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7 MALL STREET - ZONING / i { WAIVER OF FRONTAGE � roa a S4 , - i� 1 I♦ Ci_i Gr SALLMP HA CITY OF SALEM 'ILK'S OFFICE R R � PLANNING BOARD HIS OCT 21 A 9: 20 Decision - Waiver From Frontage For The Petition Of Wendi Goldsmith For A Waiver From Frontage At 7 Mall Street A Public Hearing on this petition was held on October 20, 2005. The Public Hearing was closed on October 20, 2005 with the following Board members present: Walter B. Power, III, Chairman; Christine Sullivan,Tim Ready,Chuck Puleo,John Moustakis,Pam Lombardini. Notice of this meeting was sent to abutters and notice of the hearing was properly published in the Salem Evening News. Wendi Goldsmith, owner of the property,is requesting a waiver from frontage requirements from the Subdivision Regulations and under MGL Chapter 41, Section 81R, to allow the property located at 7 Mall Street to be subdivided into two lots. 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 from frontage is being granted for the property located at 7 Mall Street, as shown on the plans titled, "Subdivision Plan of Land, 7 Mall Street, Salem," dated July 1, 2004, upon the findings by the Board that: 1. Special circumstances exist which especially affect the land and structures involved and which are not generally affecting other land and structures involved; 2. Literal enforcement of the provisions of the Regulations would involve substantial hardship, financial or otherwise, to the petitioner;and Therefore, the Planning Board voted by a vote of six (6) (Power, III, Chairman; Sullivan, Ready, Puleo, Moustakis,Lombardini) in favor, none opposed, to grant the waiver from frontage requirements for 7 Mall Street. 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 it has been dismissed or denied, is recorded in the Essex South 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 owner or applicant shall pay the fee for recording or registering. I hereby certify that a copy of this decision is on file with the City Clerk and that a copy of the Decision and plans is on file with the Planning Board. Walter B Power, III Chairman 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 0 WWW.SALEM.COM CLERK'S OFFICE HMAM NOTES : STREET srREEr 1085 SEP -$ P 2: 39 . ASSESSORS MAP 35 LOT 131 LOCUS RECORD OWNER: WENDI L. GOLDSMITH �tai STREET LOT ADDRESS : 7 MALL STREET SALEM, MA �a 2' $ DEED REFERENCE: BOOK 22282 PAGE 2 T OWER STREET PLAN REFERENCE : PLAN 140 OF 1943 3 LOTS A&B ARE A DIVISION OF LOT 131 ASSESSOR'S v MRSTREET MAP 35.LOT B IS TO BE CONVEYED TO ABUTTING OWNERS OF LOT 132 ON MAP 35 T'HEODORE G.& LOCUS PLAN SHIRLEY A. ANGELAKIS TO FORM ONE LOT. ENDORSEMENT BY THE PLANNING BOARD IS NOT A DE�ATION AS TO CONFORMANCE WITH ZONING REGULATIONS. N/F " JONAS APPROVAL UNDER SUBDIVISION CONTROL N/F N 07°- 10'-52"W LAW NOT REQUIRED OBRMN 59.76' SALEM PLANNING BOARD A=2,419 S.F. +/- --- ANGELAKIS N 06 0 58'- 11"W /iiiai _ MAP 35 60' -°O LOT 132 00 `Y' N/F N/F 3 c o c' - SALEM COMMON '" SIEVERT CONDOSen ..., no 00 00 o' A= 1,947 S.F. +/ # 7 v� 99 00 GOLDSMITH00 rr� MAP 35 Y6'" LOT 131 o LOT B %%///...... i EU DATE �A=113 S.F. 62.09' % %�%%��%%%%�///%////%l%%�/%��i,. %r 10.41' 49.10' 1 S 07 0-46-42"E S 07 0-46-42"E __.,_... MALL STREET (PUBLIC) SUBDIVISION PLAN OF LAND Located In SALEM, MA Prepared By THIS PLAN IS BASED ON THE RENCED PLANS,DEEDS, American Land Survey Associates, Inc. FOR REGISTRY USE ONLY AND THE RESULTS OF A FIELD SURVEY AS OF THIS DATE Kirk W. Benson PLS NO CERTIFICATION IS INTENDED AS TO PROPERTY TITLE OR AS TO THE EXIS TENCE OF OR UNRECORDED I ICI EASEMENTS 42 Cherry Street Gloucester, MA 01930 978-281-7878 RECEIVED SEP 0 S 200 �� _ 5 I HEREBY CERTIFY THIS PLAN SCALE 1 — 10 JULY 1, 2004 CONFORMS TO THE RULES AND DEPT. PL<.�; ONG P & REGULATIONS OF THE REGISTERS OF Prepared For COMMUP;1TY DEVELOPMENT DEEDS OF MASSACHUSET"TS COMMONWEALTH OF THEODORE G. & SHIRLEY A. ANGELAKIS OF MAssgcti ono �WK 0 10 20 40 BENS ON �+ KIRK W.BENSON PLS _ `l �q�,o ESS��yo�. J-3 60 SUA