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11-13 BRYANT STREET - ZBA (2) �\��e� Legal Notice f CIN OF SALEM BOARD OF APPEAL 978-745-9595,ExL 381' will hold a public hearing for all peri sons interested in the petition submit I` ted by THOMAS MCDONALD is seek ing to remove clause from previous Zoning Board decision requiring owner occupancy for 3 family use for' nt - the properly located at 11-13 Brya Street R-2.Said hearing will be held ori Wednesday, November 16,2005 ai 6:30 p.m., 120 Washington Street 3rd floor,Room 313. 1 Nina Cohen,Chairm a CITY OF SALEM9 MASSACHUSETTq I v L-1ti-� t, ifq BOARD-OF.APPEAL K'S OFFICE 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: E : 78-74 -9595 ZOOS NOV 11 P � 3b MAYOR DECISION OF THE PETITION OF THOMAS MCDONALD REQUESTING REMOVAL OF CLAUSE FROM PREVIOUS DECISION FOR THE PROPERTY LOCATED AT 11- 13 BRYANT STREET R-2 A hearing on this petition was held November 16 2005 meeting with the following Board Members were present: Nina Cohen Chairman, Nicholas Halides, Robin Stein, Edward Moriarty and Richard Dionne. 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. At the request of the Petitioner, the Salem Board of Appeal voted 5-0, to grant leave to withdraw this petition without prejudice requesting to remove clause from previous decision requiring owner occupancy for 3 family for the property located at 11-13 Bryant Street R-2. GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE NOVEMBER 16, 2005 _ Nina Cohen, Chairman 8(,'kk, 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 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 that, if 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 of the owner of record or is recorded and noted on the owner's Certificate of Title. Board of Appeal r Ctv of" ttlem, � ttssttc�usetts y Poara of DECISION ON THE PETITION OF RICHARD VARNEY FOR A SPECIAL PERMIT FOR 11-13 BRYANT STREET, SALEM A hearing on this petition was held "£sir y21%9 ?M �ith the following Board Ac Members present: Edward Luzinski, ng Chairman; essrs. , Charnas, Strout and Associate Members Dore and LaBrecqueFlAptice 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 Massachusettel'n 1(Lave,K*A*ter 40A. Petitioner, owner of the premises, requests a Special Permit to allow him 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 this request 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, ex- tension, 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 consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1 . The premises can accommodate at least seven (7) on site parking spaces, which is more than adequate for the proposed three family use; 2. An additional unit in the building will not appreciably increase the traffic or density of the neighborhood; 3. A three family dwelling is not out of character with the neighborhood. 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 proposed use of the premises will not be substantially more detrimental to the public good than the existing use; 2. The propose use will promote the health, safety and welfare of the City's inhabitants. DECISION ON THE PETITION OF RICHARD VARNEY FOR A SPECIAL PERMIT FOR 11-13 BRYANT ST. , SALEM . page two Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief requested provided that: 1 . No less than seven (7) non-piggyback parking spaces be provided on the premises; 2. Access to the parking spaces be hottopped; 3. A Certificate of Occupancy be obtained; 4. The premises be owner occupied. SPECIAL PERMIT GRANTED Scott E. Charnas, Secretary A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK ..-'h EE i'AOE PC- 20 TO 20 DSS A-TE, * c - _ I:._ T ;•.E 'HE CITY CLERK. c Tic 1.o'l;�i r..._ .. 0. .0 . FF Th' .. z LEEP5 Eoo r A,D Ff err ✓ ii.i"D ON THE UNER S OERI Ir IC .E OF n LE. BOARD OF APPEAL 0 CITY OF SALEM, MASSACHUSETTS a. PUBLIC PROPERTY DEPARTMENT �p- 120 WASHINGTON STREET, 3RD FLOOR Y�NAR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 VIOLATION NOTICE PROPERTY LOCATION 11-13 BRYANT STREET November 4, 2005 Thomas McDonald PO Box 23 Beverly, MA 01915 Dear Mr. McDonald; The above listed property has been found to be in violation of the following State Codes and/or City Ordinances: 780 CMR, State Building Code, Section 118, Violations. Which states that it is unlawful to erect any permanent structure without first obtaining a permit to do so. To date, no inspections have been performed regarding the excavation or footing for this structure. Said violations must begin to be corrected, repaired, and/or brought into compliance within 2 days of your receipt of this notice. Failure to do so may result in further actions being brought against you, up to and including the filing of complaints at District Court. If you have any questions regarding this letter, please contact the Building Inspectors Office at (978) 745-9595, extension 386. Sincerely, i seph E. Barbeau, Jr. Assistant Building Inspector CC: file, Mayor's Office, Councilor Bencal, Fire Prevention 'i LAJJ Zz , zeros Cue --- - ZC?,,,.-j� , - - ,t - - - - - MA����Q ZL OgOA6 (S ha' LAND SURVEYING • CIVIL ENGINEERING PLOT PLAN OF LAND LOCATED IN S✓ Z--Ffq MASS. A,� s A r MaaNEr t MAYO Q Or WADLEIGH DwttLinUi 1`x0' 10 hb� �� Q5 ., ✓\� This plan has been compiled PO5 Ag ����� ��P <"� from .deeds and assessors maps, 13 due to the uncertainty of r;r' �, . Property lines. - I hereby certify r Anr JA 7111 /&/W/ that I have ADDED examined the premises and all easements , encroachments and f�9kK�A�F F/ ER buildings are located on the ground as shown. I further certify that the buildings shown conformed to the dimensional zon laws of S LTih 1,;i when SCALE: / 3o constructed. I further certify DATE: A)6- e�; that the property /5 /✓G% REFERENCE: BK PG located in the estab ood .. l OF MAX hazard area. P`�H ss4Os This Plan has .been prepared for conveyancing purposeso= 'ch OPReR only for the above party, and is not be be used for (� boundary measurements. —'�i�c /,•Y,� .EilI u Cluistopher R. Me�0 � cLS ��F� / 40 LOWELL STREET 35 FOREST STREET PEABODY, MASS, 01960 MEDFORD. MASS. 02155 531 8121 391 0655 October 4,2005 811 1 t DltiG D£PT Thomas J. St. Pierre, 1605 SEP 3, A Zoning Enforcement Officer 9' 35 . City of Salem Building Departmentprrr (V 120 Washington Street, 3rtl Floor SALE© /�9q Salem, MA 01970 Subject: 11 —13 Bryant Street Violations Mr. St. Pierre, Please cancel the scheduled hearing for the owner of 11 —13 Bryant Street to obtain a permit for a third floor apartment. Apparently the owner does not feel a need to comply with your violation notices of 7/11/05 and 9/8/05. His tenant told me that the owner instructed them to park their cars in front of my house, as there is no parking for them at 11 —13 Bryant St. The paved area aside of 11 —13 Bryant St. never has more than 2 cars parked there, and there is room for 3. The 4-car garage appears to be full of boats, 3 wheel motorcycles, and toys, and is not used for parking cars. I am enclosing some pictures of their cars parked in front of my house at 61 Buffum St. Once parked,these cars don't move for least 3 days.As you can see these are not in the best of shape. To make matters worse both of these cars need mufflers. Also the date stamp indicates there has been no communication or effort on the owner's part to have them park in his garage or paved 3-car area. 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