1 BUTLER STREET - ZBA (2) I Butler St. R-1
% Nicholas & Deborah Marotta
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DECISION 014 THE PETITION OF NICHOLAS M. & DEBORAH I. MAROTTA
FOR VARIANCES FOR 1 BUTLER ST. 91iYZ, F`•, k.lfa.)4Atf.
A hearing on this petition was held on September 17, 1986 and suspended to
September 22, 1986, with the following Board Members present: James Hacker,
Chairman; Messrs. , Fleming, Bencal, Strout and Luzinski. 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 petitioners, represented by Attorney Michael M. McArdle, requested a Variance
for the building located at 1 Butler St. to be used as a three (3) family dwelling
and a Variance from the required or, site parking requirements. The property is
located in an R-1 district.
The Variances 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 and structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners; and
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 the purpose of the Ordinance.
The Board of Appeal, after hearing the evidence presented at the hearing and after
viewing the plans, makes the following findings of fact:
1 . No opposition was presented to the plan;
2. The area, although designated R-1 consists substantially of two (2)
and three (3) family dwelling units;
3. A denial of the Variance would work an economic hardship on the
petitioners;
4. A two family use would not derogate the value of surrounding
housing;
5. There is room for three (3) cars to be parked on the premises.
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 . Special conditions exist which especially affect the property but do not
generally affect other lands, buildings and structures in the same district;
2. Literal enforcement of the Zoning Ordinance would involve substantial
econo,-;c hardship to the petitioners;
DECISION ON THE PETITION OF NICHOLAS M. & DEBORAH I. MAROTTA
FOR VARIANCES FOR 1 BUTLER ST. , SALEM
page two
3. The relief requested may 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 4-1 , Mr. Hacker opposed, to grant a
Variance to allow the property at 1 Butler St. to be used as a two (2) family
dwelling, provided that:
1 . The property remain owner occupied;
2. Three (3) spaces for automobile parking be maintained on the property;
3. That all the requirements of the Massachusetts State Building Code
be adhere to;
4. That all the requirements of the Salem Fire Department regarding fire
prevention be adhereed to;
5. That the petitioners obtain an Occupancy Permit from the Building
Inspector for each unit.
The requested Variance from the parking requirements is not granted since the
petitioners can meet the one site parking requirements for a two (2) family use,
that is three (3) spaces.
VARIANCE, AS MODIFIED, GRANTED
(dames M. Fleming, Esq. , ,,Zwmber
Board of Appeal
A COPY OF THIS DECISION' HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FROM THIS DECISIONi, IF ASY. SHALL BE MADE PURSUANT TO SECTION' 17 OF T4E —
GENERAL LUiS, ChAFT_R SCE. A':D SHALL BE BLED WITHIN 20 DAYS AFTER THE RATS ^` F;�,:L
CF THIS DEMiGN IN THE OFFICE N THE CITY CLERK.
P2C1.GT TO .:ASS. CE'.ErAL LAB,:. 'oT.ES EC_ SECT:Jta :I, THE VARIA'rZ D7, SPECIAL PE. "'IT
t-RkUED HEP,E:Y, SFA.L t:?.- T:'(: .°.F.T IX::_ A CCPY OF THE PL"'Ei' .. 5£ - T^- -11 _
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OR THAT IF SJ;niAN ..PPEFI r.'. _.E , FILE. TiA. IT h.. `_'__'. ._.,_ :_ :. .:
REC_"OED IN. THE SJOiH ESS,� R5 :JTRi EF . E=2S A;:L i:,CE ,c_ E �
OF RECORD OR IS REC::P.DED AND NOTED ON ThE OV NER'S CERTtfiGATE OF Ti :E.
BOARD OF APPEAL