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20 HIGHLAND AVENUE - ZBA 20 Highland Ave. R-3 Paul M. Claveau / G� cam. (9itV of Salem, Aassar4usetts =aq / F S = 3 r F-ilf;7 PIIMfa of �TJpeal ' rfTY S S. DECISION ON THE PETITION OF PAUL M. CLAVEAU FOR VARIANCE AT -20 HIGHLAND AVE. (R-3) A hearing on this petition was held February 22, 1989 with the following Board Members present: James M. Fleming, Chairman; Richard Bencal, Vice Chairman; Edward Luzinski, Associate Members Labrecque and Dore. 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, owner of the property, is seeking variances from density and parking to allow a two family dwelling to be converted to a three family in this R-3 Zone. The Variance which have been requested may be granted upon a finding of the Board that: a. special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings and structures in the same district; b. literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner; c. desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. 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 . No support or opposition was voiced for the plan; 2. Petitioner has owned the property for approximately six (6) years and said property had been owned by his family prior to that time; 3. Parking may be provided on a lot in close proximity; 4. No exterior changes are planned; 5. The are in question is zoned for three family use. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1 . Special conditions exist which especially affect the subject property but not the district generally; 2. Literal enforcement of the ordinance would work a substantial hardship on the petitioner; 3. The relief requested can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. DECISION ON THE PETITION OF PAUL M. CLAVEAU FOR A VARIANCE AT 20 HIGHLAND AVE. , SALEM page two Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief requested, subject to the following conditions: 1 . The use of a three family shall be valid only as long as the property remains owner occupied; 2. A certificate of occupancy for the third unit be obtained; 3. All construction be done as per all existing city and state building codes; 4. Petitioner must meet all requirements of the Salem Fire Dept. relative to smoke and fire safety; 5. No exterior changes shall be made to the building with regards to this petition; 6. Petitioner must maintain six (6) legal parking spaces at the lot shown as 24 Highland Ave. on the plans. Should 24 Highland Ave. cease to be in common ownership with the lot 20 Highland Ave. the variance for a three (3) family shall cease and the property at #20 Highland Ave. shall revert back to a two (2) family dwelling. VARIANCE GRANTED Richard A. Bencal, Vice Chairman 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 ia'. ?. GENERAL LAWS. CHAPTER 803, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF OF T41S DECIS;ON IN THE '.7FF!GE CF THE CITY CLERK. Fu nSG.C'I TJ I:f:.3S. .^;.:d'=R;1L L:,'i,'S. CHAPTER 808, SECTION 11, THE VARIANCE OR SPIC!-" P.-"!T cr 4'GED HERE;'!. SHALL W,; TA'.E EFFECT UNTIL A COPY OF THE DEC!3!0:i, T':` FaATICN CF THE C''d1Y CLERK THAT 20 DAYSHAVEELAPSED ANO NO A?PEAL HAS TH" °' 3. SR N"AT, IF SUCH AN APPEAL HAS UFEN FILE, THAT IF HAS BEEN D!S:.Ii`ED OR RECORDED II! THE SGUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF RECORD OR IS RECORDED AND NUTED ON THE 04NER'S CERTIFICATE OF TITLE. BOARD OF APPEAL M APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . . u (gifu of %JgM, c4Rtt99=4USpjfg TO THE BOARD OF APPEALS: -he Undersigned represent that he is are the owners of a certain Darcel of land to a at NO. .20. f�gbland .Ave . . . . . . . . . . . . . * * ' . . . . . . . . . . . . . .Street; Zoning District.-. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : and said parcei is affected by Section(s ) . . . . . . . . . . . . . . . . of the Massachusetts State Building Code. Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A. 1 of the Zoning Ordinance. yes. _T_ 7N� jND Y25l6'/U' D AUC i11, C' f� U /} I1I (ZE6'vEb'T��t � ;} Ul� l?i9rvG a rCAwSL 7 //f- 1�R6 ?ete ? N c uC_S7ioiv 0 (ES' n ar �� CivTAIP1 `TJ-/6 -D)-c"5 ; T7 G PILL Pt2 tu !.i 1T>t_�_ I— f/ L,A tti CM A 0-6' UJEfZC167v 'r2.QM -iq- 0 FRm� � '� S Am t1LSo Zf 6 7-J" A vflfz > >a0rucc I 2a -1 2�Pir'r � N Rv @j'Ticr:: DoE S n�oT G Y APner4t,S i3,rrC st T7l'c. 7 y Cc N-r41N TNg_ &; OO r v l= OFF Y7PeF_7- Ar K, 'xj6 The Application for Permit was denied by the Inspector of Buildings for the following reasons: T. the property does not contain the 7, 500 square feet of land area needed for the conversion from a two family unit to a three family unit. 2, The immediate property involved does not have off street parking for the prescribed number of parking spaces under the law. The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially dero- gating from the intent and purpose of the Zoning Ordinance and Building Code for the following reasons: 1 . The property in question at 20 Highland Ave. is currently a two family dwelling that lies within a Residential 3 loning. area. The conversion of this property to a three family unit would not require any structural changes to the existing building. It would. only utilize existing space on the third floor level. 2 . There is adequate parking for 6 to 8 motor vehicles on land owned by the applicant, which is located at 24 Highland Ave, which is one house lot removed from the property in question. � u L L I r1��Yn `� r Owner. . . . . . . . . . . . . . . . . . . . . . . . . . . o �w Address. . . c;)—0 L t C,H c.H .'.�?. . :9�'� . . . . .. �— w Telephone. . . . . . . . . . . - 3 `�G'. . . . . . :. . . . . . . . Q Petitioner. . . . . .`.) a.� . . . . . . S vi 8 0J� . . . 0 .3o f- U Address. . . . . . . . . . : . .tkl . . . .t�.5. .T Date. . January 24, 1 TT S Wt A3tiv+<_ Telephone. . . . . . . . . . . . . . . . . . . . . :� � . . . . � J By. . . . . c! . ."�. . . Three copies of the application must be filed with the Secretary of the Board of Appeals with a check, for advertising in the amount of. . . . . . . . . . . . . . . . . . . . . .. . . . four weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. NO- PFTI I ION 10 BOARD 01 UTF A IS 1 0(*,%1 ION � u PIA I I IONFR ... 7 u aClav ea — .....I...i--................ ADDRESS..., 2C- Highland . Ave . ........... Salem, Ia. 01970 ( ONDI I IONq ............... .......... ....... ...... ........................ ......................... ......- ...... ......... ............ .............. ........- ....... . .............. PETITION APPROVED.................... ❑ DENIT-D.-....... ............. .............................................. ......... FLov IZ k�C A 3RD F6&o r�_ owNc2 : P44eL rn. C'/,9veeK a � �J) Q, oc� tea_ 6/l � o ' � � � ` Io ' �( Id ' (� „ to x ► s SEN rR° 1Jf L� �7 � r� Cn I� o0o r- rj Nc2aV.Y—f- S� ArL Y\ a `a E w,TRnNGL 17 (o " X � � CARTER s TOWERS ENGINEERING CORP. ,7te�v�,e,, �ourwe,Land�� Joseph 0.Caner 7 6 FAIRVIEW AVENUE Proless,onal Engineer - 1 Registered Land Svveyor SWAMPSCOTT, MASS. 01907 r� 1 FtI•QR N4�ON Tel. 592.8386 AD,i(p�eol 44.1 LOT Z 3'397.' a.F A 7! LoT 3 I 9oza METAL 1 9 Z /-��i gGARAGE Q �' E%rbTNG - (�W ¢: In 'Z j =>wl:' .IN(, � pii a 1.1 ID in Z7z8• sem - r L " 2o z .t �3 p H IGHLA.ND /NVENUE M To the SA. cr^ S" /G \�RTGA�aE SURVEY and TTS TTLE lNx1R6R5 I hereby certify that I hat_examined SLALE: I"=ZQ' DATE' I I zI-86 / 7osaN cc; the premises and all easements, DAVID UTR HI encroachments and 1;0d�39s are No.;317.0 l located on the ground as shown. II �;OISTS"I i further ceaiiy thzt the timings shown ►\1 (2 1` f- % surS conformed to the zcning k=- of. AUT- 31�- C6r )JCC C` wf Crc5A-L-v!* tI, sr,`.zn cmnstructed. I further certi,y that this structure Ss M C II c.1 k ✓L 41 U e S FOP, (?FG 11S NoT bc&d in the established flood hazard ; 5T9 r- T— (�� kK. rivG I " - Jose p Carter RLS, #9381' R F 731 4/eY ro9 zo C IL ENGINEERING PERCOLATION TESTS SEWAGE DISPOSAL DESIGNS SURVEYINr' 10 S \ , Q S9 O O ` six N 0 9 b a n s � � 'a C N_ A v v /9a ° h3 0 Ut Gif 2 93 .4 �/ 22 61 fp %-� �— s ,Q f Ykx % eo-s . 14 a l R O T E q39-9 93 X07 0932 ` / N� 309'2 S CARTER & TOWERS ENGINEERING CORP. Joseph 0.Carter 6 FAIRVIEW AVENUE Professional Engineer p SWAMPSCOTT. MASS. 01907 Registered Land Surveyor _ NAaR�~ ..ro r4 Tel, 592-8386 44.1' 4 7- Lco-r 9oaa 912:, 5 2 i nQ k9el Li to z jIll I Q Z DwE�r-rNCa . d vp Wa f Lo-r• i p ILL a� s 93 5= — 42.r. H IGNLANO AVENUE To the SA�crh S` SAVINGS MoKTGAG�E SuRVE1' and TTS TnE I hereby certify that I have examined er the premises and all easements 'ScLALE: I"°ZQ' DATE: it -2i-86 7 VM jai encroachments and buiidings are a located an the ground as shown. II N 0.r ��5-�� �?i further certify thzi the hidings shown conformed to the zoning laws of. /l-rV ACCOM01)4T-L, `Jo-�>=M� Yrt: constructed. I further certify that tars structure (.0— r11 U rU2 u�C.t44 CCC, F6 rZ (j Fc �p 26� I s dor boated in the �132�'/r✓C,. estabiistmd flood hazard aer � Joseph D. Carter RLS. #930 REF 7314/84 F)l09 Zo CIVIL ENGINEERING PERCOLATION TESTS SEWAGE DISPOSAL DESIGNS SURVEYIN!' Lac, fZ IAC �v 3RD 'FLoo rZ # as /�/6f/Cfl ova qv�, vwticr� : PAuL M. C'19veer< SCALE— V4 — I � l� l}TE� I / a3 �£t� c �6 , 13t7 koo �- lo � (o Io , X ri YRoNf l � �7 � r� Ca foo N 2A�JC� I R�ATL q oZ © E N TRQ NL� i