28 EDEN STREET - ZBA a� F�.�. ��-.
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NDI moo rq,� CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET, 3Ro FLOOR
a ( Q SALEM, MASSACHUSETTS 01 970
TELEPHONE: 978-745-9595
FAX. 978-740-9846
KIMBERLEY DRISCOLL O
MAYOR
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Decision
City of Salem Zoning Board of Appeals
Petition of RENEWAL VENTURES, LLC requesting a Special Permit under Sec.
3.3.2 of the Salem Zoning Ordinance allow a change of nonconforming use by
addition of one (1) residential unit to an existing four(4) residential unit building,
and requesting Variances from lot area per dwelling unit and off-street parking
requirements, for the property located at 28 EDEN STREET (R-1).
A public hearing on the above Petition was opened on April 20,2011,pursuant to Mass
General Law Ch. 40A, S 11. The hearing was closed on that date with the following Zoning
Board of Appeals members present: Rebecca Curran,Elizabeth Debski,Richard Dionne,
Annie Hams,Jamie Metsch (who recused himself from the hearing),Jimmy Tsitsinos
(alternate) and Bonnie Belair(alternate).
Petitioner seeks a Special Permit pursuant to Section 3.3.2 and Variances under Sections
4.1.1 and 5.1 of the City of Salem Zoning Ordinances.
Statements of fact:
1. Attorney George Atkins represented the petitioner at the hearings.
2. In a petition date-stamped March 17, 2011, petitioner requested Variances from lot
area per dwelling unit and from off-street parking requirements, and a Special Permit
to change a nonconforming use,for a fifth unit in a nonconforming four-unit
building at 28 Eden Street.
3. At the April 20, 2011 hearing,six residents spoke in opposition to the proposal,
citing a lack of adequate parking and lack of space for snow removal in the
neighborhood.
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. Desirable relief may not be granted without substantial detriment to the
public good or without nullifying or substantially derogating from the intent
or purpose of the zoning ordinance, since the proposed plan would
J
2
legitimize a fifth unit in a building that lacks sufficient parking, and is located
in a neighborhood with significant parking deficiencies.
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. A Special Permit under Section 3.3.2 is denied.
2. Variances under Sections 4.1.1 and 5.1 are denied.
In consideration of the above,the Salem Board of Appeals voted, two (2) in favor (Belair
and Debski) and three (3) opposed (Curran, Harris and Dionne),to grant petitioner's request
for a Special Permit and Variances. The petition is denied.
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.
N EDEN STREET
Granite Curb is
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Bit. Conc. Walk
,Pe - S87'41'24"W 50.00'
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/ Porch
4.9
Bit. ;onc. /
Pavement /
Bit.
/ / Conc.
/ / Pavement
#28
2X Sty. Dwelling /
Map 33 Lot 596 / Map 33 Lot 614
24 Eden St. / 24-26 Green St.
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REFERENCES. `r
1) Deed Book 9789 Page 8
2) Plan in Deed Bk. 754 Pg. 300
3) Plan Book 376 Plan 82
4) Plan Book 348 Plan 41 /
5) Plan Book 304 Plan 67 _mil 5 _ 8.4'
ZONING DISTRICT - R1 Porch
I
LEGEND Parking Map 33 Lot 595
1 5,000 sq.ft.
-0- UTILITY POLE W/LIGHT
CS CURB STOP 34.7'
C
TREE Parking Bit. Conc.
PROPERTY LINE 2 Pavement
— OHW— OVERHEAD WIRES
Parking
3
f N87' 1'09"E
bO.00'
1 CERTIFY THAT THE DWELLING SHOWN IS NOT Map 33 Lot 6 12 15 Messervy St.
LOCATED WITHIN A SPECIAL FLOOD HAZARD ZONE
PER COMMUNITY PANEL NUMBER 250102 0005 B PLOT PLAN
28 EDEN STREET
THE LOCATION OF THE DWELLING SHOWN HEREON SALEM, MASSACHUSETTS
EITHER WAS IN COMPLIANCE WITH THE LOCAL
ZONING BY-LAWS IN EFFECT WHEN CONSTRUCTED Prepared By
(WITH RESPECT TO SETBACK REQUIREMENTS ONLY), LeBlanc Survey Associates, Inc.
OR IS EXEMPT FROM VIOLATION ENFORCEMENT ACTION y
UNDER MASS G.L. TITLE VII CH. 40A, SECTION 7. 161 Holten Street
Danvers, MA 01923
.0 OF 4q (978) 774-6012
3' VERNON G
J.
December 17, 2010 Scale: 1 "=10'
LeBLANC
NO. 33600 HOR. SCALE IN FEET
��� 0 10 25 50'