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BRIDGE STREET & SKERRY STREET - ZONING .�__ _ _ t�� i Z , s � _� � ._ � � - � S�� r�1 �� _- -� � � ' i R L �.. CONTRACT PAPER i I I 4 No. 153C HASTINGS. MN-LOS ANGELES LOGAN. OH-McGREGOR. TX U. S A t I Ctu of *Iem, ass*usetts (affu Pau �aslcw, ,�sga�l�as nl nm 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 U .1. J I 5i 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 �4; azo us 4 a U-1 A C LoC Eti/QP SC4 LE: SKERRY STREET ' /"= ZODO" I�w S75'26 "20"E — 57.DO 88.6 O w EX/ST/NG \ LOT Z ZX2 STORY A PPR01/4L UNDER T!-lEO DWEL L/N6 ~ QREQ= 3 977 t F O SUBD/V/S/ON CONT o p S p oO,ecN p LAW NOT REOU/RED SALEM PL QNN/NG BOARD A LOT / Il` .4 =61tf.?t s.F y /1750 26'ZO""W rtl r l LOT / 35 oATE� STEL/OS, M.4R/4 E P.4N46/OT/S 5. 6ELES/S PL,41V OF LAMP / CERT/FY T1447" T!-1/S PLAN CD/VFORMS TO TI-IF RULES AND REGULATIONS OF TAIE REG/STERS OF DEEDS. / ��N OF A&E, /M fdy �z ROBERT G� MOTES B. LOCUS /S SHOWN AS LOT /36 oATE C, No.18887 BOWMAN y ON ASSESSORS M4P 36. SA EM9 /W A S S * FC/gTE�yc0i FOR REG/STRY USE ONZY soPREPARED FOR tN OF&,q JOUAI S UL DFl1/S K/ oma* RT GN B. i o BOWMAN" 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. /0598 L... i l .L 0 us o Locz/s MAP SKERRY STREET w ... 57.00 ... ..... 77 II rX/STIN G LOT 2 2yz STORY Q � � APPROVAL UNDER TIE DWE y � O V � L L/N G O SUBD/Y/S/O/V CONTROL r O AREA= 3 977 5 F Q pORCN LAW NOT REWIRED O O o p p m SQL EM PLANNING V `� BOlRD a � ��29 I LOT AREA=6/8Z±S.F y 57. 00 88.60 -- /V 75'Z6 "ZO"lN l LOT / 35 ,04 TE:: 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 B 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