FIRST STREET - ZBA FIRST STREET
-� SALEM HOUSING AUTHORITY
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Legal Notice
- CITY OF SALEM
BOARD OF APPEAL
745-9595,..Ext.381
•,Will hold a public hearing for all
,persons interested in the petition sub-
mitted .by SALEM HOUSING
AUTHORITY requesting Variances
from side and rear setback to construct
8 new homes for the property located
at 17-27 FIRST STREET r-3. Said
hearing to beheld WEDNESDAY,
NOVEMBER 18, 1998 AT 6:30 P.M.,
•.ONE SALEM GREEN,2nd floor.
Nina Cohen,Chairman '
(11/4,11)
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DECISION OF THE PETITION OF SALEM HOUSING AUTHORITY REQUESTING
A VARIANCE FOR THE PROPERTY LOCATED AT 17-27 FIRST STREET R-3
A hearing on this petition was held November 18, 1998 with the following
Board members present: Nina Cohen, Ronald Harrison, Richard Dionne, Michael
Ward and Stephen Buczko. 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 is requesting a Variance from side and rear setbacks to
construct 8 new homes for the property located at 17-27 First Street in a
R-3 Zone.
The Variance which has been requested may be granted upon a finding of this
board that:
1 . Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other land, buildings, or structures in the same district.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3 . Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1 . The petitioner, Salem Housing Authority, was represented by Mr. Bill
Hammer of HKT Architects, Inc. , designers of the project.
2 . The subject property, located at 17-27 First Street, is in a R-3
District and consists of 435 ,678 square feet.
3 . The petitioner seeks a variance from one side setback on each of the
eight lots to allow for 1010"instead of the required 2010' . Also, the
petitioner is requesting a variance from rear setbacks on lots 1,2,5 & 6
to allow for 20'0" instead of the required 3010" .
4 . The parcel is a large and difficult site consisting of almost solid
rock. The layout of the units is designed to take the best advantage of
the site and to minimize blasting.
5. The land leftover from the project, approximately six (6) acres, is to
be given back to the City as Conservation land.
6 . A letter in support of the project was submitted by Walter B. Power III
Chairman of the Planning Board.
7 . loan Lovely, Ward 2 Counselor, spoke in favor of the project.
8 . The project will afford low-income families an opportunity to purchase a
home.
9 . The homes design and construction will conform with the requirements of
HUD .
10. Abutters Frederick McDonald and Lawrence Vatcher spoke in opposition
to the project. Mr. McDonald was concerned with blasting that will
occur at the site and with stormwater and sewage drainage. Fir. Vatcher
was concerned with a decrease in property values of abutting
condominiums as a result of the project.
DECISION OF THE PETITION OF SALEM HOUSING AUTHORITY REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 17-27 FIRST STREET R-3
page two
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property
and not the district in general .
2 . Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
3. Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant
the variance requested, subject to the following conditions:
1 . Petitioner shall comply with all city and state statures , ordinances,
codes and regulations.
2 . All construction shall be done as per the plans and dimensions
submitted.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4 . Petitioner shall obtain building permit prior to beginning any
construction.
5. A Certificate of Occupancy is to be obtained.
6. Petitioner shall obtain proper street numbering from the City of Salem
Assessors office and shall display said numbers so as to be visible
from the street.
7. Petitioner is to obtain approval from any City Board of Commission
having jurisdiction including, but not limited to, the Planning Board
and Conservation Commission.
Variance Granted
November 18 , 1998 ^ti CS
Stephen Buczko, Member
Board of Appeal
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f DECISION OF THE PETITION OF SALEM HOUSING AUTHORITY REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 17-27 FIRST STREET R-3
page three
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 after the date of filing of this decision in the office of the City
Clerk. Pursuant to 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 certification of the City Clerk that 20
days have elapsed and no appeal has been filed, or that, if such appeal has
been filed, that it 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
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November 16, 1998
Nina Cohen, Chairman
Salem Zoning Board of Appeals
One Salem Green
Salem, MA 01970
RE: First Street Cluster Development
Dear Nina:
The Salem Housing Authority is before your Board on November 18, 1998 for several variances
for the proposed eight-lot cluster development on First Street. The applicant is requesting
variances for the rear and side yard setbacks.
The Planning Board would like to take this opportunity to express support of the project. The
Board has not yet made a final decision on the plans presented to it, but are in support of the
concept of a first time homebuyer project in the area.
Please contact Denise Sullivan in the Planning Department at 745-9595 if you need any
additional information pertaining to this project.
Sincerely,
Walter B. Power, III
Chairman