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134 BOSTON STREET - ZBA L= 134 BOSTON STREET 7t S 1 I ALJ) Legal Ndtice CITY OF SALEM BOARD OF APPEAL 978.745-9595,Ext 381 Will hold a public hearing for all persons interested in the petition sub- miffed by ED DOHERTY requesting Variances from Section 5-2 (c) and Section 7-3 allow an existing coro- mercial unitto to be converted Into a residential unit and Variance from ping requirements for the property located at 134 Boston Street B-2.Said hearing will be held on Wednesday, June 15/2005,6:30 p.m., 120 Wash ington Street,3rd floor,Room 313. I Nina Cohen,Chairman it (6/1,8) I� CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL CII 'QF SALEM, MA 120 WASHINGTON STREET, 3RD FLOOR CLERK'S OFFICE SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 MAYOR FAX: 978-740-9848 A05 JUN 22 P 2: 4b DECISION OF THE PETITION OF EDWARD DOHERTY REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 134 BOSTON STREET B-2 A hearing on this petition was held on June 15, 2005 with the following Board Members present: Nina Cohen, Chairman, Edward Moriarty, Nicholas Helides, Bonnie Belair and Steven Pinto. 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 a Variance from Section 5-3©and Section 7-3 to allow an existing commercial unit to be converted into a residential unit & a Variance from parking requirements for the property located at 134 Boston Street located in a B-2 zone. 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 structure involve. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioners. 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 of 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. Attorney Stephen Lovely represented the petition. 2. A letter of support from Councillor O'Leary dated June 15, 2005 was read into the minutes. 3. At the present time the building consists of 3 residential units and one commercial unit. 4. The commercial unit's last tenant was a political candidate. 5. Attorney Lovely stated that the owner has not been able to find a viable commercial tenant for the space. 6. The owner feels that there is no market demand for commercial space in that location. 7. There is a loading zone in the street in front of the subject property. i DECISION OF THE PETITION OF EDWARD DOHERTY REQUESTING A VARIANCE FOR THE PROPERTY LCOATED AT 134 BOSTON STREET B-2 Pagetwo 8. There is access to the structure from Boston Street and Watson Street. 9. The 4 parking spaces that exist are in tandem therefore there are only 2 existing legal parking spaces. 6 spaces are required for the proposed 4 residential unit use. 10. The commercial unit is proposed to be a one bedroom residential unit. 11. The owner plans to convert to condominiums and sell. 12. The proposed unit configuration will be two, two bedroom units and two one- bedroom unit. 13. Jose Silva spoke for his father who owns 136 Boston Street and is in favor of the petition. 14. The owner of 138 Boston Street spoke in favor of the petition. 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 exist which especially affect the subject property but not the District. 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. Therefore, the Zoning Board of Appeal voted 5 in favor and 0 in opposition to grant the Variances requested, subject to the following conditions; 1. Petitioner shall comply with all city and state statues, ordinances, codes and regulations. 2. All requirements of the Salem Fire Department shall be strictly adhered to. 3. All construction shall be done as per the plans and dimensions submitted and approved by the Building Commissioner. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5 Exterior finishes of the new construction shall be in harmony with the existing structure. x I DECISION OF THE PETITION OF EDWARD DOHERTY REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 134 BOSTON STREET B-2 Page three 6. A Certificate of Occupancy shall be obtained. 7. Petitioner shall obtain proper street numbering from the City's Assessors office And display said numbers as to be visible from the street. 8. Petitioner is to obtain approval from any City Board or Commission having Jurisdiction including, but not limited to, the Planning Board. l Variance Granted June 15, 2005 � tl Nicholas Halides, Memboe Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CIITY 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 day 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 certificate of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that is has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. aC lfv of'SaIrm, Aassarhusle#ts (office of f4t, (litg (9uunril (fifg �Knfl COUNCILLORS-AT-LARGE MICHAEL BENCAL WARD COUNCILLORS PRESIDENT 2005 2005 THOMAS H. FUREY CHERYL A. LAPOINTE LUCY CORCHADO KEVIN R. HARVEY CITY CLERK MICHAEL SOSNOWSKI JOAN B. LOVELY JEAN M. PELLETIER ARTHUR C.SARGENT III LEONARD F.O'LEARY MATTHEW A.VENO MICHAEL BENCAL JOSEPH A.O'KEEFE, SR. June 15, 2005 Ms. Nina Cohen, Chairperson Board of Appeal City of Salem Salem, MA 01970 Dear Ms. Cohen, Due to another commitment I cannot attend tonight's meeting but would like this letter be on record. On the petition of Ed Doherty requesting a Variance to allow an existing commercial unit be converted into a residential unit for property located at 134 Boston Street, it is my opinion that the petition should be granted. The property owner has tried to rent out the storefront without success over the last five years. I have met with him and toured the facility and believe that this would be a good use for this property. Please give it your consideration. Very truly yours, LEONARD F. O'LEARY COUNCILLOR WARD FOUR SALEM CITY HALL 93 WASHINGTON STREET SALEM, MA 01970-3592 • WWW.SALEMCOUNCIL.COM TO THE BOARD OF APPEAL: The Undersigned represents that he is the owner of a certain parcel of land located at: 134 Boston Street; Zoning District 112; and said parcel is affected by Section(s) of the Massachusetts State Building Code. Plans describing the work proposed have been submitted to the Inspector of Buildings in accordance with Section IX A.1 of the Zoning Ordinance. The Application for Permit was denied by the Inspector of Buildings for the following reason(s): DIRECT APPEAL The Undersigned hereby petitions the Board of Appeal to vary the terms of the Salem Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially derogating from the intent and purpose of the Zoning Ordinance and Building Code for the following reasons: Pursuant to Section 9-5 the Petitioner seeks variances from Section 5-2 (e) and Section 7-3 of the Salem Zoning Ordinances to allow the an existing commercial unit to be converted into a residential unit. The petitioner states that the conversion of the existing unit from commercial to.residential will not depart from the intent of the Salem Zoning Ordinance that had allowed the exiting residential units. The Petitioner's change if approved will render a change to the entire building from a mixed use to solely a residential use. The Petitioner also seeks from the Board a variance from the residential parking requirement. Owner Ed Doherty, Trustee Petitioner Ed Doherty 134 Boston Street Realty Trust Address 35 Doty Avenue Danvers, MA Address 35 Doty Avenue Danvers, MA Telephone 978-360-9558 Telephone 978-360-9558 By Ed Doherty, Trustee l By his orn Stephen P. Lovely, Esq. 14 Story Street Salem, Massachusetts 01970 978-745-8274 BBO #560533 Date April 12, 2005 Map 16 Lot 355 N/F Felipito Guzman 7 Watson Street Deed Bk 22002 Pg 291 Parking 51.03' 2 Space 4 543'17'53"E (TYp) _ 4 i i Bit. Cones Fence 2' 0 � 3 LO . w � 0 00 N co - f ` _ z En Map 16 Lot 0160 C-� NSF w Lornie S. Jr. & Tracey A. Thomas, Trs. 132 Boston Street Deed Bk 15780 Pg 531 #134 �O 3 Sty. C~ Bit. Conc. Map 16 Lot 0161 3,142 sq.ft. 50.00' — N43'46'07"W Concrete Sidewalk 4" Tr. C Granite Curb Six Space s BOSTON STREET Parking Plan for: w ED DOHERTY 134 BOSTON STREET SALEM, MA a ROB H. Prepared By s VM" Griffin Engineering Group, LLC g NOTES: tr�58se REFERENCES: 1. Zoning = 82, Entrance Corridor Overlay =F9s�is +� e`�p 100 Cummings Center, Suite 224G a ENG 1) Deed Book 24156 Page 147. District '�S>ONAL BeVerlMA 01915 2) Plan in Deed Book 8189 Page 600. 2• Off—Street Parking Provided: 1.5 Sp per (978 ,927-5111 g Dwelling Unit. / /D S 3. Parking spaces shown are 9'x20', plus 2' (YY overhang for a total of 9'x22'. 4. Existing Conditions Survey by Leblanc Survey June 10, 2005 Scale 1 `10 ' Associates, Inc., Danvers, MA June 10, 2005. U N HOR. SCALE IN FEET 0 10 25 50' s m N_