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6 CLARK STREET - ZBA I� G 6 CLARK STREET R-1 MARVIN & VANESSA DOLLINS V� � C (Citu ofttlem, � ttsSttclTusetts Paura of 'Auprul DECISION ON THE PETITION OF MARVIN & VANESSA DOLLI?;S REQUESTING_ A - VARIANCE FOR THE PROPERTY LOCATED AT 6 CLARK STREET fR-11 A hearing on this petition was held Julv 17. 1996 with the following Board Members present: Gary Barrett, Chairman: Nina Cohen, Joseph Ywu. Albert Hill 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. Petitioner reauests a Variance to convert a single family dwelling to a two family dwelling for the property located at 6 Clark Street. The Variance which has 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. 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 careful consideration o: the evidence presented at the hearing, makes the following findings of facts: 1. Petitioners owns and resides at the subject property with three teenaee children and Mrs. Dollin's mother Stella Lazaris. 2. Petitioner 's children and Mr. Dollins are asthmatic, and the proposed expansion of the premises would permi:� them to live in rooms which were not located in the basement. 3. The configuration of the proposed expansion consists of an "in-law" apartment on a second floor with separate kitchen facilities, bathroom and separation from the first floor. 4. The property has been in Petitioner's family for over 40 years, and the current house was built in 1969 . 5. Anges George, 8 Clark St. , Mrs. Dollins aunt, spoke in favor of the petition. 6. Jane and Jeffrey Bachman, 3 Clark St. spoke in opposition to the petition. 7. Patty Rutkowski, 5 Clark St. spoke in opposition to the petition. 8. David Russo. 0 Clark St. spoke in opposition to the petition. 9. Those speaking in opposition voiced concerns cf adding a two-family dwelling to a single family zoned area. All were concerned of the Dermanent status of a two-familv once the property were to be transferred from the Dollins 's ownership. DECISION ON THE PETITION OF MARVIN & VANESSA DOLLINS REQUESTING A VARIANCE FOR THE PROPERTY LOCATED A 6 CLARK STREET (R-1f. Daee two There also were concerns about parking demands required by a two-familv dwelling. On the basic of the above findings of fact, and on the evidence presented at the hearings, the Board of Appeal concludes as follows: 1 . No special conditions exist which especially affect the subject property as opposed to the district in general. 2. Literal enforcement of the Zoning Ordinance would not involve substantial hardship to the petitioner. 3. Desirable relief requested cannot be granted without substantial detriment to the public good or without nullifving and substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore. the Board of Appeal voted 0-6-in opposition to the motion to grant the Variance, having failed to garner the required votes to pass. the motion is defeated and the petition is denied. Variance Denied June 17, 1996 /1 J Gary Barrett. Chairman 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 SOA, and shall be filed within 20 days after the date of filing of this decision in the office of the Citv Clerk. Pursuant to Massachusetts General Laws Chapter 40A,Section 11, the Variance of Special Permit granted herein shall not take effect until a copv of the decision bearing the certification of the City Clerk that2O 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. Board of Appeal CITY OF SALEM BOARD OF APPEAL ONE SALEM GREEN, 2ND FLOOR SALEM, MA. 01970 JULY 11, 1996 RE: VARIENCE/SPECIAL PERMIT TO ENABLE TO CHANGE A SINGLE FAMILY DWELLING INTO A TWO FAMILY DWELLING BY MARVIN AND VANESSA DOLLINS AT 6 CLARK STREET SALEM, MA TO THE BOARD OF APPEAL, PLEASE BE ADVISED THAT WE ARE ADAMANTLY OPPOSED TO THE GRANTING OF THIS VARIANCE TO CHANGE A SINGLE FAMILY DWELLING INTO A TWO FAMILY DWELLING AT 6 CLARK STREET SALEM, MA. FOR THE FOLLOWING REASONS: 1. WE BOUGHT OUR HOME AT 3 CLARK STREET BECAUSE THIS NEIGHBORHOOD WAS MADE UP OF SINGLE FAMILY HOMES. 2. THERE ARE NO MULTI-FAMILY HOUSES WITHIN A 1 MILE RADIUS OF CLARK STREET. IF THIS VARIANCE IS GRANTED, WHAT WILL STOP OTHER MULTI-FAMILY HOMES FROM BEING BUILT IN THIS NEIGHBORHOOD?? 3. TO ALLOW A TWO FAMILY HOME INTO THIS NEIGHBORHOOD WILL ADD TO THE TRAFFIC AND CONGESTION ALREADY SEEN DUE TO THE RAPID GROWTH AND BUILDING ALREADY GOING ON. 4. WE FEEL THAT OUR PROPERTY VALUE WILL DECREASE BECAUSE THE NEIGHBORHOOD WILL NO LONGER BE EXCLUSIVELY SINGLE FAMILY HOMES. 5. THE DOLLINS'HAD THEIR HOME ON THE MARKET AND COULDN'T SELL IT. WHAT WILL STOP THEM FROM CONVERTING TO A TWO FAMILY, SELLING IT, MOVING AWAY AND LEAVING THE NEIGHBORHOOD TO DEAL WITH AN ABSENTEE LANDLORD AND RENTERS ??? SINCERELY, JEFFREY P. AND JANE P. BACHMANN 3 CLARK STREET SALEM, MA. 01970 CITY OF SALEM BOARD OF APPEAL ONE SALEM GREEN, 2ND FLOOR SALEM, MA. 01970 JULY 11, 1996 RE: VARIENCE/SPECIAL PERMIT TO ENABLE TO CHANGE A SINGLE FAMILY DWELLING INTO A TWO FAMILY DWELLING BY MARVIN AND VANESSA DOLLINS AT 6 CLARK STREET SALEM, MA TO THE BOARD OF APPEAL, PLEASE BE ADVISED THAT WE ARE ADAMANTLY OPPOSED TO THE GRANTING OF THIS VARIANCE TO CHANGE A SINGLE FAMILY DWELLING INTO A TWO FAMILY DWELLING AT 6 CLARK STREET SALEM, MA. FOR THE FOLLOWING REASONS: 1. WE BOUGHT OUR HOME AT 3 CLARK STREET BECAUSE THIS NEIGHBORHOOD WAS MADE UP OF SINGLE FAMILY HOMES. 2. THERE ARE NO MULTI-FAMILY HOUSES WITHIN A 1 MILE RADIUS OF CLARK STREET. IF THIS VARIANCE IS GRANTED, WHAT WILL STOP OTHER MULTI-FAMILY HOMES FROM BEING BUILT IN THIS NEIGHBORHOOD?? 3. TO ALLOW A TWO FAMILY HOME INTO THIS NEIGHBORHOOD WILL ADD TO THE TRAFFIC AND CONGESTION ALREADY SEEN DUE TO THE RAPID GROWTH AND BUILDING ALREADY GOING ON. 4. WE FEEL THAT OUR PROPERTY VALUE WILL DECREASE BECAUSE THE NEIGHBORHOOD WILL NO LONGER BE EXCLUSIVELY SINGLE FAMILY HOMES. 5. THE DOLLINS'HAD THEIR HOME ON THE MARKET AND COULDN'T SELL IT. WHAT WILL STOP THEM FROM CONVERTING TO A TWO FAMILY, SELLING IT, MOVING AWAY AND LEAVING THE NEIGHBORHOOD TO DEAL WITH AN ABSENTEE LANDLORD AND RENTERS ??? 3sc LYQ LY FRE AND JANE P. BAC �� 3 CLARK STREET SALEM, MA. 01970 DEED REFERENCE: BOOK 10261 PAGE 117 N/F LOT 100 °-' P"t°" W%LAM 93 22 MDAP\AAD 3 LOT 1022 129369± S. F. T 9 p r'�SEP,8 `��St1RYf`• e (set) 8689 "I CERTIFY THAT THE DWELLING MI IS LOCATED AS SHOWN." ABOVE CFMND RALPH W. REID P.L.S. POOL N/F PA110 N/F 12.0' TANNER BUILDINGS AGNES F. GEORGE '777777 STAKE (o GRAPHIC SCALE MAP 3 LOT 123 (set) E`. 1 STORY NMAP 3 LOT 127 WOOD j 0) 30 0 u w so 120 of t #6 17.2'u� ( IN FEEL' ) STAKE �� 1 inch = 30 ft. (set) — SALEM , MASSACHUSETTS PLAN OF LAND PREPARED FOR: , STAKE MARVIN & VANESSA DOLLINS (set) 79.00' MAP 3 LOT 124 REID LAND SURVEYORS R 6 CLARK STREET 365 CHATHAM STREET D LYNN, MASSACHUSETTS S96-041 QTS DATE: JUNE 18, 1996 SCALE: 1 " = 20'