The URL can be used to link to this page

19 BECKET STREET - ZBA 19 BECKETT STREET l 1 47 T-0 Legal Notice CITY OF SALEM BOARD OF APPEAL 978-745-9595 Ext 381 Will hold a public hearing for all persons interested in the petition sub- c. mined by MICHAEL TERRY requesting a Special Permit per Section 8-4 to alter a nonconforming structure e and e a Variance from density to revert to a q two family for the property located at 19 BECKETT STREET R-2.Said hear- l ing will be held on WEDNESDAY,JAN. UARY 19,2005;6:30 P.M.,120 WASH- v INGTON STREET, 3RD FLOOR, ROOM 313." Nina Cohen at. Chairman thi (1/5,12) !` 4 at L 1 CITY OF SALEM9 MASSACHUSETTS CIi Y OF QALEMM , a CLERK A BOARD OF APPEAL S OFFICE 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. LISOVICZ, JR. TELEPHONE: 978-745-9595 2005 MAR 29 A la 33 MAYOR FAX: 978-740-9846 DECISION OF THE PETITION OF MICHAEL TERRY REQUESTING A SPECIAL PERMIT AND A VARIANCE FOR THE PROPERTY LOCATED AT 19 BECKET STREET R-2 A hearing on this petition was held on March 16,2005 with the following Board Members present: Nina Cohen, Chairman, Richard Dionne, Bonnie Belair, Nicholas Helides and Edward Moriarty. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening New in accordance with Massachusetts General Laws Chapter 40A. Petitioner is requesting a Special Permit 8-4 to alter a non-conforming structure and a Variance from density to revert to a two family for the property located at 19 Becket Street R-2 The provisions of the Salem Zoning Ordinance which is applicable to the request for a Special Permit is Section 5-3 0),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 Sections 8-6 and 9-4,grant Special Permit for alterations and reconstruction of nonconforming structures,and for changes, enlargement,extent 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 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 Variances which have been requested may be granted upon a finding of 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 or 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. DECISION OF THE PETITION OF MICHAEL TERRY REQUESTING A SPECIAL PERMIT AND A VARIANCE FOR THE PROPERTY LOCATED AT 19 BECKET STREET R-2 page two 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 of the Ordinance. The Board of Appeal,after careful consideration of the evidence presented, and after reviewing the plans makes the following findings of fact: 1. Petitioner Michael Terry owns the property at 19 Becket Street that is nonconforming as to lot size, frontage requirements and front setback. In 1988 this property came before the Zoning Board of Appeal when Mr. Terry's predecessor in interest sought a special permit to build an addition and convert the house to a two-family use. He also sought a variance to use an easement to access to parking at the rear of the property. 2. The requested relief was granted on condition that the easement be maintained, and an addition was constructed but it appears the property may not have been used consistently as a two-family during the intervening years. 3. Petitioner now seeks zoning relief to enable him to use the property as a two- family residence, and submits a petition signed by 22 neighbors in support of the use. 4. One neighbor who withheld his support was the abutter at 17 Becket Street, Thomas Hayden,who stated that the easement has not been maintained. Mr. Hayden states that the owners of 19 Becket consistently leave vehicles on the property line where the easement runs, instead of using the easement for access to the parking area at the rear of 19 Becket Street. S. In consideration of Mr. Hayden's support for his proposal, Mr. Terry agreed to a. Remove an existing fence that he had built between the properties b. Take responsibility for removing snow from the driveway easement c. Execute a binding Agreement with Mr. Hayden to ensure that neither party will leave any vehicle in the driveway easement or otherwise impede in any way movement within the easement. 6. Whereupon Mr. Hayden withdrew his opposition to the petition. DECISION OF THE PETITION OF MICHAEL TERRY REQUESTING A SPECIAL PERMIT AND A VARIANCE FOR THE PROPERTY LOCATED AT 19 BECKET STREET R-2 page three 7. Mr. Terry also withdrew without prejudice his request for a special permit and just needs the Variance. On the basis of the above findings of fact,and on the evidence presented at the hearing the Zoning Board of Appeal concludes as follows: 1. Special conditions do exist which especially affect the subject property but not the district in general. 2. Literal enforcement of the provisions of the Ordinance would involve substantial hardship on the petitioner. 3. Literal enforcement of the provisions of the Ordinance would involve substantial hardship on the petitioner. 4. The relief requested can 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. 5. The Special Permit granted can be granted in harmony with the neighborhood and will promote the public health, safety, convenience and welfare of the City's inhabitants. Therefore,the Zoning Board of Appeal voted, 5 in favor and 0 in opposition to grant the relief requested with the following conditions. 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. A Certificate of Occupancy is to be obtained. 6. Petition shall submit agreement with abutter of 17 Beckett Street to maintain easement. 7. Petitioner shall maintain 3 parking spaces in lot. 8. Agreement was signed and submitted to Board on March 22,2005. DECISION OF THE PETITION OF MICHAEL TERRY REQUESTING A SPECAIL PERMIT AND VARIANCE FOR THE PROPERTY LOCATED AT 19 BECKET STREET R-2 page four SPECIAL PERMIT&VARIANCE Nina Cohen, Chairman GRANTED Board of Appeal MARCH 16,2005 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 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to Massachusetts General laws Chapter 40A, Section 11,the Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the Certification of the City Clerk that 20 days have elapsed and no appeal has been filed, or thatif such , appeal has been filed,that it has been dismissed 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 AGREEMENT- 19 Becket Street, Salem, Massachusetts Agreement made this 18th day of March, 2005 by and between Michael Terry, owner of property located at 19 Becket Street Salem, Massachusetts, and Thomas Hayden, owner of property located at 17 Becket Street, Salem, Massachusetts clarifying driveway easement on said property dated February 16, 1989 and recorded with Essex South District Registry of Deeds, Book 9901, Page 005. Whereas Michael Terry has filed a petition with the Zoning Board of Appeals for a Variance from the provision of the Zoning By-Law governing Lot Area per Dwelling Unit in order to convert a one unit building at 19 Becket Street, Salem,Massachusetts to two units. Whereas a public hearing on this petititon was held by the Board on March 16, 2005 in which the Board indicated that approval of this petition was contingent upon Michael Terry and Thomas Hayden reaching an agreement relative to the driveway easement between the two properties referred to above in particular the issue of the fence separating the properties as well as the issue of removing any impediments to the use of the easement. Whereas both Mr. Terry and Mr. Hayden have determined that it is in their best interests to resolve the issues involving the driveway easment, Mr. Terry and Mr. Hayden hereby agree as follows: 1. Mr. Terry shall remove eight(8)feet of the fence between the property at 17 Becket Street and 19 Becket Street beginning at the front boundary of the property at the sidewalk and running along the boundary line between the properties. Mr. Terry and Mr. Hayden hereby agree to repair/restore the remaining portion of the fence to its original condition. 2. Mr. Terry shall be reponsible for maintaining the driveway easement which primarily consists of snow removal. 3. Neither Mr. Terry or Mr. Hayden or any occupants of their respective properties at 19 Becket Street, Salem, Massachusetts and 17 Becket Street, Salem, Massachusetts shall impede in any way the driveway easement between the two properties. In particular, Mr. Terry and Mr. Hayden agree not to park motor vehicles on or across said driveway easement or restrict the easement in any other way. This agreement shall be binding upon the parties and their heirs, executors, assigns and any other successor in interest. Witness our hands and seals this 22nd day of March, 2005. Thomas Hayde Michael Terry PETITIONERS DATE _ ------------------ - ------ - ----- LOCATION --------------------------- - _ ---------------------1----- ( � J1 e------ MOTION : TO GRAT — -"""""'""''-' ' SECOND TO DENY SECOND TO RE-HEAR SECOND WITHDRAW SECOND CONTINUE SECOND ------------------------------- - - _ - - ----------------------------------------- - ___________________ ROLL CALL Present GrantDen Nina Cohen Amend Withdraw Continue ------------------------------------------------ Richard Dionne -------------------_..____---------- Bonnie Belau -- ----------------------------------------------------- -- Nicholas Helides - --- --------- --------------------------------------- Edward Moriarty ----------------------------------------- ---------------------- ""'---'--"' ---------------------------------- ------------- ---------------------------------------------- ASSOCIATE MEMBERS --------------------- ---- ----------- ------------------ CONDITIONS U K V Lk T G e —-------------------- 1I e � s lv Rec!:ai Etreel January 18, 2005 Zoning Board of Appeals 120 Washington Street SALEM,MA. 01970 RE: Statement for special permit Dear Members This request to revert 19 Becket street to a two family shall not be detrimental to the neighborhood. The building is a 17th century half house built after 1687.The exterior body is cedar clapboards painted Essex green with coral shutters. The interior has wide pine floors,one inch thick doors,and a Rumpford fireplace with six hearths. I have attempted to maintain the home in its historic style,and will continue to ,as this adds to the charm of the street.The footprint of the house shall not change,there are three off street parking spaces in the rear of the proptery.Quality rental housing has a postive impact,the traffic flow will not be affected ,from 1990-2005 the number of people living at 19 Becket Street has been as much as 10 to as few as 3 . The only extorior change will be a new electric service. Sincerely, Cr �t 19 Becket Street SALEM,MA. 978 744 6390 January 18, 2005 Zoning Board of Appeals 120 Washington Street SALEM,MA.01970 RE: Statement of Hardship •R Dear Members, �y The circumstances that affect 19 Becket street is the fact that the neighborhood Is one of the oldest in Americia and the lot sizes were created long ago. M1: The lot size is the lot size, but the closeness of houses make for a quaint and cozy place. 5< Enforcement of the provisions of the ordinance will cause financial hardship to me and x my family. Cost keep going up, and the need for additional income is here. The foot print of the building will remain the same, as will the interior floor plan. f Constructed as a two family over two hundred years ago, and maintained as one by the Kawczynski family from 1909 through 1987. 4 Granting a variance and Reverting the house back as a two family will have no j adverse affects to the neighborhood. 19 BECKET Street is in a R-2 Zone Sincerely, led ,a rm Va-� 6-v- d-rw� !�� An y �-LhG� ��• A"tl U CErc� A•,.y 'i 19 Becket Street SALEM,MA. 978 744 6390 A� January 18, 2005 Y: Zoning Board of Appeals 120 Washington Street SALEM,MA. 01970 ;4 RE: neighbor consent dSi. TM4X Dear Members, fore. v We the undersigned consent to Michaefferry reverting his home back into a two family, a And wish the Zoning Board of Appeals grant the special permit and variance needed to do so. —� � 1raG `�I ,�.zcr February 15, 2005 Nina Cohen Board of Appeals 120 Washington Street Salem, Ma. 01970 Tom Hayden 17 Becket Street Salem, Ma. 01970 Subject: Appeals continuation concerning 19 Becket St, Mike Terry, non-conforming Structure scheduled for February 16, 2005 Nina, I have enclosed photos showing the property"right of way" that Mike Terry has been parking on for the past 7 years. Also enclosed you will see the photo with black top and cobblestone. The cobblestone is his land. The black top is our land. The fence was moved one day to where it is shown, when we were at work,by Mike Terry and his stepfather. They took our fence down, which was along the black top, cobblestone line, and banged it into where the supposed"line of right to pass" began. This is what we came home to. In the photo you will also see where they planted a cherry tree, keep their grill and patio set and also built an in-ground fireplace. This is where Mr. Terry stated in his letter to the Zoning Board of Appeals, dated January 18, 2005, "there are three off street parking spaces in the rear of the property". He has no intention of parking as required by the easement or as required if this two family allowance is made by the Board of Appeals. The tree actually blocks his ability to get to his back yard. We now state our objection to.his request, as we know and live with his ability to do what ever he wants, whenever he wants. The law is of no matter to him. This is evident in his misrepresentation with his letter to you and the existing parking issue. He presented this as a simple matter, when, in fact, it is much more than that. We ask for your assistance and concurrence in this matter. Thank you very much. Tom Hayden. 4 C Ni�/G 3wa 0 Uu �1 CC � riv eTz r k.W A' QW :u �� /`�✓ �� HCl�i� _y: �o;�'� \\` -s5 7 � i � � 1 1 � �� 4J !If `4 y �� L � 1{ Fj��C I ��{� �� - ;�� Bey ii k ' 1-� ,/ ' � � ■ 1 ; , ,i, ;. � r �� ' ��. �� 1� �� } � � ; �,-`�l, � ,� . r �.d:• :� � _ - — _ ". I.�> �.. . � . ��,�� e;� N r'J' �+ / --- r:: ,d, .pry � '1.i ti'' �.[> " —,.. ' 4 .�.+ .. � �,4 � '� �� 'a,�::.'.�.,� �' aiq s.L�:a. ,, � Po�,`g \� l/Y�ZIC/i✓G AG3 Doo 7 Oll Ir o � n, -oN,5.r_ � z - �.� _�: � A y.� .. x � �S�ix tsF�� AES � ^✓ , �Wy� �� i . ,��- t �! {I�iI' '' , � ' , � 'i ` fly,_ , .,.�,� ra ,� � ,. s• r.. 11. � '" � r 'I n�a ��,ji ,�� '` tin, �' �, i •.',. O 7\ \ O N 'A 0 �r • it y 1 11 ,ti v gyp, ��► ° ��•000�ood�i�4i°%�o�o��0� `4;0000e �\ I��G�L '�•o,P r//V -7v 5 cvx� ? �p is 1 ; �A \L a o r PLAN BOOKac fq.PLAN( l ti)>'Y.G'S:PY Of FFDA W.LM' PLAN OF LAND AT NOS 17, 19 & 21 BECKET ST. i IN �bTatiti� SALEM, MASS. 8` For Registry Use Only MAY 27, 1988 SCALE 1'=15' S b� /sem Cape Ann Lend Surveyors, Inc. Danvers, Maes. is o GRAPHIC SALE so is no ) LOT 2 5,023 sq. ft. f LOT 1 eY 5,680 sq. ft. a �h 9 `FFe f a3 �� P CI B k / a rrt� /dt.A ti \ �• d �a J h 93 sq. ft. LOT 3 �. ' O/ e� 9,939 sq. ft. \ Ly o� as2��a}ew /P4 �� ? st0*74 as `�� / Qe`� DETAIL OF PCL BS r \S�• � Qas� d q� 4 G W / Q` +ti° �01 (C NOT TO SCALE Pcl B Is to be corchrned with r \ EPC[ A and made part of Lot 2 rir 440 EM nft. old f \ ,+�,. ' \ ` Planning Board Approval under the ,III / \ f� ey Subdivision Control Law is not required. G 1 ! NOTE: Parcel B is to be combined with and SALEM PLANNING BOARD�\ -,��1 +'t made part of Lot 2 ��/ 11 / LL3'y��''>d�5� •�1a�� i..st.L24 . / w,.e.�•.�' • /�! �O• l°r Glc G .-.✓ 1 X. �1 b •f, ASSESSORS REGISTRY OF DEEDS OWNER % ` OATE: -13 g i Plan ID Map Lor Book Page Name Lot 1 41 131 9014 88 19 Becket Street Realty Trust Pot B 41 131 9014 88 19 Becket Street Realty Trust Lot 2 41 132 .r 8963 144 21 Becket Street Realty Trust ] I certify that this plan conforms to the Lot 3 41 130 8198 203 Patrick A. Collins et al Pei A 41 130 8198 203 Patrick A. Collins et al Rules and Regulations of the Registers of Deeds. y I / lFrAly S _Na.I DATE DESCRIPTIOK BY ,i