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CONTRACT PAPER
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No. 153C
HASTINGS. MN-LOS ANGELES
LOGAN. OH-McGREGOR. TX U. S A
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FORM A
APPLICATION FOR ENDORSEMENT p
OF PLAN BELIEVED NOT TO REQUIRE JAN 3 46 FM '85
APPROVAL
In accordance with provisions of Section II-B, the FILE�k
applicant must file, by delivery or registered mail, a CITY CIERh.Sa{.ER.MASS.
Notice with the City Clerk stating the date of sub-
mission for such determination. The notice shall be
attached to two copies of this Form A application.
The notice and both copies of the application must
be "date stamped" by the City Clerk and then one
copy of this Form A, with the Plan, filed with the
Planning Board by the applicant. All notices and
applications shall be typewritten or neatly printed
in ink.
Salem, Mass., -----------------January--3-`-----_19--85-
To the Planning Board:
The undersigned, believing that the accompanying plan of his property in the City of Salem does not
constitute a subdivision within the meaning of the Subdivision Control Law because (See Sect. II-A and
state specific reasons) __plan__shows---two---1ots,-_each_ having frontage on a public way.
Both lots,-_as-_shown-_on---the_-plan, have the benefit of a Special Permit granted
by_ _theBoardof Appeal on October 31, 1984,
and herewith submits said plan for a determination and endorsement that Planning Board approval
under the Subdivision Control Law is not required.
1. Name of Owner _____________John Suldenski
Address 11 Mason Street, Salem, MA
— — —
-------------------------- ---------------------------------------------
2. Name of Engineer or Surveyor ______Essex_ Survey service, Inc.
------------------------------------------------
Address47 Federal Street, Salem, MA
----------- -- --- - --- - - -- - - -- ------------------------------
3. Deed of property records in .....Essex-South District Registry
-- — - -------
' Book ----------------------------------- -- Page ------------------------------
4. Location and Description of Property: ---2lots-situated on the corner_of Bridge_______
Street and Skerry Street.
--
--------------------------------------------------------------------------------
------------------------------
-----------------------------------
------------------------------ ---- -------- ------------------------------------
S. All streets and abutting lot lines shall be shown on the P an a er t the names of the Owners
of the abutting lots. JOHN SU D
Signature of Owner----BY---- ----'--- - La --- -
GEORG L -h ataorney
Address---
One Church Stree S _ em,_ MA
-------- -- - — -- -- - — — -----------------
Telephone Number ----------------------0500------------------------- ---------------
br
f�itg of �$ttlem, �fttssac4usetts
Poarb
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DECISION 5�L*` :SBIP TION OF JOHN J. SULDENSKI FOR A
SPECIAL PERMIT AND A VARIANCE FOR 72 BRIDGE STREET, SALEM
A hearing on this petition was held on October 17 , 1984 with the following Board
Members present: James Hacker, Chairman; Messrs. , Charnas, Gauthier, Luzinski and
Strout. Notice of the hearing was sent 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 Special Permit to allow him to alter the already noncon-
forming 10,192 square foot lot by dividing it into two lots containing 6,202 square
feet and 3,990 square feet. The petitioner also asked that a Variance be granted
from rear yard setback of 18 feet for the construction of a single family dwelling
on the lot containing 3,990 square feet.
The provision of the Salem Zoning Ordinance which is applicable to this request
for a Special Permit is Section V B 10, which provides as follows:
Notwithstanding anything to the contrary appearing
in this Ordinance, the Board of Appeal may, in
accordance with the procedure and conditions set
forth in Section VIII F and IX D, grant Special Permits
for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extension or
expansion of nonconforming lots, land, structures,
and uses, provided,however, that such change,. extension
and enlargement or expansion shall not be substantially more
detrimental than the existing nonconforming use to the
neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests,
guided by the rule that a Special Permit request may be granted upon a finding
by the Board that the grant of the Special Permit will promote the public health,
safety, convenience and welfare of the City's inhabitants.
After hearing the evidence presented at the hearing the Board of Appeal makes the
following findings of fact:
1 . The proposed division of the property will create two lots
which are consistent with the surrounding lots;
2. There was no neighborhood opposition;
On the basis of the above findings of fact and on the- evidence presented at the
hearing, the Board of Appeal concludes as follows:
1 . The proposed use of the property would not be more detrimental
to the neighborhood;
"6-
DECISION ON -H7 PETITION OF JOtiT' J . SULDENSKI FOR A
SPECIAL PERMIT AND A. VARIANCE FOR 72 BRIDGE ST. , SALEI; J
page two _
2. The proposed change of the nonconforming lot by ditc ding it int?
two noncon,`orming lots would not be substantially
to the neighborhood; i
3. The extension of the nonconfor-mity of building located at 72 Bridge
St. due to the present nonconforming setbacks will not be substantially
more detrimental to the neighborhood;
4. By the Board allowing a rear yard setback of 20 feet rather than the
reouired 30 feet the proposed use of the property will Promote the
health, safety, convenience and welfare of the city's inhabitants;
5. The proposed division and the construction of a single family dwelling
on the lot containing 3,990 square feet does not violate the intent
and purpose of the Zoning Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously to grant the Special
Permit requested under the following terms and conditions:
1 . On the lot containing 6,202 square feet eight on site parking
spaces be maintained as shown on the pians submitted to the Board.
The Zoning Board of Appeal voted unanimously to deny the petitioners request for
a Variance for the rear yard setback of the proposed single family dwelling to
be constructed on the lot containing 3,990 square feet. The petitioner was
unable to prove a hardship. The Board found that although it was desirable for
a single family dwelling to be constructed on the undersized lot, it concluded
that a building could be erected that would conform to the front, rear and side
setback requirements.
SPECIAL PERMIT GRANTED
'VARIANCE DENIED
James B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FRC..1 iH!5 CECISIO[1, IF ANY. SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
APPEALGENERA
LAPIS. !S CEC'R P' AND SHALL EE FILED MTHS.4 "c0 DAYS AFTER THE DATE OF FILING
OF THIS DEC:ST-:1 IN THE OFFICE OF THE CITY CLERn.
CHAPTER. SCS. SECTION 11. THE VA.":!F(iLF OR SPECIAL F:R:diT
CE+C i5 THE URT-
:'.E) NOT TAU EFFECT UXTIL A COPY OF 7F;E O`-C^ct<1 yL H:.S F.Ec,I FILED,
CF^'H- CI-Y CLER F, -,HU 20 CA.YS H;VE ELAFSEO A!!D COis
CF. ;gAT. IF S-:J8 P;i A.PPE°.L H'.S EEE t: FILE. T'HA" IT P.:.S 3 1 7S"IST.T E C,11 F T
P.ECGRDED C: THE SOUTH ESSEX RECISTP.'i OF DEEDS AND INDEXED 1l1:DFi. THE NAIVE OF THE OWNER
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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SALEM PL QNN/NG
BOARD
A LOT /
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oATE�
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PL,41V OF LAMP
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TO TI-IF RULES AND REGULATIONS OF TAIE
REG/STERS OF DEEDS. / ��N OF A&E, /M
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B. LOCUS /S SHOWN AS LOT /36
oATE C, No.18887 BOWMAN y ON ASSESSORS M4P 36. SA EM9
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FOR REG/STRY USE ONZY soPREPARED FOR
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1/ ,A No. IM7 o SCALE: /"= ZO' DECEMBER 3, /984
�QISTEL a2-
o /O Zo 40 60
ESSEX SURVEY SERV/CE, /NC.
47 FEDERAL STREET 5.41-EM, MASS.
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SUBD/Y/S/O/V CONTROL r O AREA= 3 977 5 F
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SQL EM PLANNING V `�
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LOT
AREA=6/8Z±S.F y
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STEL/OS, WR/4 e P4N4670 T/S S.
6EL ES/S
/ CERT/FY r1447' T915 PLAN COMFORMS PLAN OF L A/VD
TO T41F RULES AM0 RE60L4T/ON5 OF TA/E OF /N
REG/STFRS OF DEEDS. �� ROBERT cya
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NOTES :
OATE: ' � o�W87� y LOCUS /S S410W/V AS LOT /36
° ON ASSESSORS M4P 36. S L EM9 A4o4 S S .
�G�STER�
FOR REG/STRY LrsE oAIZY PREPARED FDR
JOUN SULOEIVSKI
OF f;;
ROBERT yG�y
x B.
SCALE: /"= 00 DECEMBER 3, /984
�R BOWMAN ti
NO. 18887°
G/STE��p�
SUM o io Zo 40 60
ESSEX 5URVEY 5ERV/CE, /NC.
47 FEDERAL STREET- 541-EM, M4SS.
/0598