Variance Granted
October 17, 2001
Richard Dionne
Board of Appeal
DECISION OF THE PETITION OF ROBERT POLANSKY REQUESTING A VARIANCE
FOR PROPERTY LOCATED 13 LYNN 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 until a copy of the decision bearing the
certificate of the City Clerk that 20 days have elapsed and no appeal has been filed,
or that, if such appeal has been filed, that is 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
PETITION
We, the undersigned residents of River and Lynn Streets, wish to express
our support of the application of Robert Polansky for density and set back
variances to allow construction of a new single family dwelling at 13 Lynn
Street, Salem, MA, provided that the granting of the variance is expressly made
conditional on each of the following:
1. that the property be limited to a single family use; notwithstanding that it is
located in an R-2 zone;
2. that the design, size, mass, materials, building footprint, location of the
structure on property, and all other exterior details be approved by the
Salem Historical Commission;
3. that the precise set backs and building footprint be delegated to the Salem
Historical Commission.
NAME ADDRESS /
7
43
Y✓Q/l �ih �' l 7
RI Ufi� ST
Ze
PETITION
We, the undersigned residents of River and Lynn Streets, wish to express
our support of the application of Robert Polansky for density and set back
variances to allow construction of a new single family dwelling at 13 Lynn
Street, Salem, MA, provided that the granting of the variance is expressly made
conditional on each of the following:
1. that the property be limited to a single family use, notwithstanding that it is
located in an R-2 zone;
2. that the design, size, mass, materials, building footprint, location of the
structure on property, and all other exterior details be approved by the
Salem Historical Commission;
3. that the precise set backs and building footprint be delegated to the Salem
Historical Commission.
NAME ADDRESS
/iM/Utes
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PETITION
We, the undersigned residents of River and Lynn Streets, wish to express
our support of the application of Robert Polansky for density and set back
variances to allow construction of a new single family dwelling at 13 Lynn
Street, Salem, MA, provided that the granting of the variance is expressly made
conditional on each of the following:
1. that the property be limited to a single family use, notwithstanding that it is
located in an R-2 zone;
2. that the design, size, mass, materials, building footprint, location of the
structure on property, and all other exterior details be approved by the
Salem Historical Commission;
3. that the precise set backs and building footprint be delegated to the Salem
Historical Commission.
NAME ADDRESS
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