19 GREEN STREET - ZBA (2) 11
19 Green St. R-2
David L'heureux
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onr� of �ppeal MAY
CITY C'
DECISION ON THE PETITION DAVID L'HEUREUX FOR A
SPECIAL PERMIT FOR 19 GREEN ST. , SALEM (R-2)
A hearing on this petition was held on April 25, 1984 with the following Board
Members present: James Hacker, Chairman; Messrs. , Hopper, Strout and Associate
Members Bencal and LaBrecque. 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 Special Permit to continue use of the property as a
three family dwelling in this R-2 district. Special Permit was granted .on June
8, 1982 allowing conversion to a three family on condition property remain owned
and occupied by petitioner. Petitioner now wants to sell property.
The provision of the Salem Zoning Ordinance which is applicable to this request
for a Special Permit is Section V B 10, which provides as follows:
Notwithstanding anything to the contrary appearing in this
Ordinance, the Board of Appeal may, in accordance with the
procedure and conditions set forth in Section VIII F and IX D,
grant Special Permits for alterations and reconstruction of
nonconforming structures, and for changes, enlargement, extension
or expansion of nonconforming lots, land, structures, and uses,
_ provided, however, that such change, extension, enlargement or
expansion shall not be substantially more detrimental than the
existing nonconforming use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests,
guided by the rule that a Special Permit request may be granted upon a finding
by the Board that the grant of the Special Permit will promote the public health,
safety, convenience and welfare of the City's inhabitants.
The Board of Appeal, after considering the evidence presented at the hearing
makes the following findings of fact:
1 . There was no neighborhood opposition to petitioner's proposal
On the basis of the above findings of fact and on .the evidence presented at
the public hearing, the Board of Appeal , concludes as follows:
1 . The proposed use will promote the public health, safety, convenience.
and welfare of the City's inhabitants;
2. The proposed use is in harmony with the City's Zoning Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously in favor of granting the
Special Permit to allow the property to be used as a three family dwelling on the
f following terms and conditions:
DECISION ON THE PETITIr1 OF DAVID LIHEUREUX FOR
A SPECIAL PERMIT FOR 1 ;REEK ST. , SALEM
page two
F •1 . Two parking spaces shall be maintained at the site,-
2. The use of the property is conditioned upon both the continued ownership
and occupancy of the new owner of the property. In the event that the
property is sold by the new owner, tor. Peter Harriss, the property shall
revert back to its prior use as a two family dwelling. Provided, however,
that nothing in this decision shall be interpreted to prevent a reapplicat'
to this Board by any subsequent owners.
///;o
; amJ es B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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'APPEAL FRO.'i TIPS OECISI^_"I. IF "I'i. SHALL BE I.A0- PURSUANT TO SECTION 17 OF THE MASS.
CEY.ERAL LRCS. C2i,;"+:' 'ol'-. A'ID Sn^-L B_ FILED t7liRlil 20 DAYS AFTER THE DATE OF FWiIS
_F T:{i5 DE'..ISti:i1 TEE 0 F!:- OF THE Ci—,e CLERK(.
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IF Si:::il l:.: AP?Ei., 'r.%S B'--EN. FILE. THAT IT hAS SEE'1 D!Sk;ISSEO OR GiED LS
REC:.RUEG I.'1 THE SCDTH ESSEX RE--,;S-Ry OF D°EUS AND INDEXED UNDER, THE i:A^..E OF THE V..,
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OF RECORD OR IS RECORDED AND MUTED ON THE OiiNER'S CERTIFICATE OF TITLE-
' BOARQ OF APPEAL -
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23uttrb of �ppwl '82 JUIN 15 A9 :2.1 � it
CITY CLE Rr'.,5 OFFICE
DECISION ON THE PETITION OF DAVID L'HEUREUX Sk=E`iir"• $
FOR A SPECI.IIL PERMIT FOR 19 GREEN STREET
A hearing on this petition was held on June 8, 1982 with the following
Board Members present: Douglas Hopper, Chairman; Messrs. Piemonte and
Feeherry and Associate Member 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 4OA.
The Petitioner has requested a Special Permit to convert the existing
attic in the structure on the site into a two room apartment, thereby
converting a two-family dwelling into a three-family. The property is in
a R-2 district. The Special Permit which has been requested may therefore
be granted upon a finding by the Board of Appeal, that the grant of the
Special Permit will promote the public health, safety, convenience and
welfare.
The Board of Appeal, after considering the evidence presented at the
hearing, and after viewing the property, makes the following findings of
fact:
1. The proposed addition of a two-room apartment at the site will
have a negligible impact on the area.
2. There are several three-family dwellings in the neighborhood.
3. There was no neighborhood opposition to Petitioner's proposal.
On the basis of the above findings of fact and on the evidence presented
at the public hearing, the Board of Appeal concluded unanimously that the
proposed use will promote the public health, safety, convenience, and
welfare and that the proposed use is in harmony with the City's Zoning
Ordinance. Accordingly, the Board voted unanimously in favor of granting a
Special Permit to the Petitioner.
The Special. Permit is therefore granted in accordance with the following
terms and conditions:
1. The Petitioner may convert the attic at the property to a two-room
apartment thereby converting this two-family dwelling into a
three-family dwelling.
2. All construction shakdLbe,ilL accordance with the plans submitted to
S' Ln L _ r r.. +/ Cr THE crass.
the Board. GENERALL^.:S t r-
OF THIOIhi�h 0. FILING
PU 1�i I- i' ':•r Y
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OR THAI, I $
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OF RECORD ORI n .,.�L OiiU r <J wl''i t' ':.'SER � di;Il L CF Iii'
ON ON THE PETrrtoN OF DAVID WIII
KE I I X
DECISI FOR 19 GRlA!:N STREET
FOR A SPECIAL PERMIT
Page Two
3. Petitioner shall maintain the two parking spaces at the site.
4. petitioner shall comply with all applicable fire safety codes.
5. Petitioner shall obtain a certificate of occupancy for the
property prior to renting the apartment in question.
6. The use of the property Is conditioned upon both the continued
ownership and occupancy of the property by the Petitioner. In the
event that the Petitioner ceases to own or occupy the property,
the property shall. revert back to its prior use as a two-family
dwelling. Provid2d, that iwthiLlg Lik this (ICCIniou
shall be interpreted to'lprevent a reapplication to this Board
in the event that Petitioner ceases to own or occupy the property.
thony M. Feeher y, Secre ary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE CITY CLERK AND PLANNING BOARD.
pCl��i�� ••.�.'.`.JIdMAe NVV,IVfSM9N.v� .N'WYJ..!L.��.)Z�.JFv•wY, n f'aA F• 14 i • .. v.. •Y�• .f ?•��t'{
CARTER, &.. TOWERS ENGINEERING CORP.
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Pro,r�son.9, F.ng,neer :t I r'.WVILW AVr1,1111
Reg,srere. ana Surveyor , SWAMPbCOTT, MASS 01907
Tel- 592-8386
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I hereby certify that I have examined
the prenvses dntl all I cments,
encruacl min's aid buildings are
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IocatcG on tr around as shown. I
further cat':ily iltat tine buildings shown
contonne: t,, t�1e tLlwng laws of
�r �qu of
when constructed.
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JOSrrN I further certify that this property
DAVID
L /yin- Lo 938located in the
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establ s ed flood hlzar a;ea r�
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Joseph D. Carter R.L.S. #9387.
CNIL INGINLLRING PLRCULAIIUN ILSTb SA.WAGL DIN'OSAL DLSIGW, ,,UkV1YIIJG
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Board of Appeal
'.City sof Salem
%tSalem, MA 01970
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To whom it may concern:
- § We , the undersigned neighbors and 'abutters of the property
Y owned by David L' heureux and located at 19 Green Street,
' Salem, have no objections to the continued use of that
property as a 3-family dwelling. We thezefore seek the
4 !support of the Salem Board of Appeals in granting to David
w L' heureux, and any subsequent owners of the property, a
continuance of the existing 3-family permit.
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�l�tf 0f 116 Vill, �is$ric�jltSct#91 Ni ill { r{.
f OFFICE OF THE INSPECTOR OF BUILDINGS
DATE.............Jl,2.L113.2._........_..
Certificate of Approval for Building Occupancy
THISSHALL CERTIFY THAT ...............D.......AVID........LIHE......UREUX..................................................................................
19 GREEN STREET
has permission to occupy premises at............ ................................. .......................................................
for .......APAMENT l ., ......................................... purposes, in accordance with the City of Salem
.........RT........ �
..., ........... ..Co:.. ..:..:`.L
Zoning Ordinance and Building de, providing that this use shall conform to the terms of the application on
file in this office, and to the provisions of the Statutes, and to the City Zoning Ordinance and City Building Code.
Any violation of any of the terms above noted is an immediate revocation of this certificate.
CIT-e,JNGINEER. WI R I NG I NSPECTO R PLUMBING INSPECTOR GAS INSPECTORFIRE DEPI. INSPECTOR
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Ro ilfy7action - ough Inspaction 4 Rough Inspoctidn Rough Inspect7on n gh Lnspecu 1
Fin ` n Final Ins action Final L�sPectlon nsPaetio
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_' INSPECTOR OF BUILDINGS
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premises. If the Buyer is not satisfied with the results osuch mspection, tnvs aKrUUILLVM 111"y
terminated without legal or equitable recourse to either party by the Buyer at his election, the parties >
thereby releasing each other from all liability under this Agreement, and the deposit shall be returned t-(
to the Buyer, provided,however,that the Buyer shall have notified the Seller and Broker(s), in writing,
on or before the expiration date herein specified of his intention to so terminate; failure to so notify will
not, excuse the Buyer from performance hereunder. In the event the Buyer does not elect to have such
inspection or to so terminate within ten (10) days the Seller and the Broker(s) are hereby released from
liability relating to defects in the premises which the Buyer or Buyer's consultant(s) could reasonably
have been expected to discover. r
The Buyer acknowledges that he has not relied upon any warranties or representations not incorporated >-
in this Agreement, except for the following additional warranties and representations, if any, made by
either the Seller or the Broker:
None
31. ADDITIONAL (If none, state"none"; if any listed,indicate by whom the warranty or representation was made.)
PROVISIONS This agreement is subject to the following: 1. Seller agrees
to give notice to third floor apartment tenant as soon as
buyer has obtained a firm mortgage commitment. 2. The second
floor available for showing until rented. 3. That 19 Green
St. is a legal three family. 4. Simmons Realtors
acknowledges that they waive $1, 500. 00 of the co-broke
commission.
_ \ r
Husband or Wife of Seller --SELLE /
Husband or Wife of Buyer BUYER
I have received a copy of the Purchase and Sale Agreement.
i
"This is a legally binding contract. If not understood, seek competent advice."
Received:
Incomplete copy _
BUYER Date SELLER Date
(\ BUYER Date SEL R / Date
Completed Copy BUYER Date SELLER Date
G,&13.0 R July 1981 _.—
Remsed"2 BUYER Date SELLER Date
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April 7 , 1984
Board of Appeal
City of Salem
Salem, MA 01970
To whom it may concern:
j, We, the undersigned neighbors and 'abutters of the property
=� ""-'owned by David L'heureux and located at 19 Green Street,
Salem, have no objections to the continued use of that
property as a 3-family dwelling. We thezefore seek the
support of the Salem Board of Appeals in granting to David
L'heureux, and any subsequent owners of the property, a
continuance of the existing 3-family permit.
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