35 ANDREW STREET - SICOTTE, EDMOND O - ZBA 35 Andrew St, ` R-2
John J. Suldenski (Pet) --- -
Edmond 0. Sicotte
(own)
VC
(I�it of �5r ajem,
- Pourb of �4pkal
DECISION ON THE PETITION OF PAUL AND JAN RICARD FOR A
SPECIAL PERMIT AND A VARIANCE FOR 29 ANDREW STREET'83 AUG 12 AID 28
A hearing on this petition was held on July 27, 1983 with the following rBoard
Members present: James Hacker, Chairman; Messrs. , Hopp:�TYL�iz_inski. 'urea associate
Member Bencal. Notice of the hearing was sent to abutters �n'd othars'and notices
were properly published in the Salem Evening News in accordance with Massachusetts
General Laws Chapter 40A.
Petitioners originally requested a Special Permit to convert an existing two
family dwelling into a four family dwelling in this R-2 district. At the hearing
the petitioner changed his request from the four family to a three family, . this
was agreeable to the Board. Petitioner is also requesting a Variance from minimum
parking requirements.
In general terms, this Board is, when reviewing Special Permit requests, guided
by the rule that a Special Permit 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, and that the request is in harmony with the Zoning Ordinance.
The Board, after considering the evidence presented at the public hearing and
after viewing plans of the property makes the following findings of fact:
I .— No opposition to petitioner's plan was raised by neighbors;
On the basis of the above findings of fact, and on the evidence presented at the
public hearing, the Board of Appeal finds that the proposed use of the property
will promote the public health, safety, convenience and welfare of the City's
inhabitants and that the proposed use is in harmony with the Zoning Ordinance.
Therefore, the Board of Zoning Appeal voted unanimously togrant petitioner the
requested relief. The Board grants the Special Permit under the following terms
and conditions:
1 . The property may be converted to a three family dwelling;
2. The use of the property as a three family dwelling is conditioned upon
the property remaining owner occupied, in the event it ceases to be
owner occupied the property shall revert back to its prior use as a
two family dwelling;
3. A Certificate of Use and Occupancy shall be obtained prior to renting
of the third apartment.
With respect to the petitioner's request for a variance, the Board of Appeal finds
as folloors:
1 . The desired variance canno be granted without substantial detriment to
the public good.
DECISION ON THE PETITION OF PAUL AND JAN RICARD
FOR A SPECIAL PERMIT AND A VARIANCE FOR
29 ANDREW STREET
page two
Therefore, the Board of Zoning Appeal voted unanimously to deny the petitioners
request for a Variance from minimum parking requirements.
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0- ¢ ,Ta.es B. Hacker, -Chairman
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AF.`-Al 311 TIM DEIFVri, IF ANY. NALL BE LIADE PORSUAYT To SECTIOA I7 D.'- TSE ;'ASS.
f"F.ii '..l ii;il ZO DAYS A..,E? T,iE C,"�_ FP_I IG
U.'-'S, l.l'�.�Y::.t: 6.J. H�:.7 SFALL _
of m_css s;; I`I THE Pril E OF T:iE C11Y CL-Ri.
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OF THE OVli;Ell
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CF PECC50 OR IS R-_CO D`7D AND NOSED CC Ii1E 0:lUER S CERTIFILh:C Ur u:_F_.
WARR Cc APPEAL.
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AN THE CITY CLERK
of ' ttWvm, 'ffittssac4nutts'
Paarb of t4peal '84 Nov -7 p3 ';)1
AMENDED DECISION ON THE PETITION OF JOHN J. SULDENSKI Fe�,
SPECIAL PERMIT FOR 35 ANDREW ST. , SALEM S1•'. '
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 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 convert an existing single family
dwelling into a three unit condominium and to expand the height of a portion
of the building in this R-2 district.
The Board of Appeal, after careful deliberation, decided there was substantial
difference between this petition and a petition which was denied on August 6, 1984.
Therefore, the Board of Appeal voted unanimously to hear this petition.
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,
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 and after viewing plans of
the property, the Board of Appeal makes the following findings of fact:
1 . Rather than impacting of existing units, this will create
additional residential housing;
2. On site parking is available;
3. There .are other 3, 4 and 5
unit houses in the area.
On the basis of the above findings of fact and on the evidence presented at
the hearing, the Board of Appeal concludes as follows:
DECISION ON THE PETITION OF JOHN J . SULDENSKIS FOR A c;
SPECIAL PERMIT FOR 35 ANDREW ST. , SALEM
1 . The proposed use of the property would not be morealetomenpa]p �4i11
the neighborhood;
2. The proposed use will promote the public health, &4;4ni lence and` '` '-
welfare of the City's inhabitants. `P
Therefore, the Zoning Board of Appeal voted four to one, Mr. Luzinski voted
against, to grant the petitioner's request for a Special Permit under the
following terms and conditions:
1 . Eight on-site parking spaces will be maintained;
2. Access to the parking area will not be from Andrew St. , access will be
from Webb St. ;
3. A Certificate of Occupancy shall be obtained for each unit.
SPECIAL PERMIT GRANTED
CU
aures B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FROM THIS DECISION, IF ANY, SHALL BE 14ADE PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LANS, CHAPTER 808, A,,D SHALL BE FRED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISIDN 17; THE OFFICE OF THE CITY CLERK.
PURSA'^!T TO MASS. C'E !°P.4L !L,' 5, CHAPTER E03. Sc TIOfI 11, THE VARIANCE OR SPECIAL PERMIT
CWA TED HEREi6, SIii.LL ft;T ,::E EFFECT UI\TIL A COPY OF THE DEC;CIOr;, BEAR."I THE CERT-
FICATiON CF H., CJTr CLER,i iHAT 2C 2A%S HATE ELAPSED AiiD HD APPEAL HAS BEEN FILED,
OR ']HAT, IF S:!C.`i .5 APPS=._ FAS LEEN FRE, L. T IT H^S BEEN D1_,'.!ESED OR DEWED IS
RECORDED IN THE S�UiH ESSEX REGIS?RS U DEEDS AND I' DEXED UY,7EF. THE 1,46iE OF THE OWNER
OF RECORD OR IS RECORDED AND NOTED ON THE OV:NER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
n C
ofttlem, ttssttcl�use#ts �> _
';, J �nttrD of Aezcl a
k!c••ms o6' 2.
DECISION ON THE PETITION OF JOHN J. SOLDENSKI FOR A N=
SPECIAL PERMIT FOR 35 ANDREW ST. , SALEM m
". L
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 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 to convert an; existing single family dwelling into a
three unit condominium and to expand the height of a portion of the building in
this R-2 district.
The Board of Appeal, after careful deliberation, decided there was substantial
difference between this petition and a petition which was denied on August 6, 1984.
Therefore, the Board of Appeal voted unanimously to hear this petition.
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 non-
conforming structures, and for changes, enlargement, extension or expansion of non-
conforming lots, land, structures, and uses, provided, however, that such change,
extension, enlargement or expansion shall not be substantiall 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.
The proposed condominium conversion is covered by the terms of the City's Condo-
minium Conversion Ordinance. The Special Permit that has been requested may there-
fore only be granted upon a finding by the Board of Appeal that (1 ) the grant of the
Special Permit will not adversely impact upon the City's existing stock of rental
units for low and moderate income families and elderly people on fixed incomes;
(2) that the grant of the Special Permit is not contrary to the City' s Master Plan,
and (3) the grant of the Special Permit will not have an advers effect on the
neighborhood.
After hearing the evidence presented at the hearing and after viewing plans of
the property, the Board of Appeal makes the following findings of fact:
1 . Rather than impacting on existing rental units, this will create
additional residential housing;
2. On site parking is available
3. There are other 3, 4 and 5 unit houses in the area.
DECISION ON THE PETITION OF JOHN J . SULDENSKI FOR A
SPECIAL PERMIT FOR 35 ANDREW ST. , SALEM
page two
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;
2. The proposed conversion will not adversely impact upon the City's
existing stock of rental units for low and moderate income families
or on elderly people living on fixed incomes;
3. The proposed conversion is not contrary to the City's Master Plan.
Therefore, the Zoning Board of Appeal voted unanimously to grant the petitioner's
request for a Special Permit under the following terms and conditions:
1 . Eight on-site parking spaces will be maintained;
2. Access to the parking area will not be from Andrew St. , access will be
from Webb St. ;
3. A Certificate of Occupancy for each unit will obtained.
D uJ
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SRS ;AL PERMIT GRANTED
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_ - aures B. Hacker, Chairman
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A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND CITY CLERK
v SHALL BE MADE PURSUANT TO SECTION 17 OFTHE TE OFFILING
FRO`+°, THIS DECICION, 0.^c,' _i i L,
GENERAL LA':lS, GHA��E' GOB. 1'...L 5E FI_E_ CJiT HIN [G DAYS AFTER THE DA
OF T!;IS DECISION IIJ THE OFFICE OF THE CITY CLERK. 1n EEOF, THE CERT-
ECIS.''
PURSN•;T TO d.ASS. GE7JERAL LK.i c, r.P,F.�TER ECB. SECTIOiJ ll• THE VARIANCE OP. SPECIAL PERMIT
GAYS HPE ``_LA'S 0 -' ') NO A PEAL HAS E i FILED.
GRAidTED HEREIN, SnhL NOT ' E EF.EiT UNTIL A COPY OF THE'- :SED IS
FICATI:::1 OF THE CITY CLER in � ' ,,,,.� EN DIS"dSSEO CR
AND INDEXED UNDER THE RAi.IE GF THE 06'lNER
OR THF.T, IF SU';H AI APPEAL HAS BEE" FILE, 7HA. IT
RECORDED IN THP SOUTH ESSEX RECISTR'f DF DEECSOF
Of RECORD OR IS RECDRDED AND NOTED ON THE OY'l i4ER'S CERTIFICATE BOARD TITLE.
Of APPEAL
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