WAIVER OF FRONTAGE 1994 - ZONING � •
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DECISION ON THE PETITION OF PAUL FERRAGAMO, TR. FERRAGAMO FAMILY TR.
FOR VARIANCES AT 7 CLARK ST. , 20 BARNES CIRCLE & 22 BARNES CIRCLE (R-1)
A hearing on this petition was held December 1, 1993 and continued until
January 19, 1994 with the following Board Members present: Francis X.
Grealish, Chairman; George Ahmed, Stephen Touchette and Stephen O'Grady.
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.
Petitioner, owner of the property, is requesting a Variances to reconfigure
the above three lots in order to create three buildable single family lots
as follows: A variance from lot area from 15,000 sq. ft. to 11,400 sq.ft.
and from lot width from the required 100 feet to 50 feet at 7 Clark St. A
Variance from lot width from 100 feet to 59 feet at 22 Barnes Circle and
from lot width from 100 feet to 66 feet at 20 Barnes Circle.
Before hearing the merits of this petition, the Board of Appeal has to
consider whether or not there is substantial and material change from a
previous petition which was denied by this Board on June 17, 1992. The
Board of Appeal, after hearing the evidence presented, and after receiving
Consent from the City of Salem Planning Board, voted unanimously, 4-0, that
there was substantial change, said change being the addition of land area
from 5000 sq. ft. to 11,400 sq.ft. to 7 Clark St. The Board will hear the
petition.
The Variances which have been requested may be granted upon a finding by
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 lands, buildings and structures involved.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. Desirable relief may 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.
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:
DECISION ON THE PETITION OF PAUL FERRAGAMO TR. , FERRAGAMO FAMILY TRUST FOR
VARIANCE AT 7 CLARK ST. , 20 BARNES CIRCLE & 22 BARNES CIRCLE, SALEM
page two
3 0S
1. The plan submitted to the Board added a substantial. amount )6fl land to 7
Clark St. bringing the total land area to 11,406 square,,>feet:`as opposed to
the 5,000 square feet originally submitted to the Board. This original
petition was denied by the Board of Appeal.
2. The two remaining lots, 20 Barnes Circle and 22 Barnes Circle will have
the required 15,000 square feet of lot area and the frontage of these lots
will remain as they currently exist.
3. The proposed use, single family house lots, is consistent with the
existing zoning.
4. The existing neighborhood consists mainly of single family homes and a
substantial number of these homes are on lots that are significantly
smaller that the lots proposed by the petitioner.
5. The topography of the land is irregular and such irregularity does not
exist generally in the district.
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. 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 unanimously, 4-0, to grant the
variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statutes, ordinances,
codes and regulations.
2. The proposed lots shall be reconfigured in strict accordance with the
plans and dimensions submitted with the original petition dated
September 30, 1993.
3. Petitioner shall comply with all requirements of the Salem Fire
Department relative to smoke and fire safety.
4. Petitioner shall obtain a building permit from the City of Salem
Building Inspector prior to beginning any construction .
5. Petitioner shall obtain the approval of the City of Salem Planning
Board.
DECISION ON THE PETITION OF PAUL FERRAGAMO, TR. FOR VARIANCES AT 7 CLARK
ST. , 20 BARNES CIRCLE & 22 BARNES CIRCLE, SALEM
page two [[ pp
6 A pre-blast survey is to be conducted on Barnes Ciffe,uBa AVeti
and Clark St. CT
Variance Granted
January 19, 1994
Francis X. Grealish, Chairman
Board of Appeal
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 certification of the City Clerk that 20
days have elapsed and no appeal has been filed, or that, if 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.
Board of Appeal
CITY OF SALEM w
PLANNING BOARV
Will hold a public hearing for all interested par-
ties on the request submitted by Paul Ferragamo
for Waiver from the frontage requirement of the
Subdivision Control Law to allow parcels at Barnes
Circle and Clark Street, Map 3, Lots 79, 88 and
89,to be divided into three lots.This hearing will
be held on Thursday, September 1, 1994 at 7:30
P.m., One Salem Green, second Floor conference
room.
WALTER B. POWER, III
Chairman
August 18, 25, 1994 SN31310
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DECISION OF THE PETITION OF PAUL FERRAGAMO FOR A WAIVER FROM
FRONTAGE AT BARNES CIRCLE AND CLARK STREET.
A Public Hearing on this petition was held on September 1 , 1994 at
7 : 30 p.m. , with the following Board members present : Chuck Puleo,
Acting Chairman; William Cullen, David Hart , John Moustakis, Kosta
Prentakis and Carter Vinson . Notice of this Hearing was sent to
abutters and notice of the hearing was properly published in the
Salem Evening News .
Petitioner , owner of the pr ,perty , is requesting a waiver from
frontage requirements of Lots 79 , 88 & 89 , Map 3 on Barnes Circle
and Clark Street from the Subdivision Regulations under M.G.L. -
Chapter 41 - Section 81R. Zhis Section states that "A planning
board may in any particular case , )here such action is in the
public interest and nor. inconsisterit with the intent and purpose of
the subdivision control law, waive strict compliance with its rules
and regulations, and with frontage or access requirements specified
in the law. . . "
The waiver for lots 79 , 88 & 89 , Map 3 are being granted upon the
finding by this Board that :
1 . Special conditions anal circumstances exist which
especially affect the land which are not generally
affecting other lands involved ,
2 . Lot width is consistent with the surrounding neighborhood
lot widths ; aria
3 . The Planning Board determined thar. granting the waiver is
in the public interest and not inconsistent with the
intent and purpose of the subdivision control law.
Therefore , the Planning Boara voted D,/ a vote of six ( 6 ) in favor ,
none ( 0 ) opposed, to grant tike Waiver from frontage requirements
for Lots 79 , 88 & 89 , Map 3 - 20 , Barnes Circle and 7 Clark
Street .
WAIVER GRANTED
SEPTEMBER 1 , 1994
r
Tnis endorsement shall not take effect unt ' 1 app coy of the
decision bearing certification of the City Clerk �iatt t4���1f� ( Q)
days have elapsed and no appeal has been filedf.ory that it h
appeal has been filed that it has been dismissed i4r -denigd,.Ois
recorded in the Essex South District Registry o Deeds: -and'' is
indexed int he grantor index „nder the name of the owner of record
or is recorded and noted cn the owner ' s certification of title.
The fee for recording or re ,istering shall be paid by owner or
applicant. .
i hereby certify- that a copy of cr,is decision and plans are on
file with the City Clerk and a copy is on file with the Planning
Board .
Sincerely,
Walter B. Power , III
Chairman
EX\DI1',8ARIdES .WAI V
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DECISION OF THE PETITION OF NORMAN TACHE FOR A WAIVER FROM FRONTAGE
AT 121-123 BOSTON STREET.
A Public Hearing on this petition was held on September 1, 1994 at
7 : 30 p.m. , with the following Board members present : Chuck Puleo,
Acting Chairman; William Cullen, David Hart , John Moustakis , Kosta
Prentakis and Carter Vinson. Notice of this Hearing was sent to
abutters and notice of the hearing was properly published in the
Salem Evening News .
Petitioner , owner of the property, is requesting a waiver from
frontage requirements for Lot. 1 and Lot 2 , 121-123 Boston Street
from the Subdivision Regulations under M.G.L. - Chapter 41 -
Section 81R. This Section states that "A planning board may in any
particular case, where such action is in the. public interest and
not inconsistent with the intent and purpose of the subdivision
control law, waive strict compliance with its rules and
regulations, and with frontage or access requirements specified in
the law. . . "
The waiver for lots 1 & 2 are being granted upon the finding by
this Board that :
1 . The lots have two existing separate dwellings on the
property, and the subdivision of the property does not
lessen frontage requirements for either dwellings.
2 . The Planning Board determined that granting the waiver is
in the public interest and not inconsistent with the
intent and purpose of the subdivision control law.
Therefore, the Planning Board voted by a vote of six ( 6 ) in favor ,
none ( 0 ) opposed, to grant the Waiver from frontage requirements
for lots 1 & 2 - 121-124 Boston Street ,
WAIVER GRANTED
SEPTEMBER 1 , 1994
This endorsement shall not take effect untisaw lowsp
decision bearing certification of the City Clerk that twen y 2b
days have elapsed and no appeal has been filed SyMaK fif, p"Sh
appeal. has been filed that it has been dismissed C6-r�R8'14niFadG' is
recorded in the Essex South District Registry of Deeds and is
indexed in the grantor index under the name of the owner of record
or is recorded and noted on the owner ' s certification of title .
The fee for recording or registering shall be paid by owner or
applicant- .
I hereby certify tnat a copy of this decision and plans are on
file 4ith the City Clerk and a copy is on file with the Planning
Board .
Sincerely,
Walter B. Power , III
Chairman
EX\DV121-- 123WAIVER
CITY OF SALEM
PLANNING BOARD
Will hold a public hearing for all interested par-
ties on the request submitted by Norman,Annette
and Thomas Tache for Waiver from the frontage
requirement of the Subdivision Control Law to
allow parcel at 121-123 Boston Street to be divided
into two lots.This hearing will be held on Thursday,
September 1,1994 at 7:30 p.m.,One Salem Green,
second Boor conference room.
WALTER B. POWER, III -
August 18, 25, 1994 Chairman
SN31309
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DECISION OF THE PETITION OF NORMAN TACHE FOR A WAIVER FROM FRONTAGE
AT 121-123 BOSTON STREET.
A Public Hearing on this petition was held on September 1 , 1994 at
7 : 30 p.m. , with the following Board members present : Chuck Puleo,
Acting Chairman; William Cullen, David Hart , John Moustakis, Kosta
Prentakis and Carter Vinson . Notice of this Hearing was sent to
abutters and notice of the hearing was properly published in the
Salem Evening News .
Petitioner , owner of the property, is requesting a waiver from
frontage requirements for Lot. 1 and Lot 2 , 121-123 Boston Street
from the Subdivision Regulations under M.G.L. - Chapter 41 -
Section 81R. This Section states that "A planning board may in any
particular case, where such action is in the public interest and
not inconsistent with the intent and purpose of the subdivision
control law, waive strict compliance with its rules and
regulations, and with frontage or access requirements specified in
the law. . . "
The waiver for lots 1 & 2 are being granted upon the finding by
this Board that :
1 . The lots have two existing separate dwellings on the
property, and the subdivision of the property does not
lessen frontage requirements for either dwellings .
2 . The Planning Board determined that granting the waiver is
in the public interest and not inconsistent with the
intent and purpose of the subdivision control law.
Therefore, the Planning Board voted by a vote of six ( 6 ) in favor ,
none ( 0 ) opposed, to grant the Waiver from frontage requirements
for lots 1 & 2 - 121-124 Boston Street ,
WAIVER GRANTED
SEPTEMBER 1 , 1994
7'
/
This endorsement shall not take effect untijEpa 8o4�#qt We
decision bearing certification of the City Clerk that twen y +( ��
days have elapsed and no appeal has been filed ggyislfatt ;4. Ai�gh
appeal has been filed that it has been dismissed C6.1Rbt4gl dG= is
recorded in the Esse: Sokth District Registry of Deeds and is
indexed in the grantor index tinder tine name of the owner of record
or is recorded and noted on the owner ' s certification of title.
The fee for recording or registering snall be paid by owner or
applicant .
I hereby certify tnat a c )Py of itis decision and plans are on
file vitt: the City Clark: c,nd a copy is on file with the Planning
Board .
Sincerely,
.W°-'-dL� 6-
Walter B. Power , III
Chairman
EX\D11' 12i.- L23WAIVER
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T R E E .T. APPROVAL-- UNDER SUBDIVISION
BUTLER S
CONTROL LAW NOT REQUIRED
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SALEM PLANNING BOARD
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NO. 123
30.00 ' 45.00'
N 480 15' 00 W --
SUIBDIVISION
STREET ET PLAN OF LAND' .
BOSTON S LOCATED IN
SALEM , MASS.
For Registry Use Only
PREPARED BY
I HEREBY CERTIFY THIS PLAN CONFORMS
TO THE RULES AND REGULATIONS OF THE EASTERN LAND SURVEY ASSOCIATES, N C.
REGISTERS OF DEEDS OF THE COMMONWEALTH CHRISTOPHER R. MELLO P. L.S.
OF MASSACHUSETTS . 40 LOWELL STREET PEABODY , MASS .
SCALE= I " = 20' FEB . 7, 1986
SALEM ASSESSORS MAP 16 PARCEL 123 PREPARED FOR
STEPHEN T. LaMONICA S.I.T. THOMAS TACHE
0 10 20 _ - 40 60 80
F5818
lo`� R 1�6E 10T — S y s — COuri—
Eau of 'Salem, gassarbusdis
VJ..bg �3n=b MAY 9 1016 dm `54
CITY 0I"
QDm ' MIPltt &rjen CI If.
FORM A - DECISION
Ms. Deborah Burkinshaw
City Clerk
Salem City Hall
Salem, MA 01970
Dear Ms . Burkinshaw:
At a regularly scheduled meeting of the Salem Planning Board
held on May 5, 1994 it was voted to endorse "Approval Under
Subdivision Control Law Not Required" on the following described
plan :
1 . Applicant :
Heritage Cooperative Bank
71 Washington Street
21. Location and Description:
64 Bridge Street & Skerry Street Court
A parcel of land with buildings thereon situated on 64 Bridge Street and containing
15,442 s.f. of land and a parcel of land with a building thereon situated on Skerr%,
§tfedet urt and containing 4,009 s.f. of land and lying immediately adjacent to 64
Deea :Jr §. in Essex Soutn District Registry.
Sincerely,
W ooRk-6. pm-ks ,�+/ems
Walter B. Power , III
Chairman
EX\DH\BPFORMA
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DECISION OF THE PETITION OF HERITAGE CO-OPERATIVE
BANK FOR A WAIVER AT 64 BRIDGE STREET FOR LOT 4
A Public Hearing on this petition was held on April 7 , 1994 at
7 : 30 p.m. , with the following Board members present: Walter B.
Power , III , Chairman; Debbie Hilbert ; Carter Vinson; Chuck Puleo;
John Moustakis; L. Lee Harrington and Gene Collins . Notice of this
Hearing was sent to abutters and notice of the Hearing was properly
published in the Salem Evening News .
Petitioner , owner of property, is requesting a waiver from
frontage requirements for lot 4 , which will front Skerry Street
Court , from the Subdivision Regulations under M.G.L. Chapter 41,
Section 81R. This section states that "A planning board may in any
particular case, where such action is in the public interest and
not inconsistent with the intent and purpose of the subdivision
control law, waive strict compliance with its rules and
regulations, and with the frontage or access requirements
specified in the law. . . "
The waiver for Lot 4 is being granted upon a finding by the
Board that :
1 . Special conditions and circumstances exist which
especially affect the land involved which are not
generally affecting other lands involved;
2 . Lot width is consistent with the surrounding
neighborhood lot widths ; and
3 . The Planning Board determined that granting the
waiver is in the public interest and not inconsistent
with the intent and purpose of the subdivision control
law.
Therefore, the Planning Board voted by a vote of six ( 6 ) in
favor , one ( 1) opposed, to grant the waiver from frontage
requirements for Lot 4 .
WAIVER GRANTED
APRIL 7 , 1994
i
This endorsement shall not take effect until a copy of the
decision bearing certification of the City Clerk that twenty ( 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 Essex South District Registry of Deeds and is
indexed int he grantor index under the name of the owner of record
or is recorded and noted on the owner ' s certificate of title. The
fee for recording or registering shall be paid by owner or
applicant .
I hereby certify that a copy of this decision and plans are on
file with the City Clerk and a copy is on file with the Planning
Board.
Sincerely,
14
�� J• � 1��9ici4
Walter B. Power , III
Chairman
EX\PB\64FRONTW.VR
i
DAAJVfIZ S oeuctLy
2i uE2 kAlz6on
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I CERTIFY THAT THIS PLAN CONFORMS TO THE RULES AND
G REGULATION OF THE REGISTERS OF DEEDS.
31 219 y ��.>.., F . ��. �1
B
m
CHESTER 9 JANINA SAWULSKI NOTE
REC. BK. 4374 PG. 385 LOT 3 IS NOT A BUILDING LOT AND IS TO BE CONVEYED TO OWNER
LOCUS M A P JOSE C.G. s ROSE MARTINS OF LOT 2 TO FORM ONE CONTIGUOUS LOT CONTAINING Z 573 +/- SF.
SCALE: I"= 2000' REC. BK. 5574 PG. 774
+
74'- 1-
�u
58 00, E' 032 GEORGE R. 6 VICTORIA M. TACHE APPROVAL UNDER THE SUBDIVISION
�R S
q - REC. BK. 4329 PG. 259 CONTROL LAW NOT REQUIRED
CITY OF SALEM , � LOT 2 2 SALEM PLANNING BOARD
CARLTON SCHOOL h "� AREA = 2. 263 +/- S.F. 3 2s.00 / 5
z v a S
o � 4,
-�2.'45 u
•� 102 24, E
N 74-58.00 to
2611 BARN
0 3W # ( TO BE OH
BOLESLAUS J. a JANE H. PK 09531. 01 0 REMOVED)
0
JACKIMOWICZ5
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REC. BK. 10039 PG.354 O /0 32 3
• LOT 3
7 . AREA = 310 +/— S.F. }
Cu to Rcu'1
OT
L/ , AREA - 4.0094+/- S.F. =° #64
-� 5 ,, �
NJ N 73'-6�0
�^ t° W IL Gs
f a -PC,
Ho.350+30
RAYMOND 6 MARION L. HODGE v ' F�s'o A L t i�,,
REC. BK. 4157 PG. 69 0 3 ���,�`-
uJ O i
`;'
1-1 LOT 1 0 o v
Lo
AREA = 15, 442 +/- S.F.
64
3
,21 '-3811
u
RST REALTY TRUST fV
FOR REGISTRY USE ONLY REC. BK. 11495 PG. 82 PLAN OF LAND
IN
NICOLE REALTY TRUST A L Em
REC. BK. 8923 PG. 516
PREPARED FOR
THE HERITAGE COOPERATIVE BANK
SCALE 1'= 20' MARCH 2., 1994
NORTH SHORE SURVEY C01YURATION
1 INCH = 20 FEET 209 WASHINGTON STREET - SALEM MA.
20 0 20 40
#691
DAA)Vf/Z S BtUtrt,Ly
2iu£2 14AIz6oa
cv
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I CERTIFY THAT THIS PLAN CONFORMS TO THE RULES AND
REGULATION OF THE REGISTERS OF DEEDS.
3/2/9 y � . � T/
eB .�
f S _
0�
CHESTER 6 JANINA SAWULSKI NOTE
(� I v' �` MAP M e REC. BK. 4374 PG. 385 LOT 3 IS NOT A BUILDING LOT AND IS TO BE CONVEYED TO OWNER
L O v P JOSE C.G. 6 ROSE MARTINS OF LOT 2 TO FORM ONE CONTIGUOUS LOT CONTAINING 2. 573 +/- SF.
SCALE'. I"= 2000' REC. BK. 5574 PG. 774
S74--
cv 32 '45
58. 0 • E' GEORGE R. 6 VICTORIA M. TACHE APPROVAL UNDER
THE NOT R BDIVISION
S�4�32'45
RED
REC. BK. 4329 PG. 259
'
E SALEM PLANNING BOARD
LOT 2
CITY OF SALEM AREA = 2, 263 +/- S.F. 3to
25.0 0 %
'CARLTON SCHOOL'
S
= m S 74'-3;t co2 -45
00 rn Q5
24.
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P 3095 REMOVED)
BOL.ESLAUS J. 8� JANE H. K
0
JACKIMOWICZ 5,4�542/"E \
REC. BK. 10039 PG.354 O Qj /0 32 3
LOT 3
. AREA = 310 +/- S.F. f
W
to o
o ti 13.0
LOT 4
AREA = 4. 009 +/- S.F. #64
v ,3,-36 Op 2 L.
/ Coy GAIL y°n�
4.
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No.35043PC
f
4 e` `Fs 48TVF moo``'
RAYMOND 6 MARION L. HODGE
REC. BK. 4157 PG. 69
LOT 00
.� AREA = 15, 442 +/- S.F. °' -' O
J 114
N 73,� 64
2 •_
1 38 W
AST REALTY TRUST PLAN OF LAND
FOR REGISTRY USE ONLY REC. BK. 11495 PG. 82
IN
NICOLE REALTY TRUST SA
EM-
REC.
BK. 8923 PG. 516
PREPARED FOR
THE HERITAGE COOPERATIVE BANK
SCALE 1'= 20' MARCH Z 1994
NORTH SHORE SURVEY CORP"TION
20 1 INCH = 20 FEET 40 209 WASHINGTON STREET - SALEK MA.
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FOAM A - DECISION 'q u '
Ms. Deborah Burkinshaw
City Clerk
Salem City Hall
Salem, MA 01970
Dear Ms. Burkinshaw: ;
At a regularly sched4led meeting of . t Sal�(p ' Hoard
held on November 17 1994 it was voted tG endRrS� 'P r V d <
Subdivision Control Law Not Required" on' the '011o4ng�c)e��g{1p{ecJ,'t,
plan: Subdivision Plan Saloip, Maseac4uetts. .
Prepared by Carter 6 Towers, Engineering Corp 4,
6 Fairfield Avenue, Swampscott, MA 01907 ti
1. Applicant :
Theresa CUIello (Lucille Civiello) ( >
2 . Location and Description: l q
3 Savona Street, Salem, MA 01970
Lots 356 6 357 are being combined into one lot.
i- •1
Deed or property records in Essex Soutn DistrietlRegistry,
Sincerely,
I
1
Walter 'a, i?9Werr ISI
Chairm4p
I{�
EX\DH\BPFORMA
1
1
i
s
E� 3
IT OF SALEM
PLANNING BOARD
holda 13ublic hearing for all interested par-
the request submitted by Theresa and Sfri6-
viello for a Waiver from the frontage
ement of the Subdivision Control Law to
arcel at 3 Savona Street, Map 4, Lot 22,
combined into one lot on an unimproved
This hearing will be held on Thursday,Sep-
1,1994 at 7:30 p.m.,One Salem Green,secor conference room.
WALTER B. POWER, III
Chairman
t 18, 25, 19S/1rj SfZ31308
(fit ofttlem, ttssttcljuse#ts
'a��„m,,. �lximatg �aarD
41119 Mall
�alem,�luaachuaetla 01970
FORM A
APPLICATION FOR ENDORSEMENT
OF PLAN BELIEVED NOT TO REQUIRE
APPROVAL
In accordance with provisions of Section II-B, the a
applicant must file, by delivery or registered mail, a
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. Ln
The notice and both copies of the application must
$. N
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 Ln w
applications shall be typewritten or neatly printed
in ink.
Salem, Mass., ....ady---19-..........-----------------19-91–
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. 11-A and
Lots 357, 702 and 703 are created in accordance with Decision
state specific reasons) -----------
-- -- -•--------•••--
of City of Salem Board of Aapeals dated Ju1x 22_1992x•.copy attached: Owner has
requested of this Board Waiver of the frontad requirement of the Subdivision
- ----..—.._.. •-
Control Law. Each lot has more than twenty(20) feet of frontage on an existing public
......_......................•-••---------•--•---..--•••••--
and herewith submits said plan for a determination and endorsement that Planning Board approval way'
under the Subdivision Control Law is not required.
1. Name of Owner .......Marx L;--Civiello.-
Address._...._3..Sayona Streetx_,Salem3;MA-0UZ0.........-__-_—_—....................
2. Name of Engineer or Surveyor ....Joseph D. Carter, R.L.S.
.............................--..._..............-•--...-.................. ------
Address )Bcott, MA 01907
3. Deed of property records in ...................... Registry
Bggyr-Certifieate__of_-TitlEpc
4. Location and Descri tion of Property:y: ...Lots 357, 358 and 359 on Land Court Plan No. 11802E,
p ._ ------------
�.--- ----------------
dated May 5, 1928, now shown as Lots 357, 702 and 703 on plan entitled "Subdivision
;'"Ffassac-fiuseEts";"da£e3-'becember-t3';'•1-5I2; revised-llecemfier 1992,
--- -�Earter--is--`Fawt:rs�•Eng2nEeriitg-�Ctrrp::"fr--FafrvYecr�Avpx[uE;"StrampSco'rC;"MA"01907,
3osePhO• Farterr..R-rLrfr:-------••--..........................-......--...............-....---------------------
----------------------
..................................................._.•--•---•--•--••--•-••--------•---.............••..--------•----- -----------------------
----------------------------------
..... . -
5. All streets and abutting lot lines shall be shown on the Plan together
C w;t�t aures of the Owners
of the abutting
lots. x . / �'
Signature of Owner— .:... :�:. .............
Address....—....3 Savona_-&t.' . Salem, MA .
Telephone Number .... 508) 745-2815
- CtU of �$a6m, fflazzor4usetts
pan �i.0
o4a4m,,8la�sachu�Nts 01910
NOTICE TO BE ATTACHED TO
FORM"A"APPLICATIONS
See Fora "A" applications for
complete instructions for fling.
All insertions shall be typewritten
or printed neatly in ink.
Date: May 19, 1993
City Clerk
Salem, Massachusetts 01970
Dear Sir:
I hand you herewith two copies of Form A, an application submitted by me this day to the Plan-
ning Board of the City of Salem requesting a determination and an endorsement on a plan filed with
said application that Planning Board approval under the Subdivision Control Rules and Regulations is
not required.
pany g P 3 Savona Street
The land shown on the accom in plan is located at __ _._._.. .._....._._....._........................
........................— ..�. ------- in Ward ............4–.....–..........–•— ---------------
(insert street and street numbers here)
Signature of Owners
Street Address ................
3 tSavo`tia StAddress --------•----_-._ _.._.._ — .—__—_----.._._____.–........
City/rown&State..__.3a]em. htlLJll32A_-•----------.----------------------------
Telephone Number :._.(508) 745-2815
m o ca
�,..m..... �'n
{ . r-nCa
(Iittn of Salem, lassuchusctts &V
? s ?Qonra of Au �= s
• ut CO
� N
DECISION ON THE PETITION OF MARY CIVIELLO FOR VARIANCES AT 3 SAVONA
STREET (R-I)
A hearing on this petition was held July 22, 1992 with the following
Board Members present: Richard Bencal, Chairman; Richard Febonio,
Francis Grealish, Stephen Touchette and Associate Arthur Labreque.
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.
Petitioner, owner of the property, is requesting variances from lot
area. lot width, and also, with respect to lot 102 only, front yard
setback to allow parcel to be divided. Property is located in a
single family district.
The Variance which has been requested may be granted upon a finding by
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 lands, buildings and structures involved.
2. Literal enforcement of the provisions of the Zoning Ordinance
would involve substantial hardship, financial or otherwise, to the
petitioner.
3. Desirable relief may 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.
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. There was no opposition:
2. The land in question is irregular in shape and topography.
3. The proposed lots would be comparable in size and configuration too
similar lots in the neighborhood.
O W
DECISION ON THE PETITION OF MARY CIVIELLO FOR N W
VARIANCES AT 3 SAVONA STREET, SALEM
page two
n
ma
N LO
N ^,
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. 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 unanimously, 5-0, to grant
the variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statutes,
ordinances, codes and regulations.
2. The petitioner shall divide the lots as per the plans submitted.
VARIANCE GRANTED
July 22, 1992
44404ancal,4hair4meat/
Board
of Appeal
DECISION ON THE PETITION OF MARY CIVIELLO
FOR VARIANCES AT 7 SAVONA STREET, SALEM
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 certification
of the City Clerk that 20 days have elapsed and no appeal has been
filed, or that, if 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.
Board of Appeal !2
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1�uutizt$ uttr� 3 5< y
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CIT'
A�tIMINt W'" (One 4$af " Grun
DECISION OF THE PETITION OF KRISTIN AND THERESA CIVIELLO FOR A
1 WAIVER FROM FRONTAGE AT 3 SAVONA STREET.
tt
' ! A Public Hearing on this petition was held on September 15, 1994 at
{ 7 : 30 p.m. , with the following Board members present : Walter B.
Power , III , Chairman, William Cullen, David Hart , Kosta Prentakis,
Carter Vinson, Lee Harrington, and Gene Collins . Chuck Puleo
recused himself from the deliberations . Notice of this Hearing was
'! sent to abutters and notice of the hearing was properly published
in the Salem Evening News .
Petitioners, owners of the property , are requesting a waiver from
1 frontage requirements for Lot 356 & 357 , 3 Savona Street from the
Subdivision Regulations under M.G.L. Chapter 41 , Section 81R. This
Section states that "A planning board may in any particular case,
where such action is in the public interest and not inconsistent
with the intent and purpose of the subdivision control law, waive
1 strict compliance with its rules and regulations , and with frontage
or access requirements specified in the law. . . "
The waiver for lots 356 & 357 are being granted upon the finding by
this Board that :
' 1 . The Fire Department and the City Engineer shall review
the site and respond in writing that the area to be
+ utilized for a turnaround area for emergency access
i vehicles is adequate;
2 . Special conditions and circumstances exist which
_ especially affect the land involved and which are not
generally affecting other lands in the same district ;
3 . Literal enforcement of the provisions of this ordinance
would involve substantial hardship, financial or
otherwise, to the appellant;
1y
( s 4 . Desirable relief may be granted without substantial
Rf detriment to the public good and without nullifying or
substantially derogating from the intent of this
ordinance; and
it
} 5 . There are more feasible means of access to the removed
lots without land-locking the lots .
Therefore , the Planning Board voted by a vote of six ( 6) in favor ,
one ( 1 ) abstention, and none ( 0) opposed, to grant the Waiver from
frontage requirements for lots 356 s 357 , 3 Savona Street
Waiver ranted
September 15 , 1999
This endorsement shall :ut tai.e effect until a copy of the decision
bearing certification of the city Ciera that twenty ( 20 ) days have
elapsed and no appeal nas been filed or that if such appeal has
been filed that it has been dismissed or denied, is recorded in the
Essex South District Registry of Deeds and is indexed in the
grantor index under the name of the owner of record or is recorded
and noted on the owner ' s certificate of title. The fee for
recording or registering shall be paid by owner or applicant .
I hereby certify that a coYy cf this decision and plans are on file
with the City Clerk and a cop,.; is on file with the Planning Board.
Sincerely,
Walter B. Power , III
Chairman n
n<
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EX\PB\3SAJONWA. IV
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Cn �
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OCUS ?'
Hi��c.an/a -�avoyq �` P
s I ;,E n 1 I Fl THAT l±Hio A(A t1AL SURVEY W"s
Jj► ` fC �C'� tt� N 72_-44'-53 E SPK (FNO.) UAM� T IE V�OvN:✓ Inl AV�ORvAN'.�i tiYiTii
c 8(" 1 N 218.48 - — -.�,
T0P 9ROKEN 8��_ 0(DlTHE LANA` COURT INSTRUCTIONS OF f9S0
1.391
51' 0.39. WEST OF NFR 213.2&' EE T'YYEEN NOV. 29 1992 AND DEC. 8 19-D2 .
c
_.. - OF CORNFR %
LOCUS MAPlb
SCALE: I = 2100JOSEPH D. CARTER R.L.S. NO. 9387
(FNu.)
f a p;l
=0R REGISTRY OF DEEDS USEONLY
' '.i '•._
I CER T X FY THAT THIS PLAN HAS B OLD SPK 70.42
PREPARED IN CONFORMITY WITH THE t FNi' � • '�' =� ' ' � ``` �"
FRULES AND REGULATIONS OF THF. FF'G- - • „� � ' °v ` �_'�'��
ISTERS OF DFFOS OF THE COMMON-
'NEALTts OF MASSACHUSETTS, � LOT 700
PLAN NO. _i 1802-43 `
CERT. 5745 5
nA"iViSTERED I'AAD SMVXYv- LDT 7C4
PLAN NO.. 1 1002-43
o v n�'/�`�`; CERT: 57455
i:.
, � •-��! �� � ����� t
LOT Fi AR.1 ' ��� ' PLAN 11802E SHEET 2 � o
PLAN ,0 '?E Sh�. r °� CER`?'. 7173
717 9 _
f LOT 703 a �
44 9. 443 S- N
OLD S p iif.
(FNL) r LOT 337
�� )1 NOTE: TH!S LME ADJUSTED FROM
PLAN 11$1..x„ r sr 132. ON PZCORJ L.C. PLAN 11602E
CERT. 717 9 z TO 132.93' TO CLOSE BLOCK.
. a
r o � �!4 s NU8/ "In A 51 ,, @ 8E3:T
r A U --
5CT ifi TOr `"; t N71 �` :��•, . SF O NSD I..
0� :+ rvr mo i' IRAQ OF �• i 3
RAW- ar FENCZ s� � ;� t G �_U�•�� 175.S
.9PK $ T) 1.,;�1 3G.61 :� ` q�" Y r S 65a- T.
LOT 702 SHINGLE � yo
SAvONA
8,79 f S.F Dw_LLING N �� A��,, pur?L_/C Ifr`AY ry�/E DE Q e.as.
3 'o �y /S -�-
�� �b�"A SHI NGL �j rRF.y
q �0 15.23
SET OAK
131.61 ` T ;'7
40.11'.... 9L50' -- + y�s<
o S 71°-14'-05 "WNELED acgT �?
h. IN
LARGE STONE -1 573 `, SUBDIVISION PLAt%;Nkl
LAR3 �
PLANNING BOARD APPROVAL UNDER LOT 357 C LOT 574 ��
PLAN 11802E SHT. 2 p FLAB; 11802-8 SALFM ml
a g � .�P
SUBDIVISION CONTROL LAW NOT �
1 CERT. 717 � CERT. 253"lam
REQUIRED. SEE VARIANCE ON FILE Z `
SCALE : 111 = 0' D ,!-L: DrC P 0"'i
AT CITY CLERK'S OFFICE 8 / 3 / 92. r GRAPHIC SCALE _ R_.
-- — 0 20 40 6C 80 IOu — -- 150
356 2 -
-
572 CARTER C . � Lw .� Ei'"' I 1� �,1 ► .
SA1AMPSCOTT, MASS. 01907
v l (NOT F
---- B l fi,vA SU 'VISKO 0 LC'["S 3 ` AND,
DATE - - 0 L.C. PLAN 1160F SHEET y
LAN'1 � G0U1 l- C F RTIF 1 ! TE 7175 .
i
^'_ '! ria;„
W.R�U�2 ��-1 � �fVUER- �'h
73^-"�-Au�,Ps�c.� S7; - ��vrfi 6 e � (�oJir` r.
-- - - , - - - � - --i��� / - -- - -- � --.
,�
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9
02/15/1995 16:29 15089225856 PAGE 01
i
City of Salem
Planning Board
February 14,1995
Please be advised that we come before the Planning Board and withdraw the
Application for Waiver of Frontage with regards to the property located at
73K Lawrence Street. We request that this Application is withdrawn without
prejudice in order that the owners have sufficient time to review this
matter. To this time the matter has been handled by a prospective buyer of
the land in question.
Thank you for your help with regards to this matter.
incerely,
�,t®Y�I emacs'
FEB 191995
wYtA�iyYfY 1S'uv. .A aeoa� 4JC}Jb.
I
O;)Zo1po
O�� �prbie
NO TES:
� .A Gas in Revfe
LOcV -
�as� L Av w .a �' - MASSACHUSETTS BAY TRA NSPORTA T/ON AUTHOR I TY 1. PLAN REFERENCE PLAN 459 OF 1973
F
ormerly AND BOOK 276 END Boston 8 Maine RR Eastern Route Malnllne 2. DEED REFERENCE: BOOK 7114 PAGE 16
0
Newburypor I Bos ton
p tRoN P J. ZONING DISTRICT . R-2
�EFFE�oN Jl100' I //
FN 4. ASSESSORS MAP 23 PARCEL 121
z
REMAINS OF FOUNDATION GARAGE
I ZONING DISTRICT . R 2
LOCUS PLAN
LOT WIDTH LOT AREA
°' RECORD AREA 100 FT 15,000 SF
w LO 6050' SF .
rn
N SEE VARIANCE ISSUED BY THE SALEM
� �
GARAGE 3
t BOARD OF APPEALS OCTOBER 61 1994
� S 39037' 18' VW 100.00 c�
50.0
LOT l80 LOT 179 RECORD OWNER :
o
�
. ROMAN 8 GRAZYNA ENR I CO 8 GEORGE B . TASS I NAR I
JOHN T. CERCHIONE 3750- SF . o U z CHANAJ
8
w
JOSEPH M. MACLELLAN ti
ZBYSLAW S. —
MARY LOU o
DORON
APPRO VAI L UNDER THE SUBDIVISION /
CONTROL LAW NOT REQUIRED EXISTING f
Q cn DWELLING /
SALEM PLANNING BOARD
6/ No 73
i
� 0
50.0
se�
N 39°37' 18" E
SUBDIVISION
PLAN OF LAND
LAWRENCE STREET LOCATED IN
SALEM , MASS
DA TE PREPARED BY
EASTERN LAND SURVEY ASSOCIATES, INC.
FOR REGIS TRY USE ONLY I HEREBY CERTIFY THIS PLAN CONFORMS CHRISTOPHER R. MELL O, PLS
TO THE RULES AND REGULA TIONS OF THE
REGISTERS OF DEEDS OF THE COMMON— 104 LOWELL ST. PEAB0DY„ MA. 01960
WEALTH OF MASSACHUSETTS
(508) 531-8121
SCALE 1 ' -- 20' JANUARY 3, 1995
PREPARED FOR
l i
LEO K I L E Y
THIS PLAN IS BASED ON THE REFERENCED PLANS, DEEDS -
AND THE RESUL TS OF A FIELD SURVEY AS OF THIS DA TE.
NO CERTIFICATION IS INTENDED AS TO PROPERTY TI TLE 0 10 20 40' 60 80
OR AS TO THE EXISTENCE OF UNWRITTEN OR UNRECORDED
EASEMENTS F 10298
i
- �_._ T , ,