44-46 WINTHROP STREET - ZBA 44-46 WINTHROP STREET
OPe GIdamwe
74520 40% P4
s �
z'
J
1
FA
NoticeCRY OF SALEM
BOARD OF APPEAL
745.9595 Ext.361Will hold a public hearing for all
rsons interested in the petition
submitted by CLISSOLD,LLC is seek- 1
i ing a Variance pursuant to Article 9-5
to allow a second curb cut and from i-
the parking requirements of Article
t 7-3 for the property located at
4446 WINTHROP STREET R-2.Said {
hearing will be held WEDNESDAY, f
SEPTEMBER 21,2005 AT 6:30 P.M.,
' 120 WASHINGTON STREET, 3RD
FLOOR,ROOM 313. +
Nina Cohen
Chairman
(9!7,14)
S
CITY OF SALEM, MASSACHUSE7*i kl' 0r �A�LEM, MA
BOARD OF APPEAL CLERK'S OFFICE
�G
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 125 SEP 30 A q: q
MAYOR FAX: 978-740-9846
DECISION ON THE PETITION OF CLISSOLD, LLC REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 44-46 WINTHROP STREET R-2
A hearing on this petition was held on September 21, 2005 with the following Board
Members present;Richard Dionne,Nicholas Helides,Nina Cohen, Bonnie Belair and
Robin Stein. 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 parking requirements to allow a second curb
cut and from the parking requirements of Article 7-3 for the property located at 44-46
Winthrop Street 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 structures 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 plane,makes the following findings of fact:
1. Petitioner Clissold LLC, a real estate trust whose trustee is Andrew Oliver of
Marblehead, seeks a variance from the Zoning Ordinance to allow two curb cuts
and two off-street parking places for the property located at 44-46 Winthrop
Street. The two-family house is undergoing renovation into two condos, each of
which will be allowed one off-street parking place.
2. As grounds for the curb cut request,petitioner through his Attorney Scott Grover
states that with only one curb cut, residents would have to use the area behind the
house to park their vehicles. Allowing the second curb cut would permit residents
to preserve open spaces for a garden at the rear of the house while parking at the
front.
o urriLt
i
1005 SEP 30 A q 19
DECISION OF THE PETITION OF CLISSOLD LLC REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 44-46 WINTHROP STREET
page two
3. As grounds for the parking variance request,petitioner states that most of the
surrounding homes have two off-street parking spaces.
4. There was no opposition to the proposed request.
On the basis of the above findings of fact,and on,the evidence presented the Board
of Appeals finds as follows;
1. Special conditions exist when especially affect the subject property but not he.
District.
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 in favor and 0 in opposition to grant the
Variances requested, subject to the following conditions:
1. Petitioner shall comply with all city and state stature,ordinance, codes and
regulations.
2. Petitioner shall obtain approval from any City Board or Commission having
jurisdiction, including but not limited to the Planning Board.
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.
VARIANCE GRANTED 144r
�,JSEPTEMBER 21, 2005
Nina Cohen,
Board of Appeal
I
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 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
CITY OF SALEM,- MA
CLEWS OFFICE
Petition of Edward Plecinoga for Variance to allow a second dwelling unit for the
property located at 107 Columbus Ave (R-1)
1805 SEP 30 A q- I.q
1. Petitioner Edward G. Plecinoga of 166A Ocean Avenue sought a use variance
to allow a second dwelling unit to be created in the house he grew up in on
Columbus Ave. in Salem. As grounds for his request, Mr. Plecinoga states
that real estate taxes and other expenses have gone up, and he and his wife
would like to move in with his sister to share expenses.
2. With his application, Mr. Plecinoga submitted a computerized image showing
how alterations to the rear of the dwelling would enable him to install a
second, interior staircase without substantially changing the existing roofline.
Wherefore,
Property: 44-46 Winthrop Street
Salem, MA 01970
I have seen the proposed curb cuts for 44-46 Winthrop Street and do not object.
n,ILLCZ �_..
ADDRESS
NAME ADD ESS
iO 57-
NAME
N ME ADDRESS
NAME ADDRESS
I �
N E ADDRESS
NA ADDRESS
NAM!E��y"5�" ADDRESS AA 1]
NAME ltc-� ADDRESS�G��d
NAME ADDRESS
1,��.,c S� �h l °�5�
A61� ADDRESS
NAME ADDRESS
NAME ADDRESS
NAME ADDRESS
NAME ADDRESS