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7 BEACH AVENUE - ZBA i 7.�-a-�, �-/-��e�y-/ / ` � / � _ _ _ __ ' \\\v I �_ t. -�J /� ` `-� N\� \(V� 6� _� ZA t AA 14 �ffff o,FsaL€',MA , August 2, 1989 Mr. W41liam Munroe Building Inspector CITY OF SALEM Salem City Hall Salem, MA 01970 Dear Mr. Munroe, I am writing with reference to an apparent ongoing violation of the zoning ordinance at 7 - 9 Beach Avenue, Salem. It is my un- derstanding. that Beach Avenue is an R-1 District permitting only single-family residences. The structure at 7 - 9 Beach Avenue is, I believe, presently being occupied as a three-family dwell- ing. My preliminary research indicates that one (1) unit is being occu- pied by the owner, Geraldine Atkins. The first floor is being oc- cupied by Mark Harter and the basement floor is being occupied by an individual named L. Ywuc. Each of the above has a telephone number at the address and the three (3) units are separately me- tered for electricity. The use of 7 - 9 Beach Avenue as a three-family dwelling has ag- gravated already difficult parking conditions in my neighbor- hood. My work requires that I return home very late at night and, upon arriving home, I am consistently finding it difficult to park on the street near my home because of the number of cars. generated by the three-family use at 7 - 9 Beach Avenue. I at- - tempted to discuss my problem with Geraldine Atkins, but she brushed off my problem saying, "It's a public street and anyone can park there, " or words to that effect. l Mr. William Munroe Page. Two August 2, 1989 Inasmuch as the owner of 7 - 9 Beach Avenue will not respond con- structively to the parking problems created by her use of her property, I am left with no alternative but to make formal com- plaint to you as Building Inspector to immediately investigate and act upon any illegal use of 7 - 9 Beach Avenue as a multiple- family dwelling. Thank you for your attention to this matter. If you have any questions, please feel free to contact me. Very truly yours, Arthur Ingemi 8 Beach Avenue Salem, MA 01970 Business Phone: 744-7777 To Be Added To Complaints In addition to enclosed complaint I would like to bring to your attention an illegal basketball hoop installed on city property in front of thier home which is the cause of excessive noise and foul lanquage when ' , . in use . I would like it removed as soon as possable. ilog of _"-5alem, 49assatljulAs All � s -Suara of A}r�rettl ,. ki•.0 m� � T) DECISION ON THE PETITION OF GERALDINE-ATKINS OVERRULING A DECISION OF THE INSPECTOR OF BUILDINGS REGARDING 7 BEACH AVE. (R-1 ) A hearing on this petition was held on March 7, 1990 with the following Board Members present: James M. Fleming, Chairman; Messrs. , Bencal , Febonio, Luzinski and Associate Member Dore. 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, represented by Attorney George W. Atkins, is requesting the Board of Appeal overrule a decision of the Inspector of Buildings relative to the property located at 7 Beach Avenue, presently an R-1 zoning district. The Inspector of Buildings has issued a decision that, since Mr. Atkins no longer occupies the premises, the Special Permit issued by the Board on June 2, 1969, is null and void. The Board of Appeal , after careful consideration of the evidence presented.at:" the hearing, makes the following findings of fact: 1 . The petitioner and her former husband obtained a Special Permit to utilize the property as a two family in 1969. 2. The decision granting said Special Permit was conditioned on the occupancy of the premises by the Atkins family. 3. The petitioner and her children have continuously occupied the premises since 1969. Mr. Atkins no longer occupies the premises as a result of divorce. 4. The intent of the Board of Appeal in 1969 was to allow the premises to be utilized as a two family residence as long as it was occupied by the Atkins family. 5. The decision of the Inspector of Buildings creates a substantial hardship, financial or otherwise,on the the petitioner. 6. The continued use of the property as a two family residence is not substantially detrimental to the public good and does not substantially derogate from the intent of the zoning district or the purpose of the Zoning Ordinance. Therefore, the Zoning Board of Appeal voted 4-1 (Mr. Febonio voted in opposition) to overrule the decision of the Inspector of Buildings and to allow the property to be utilized as a two family as long as it is occupied by the petitioner. DECISION OF THE INSPECTOR OF BUILDINGS OVERRULED DECISION ON THE PETITION OF GERALDINE ATKINS OVERRULING A DECISION OF THE INSPECTOR OF BUILD_T_NGS RELATIVE TO PROPERTY LOCATED AT 7 BEACH AVENUE, SALEM page two Richard A. Bencal , Vice Chairman A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, if any, shnll be made pmc"ar'f to Section 17 of the Mass. General Laws, Chapter °C:•_� hehothcc of'11 le �the City Clark. n 20 ys after the date of filing of the ds•' c ,,lo•- t i the variance �t to 1:1ass. 6'uc•" ;. . t ':•Hill a copy of the Pursuant `.r Flr. ,..,t, eL J •. or :I P^rmil Pr�.n'e � � -' ' -; � , C;r.rk ihit ZO d+:Ys have aarinn the c• f. appeal has been decision. t .. -� :.y. or li1;rt, �f s_ch elapsed aul no aPPo�ll "s ?... filed, that it has been o';mrr;y or ` 'o'ed is recorded in the South Essex Registry of Deeds and indczed un•-'er the name or the owner of record Off V � Is recorded aad noted on the owner's Certificate of Ti o. BOARD OF APPEAR ti a J > Q J y - 21 Ctg of ttlem, r ttssttcllusef t"Y� peal Ty s. DECISION ON THE PETITION OF GERALDINE-ATKINS OVERRULING A DECISION OF THE INSPECTOR OF BUILDINGS REGARDING 7 BEACH AVE. (R-1 ) A hearing on this petition was held on March 7, 1990 with the following Board Members present: James M. Fleming, Chairman; Messrs. , Bencal , Febonio, Luzinski and Associate Member Dore. 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, represented by Attorney George W. Atkins, is requesting the Board of Appeal overrule a decision of the Inspector of Buildings relative to the property located at 7 Beach Avenue, presently an R-1 zoning district. The Inspector of Buildings has issued a decision that, since Mr. Atkins no longer occupies the premises, the Special Permit issued by the Board on June 2, 1969, is null and void. The Board of Appeal , after careful consideration of the evidence presented.at,:' the hearing, makes the following findings of fact: 1 . The petitioner and her former husband obtained a Special Permit to utilize the property as a two family in 1969. 2. The decision granting said Special Permit was conditioned on the occupancy of the premises by the Atkins family. 3. The petitioner and her children have continuously occupied the premises since 1969. Mr. Atkins no longer occupies the premises as a result of divorce. 4. The intent of the Board of Appeal in 1969 was to allow the premises to be utilized as a two family residence as long as it was occupied by the Atkins family. 5. The decision of the Inspector of Buildings creates a substantial hardship, financial or otherwise,on the the petitioner. 6. The continued use of the property as a two family residence is not substantially detrimental to the public good and does not substantially derogate from the intent of the zoning district or the purpose of the Zoning Ordinance. Therefore, the Zoning Board of Appeal voted 4-1 (Mr. Febonio voted in opposition) to overrule the decision of the Inspector of Buildings and to allow the property to be utilized as a two family as long as it is occupied by the petitioner. DECISION OF THE INSPECTOR OF BUILDINGS OVERRULED DECISION ON THE PETITION OF GERALDINE ATKINS OVERRULING A DECISION OF THE INSPECTOR OF BUILD_I-_NGS .RELATIVE TO PROPERTY LOCATED AT 7 BEACH AVENUE, SALEM page two chard A. Bencal , Vice Chairman A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK wPpeal from this decision, if any, s WWII bYm h 11 'e til,t•�;ithi Section0 days of the Mass. General Laws, Chapter „-3, a� ,iter the date of filing of this t' tiOn 'i° the otic a ct thet C,„e`Variance Pursuant .o L4ass. C-,--, if,0 1•1,ti1 a copy of the J - or 'p^till Permit FI:n* _. . Oluk that 20 d;:Ys have decision, baarinn the c? - t s ,cl, ;appeal has been . elapsed and- nd no app=a r, "�•' . or ;hat, r d_sm's'o• ar ` =lied is recorded in the South Essex filed, that it has been r the owner of record Oe Registry of Deeds and ind^iad under the name o v f5 tfacorded aad noted 1n the owner's Certificate of Title, BOARD OF APPEAL _ J J � J y Q _ �