407,403, 405 ,40 ESSEX WARREN STREETS - KANTOROSINSKI, MIROSLAW - ZBA Z7 403, 405 Essex/40 Warren Sts. B-1
Miroslaw Kantorosinski (owner/petitioner)
D. Leonard (40 Warren st.
B. Allen (403 essex St.) Coopers Rlty (405 Essex)
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DECISION ON THE PETITION OF MIROSLAW KANTOROSINSKI FOR A FiLC
VARIANCE AT 407 ESSEX ST./40 WARREN ST./403-405 ESSEX ST. (B-1 )
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A hearing on this petition was held May 30, 1990 with the following Board
Members present: Richard A. Bencal , Chairman; Edward Luzinski , Vice Chairman;
Mary Jane Stirgwolt, Acting Secretary and Richard Febonio. 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.
The petitioner is requesting variances to allow parcels to be divided as per
the plans submitted. Property is located in a B-1 district.
The Variances which have been requested may be granted upon a finding by this
Board that:
a. special conditions and circumstances exist which especially affect the land,
building or structure involved and which are not generally affecting other
lands, buildings and structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner;
c. desirable relief may be granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent of
the district or the purpose of the Ordinance.
The Board of Appeal , after careful consideration of the evidence presented at the
hearing, and after viewing the plans, makes the following findings of fact-
1 . No opposition was voiced to the plans.
2. Petitioner has received approvals from the Historical and Planning Boards.
3. The proposed plan would begin to straighten out lot lines 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:
1 . Special conditions exist which especially affect the subject property but not
the district in general .
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
3. Desirable relief can be granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent of
the district or the purpose of the Ordinance.
DECISION ON THE PETITION OF MIROSLAW KANTOROSINSKI FOR
VARIANCES AT 407 ESSEX ST./40 WARREN ST./403-405 ESSEX ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the
Variances requested, subject to the following conditions:
1 . Petitioner comply with all requirements of the Salem Fire Dept.
2. The lots be divided as per the plans submitted.
GRANTED
, � �
Diehard A. bencal , 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 made pursuant to Section 17 to
the Mass. General Laws, Chapter 808, and shall be filed within 20 day$
after the date of filing of this decision in the office of the City Clerk,
Pursuant to Nlass. general Laws, Chapter 808„ Section 11, the variance
or ?pedal Permit granted herein shell not take eff•:ct until a copy of the
decision, be.'.ring the certification of the City Clcrk that 20 days have
elapsed and no :.p=eal has been filed, or that, if such appeal has been
filed, that it has been dismisse0 or denied is recorded in the South Essex
Registry of Deeds and indexed under the name or the owner of record or-
is
is recorded and noted on the owner's Certificate of Title.
BOARD OF APPEAL!
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NOTES
4e LOT 2 TO BE CONVEYED TO OWNER OF LOT 3 TO FORM ONE I CERTIFY THAT THIS PLAN CONFORMS TO THE RULES AND
`r it1 CONTIGUOUS LOT. REGULATIONS OF THE REGI ERSOF DEP _
Loc U5 PLAN REFERENCE : 5
'PLAN OF JOHN M. ANDERSON ESTATE, SCALE 20 FET TO i INCH,
o V
e SALEM, NO 1904, C.A. METCALF CIVIL ENGINEER. ' FILED IN
of ESSEX SOUTH REGISTRY OF DEEDS IN RECORD BOOK 1762 PAGE 337.
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DAVID C. & MARY SCHAEJBE � tie Of A,
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"403 SALEM PLANNING BOARD
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PLAN OF LAND
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D.H. (SET) 71 .00' -
S PREPARED FOR
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STANLEY 6 CECYLIA HELENA KANTOROSINSKI SCALE: 1 "=20 ' SEPTFMBf:R P;1, 19119
NORTH SHORE SURVEY CORIA.
181 ESSEX STREET - SALEM, MA .
N
1 INCH - 20 FEET
20 0 20