23 ARBELLA STREET - ZBA 4 23 Arbella St. R-2
- George & Karen Tanch
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Cttp of Salem, Aa55arbu5ett5
\ �a 3publii Prnpertp £department
�3uilbing £3e}tartment
One&atem Oreen
(976) 745-9593 ext. 3SJ
Peter Strout
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
August 16, 1999
William Karademos
P.O. Box 238
Marblehead, Ma. 01945
RE: 23 Arbella Street
Dear Mr. Karademos:
This office has received a complaint concerning the illegal rental of the rear apartment
located at 23 Arbella Street to more than three (3) unrelated people. The Salem Zoning
Ordinance prohibits the rental of a dwelling unit to more than three (3) unrelated people.
Please contact this office upon receipt of this letter to schedule an inspection of your
property.
Thank you in advance for your anticipated cooperation in this matter.
Sincerely,
�Aoe-_
Kevin G. Gog-in
sistant Building Ins
As ector
C p
Cc: Fire Prevention
Health Department
Councillor Flynn
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of '15tt1em, 'Mttssar4usetts
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� Poxrb of
DECISION ON THE PETITION OF ROBERT B . BOWMAN FOR
A SPECIAL PERMIT FOR 23 ARBELLA ST. , SALEM
A hearing on this petition wast „id gunH 0AM9%with the following Board
Members present: James Hacker,Nairman; }�essrs. , Bencal, Fleming, Luzinski and
Strout. Notice of the hearing VfL1#ent to abutters and others and notices of the
hearing were properly published in the_Salem Evening News in accordance with
Massachusetts General Laws ChaptMY BDA",f..
Petitioner, owner of the property, is requesting a Special Permit to convert a
two family dwelling into a three family dwelling in this R-2 district.
The provision of the Salem Zoning Ordinance which is applicable to thisrequest
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 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 of Appeal, after careful consideration of evidence presented at the
hearing, and after viewing the plans, makes the following findings of fact:
1 . The will be adequate parking;
2. There was no major opposition;
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 Special Permit requested can be granted without substantial
detriment to the neighborhood and without nullifying or substantially
derogating from the intent of purpose of the district.
I
DECISION ON THE PETITION OR ROBERT B. BOWMAN FOR A
SPECIAL PERMIT FOR 23 ARBELLA ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted four to one, 4-1 , Mr. Hacker voted
present, to grant the Special Permit requested provided that:
1 . Existing trees and shrubs be kept and maintained;
2. Premises must be owner occupied or it will revert back to
a two family;
3. A Certificate of Occupancy must be obtained.
SPECIAL PERMIT GRANTED
/ ames B.' Hacv..er, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
-'! :i OF THE "SS
:-.'0.L BE 6:A.OE PDRSUANT TO SST
APPEAL FROM THIS JE� . '
- - ,f `IE OF FILING
GEGEPI,L LA47S, CHvPT.R .. ..-_ 5= Fi.D �; , , 20 DAIS -
- CiTI' CLERK.
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OR THAT, IF SUCH AC AF : is - r = ti. ,: Cf THE OA'NE;.
RECORDED IN THE SOJiH FS:i'. RE::IS RI' OF DEEDS AiVD ItvC.r��D
OF RECORD OR IS RECORDED AND NOTED ON THE ONOEWS CERTIFICATE OF TITLE.
BOARD OF APPEAL
L
CtV of �$ttlem, �Nassar4us fts
Public Propertg Peparttuent
Puil ng ]Iepartntrnt
Otte —4kilem t6rren
7Tti-0213
William H. Munroe
Director of Public Property Maurice M. Martineau, Asst Inspector
Inspector of Buildings Edgar J. Paquin, Asst Inspector
Zoning Enforcement Officer John L. LeClerc, Plumbing/Gas Insp.
February 3, 1988
Mr. James B. Hacker
7 Ugo Road
Salem, MA 01970
RE: 23 Arbella Street, Salem,MA
Dear Mr. Hacker,
A Special Permit to convert a two family into a three family at 23
Arbella Street was Granted by the Board of Appeal, which was based on
• adequate parking shown on a Certified Plot Plan submitted by Mr. Bowman.
An application for a Building Permit at said property was denied due to
a discrepancy in said Certified Plot Plan. City records indicate that
the rear of the property shown on the plot plan submitted does not, in
fact , belong to Mr. Bowman.
Due to our findings, we feel it is necessary to notify the Board of
Appeal.
—�Sincerely,
—� i
David J. Harris
DJH/eaf
C.C. City Solicitor
City Clerk
Administrative Aide
Ward Councillor
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b (fitu of Salem, CITY
tts ljusetts
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DECISION ON THE PETITION OF GEORGE & KAREN TANCH FOR A
VARIANCE AT 23 ARBELLA STREET (R-2)
A hearing on this petition was held April 18, 1990 with the following Board
Members present: James Fleming, Chairman; Richard Bencal , Edward Luzinski ,
Mary Jane Strigwolt and Associate .Members Peter Dore and Arthur Labrecque.
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 Mass-
achusetts General Laws Chapter 40A.
Petitioners, owners of the property are requesting a Variance to allow property
at 23 Arbella, Street, which is located in an R-2 district, to be converted from
a two family dwelling to a three family dwelling.
The Variance which has been requested may be granted upon a finding by the
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, and
after viewing the plans, makes the following findings of fact:
1 . This petition was necessitated by the fact that a Special Permit to
convert the existing two family house into a three family, previously
granted, has lapsed.
2. The plans submitted by the petitioner indicate that existing plantings
will be maintained.
3. The petitioner stated that substantial renovation of the building at
23 Arbella Street will begin promptly upon the granting of the requested
relief.
4. The plans submitted by the petitioner indicate that the parking requirements
of the Zoning Ordinance of the City of Salem will be met.
5. No opposition to the proposal was expressed.
6. Several parties spoke in faovr of the petition and correspondence in
support of the petition was reard into the record.
DECISION ON THE PETITION OF GEORGE & KAREN. TANCH FOR A
VARIANCE AT 23 ARBELLA STREET, SALEM
page two
On the basis of =the above findings of fact, and on the evidence presented, the
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. The relief requested can be granted without substantial detriment to the
public good and without nullifirig or substantially derogating from the
intent of the district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variance requested, subject to the following conditions:
1 . All conditions of the Salem Fire Department relative to smoke and fire
safety are to be strictly adhered to.
2. A Certificate of Occupancy for the third unit is to be obtained from the
City of Salem Building Inspector.
3. All construction and renovations are to be done in strict accordance with
existing City and State Building Codes and as per plans submitted.
4. Five (5) legal parking spaces are to be maintained on site.
5. Property shall remain a three family only as long as it remains
owner occupied.
6. All dimensions shall be as per the plans submitted.
VARIANCE GRANTED
o `
Mary JapT,$t1rgwolt, Mem , Board of Appeal
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 porsuant to Section 17 11:11
the Mass.General Laws, Chapter Sob, and shall be filed within 20 day$
after the date of filing of this decision in the office of the City Clerk.
Pursuant l Mass. Gen,,ed Lass.
C'. (,,cs, Section 11, the variance
eci
ermit
decision,bearing he certification0ot 1-= Cityk chat 20 days have
or kCler �e
elapsed and no appeal has been filed, or that, if such appeal has been
filed,that it has been dismisse4l or denied is recorded in the South Essex
Registry of Deeds and indexed under the name or the owner of record or
Is recorded and noted On the owner's Certificate of Title.
BOARD OF APPEAL
(9tty of 'Salem' �ffittssar4usetts
(Office of toe Titg Council -E
WARD COUNCILLORS
MARK E. BLAIR 1990
COUNCILLORS-AT-LARGE PRESIDENT
1990 GEORGEA.NOWAK
JOSEPHINE R. FUSCO KEVIN R.HARVEY
DONALD T.BATES CITY CLERK VINCENT J.FURFARO
GEORGE P.McCABE
LEONARD F.O'LEARY
JOHN R.NUTTING DAVID B.GAUDREAULT
RICHARD E.SWINIUCH
SARAH M.HAYES
MARK E.BLAIR
April 18 , 1990
Board of Appeal
City of Salem
One Salem Green
Salem, MA 01970
Dear Mr. Chairman and Members of the Board:
I would like to go on record as being in favor of the petition
of George and Karen Tanch for a variance to convert a two-family
into a three-family dwelling at 23 Arbella Street.
The petitioners have addressed the concerns of both the Board
and myself by eliminating the parking problems that existed in their
previous proposal. I felt strongly then, as I do now, that piggy-
backing parking spaces to accommodate the zoning requirements is
not an acceptable remedy. However, the petitioners have dramatically
changed their parking plans so that the 1� spaces per unit would be
met without such difficulties .
Also, it is important to note that the Tanch family, who were
born and raised in the Ward Two area, plan on living at 23 Arbella
Street as an owner/occupant.
In conclusion, I would respectfully request that the members rule
favorably on this petition.
Verytrulyyours ,
KEVIN R. HARVEY
COUNCILLOR WARD TWO
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