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28 1/2 GROVE STREET - ZBA 2g Y2 (+ji7V2 SI IlAllee S -CQ CrI'Y OF SALEM MASSACHUSETTS BOARD OF APPEAL r r.' info NOV -IJ P 2. 05 �,. 12D WnswricmN 5[nrer*SAERK Mnssna�userrs �97 1mE 978-745-9595♦FAs:97gD19✓ ERK t$ALEM. MASS. KIAm:Fm EY Dwscou. MAYOR November 3,2008 Decision Petition of Mike Becker,d/b/A Atlantic Coast Homes,LLC,appealing Building Inspector's decision that property is a two-family dwelling not a three-family dwelling for property located at 28`h Grove Street,Salem MA A public hearing on the above petition was opened on October 15, 2008 pursuant to Massachusetts General Law Ch. 40A,Sec. 11. The following Zoning Board members were present: Robin Stein, Elizabeth Debski,Rebecca Curran,Richard Dionne,and Annie Harris. The petitioner,Mike Becker, sought a reversal of the Building Inspector's decision that the subject property is a two-family dwelling for the property located at 28 %2 Grove Street,Salem, in the Residential One Family(RI)zoning district. Statement of Facts 1. The subject property is within the Residential One Family(RI)zoning district. 2. The petitioner is requesting reversal of the Building Inspector's decision that subject property is a two family not a three family. 3. During the hearing,Mr. Laurent Ouellete,a resident of 18 Grove Street, Salem, submitted a letter supporting the Building Inspector's initial denial. 4. Salem Zoning Ordinance came into effect August 27, 1965 5. Phillip J. Bonn,resident of 28 Grove Street,wrote letter to the Board in support of the petition. On the basis of the above findings of fact and all evidence presented at the public hearing, including, but not limited to, the Petition,the Zoning Board of Appeals concludes as follows: 1. The subject property at the time of the adoption of the Zoning Ordinance in Salem was a three-family dwelling. 1 The Salem Board of Appeals voted four(4)in favor(Stein,Curran,Debski, and Dionne)and one (1)opposed(Harris)to approve the petition to overturn the Building Inspector's decision that the subject property located at 28 '/:Grove Street is a two-family dwelling based on the Board's determination that the subject property at the time of the adoption of the Zoning Ordinance in Salem was a three-family dwelling. Robin Stein Salem Zoning Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CTPY 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 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 and 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. Sally Murtaqh From: P. Bond [bondp07@yahoo.com] Sent: Monday, October 13, 2008 11:25 AM To: Sally Murtagh Subject: Fw: Re: Board of Appeals - 28 1/2 Grove Street Ms. Murtagh, Thank you for speaking to me on Friday and allowing me to email some comments regarding the upcoming hearing/petition to the board of appeals regarding 28 112 Grove Street/Atlantic Coast Homes, LLC. I believe the hearing is scheduled for Wednesday, October 15. I reside at 28 Grove Street with my wife and family and have lived there for the past 2 years. We are the only direct abutter to 28 1/2 Grove Street. We do have some concerns regarding this petition as follows: - I believe the owner, who does not reside in this building, wishes to convert this to a three family dwelling by adding a secondary means of egress off of the second floor. We are concerned about the noise this will cause as the new door, exterior landing and stairwell off the second level will be directly across from our bedrooms and approximately 30 feet away. - We are also concerned of the path of egress from the building should this new door be added. The path of travel to the side of the building where our driveway abuts28 1/2 Grove Street is only 18 inches. - — - We also have a concern regarding the parking required for a 3 family dwelling in this neighborhood. The owner of the property has done a very nice job of fixing up the building and has been a good neighbor since purchasing the property. Should his petition appealing the Building Inspectors decision be granted we would request that it stipulates the smallest exterior landing possible and that the stairwell be for egress only, no furniture or BBQ Grills . We also would request that the path of egress should be stipulated to go out and around the side of the building which does not abut our property. Sincerely, Philip J. Bond 28 Grove Street 978-740-3024 (H) 617-799-8358 (C) 1