40 WARREN STREET - BUILDING INSPECTION L40 WARRFN' STREET
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UPC 10330
No. 153Lron
NASTINGS. MN
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DECISION ON THE PETITION OFMLROSLAW KANTOROSINSKI FOR A ui
VARIANCE AT 407 ESSEX ST.'/40 WARREN ST./403-405 ESSEX ST JB 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
Kichard A. befical , 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 fA
the Mass. General Laws, Chapter 808, and shall be filed within 20 dayf
after the date of filing of this decision in the office of the City Clerk,
Pursuant to mass. General Laws, Chapter 808, section 11, the Variance
or ?pecial Perrriii granted herein sh;!I not take eff^_ct until a copy of the
decision, be?ring the certification of the City Cork that 20 days have
elapsed and no appeal 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 of
is recorded and noted on the owner's Certificate of Title.
BOARD OF APPFALI
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FORM A - DECISION "
Ms. Josephine Fusco
City Clerk
City Hall
Salem, MA 01970
Dear Ms. Fusco:
At a regularly scheduled meetinc of t::e Salem Planning Board held
on April 5, 1990 it was voted to endorse "Approval Under Sub-
division Control Law Not Reouired" on the following described plan:
1. Applicant: Dorothea-Leonard
-40Warren_Street
s_—Salem, MA 01970
2. Location and Description -
> 40 Warren Street
Deed of property records in Essex South District Registry.
Sincerely,
Walter Power III
Chairman
WP/sm
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PLAN REFERENCE
svfff -PLAN OF LAND IN SALEM, PREPARED FOR BENJAMIN ALLEN,
.6ols. �,( SCALE: I -= 10', SEPTEMBER 22, 1989, NORTH SHORE SURVEY
a, tt fr CORP.', 181 ESSEX STREET - SALEM, MA. ' AND FILED IN ESSEX
�.
is SOUTH REGISTRY OF DEEDS IN PLAN BOOK 258 PLAN 85.
Locus �09K s1t
Et°P� °e
NOTES:
1. LOT NUMBERS REFER TO CITY OF SALEM ASSESSOR'S
MAP 25.
2.P a
oPao �� FORMOONE CONTIGUOUST2 TO BE ELOD TO OWNER OF LOT 3 TO
y
a` 4�
tiW
LOCUS MAP
SCALE. 1 "=2000
LOT 183
MARY T. HAROLD
LOT 166
HUGH J O'DONNELL L
LOT 187 BENJAMIN ALLEN 6 SOUTH PINE STREET
I ^+ COOPER'S' REALTY TRUST 403, 405 6 405 1/2
f 405A ESSEX STREET N ESSEX STREET
W W
89'-42'-11° E o E'
75.00' X0 h6
APPROVAL UNDER HE SUBDIVISION cr r s
CONTROL LAN NOT REQUIRED- CJ) = zo j LOT /8/ REGULATIONS OF THISRPLAN EGISTEROCONFORMS TO THE RULES AND
SALEM PLANNING BOARD LOT 3 40 I.R (SET) - a THE 1978 TOOMEY TRUST
Q ru MIROSLAW KANTOROSINSKI Z� 3 7) �()
2 0 407 ESSEX STREET LOT 2 36 WARREN STREET
a AREA = 3, 759 +/- S.F. < ' AREA = 2,892 +/- S.F.
N I.R.(SET)
Uo N"' O
Je
A O l�
I><
71.00' '. I.R. (SET) ti0 �
r ^ 7
88' -54'-19" W by
it v/�J 51 GARAGE o'
v J1
LOT 189 �6= h0 ✓.
STANLEY 6 CECYLIA HELENA p
KANTOROSINSKI �s�•C O S
23- g 3 0 6 W Teiy sic P AT RI CK AT O MLOICHELE L. C
409 ESSEX STREET ` \
F OLEINS
318 WARREN STREET
LOT 1
AREA = 9,946 ±S.F
DOROTHEA R. LEONARD
40 WARREN STREET
IRON PIPE (FD.)
OF MLOT 190
RT e
1e T FRANK BISEGNA
'^ 0 B 411-413 ESSEX STREET
FSS��kAL llA�1�S /�C
O
i
1 1
Gc,
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O
0
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LOT 178
HOWARD S. BEECHY
42 WARREN STREET
i'
PLAN OF LAND
IN
FOR REGISTRY USE ONLY
SALE
PREPARED FOR
DOROTHEA R . LEONARD
SCALE 1. '= 20' MARCH 17, 1990
NORTH SHORE SURVEY CORPORATION
181 ESSEX STREET - SALEM, MA.
#5
1 INCH = 20 FEET
20 0 20 40