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11 MASON STREET - ZBA n I I Legal Notice J . I CITY OF SALEM BOARD OF APPEAL a will hold a public hearing for all per- 'rr sons interested in the petition submit- 1 led by ATTORNEY DIANE McGLYNN seeking a Variance to'corrvert single- family dwelling to a two-family for the property located at 11,Mason Street B-1. Said hearing will be held on Wednesday, December 20, 2006, 6:30 p.m.,3rd floor, 120 Washington Street,Room 313. Dec.7&13,2006 Nina Cohen,Chairman i SN—12l7,12113/O6 b e r ONDIT CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 120 WASHINGTON STREET, 3Ro FLOOR SALEM, MASSACHUSETTS 01970 TELEPHONE: 978-745-9595 FAX: 978-740-9846 KIMBERLEY DRISCOLL �- MAYOR r January 9, 2007 - - Decision Petition of Luis and Maria Rosero requesting a Variance for the property at 11 Mason Street City of Salem Zoning Board of Appeals A public hearing on the above petition was opened on December 20, 2006 pursuant to Massachusetts General Law Ch. 40A, Sec. 11. The following Zoning Board members were present: Nina Cohen, Bonnie Belair, Steven Pinto,Elizabeth Debski and Robin Stein. The petitioners, Luis and Maria Rosero, sought a variance a Variance to convert a single- family dwelling to a two-family dwelling for the property located at 11 Mason Street, Salem, in the Business Neighborhood (B-1)zoning district. The Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the Petition submitted, makes the following findings of fact: 1. 11 Mason Street is located in the B-I zoning district. 2. The petitioner is requesting a variance to convert a single-family dwelling to a two-family dwelling. 3. The subject property is a duplex attached to 11 I/2 Mason Street, which structure petitioner indicates is used as a multi-family. (This decision makes no findings regarding the use of 11 I/z Mason Street). 4. A 1982 special permit allowed the subject property to be used as a two-family with the condition to the effect that the Special Permit for I Mason Street shall terminate if the property is no longer owner-occupied, or is transferred. The petitioner wants to resolve confusion created by this condition and now seeks a variance to convert the property into a legal two-family. 5. The current owners believed that they had purchased a legal two-family and have been using the property as such. 6. One member of the public spoke opposed to the petition. 7. One member of the public spoke in favor of the petition. 8. Granting the requested relief will not change the current actual use of the property. 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 to for a Variance does not constitute substantial detriment to the public good as the use of the dwelling is currently residential and an additional unit will not cause a substantial impact on the neighboring community. 2. The requested relief does not nullify or substantially derogate from the intent or purpose of the zoning ordinance as the nature of the Business Neighborhood District allows for a residential component in the Special Permit section and by its nature allows incorporation of residential uses with business uses. 3. A literal enforcement of the zoning ordinance would create a substantial hardship to the petitioner by unfairly restricting the usage of their property when multi-family uses are permitted in the district with a Special Permit. 4. In permitting such change, the Board of Appeals requires certain appropriate conditions and safeguards as noted below. In consideration of the above, the Salem Board of Appeals voted, four(4) in favor (Cohen, Pinto, Debski, Stein) and one (1) opposed (Belair), to grant the 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 to 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 a building permit prior to beginning any construction. 5. A Certificate of Occupancy is to be obtained. 6. Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall display said number so as to be visible from the street. =r . 7. Unless this decision expressly provides otherwise, any zoning relief granted does not empower or authorize Petitioner to demolish or reconstruct the structures(s) located on the subject property to an extent of more than fifty percent (50%) of its floor area or more than fifty percent (50%) of its replacement cost at the time of destruction. If the structure is demolished by any means to an extent of more than fifty percent (50%) of its replacement cost or more than fifty percent (50%) of its floor area at the time of destruction, it shall not be reconstructed except in conformity with the provisions of the Ordinance. 8. One of the two units at I I Mason Street shall remain owner occupied. Robin Stein Salem Zoning Board of Appeals 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 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.