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4 BURKE STREET - ZBA 4 Burke St. R-1 Raymond McDaid S v ��Co•M.Lo� Chu ofSalem, C ttssttcl�useft c I I i I oT pM '61 � pS Pourb of c4peI1 FILED DECISION ON THE PETITION OF RAYMOND MCDAID FOR A SPECIAL PEAP CLERK. SAL EH. MASS. FOR 4 BURKE ST. (R-1 ) A hearing on this petition was held November 23, 1987 with the following Board Members present: James Hacker, Chairman; Messrs. , Fleming, Strout, Associated Members Dore and 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 Massachusetts General Laws Chapter 40A. Petitioner, owner of the property, is requesting a SpecialPermit to extend non- confroming setbacks and density to allow construction of a two story addition in this R-1 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, 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 the evidence presented at th= hearing, and after viewing the plans, makes the following findings of fact: 1 . Neighbors submitted a petition signed by six individuals and families in favor of the proposal; 2. Councillor Leonard O'Leary spoke in favor of the petition; 3. There was no opposition to the petition; On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1 . The proposed addition will be in harmony with the neighborhood and will promote the convenience and welfare of the City's inhabitants; 2. The Special Permit requested 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. • DECISION ON THE PETITION OF RAYMOND MCDAID FOR SPECIAL PERMIT AT 4 BURKE ST. , SALEM page two Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief requested subject to the following termis and conditions: 1 . All requirements of the Salem Fire Prevention Bureau must be adhered to; -- 2. A Building Permit must be obtained; 3. Exterior finish must conform with existing dwelling; 4. A Certificate of Occupancy. GRANTED he . Peter Dore, Member, Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH PLANNING BOARD AND THE CITY CLERK APPEAL FROy THIS GENERAL (AWS. VISION. IF ANY, SPALL BE MADE PURSUANT TO SECTION 17 OF THE G"f,•S. OF THIS DEC, CHAFFER 808. AND SHALL BE FILED W;THIN 20 DAYS AFTER THE DATE OF Fii II�C S'OrF IN THE OFF;CE GF THE CITY CLERK. RANTED 70 X SS GENERAL LAAS. CH'11TER Sia. SECT'ON 11, THE YAR �E GRANTED !j;}vrp:. SHALL NOT TARE EFFECT UNTIL A COPY OF c fIC.ATIC•Y, DF TIIy IAN.t OR SPT;; r-,...i OR THA* IF Su�F,•CAJ 4r'FEy.IHq� FATE H:. LLAPSCp P.Y H No A,'-'- H,<,�F.- REf C,^-E ' IN $iiU LH D-Ei FJ"'E T5A* - 7HE ESSEX PC'IjiR1 -.r OF RECORD OR IS RECORDED AND ND'- DNFTIiF OWNER SINL)EXECAiE Of iITiE. :1 BOARD OF APPEAL I 3 I� - - I ---- - 0 P C'<) Y-1F .�` I& ,, s _ Moon iN m . I IIt 3 { 6 MORTGAGE INSPECTION PLAN BUYER I Lr .I . .,1e PAIV- LOCATED IN TO THE ` 1.1I-- fe V _ GiJilb.e2 - .VA 0 K AND ITS TITLE INSURERS MASSACHUSETTS I HEREBY CERTIFY THAT I HAVE EXAMINED THE PREMISES AND ALL EASEMENTS, ENCROACHMENTS AND BUILDINGS ARE LOCATED ON THE GROUND AS SHOWN. I FURTHER CERTIFY THAT THE BUILDING SHOWN DO( )CONFORM TO THE �, ,Y ZONING LAWS AND AMENDMENTS, LA. (FRONT..SIDE B REAR YARD SET BACK ONLY)OF_ -,[�+LL WHEN CONSTRUCTED. I FURTHER CERTIFY THAT THIS PROPERTY IS NLJ L, LOCATED IN THE ESTABLISHED FLOW 'HAZARD AREA. 1 NOTE THIS CERTIFICATION IS BASED ON THE LOCATION OF SURVEY MARKERS OF OTHERS, AND DEED DOES NOT REPRESENT A PROPERTY SURVEY. BOOK tlIL.L. EXAMINATION OF THE RECORDS IS MADE ONLY SUBSEOUENT TO THE RECORDED DATE OF THE PAGE9t _ LATEST DEED AND DOES NOT INCLUDE VERIFYING THE .ACCURACY OF THE DEED DESCRIPTIONT PREVIOUS TO ITS DATE OF RECORD. PLAN G� y THIS COMPANY IS NOT RESPONSIBLE .FOR ANY INDENTURES MADE SUBSEQUENT TO THE NO. RECORDED DATE OF THE LATEST DEED OF RECORD. " WHENEVER BUILDINGS ARE SHOWN LESS THAN ONE FOOT FROM THE PROPERTY LINE IT IS BOOK ADVISED THAT A MORE PRECISE SURVEY BE MADE TO VERIFY THESE MESUREMENTS. PAGE THIS CERTIFICATION TO BE USED FOR MORTGAGE PURPOSES ONLY I�.C.ENT. NO. f BRADFORD ENGINEERING CO. . (;5 of . . SCALE 20. L P.O. BOX 1244 Haverhill, MOSS UIBUI James W 8"��I, �dkx'� ,2L 4+ TFL. = !T! zsae .you !:UIIV F � McDaid Brothers Painting and Carpentry 3 Park Square Raymond J. McDaid Peabody, MA 01960 532-1125/745-1990 11/17/87 We The undersigned neighbors of Raymond & Julie McDaid have no objections to the granting of a special permit to build their two story addition at 4 Burke St. Salem Ma. 1 m a4 Tl.i lt9bee Sfi�S4�P�. z 4$n�.�` .u`'y��'r��:`�'�S �€iW�� A �'� 3'ifa� Qwn ;: r'�.' �i�# # 1$4a'�`� {��ati»�''�s.��1'��2a�-✓ {, � ��i,�yt . GERARD KAVANAUGH "� '� - ONE SALEM GREEN ,CITY PLANNER - - - 01970 4 (617)744.4580 J Q • September 30, 1987 James Hacker Chairman, Board of Appeals Dear Mr. Hacker: - On July 23, 1987 in accordance with Chapter 40A, Section 16, the Planning Board reviewed the petition of Mr. Judith Gianareles, regarding her petition for a variance to allow the construction of a 2 story building at 165 Boston Street, which was denied by the Board of Appeals on June 17, 1987. As required by State law for this petition to be resubmitted to the Board of Appeal within 2 years of unfavorable action by the Board of Appeal, the Planning Board agrees that specific and material changes have been made to the petition. Sinyc/ereiv,. f� Gerard Kavanaugh City Planner J625 i DENSITY REGULATIONS SECTION VI TABLE II BUSINESS AND INDUSTRIAL DENSITY REGULATIONS B-2 VARIANCE REQUEST inimum Lot Area (s,.ft.) 12,000 1 , 874 sq . ft . inimum Lot Width (ft.) 100 32 ft . Maximum Lot Coverage by All Buildings 25% 64% inimum Depth of Front Yard (ft.) 30 4 ft . inimum Width of Side Yard (ft.) 10 3 ft . inimum Depth of Rear Yard (ft.) 30 4 ft . 8 in. ximum Height of Buildings (ft.) 30 i.aximum Height of Fences/Boundary Walls 10 41 i',-• . G 04 Otg of "Salem, f ttssuc, 4usetts .� ' �nttra of �}rpettl '83 DEC -7 A 9 DECISION ON THE PETITION OF NICHOLAS S.' GIANARELES CITY C,E'!, '" arcic . FOR A SPECIAL PERMIT FOR 165 BOSTON ST. , SALEM SAL;. ; ; A hearing on this petitioner was held on November 2, 1983 with the following Board Members present: James Hacker, Chairman; Messrs., Hopper, Luzinski, Piemonte and Associate Member Bencal. Notices of the hearing were sent to abutters and others and notices of the hearing were properly published in accordance with Massachusetts General Laws Chapter 40A. Petitioner is requesting a Special Permit to allow the sale of used automobiles in this B-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 1n 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 heals safety, convenience and welfare of the City's inhabitants. The Board of Appeal, after considering the evidence presented at the hearing az after viewing plans of the property, makes the following findings of fact: 1 . Opposition raised by neighbors was concerned with increase in traffic and with parking on the public way; 2. The proposed use of the premises will not have any substantial negativ effects on the surrounding area; 3. The business will be owner operated. On the basis of the above findings of fact and on the evidence presented at th public hearing, the Board of Appeal finds that: s 1 . The proposed use of the property will not be substantially more detrimental to the neighborhood than the existing use; 2. The proposed use of the property is in harmony with- the Salem Zoning Ordinance. .;DECISION ON PETITION OF NICHOLAS S. GIANpRELES FORA SPECIAL PERMIT FOR 165 BOSTON ST. , SALEM Accordingly, the Zoning Board of Appeal approved the granting of a Special Permit. The Board voted as follows: Messrs. Hacker, Luzinski, Piemonte and Bencal voted in favor of the Special Permit. Mr. Hopper voted to deny. Therefore, the Special Permit is hereby granted in accordance with the followir terms and conditions: 1 . No flamables are to be stored on site; 2. No repairs, other than minor emergency repairs, are to be made on the premises; 3. Any lighting is to placed so as to face inward and away from residence-- 4. There is to be no parking of any vehicles on the public way; 5. There will be no more that ten (10) vehicles on the premises; 6. A Certificate of Occupancy and Use must be obtained; 7. Premises must be in compliance with all Fire Codes; 8. Subject to the approval of the Licensing Board, and subject to any restrictions they may impose. w James B. Hacker, Chairman- 510 hairman510 U G1'PEAL FRO::1 7H!S DECGION- Ir A.C'f, SHALL Sr 1.:ADE PURSUANT TO SEC710,1 1: CF THE :' ATS. Mc ZPAL L:CYS..Cr;:.:iE:t SC3, AND SHALL £E fGEO Ci;7NN 20 DAYS AFTER THE CATL Or F,U."G C: M:S CEC1S•Of; IN THE CFF;OE OF T;iE CITY CLERK. TO ;dAES. ME IRAL L.A'.15, CHAPTER £35. SECEI3;1 I1. THE VARIANCE O3 C!:4aZ0 HEREIN. S-ALL MV TAKE EFFECT UNTIL A COFY OF THEDEC:;fJR. !t 1101`1 OF THE C;-.i CLER, WAT 20 DAYS H".1E SU1;5ED li' APPSA.L H.^.: :' � - CL• l:iTa. IF 5:.�7f1 !:: AP?EAL HAS SEEM FILE. 1)'Af IT H:.S JEEiI D!S."'.M-:0 RESL•RJEO IN THE SOUf8 ESSEX REGISTRY OF DEEDS AND 1`f-EXED UNDER THE 7-' Z Li ME Cjr;E- OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TIT BOARD OF APPEAL A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLE r. BOARD OF APPEALS SALEM, MASS . WE THE UNDERSIGNED BEING ABUTTERS OF THE PROPERTY OWNED BY JUDITH GIANARELES REQUEST THAT THE VARIANCE BE GRANTED AT 165 BOSTON ST . 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