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11 DEARBORN STREET - ZBA 11 OearborA S+ S i Cr- d a ; �aHo�raq CITY OF SALEM9 MASSACHUSETTS BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 TELEPHONE: 978-745-9595 poi FAX: 978-740-9846 � l HIT! _2 P 7: KIMBERLEY DRISCOLL � Ci MAYOR 1 f CITY i; J. November 2, 2011 0 Decision City of Salem Zoning Board of Appeals Petition of LAWRENCE GALLAGHER requesting Variances from lot area per dwelling unit and off-street parking regulations, for the property located at 11 DEARBORN STREET(R-2), in order to use the single-family house as a two-family house. A public hearing on the above Petition was opened on October 19, 2011, pursuant to Mass General Law Ch. 40A, § 11. The hearing was closed on that date with the following Zoning Board of Appeals members present: Rebecca Curran (chair), Richard Dionne, Jamie Metsch and Bonnie Belair (alternate). Petitioner seeks Variances pursuant to Sections 4.1 and 5.1 of the City of Salem Zoning Ordinances. Statements of fact: 1. Lawrence Gallagher represented himself at the hearing.' 2. The single-family house located at 11 Dearborn Street contains a second unit, which the petitioner seeks to legalize. Space exists for four tandem parking spaces,,or two standard spaces. I 3. In.a petition date-stamped September 13, 2011, petitioner requested Variances from lot area per dwelling unit and from off-street parking regulations in order to allow the use of the second unit. No exterior construction is proposed. 4. At the hearing, no one spoke in opposition to the petition. The petitioner submitted several signatures of abutters indicating their support. The Board of Appeal, after careful consideration of the evidence presented at the public hearing, and after thorough review of the plans and petition submitted, makes the following findings: 1 2 1. Special conditions and circumstances exist affecting the parcel or building, which do not generally affect other land or buildings in the same district; the house is large, and its use as a single-family home causes a financial hardship to the appellant. 2. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the zoning ordinance, since a two-family house is in keeping with the neighborhood. 3. In permitting such change, the Board of Appeals requires certain appropriate conditions and safeguards as noted below. On the basis of the above findings of fact and all evidence presented at the public hearing including, but not limited to, the Plans, Documents and testimony, the Zoning Board of Appeals concludes: 1. Variances from Sections 5.1 (Off-Street Parking) and 4.1 of the Salem Zoning Ordinance are granted to allow for use of the property as a two- family home. In consideration of the above, the Salem Board of Appeals voted, four (4) in favor (Curran, Metsch, Dionne and Belair) and none (0) opposed,to grant petitioner's request for Variances subject to the following terms, conditions, and safeguards: 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5: A Certificate of Occupancy is to be obtained. 6.., Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 7. Petitioner is to provide two permanent, year-round, unobstructed off- street parking spaces. 3 8. Petitioner is to gate the section of fence obstructing the driveway to allow free access to the parking spaces. Rebecca Curran, Chair Salem Board of Appeals 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 of filing of this decision in the office of the City Clerk. Pursuant to the 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 has been filed with the Essex South Registry of Deeds. October 10,2011 Members of the Board, This letter is in regard to the petition of Lawrence Gallagher, 11 Dearborn Street,to convert his one family home into a two family. It is signed by people who have been neighbors for many years. There will be no physical change to the outside of the home. The following undersigned have no objection to making the change of 11 Dearborn Street a two family home. Respectfully, NAME ADDRESS�J� f K' .k s oo. CITY OF SALEM PUBLIC PROPERTY DEPARTMENT . KIAl11HR1.EY DRISCOLL b(AYOit 120 WASHING"ION STRLL'r♦ SALLA,,MASSACIi USH'rrS 01970 �y 'I est:978-745-9595 ♦ F,vx:978-740-9846 6JV August 25, 2010 Mrs. Cecelia Gallagher 11 Dearborn Street Salem, Ma 01970 RE: 11 DearbornStreet Conversion to 2 family dwelling Dear Mrs. Gallagher Your property is zoned where 2 family dwellings are an allowed use but your lot size is insufficient for conversion "by right". You will need relief from the Zoning Board of appeals in order to legally convert the house to a 2 family dwelling. There may also be required renovations within the building to meet applicable Building Codes. I am enclosing the application for the Zoning variance. You will need an Architect to prepare plans describing the proposed changes to your house or to provide me with a letter saying the existing layout meets code. The Architect could also help you prepare the application for a Zoning Variance. i Sincerely, Thomas McGrath Assistant Building Inspector 0. �g L CITY OF SALEM, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 „ MAYOR FAX: 978-740-9846 I? 01 August 11, 2005 Mr. & Mrs. Lawrence Gallagher 11 Dearborn Street Salem, MA 01970 Dear Mr. & Mrs. Gallagher; This letter is to inform you that an Inspector from this office has viewed the recent work that was required on this property so as to bring it into compliance with the allowable use. Based on this visit, we find that this property is now in compliance with the allowed use as a Single Family structure. Thank you for your efforts to comply with this order, and please call us if we can be of any further assistance to you. Sincerely, o ph E. Barbeau, Jr. Assistant Building Inspector CC: file e i f: 1 CHRIS DRUCAS ATTORNEY AT LAW SUITE ONE 319 DERBY STREET SALEM,MASSACHUSETTS 01970 TELEPHONE(978)741-7400 FACSIMILE(978)740-9692 EMAIL cdatlaw0verizon.net June 28, 2005 Mr. Thomas St. Pierre, Building Commissioner City of Salem 120 Washington Street Salem, MA 01970 RE: l 1 Dearborn Street, Salem, Massachusetts Dear Mr. St. Pierre: Please be advised that today an agreement was reached with the tenants on the second floor of the premises located at, 11 Dearborn Street, Salem, Massachusetts, such that they will vacate the premises on or before July 8, 2005. Accordingly, my clients will disassemble the second floor apartment shortly thereafter. They will be contacting you to confirm these arrangements, and to establish a time table for completing the work and having your office inspect the property. In checking the records at court, I determined that you allowed the matter to be dismissed on June 20, 2005, based upon the efforts my client has made to date. I have explained to my clients that although this matter was dismissed, you could reapply at any time, and in fact will do so, should they not perform as is expected. I thank you for your patience and willingness to work with us on this issue. I believe that my clients will faithfully and fully perform and that you will be hearing form them shortly. Sincerely, Chris Drucas CD: tiv cc: client 3 �ooNo1 CITY OF SALEM9 MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR �9Fc�M1Ne mit SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 November 14, 2003 Lawrence Gallagher 11 Dearborn Street Salem, Ma. 01970 Dear Owner: This Department has again received a complaint that the illegal basement apartment is again occupied. Under Massachusetts Law 780 CMR, Section 106-4 you are required to contact this office to arrange an inspection of this unit within 15 days upon receipt of this letter. Sincerely, ���i r) ✓A'Ll��j Thomas St., Terre Acting Building Commissioner cc: Tom Phillbin Councillor Bencal 4 - Cecelia and Lawrence Gallagher I I Dearborn Street Salem, Massachusetts 01970 December 7, 2001 Dear Karen, We are sorry to inform you that the Building Inspector, Thomas St. Pierre, will no longer allow us to rent the basement apartment. It's with much regret, therefore, that we must ask you to vacate the apartment as soon as possible. Please let us know if we can be of any assistance to you in making this move. Sincerely, Cecelia and Lawrence Gallagher cc. Thomas S. Pierre Counselor S. Hayes ,l .co CITY OF SALEM9 MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR SALEM, MA 01970 9q� TEL. (978) 745-9595 EXT. 380 FAX (978) 740-9846 STANLEY J. USOVICZ, JR. PETER STROUT, DIRECTOR OF PUBLIC PROPERTY MAYOR d y October 29, 2001 Lawrence Gallagher 11 Dearborn Street Salem, Ma. 01970 Dear Owner: This department has received a complaint that you have a basement apartment at the above-mentioned address. Under Massachusetts Law 143-780 CMR, Section 106.4 you are required to contact this office to arrange an inspection of the basement within 15 days upon receipt of this letter. Thank you in advance for your anticipated cooperation in this matter. Sin errJely, / Thomas St. Pierre Local Building Inspector cc: Mayors Office Fire Prevention Councillor Hayes k r