35 ANDREW STREET - SICOTTE, EDMOND O - ZBA (2) 35 Andrew St. R-2
John J. Suldenski (Pet)
Edmond 0. sicotte (Own)
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84 AUG —6
DECISION ON THE PETITION OF JOHN SULDENSKI FOR A SPECIAL PEO
FOR 35 ANDREW STREET, SALEM, MASS.
A hearing on this petition was held on July 25, 1984 with the following Board
Members present: James Hacker, Chairman; Associate Member Richard A. Bencal,
Secretary, Scott Charnas, Messrs. Gauthier & Luzinski. 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 40 A.
The petitioner has requested a special permit to allow him to convert the
existing two family dwelling into a three unit condominum and to expand the
height of a portion of the building. The owner of the premises is Edmond
0. Sicotte.
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 s 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 Board of Appeal, after hearing the evidence presented at the hearing,
invokes the following findings of fact:
1. Vigorus opposition to the plan was presented by neighbors;
2. The neighborhood is already congested with traffic and the
proposed plan would substantially exacerbate the situation.
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 relief requested creates a substantial detriment to the public
good.
r
DECISION ON THE PETITION OF JOHN SULDENSKI FOR
A SPECIAL PERMIT FOR 35 ANDREW ST.
page two -84 AUG -6 Al C' :^(
Therefore, the Board of Appeal unanimously voted agaielp_,�,grazrting`t4ie;E
relief requested; THE PETITION IS DENIED.
Scott E.Charnas, Secretary
A COPY OF THE DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FROM TH!S DECISIOPI, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LA'r;'JS, Ch'APT
OF T1i:S DEER SUE, AND SHALL BE FIL`i1 VJ:TIIIN 20 DAYS AFTER THE DATE OF FILING
CISICN IN THE OFFICE OF THE CITY CLERK.
PURSANT TO fe:ASS. GENERAL LA?:S, CHAPTER 208, SEST!i A 11, THE VARIANCE OR SPECIAL PEWU
GRFli;?ED HEP.EII{. ShISLI fQCi TAKE En-ECT UiIT!L A COPY OF THE?EC'S!Cii. BEAR!r,i i, THE CERT-
FIC.AHATIN, IF SHE C!;Y CLERK THAT 20 Di'lYS HA;'F ELAPSED A,!'I'D NO APPEAL HAS EEEFi BLED,
Gk THAT, IF S_;rH A.IJ APPEAL HAS BEEN FILE, THAT 11" HAS BE-
OR
O1S`";SSEC GR '_,IED IS
RECOfiJ^D IIJ TH;. SJDTH ESSEX RP.7STRY 0- CcOS A;CC IN—E%EU UNU�R T!1E IL�.�c OF THE Ol5'NER
OF RECORD OR IS R-
CORDED AND igO(ED CN.THE 6NI4ZR'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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Afire Pepurtment �Hvabyuurtere
48 `�1ufuVette ,trect
ROBERT J. CROWLEY
ac ref idem, cflia. 01970
Date: July 17, 1984
Salem Board of Appeal Re : 35 Andrew Street
City of Salem, Massachusetts John Suldenski
One Salem Green Hearing Date: 7/25/84
Salem, Mass. 01970
Sirs :
As a result of public notice received concerning the Board of Appeal
hearing for the above listed name and address, the Salem Fire
Department, requests the following items to be placed on record.
1. Records at the Salem Fire Prevention Bureau office, indicate
this structure is not in compliance with provisions of Chapter 148,
Section 26E and/or Salem Fire Code, for Certification of smoke
detectors, within existing structures.
2. Whereas the petition is for a Special Permit to convert to a
four unit condominium, plans shall be submitted for installation
of A.C. electrical type smoke detectors throughout the entire
occupancy, if the Permit is granted.
3. Adequate parking spaces are recommended for this location, on site.
These parking spaces shall be arranged to permit fire department
access to at least one side of the structure for ladder operations.
4. No occupancy shall be permitted until a Certificate of Compliance
has been issued for the structure and no individual condo unit
shall be sold. without an individual Certificate of Compliance per
Chapter 148, Section 26F.
5. A Certificate of Occupancy shall be required prior to sale of
each condo unit.
Respecti'ully submitted,
Deputy Chief' Davi J. Go gin
cc : file Salem Fire Prevention Inspector
Form #105A ,
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ire Pepartutexd �ea3yuarters
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Date: June 13 , 1984 -
Salem Board of Appeal Re: 35 Andrew Street
City of Salem, ,ti9assachusetts John J. Suldenski
One Salem Green Hearing Date : 6/13/84
Salem, Ma. 01970
Sirs:
As a result of notice received concerning the Board of Appeal
hearing for the above listed name and address, the Salem Fire
Department, requests the following items to be placed on record.
The Salem Fire Department has no current Certificate of Compliance for
required smoke detectors within this existing occupancy, which is a violation
..) of Chapter 148, Section 26E of the Mass. General Laws. However, the;Special
Permit requested would require complete A.C. electrical smoke detectors to
be installaed and would be the only requirement of the Salem Fire Department
to permit a Special Permit approval . Plans would be required for stamped
approval of the Salem Fire Department.
Respectfully submitted
Captain David J. Go in
C cc: Building Inspector Salem Fire tr:arshal
file
Form # 105