13 LYNCH STREET - PULEO, GRACE M - ZBA i 13 Lynn St. R-2
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Grace M. Puleo T \
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DECISION OF THE PETITION OF GRACE M. PULEO
FOR A VARIANCE FOR 13 LYNN STREET
APR ZI .8 50 x '63
A hearing on this petition was held on April 20, 1983 with the following
Board Members present: .Tames Hacker, Chairman; "Scott Charnas, $bung Secretary;
Messrs. Piemonte, Hopper, LaBrecque, Associate Members Luzinski and Bencal.
Notices of the hearing were sent .to abutters and others and not41eslc5$Ktfie-Ht�
were properly published in the Salem Evening News in accordance withs4assachusetts
General Laws Chapter 40A,
The Petitioner has requested 'a Variance for the property in question to allow
her to divide the property into_two lots (Lot A and B), both of which lots will fail
to comply with minimum density requirements. In addition, Petitioner has requested
a Variance from the rear setback requirement for Lot A to allow the present dwelling
structure to remain on that site.
The Board of Appeal, after consideration of the evidence presented. at the
public hearing and after viewing plans of .the property makes the following findings
of fact:
1. No opposition was raised to Petitioner's plan by-neighbors;
_ 2. The proposed division of the property will make two lots which
are consistent with surrounding lots;
On the basis of the above findings of fact, and the evidence presented
at the public hearing, the Board of Appeal concludes as follows:
1. The property in question is unique because of it's size and
configuration.
2. The conditions above described especially affect the land in
question but do not generally affect the zoning district in which
the land is located:_
3. The-conditions described above which affect the land in question,
.but not the zoning district generally, causes special financial
hardship to the Petitioner;
4. The desired variance may be granted without substantial detriment
to the public good. -
Therefore, the Board of Zoning Appeal voted unanimously in favor of approving
the grant of the requested relief subject to a maintenance easement described below.
The Board grants a variance to the Petitioner on the following terms and conditions.
1. Petitioner may divide the property into two lots as shown on the
plan submitted to the Board;
DECISION ON THE PETITION OF
OF GRACE- M. PLILEO
FOR A VARIANCE AT 13 LYNN STREET r"- ^'o
M -
page two x
April 20, 1983 0
m
2. Petitioner may keep the existing structure o=- Lot A.--Sithin zero (0)
feet of Lot B; e'n Co
y e .a
3. Petitioner must grant a maintenance easement to Lot A for reasonable
access at and for reasonable times by the owners of Lot A to the property'
of Lot B for the purpose of maintenance, access not to exceed four (4) feet
from the property line of Lot A which is contiguous to Lot B.
Scott E. Charms, Acting Secretary
APPEAL FR" THIS DECISICN, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.-
GENERAL LAWS, CHAPTER 803, AND SHALL BE FLED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISIO�i IN THE OFFICE OF THE CITY .CLERK. - -
PURSANT TO MASS. GENERAL LAWS. CHAPTER 898, SECTIOU 11, THE VARIANCE OR SPECIAL p--i—.
GRANTED GRANTED HEREM, SHELL 140T TAKE EFFECT UNTIL A COPY OF THE DECISIM. BEARINM THE Ce[tjo
FICATION OF THE CITY CLM,, THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS CEEN FI'TD. -
OR THAT, IF SUCH AN APPEAL HAS BEEN FILE, THAT IT HAS SEEN DIS„F;SSED OR DENIED IS _
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNOER THE NAME OF THE OWNER
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL - -
A COPY OF THIS DECISION AND PLANS HAVE BEEN FILED WITH THE PLANNING BOARD
AND THE CITY CLERK
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April 7 , 1983
I
f Mr. ,Tames Hacker, 'Chairman,
Board of Appeal
One Salem Green
Salem, MA. 01970
I
Re: Petition of Grace M. Puleo, 13 Lynn Street
I
Dear Mr. Hacker:
At their last meeting, the Planning Board endorsed a division
of land as not requiring subdivision approval at 13 Lvnn Street/
23 River Street. Because both buildings were in existence before
the Subdivision Control Law became effective in Salem, the Plan-
ning Board approved this division of land.
However, one of the property lines follows exactly the line
of one of the buildings . Therefore , at this time , the Planning
Board would like to respectfully request that a "maintenance
easement" be required by the Board of Appeal . Although we are
aware thatthe occupants of both buildings are family members , this
may not always be true . Even something as simple as painting one
j side of the house could prove to be a legal problem in the future.
I
Thank you for your attention to this matter and if the Plan-
1 ning Board can be of any assistance in this case , please feel free
to contact the Board.
i
Sincerely yours ,
I I r
u r�
Walter B. Power, III
Chairman
WBP:dey
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April 7, 1983
Mr. James .Hacker, 7Chairman1
Board of Appeal
One Salem Green
Salem, MA. 01970
Re: Petition of Grace M. Puleo, 13 Lvnn Street
Dear Mr. Hacker:
At their last meeting, the Planning Board endorsed a division
of land as not requiring subdivision approval at 13 Lynn Street/
23 River Street. Because both buildings were in existence before
the Subdivision Control Law became effective in Salem, the Plan-
ning Board approved this division of land.
However, one of the property lines follows exactly the line
of one of the buildings . Therefore , at this time , the Planning
Board would like to respectfully request that a "maintenance
easement" be required by the Board of Appeal. Although we are
award thatthe occupants of both buildings are family members, this
may not always be true . Even something as simple as painting one
side of the house could prove to be a legal problem in the future.
Thank you for your attention to this matter and if the Plan-
ning Board can be of any assistance in this case , please feel free
to contact the Board.
Sincerely yours,
PCcveti
de
Walter B. Power , III
Chairman
WBP:dey
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ESSEX SUR✓EY SER(//CE, /NC.
q7 FEpERaL STS SALEM MAs5.
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