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1 HARRISON AVENUE - ZBA y � Legal Notice CITY OF SALEM BOARD OF APPEAL Will hold a public hearing for all persons interested in the petftion sub- ' miffed by HABITAT FOR HUMANITY seeking relief from off street parking regulations and's Variance from den- sity requirements to'allow an exist- Ing building to be converted to two dwelling units for property located at 1 _ HARRISON AVENUE R-3.Said hear- ing will be held on WEDNESDAY, APRIL 18,2007,6.30 p.m...3rd floor, - 120 WASHINGTON STREET 3rd floor,Room 313. Nina Cohen,Chairman SN-4/5,4111/07 , i May 24, 2007 Decision N r' Petition of Habitat for Humanity Requesting a Variance for the Property at 1 Harrison Avenue r City of Salem Zoning Board of Appeals A public hearing on the above petition was opened on April 18, 2007 pursuant to Massachusetts General Laws Ch. 40A, Sec. 11. The following members of the Salem Zoning Board of Appeals("Zoning Board of Appeals") were present: Bonnie Belair,- m T Elizabeth Debski, Richard Dionne, Annie Harris and Robin Stein. Chairwoman Ninvo v Cohen recused herself from the above referenced petition citing a potential conflict of interest. Ms. Stein made a public disclosure that she does not have a potential conflict of interest, but has volunteered for Habitat for Humanity projects unrelated to the proposed project at 1 Harrison Avenue. The petitioner, Habitat for Humanity("petitioner"), sought a variance from parking requirements and density requirements for real property located at 1 Harrison Avenue, Salem, located within a three-family residential(R-3) zoning district. The Zoning Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after though review of the petition submitted, submits the following findings of fact: 1. Petitioner's property is located within a three-family residence district, and currently consists of a basement and one story. 2. Petitioner proposes to convert the property at I Harrison Avenue to a two-family residence, in which both dwelling units will be owner occupied. 3. Petitioner sought a variance to reduce the minimum parking space requirement of 1.5 spaces per dwelling unit under the existing zoning ordinance to 1 space per dwelling unit. 4. Petitioner also sought a variance from the minimum density requirements of 3,500 square feet per dwelling unit under the existing zoning ordinance to 1,300 square feet per dwelling unit. 5. J. Michael Sullivan, architect for the Habitat for Humanity, explained that one dwelling unit would consist of three (3) bedrooms, while the other dwelling unit would consist of four (4) bedrooms. 6. warren C. Sawyer was also present on behalf of Habitat for Humanity. r 7. Mike Whalen of Salem Harbor CDC, Lucy Corchado (Ward One Councillor) and Roberta Hussey (8 Crombie Street, Salem, MA), spoke in favor of the petition. 8. Councillor Corchado also read a letter into the record on behalf of Altagracia Gomez, President of the Point Neighborhood Association, in support of the petition. 9. Previously granted zoning relief permitted the property to be used as a community center. On the basis of the above findings of fact, including all evidence presented at the public hearing, including,but not limited to the Petition, the Zoning Board of Appeals concludes as follows: 1. The petitioner's request for a variance does not constitute substantial detriment to the public good, nor does the requested relief nullify or substantially derogate from the intent or purpose of the zoning ordinance. 2. A literal enforcement of the zoning ordinance would create a substantial hardship to the petitioner. 3. The proposed use presents a significantly less intense use of the property than a community center and benefits the public by adding two additional affordable ownership units to the neighborhood. 4. In permitting such change, the Zoning Board of Appeals requires certain appropriate conditions and safeguards as noted below. In consideration of the above, five (5) members (Belair, Debski, Dionne, Harris and Stein) of the Salem Zoning Board of Appeals voted to grant the petitioner's request for a variance, and zero (0) members voted to deny the petitioner's request for a variance, subject to the following terms, conditions, and safeguards: 1. Petitioner shall comply with all City and State statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted and approved by the Building Commissioner. 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 shall be obtained. 6. Petitioner shall obtain proper street numbering from the City of Salem's Assessors Office and shall display said number as to be visible from the street. 7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to the Planning Board. 8. Unless this decision expressly provides otherwise, any zoning relief granted does not authorize Petitioner to demolish or reconstruct any stmctures(s) on the property to an extent greater than 50% of the structure as measured by floor area or replacement cost. If a structure on the property is demolished by any means to an extent of more than fifty percent of its replacement cost or more than fifty percent of its floor area at the time of destruction, it shall not be reconstructed except in conformity with this Ordinance. aa- Elizabeth Debski I Salem Zoning Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH 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 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.