11 MASON STREET - SULDENSKI, JOHN J - ZBA 11 Mason Street
Estate of Joanna T. Daly _
John J. Suldenski,. TR
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DECISION ON THE PETITION OF JOHN J. SULDENSBI FOR A
SPECIAL PERMIT FOR 11 and 11-1/2 MASON STREET
S g 2 117
A hearing on these two Petitions was held on September 2, 1982 with the fdfl �ing
Board Members present: Douglas Hopper, Chairman; Messrs. Ha"61int, Feeherry and
Associate Member Luzinski. Notice of the hearing was sent to abutters and
others and notices of the hearing were published in the Sal e$'t{iening+Nects..is
accordance with MassachusettF General Laws Chapter 40A.
The Petitioner has requested a Special Permit to convert the existing single-
family dwelling at 11 Mason Street to a two-family and to convert the existing
two-family dwelling at 11-1/2 Mason Street to a three-family dwelling.
The properties are within an Industrial district; however, the properties have
for many years been used as residential properties.
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 VIZI 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, nor
shall this paragraph apply to billboards, signs, or other adver-
tising devices.
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 Board, after considering the evidence at the hearing on this matter, makes
the following findings of fact:
1. The proposed conversion of these properties was supported by virtually all
neighbors. .
2. The property at 11-1/2 Mason Street is presently vacant and in a serious
state of disrepair.
3. Petitioner's proposed conversions of the 2roperties will have a beneficial
effect on the neighborhood.
I
DECISION ON THE PETITION OF JOAN J. SULDENSKI
FOR A SPECIAL PERMIT. FOR
11 and 11-1/2 PL'1SON STREET
Page 2
September 2, 1982
SEP 9 2 47 PM '8Z
FILA
On the basis of the above findings of fact and on the evidence presented
at the public hearing, the Board of Appeal finds (i) that th'e`7proposed; CiseM#iS.
the property will not be substantially more detrimental than the existing use
to the neighborhood, (ii) that the proposed use of the property will promote the
public health, safety, convenience and welfare of the City's inhabitants, and
(iii) that the proposed use of the property is in harmony with the Salem
Zoning Ordinance. Accordingly, the Board unanimously approved the granting
of Special Permits to the Petitioner.
The Special Permits are therefore-granted in accordance with the following
terms and conditions:
1) Petitioner may convert 11 Mason Street to a 2-family dwelling.
2) Petitioner may convert 11-1/2 Mason Street to a 3-family dwelling.
3) Petitioner shall maintain no more than two off-street
parking spaces at the sites; provided, however, that up to a total
of five parking spaces may be maintained at the site with the written
agreement of the Petitioner's abutter Mrs. Broult and provided that such
written agreement is submitted to this Board.
4) A Certificate of Occupancy and use shall be obtained prior to renting
any of the units to be converted.
5) Petitioner shall arrange for an easement or other property arrangement to .
allow both 11 and 11-1/2 Mason Street to have access to and to use
the two (or more) parking spaces at the rear of these sites.
6) The Special Permit for 11 Mason Street shall terminate if the property
is no longer owner-occupied.
The Special Permit for 11-1/2 Mason Street shall terminate if the Petitioner
transfers ownership of the property to any party other than an owner-occupant,
0�1-7-
AnthqnyM. keeherry, , cretar
A COPY OF THIS DECISION AND PLANS HAVE BEEN FILED WITH THE PLANNING BOARD AND THE
hPPEAL FRO.": TH15 DESIS!01, IF AMY. SHALL Sr ?ADE PURSJ,4INT TO SECTION 17 CF THE MASS. CITY CLERK
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