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29-29 1/2 GREEN STREET - ZBA 29-29 1/2 GREEN STREET (R-2) FREDERICK & PATRICIA ATKINS � CU CCU vV K3 v ) lQq a' 4 °� (situ ofttlPm, � ttssttClTusPtts -6onra of Ar peal`Q OCT 2q 3 25 Fr9 '95 r,;;,. _. a„ DECISION ON THE PETITION OF FREDERICK ATKINS S PATRICIA CONNOLLY ATKINS FOR A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 29-29 1/2 GREEN STREET (R-2) A hearing on this petition was held October 18, 1995 with the following Board Members present: Stephen Touchette, Chairman, Gary Barrett, Nina Cohen, Albert Hill, Associate Member Albert LeBrecque. 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 subdivide non conforming lots for the property located at 29-29 1/2 Green Street. (R-2) The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3(j ) , 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 Sections 8-6 and 9-4, 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 careful consideration of the evidence presented at the hearing and after viewing the plans, makes the following findings of fact: 1. Petitioners own two residences, a two-family dwelling and a three-family dwelling, at 29-29 1/2 Green Street. 2. Petitioners sought a Special Permit to allow subdivision of the existing nonconforming lot, notwithstanding the absence of sufficient lot area, lot width, front yard depth and side yard width to meet the requirements of the zoning code. DECISION OF THE PETITION OF FREDERICK .ATKINS h PATRICIA CONNOLLY ATKINS REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 19-29 1/2 GREEN STREET. (R-2) page two 3. -here was no opposition to the proposed special permit. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1. The Special Permit requested can be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the ordinance. 2. The granting of the Special Permit requested will promote the public health, safety, convenience and welfare of the City's inhabitants and may be granted in harmony with the neighborhood. Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the Special Permit requested, subject to the following conditions: 1 . Petitioner shall comply with all City and State statutes, ordinances, codes and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire safety are to be strictly adhered to. 3. A Certificate of Occupancy is to be obtained. L . Petitioner shall obtain proper street numbering from the City of Salem Assessors office and shall display said number so as to be visible from the street. 5. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. SPECIAL PERMIT GRANTED October 18, 1995 / tIe-� Nina Cohen Member, Board of Appeal o ti L �� N Ln Ll N Cell DECISION OF THE PETITIO'.- OF FREDERICK ATKINS & PATRICIA CONNOLLY ATKINS REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 29-29 1/2 GREEN STREET page three I _ 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 MGL Chapter LOA and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to MGL Chapter LOA, 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 or 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 L x _ {!� 2 G7 JUFAyETTG PLACE SALEM HARBOR y �PRACN sT Locus / \5 02-47-/3E -+ //O.00 — �MEJSERVGY Sr. 0 53.00 I 6700 \ 4 I // Q� /B• C. .I I w/«aw AV / REGISTRY USE LOCUS PLAN /' = 400 ' '9qq qj NOTES APPROIIAL UNDER SUBD/I//S/ON m Z)LOCUS /5 SHOWN ON ASSESSORS 'MAP 33, As CONTROL LAW-NOT REQU/REO h n �� LOT S7,t K V DEED RFl:ERENCE : CO s W � ,� W - ` 0 BOOK 66/B, PAGE 366 0 LOT A � L O O 4) PL A Al REFERENCE T B /0.599 S. F. //, 3 99 S.F. a,) RECARO eao/c /3371 PAGE / b.) PLAN NO. /2 OF /929 N h C) RECORD aooh, 754 PAGE -300 GRANTE R / ETA/A//nKr /yALG E� CHA/NLINK FENCE p!)P"Al BOOK 202, PLAN 79 SALEM PLANNING BOARD N C''I / HEREBY CERTIFY THAT TH/S PM' N CONFORM OATS S ��A �-� /1 7*0 77VE RIILBS AND REGULATIONS O.� THE REGr/STERS 50' "� ET Q EXISTING PA I/EMEN7' 3'v OF DEEDS, ai�ra� � � © 0 � �y PROPE.S.S/OVAL LAND S'URf/EYO.e e 1 r// ID <'i D J. K/NS •IR . DATE �� el COFRE FJ2/CK AT DETAIL �AIO SCALE) \ D (BOOK 66/B; PAGE 82) GSM OF M4 IC Ac s \ f m A .3 y .' 09 l/l VIO a 1 \ j n <No.34609„ p 0�, \EXIST/ G /1.6 2 CND p�P w \DWELLING \ v 5kB � N EX/ T/NG m PLAN OF LAND 0 o�P a \OWEf1/NG\ G/PEEN sT. , a9E .2 % I N or \RCH t x� I \\ SALEM MASS . - � . 382.6'4 5- �-- � 3.00 � 57.00 � , � NO2-47-/3W SCALE / ~ = 20 SEPTEMBER 261 /995 y COASTAL SURVEY 1h GREEN STREET (40 , WIDE) WADSWORTH VILLAGE 130 CENTRE ST. DA/AVERS, MASS . /V 02-.47-/3 W 456.24 v dh� y 0.0 X (508) 774 -9450 lt,rldl W tt PRESENT ON�NER FRL�oER/CK ATiClNS op Q l� t( ! i ■ ■ i ■ p_ 0 20 190 60 80 FT tXA/. S-270