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do Legal Notice
CITY OF SALEM
BOARD OF APPEAL
978-745-9595,Ext.381
Will hold a public hearing for all per-
sons interested in the petition submit-
ted by DAVID & PATRICIA KING
requesting a Variance from the number
of spaces required to convert the
property to a 2 family for the property
located at 118 NORTH STREET B-1.
Said healing to be held WEDNESDAY,
MAY 21, 20031, at 6:30 P.M., 120
WASHINGTON STREET,3rd FLOOR,
ROOM 313.
Nina Cohen,Chairman I
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CITY OF SALEM� MASSACHUSET �F v
BOARD OF APPEAL ALEM, MA
120 WASHINGTON STREET. 3RD FLOOR CLErin g UFFICE
Ih�' if SALEM. MA 01970
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Fax (978) 740-9846 10
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STANLEY J. USOVICZ. JR. L 20 P 2-- 48
MAYOR
DECISION ON THE PETITION OF DAVID AND PATRICIA KING REQUESTING A VARIANCE FROM
REQUIRED NUMBER OF PARKING SPACES TO CONVERT AN EXISTING SINGLE FAMILY RESIDENCE
INTO A TWO FAMILY RESIDENCE, FOR A PROPERTY LOCATED AT 118 NORTH STREET(B-1).
A hearing on this petition was held July 16, 2003 with the following Board Members present: Nina
Cohen, Chairwoman; Steve Harris; Nick Helides; Richard Dionne; and Associate Members Bonnie
Blair; and Joseph Barbeau. Notice of this 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, with an agreement to become the owner of the property, is requesting a Variance from
the required number of parking spaces so as to convert this single family residence into a two
family residence located at 118North Street. The property is located in an B-1 district.
The Variance which has been requested may be granted upon finding by this board that:
1. Special conditions and circumstances exist which especially affect the land, building, or
structure involved and which are not generally affecting other lands, buildings, or structures
involved.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial
hardship, financial or otherwise, to the petitioner.
3. 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, and after viewing the
plans, makes the following findings of fact:
1. This request had been first presented at the Zoning Board of Appeals Meeting of June 25,
2003, at which time this matter was continued until the July 16, 2003, so as to allow the Kings
address the following issues
A. Creation of a parking plan that was within the allowances as set forth in the Zoning Code,
paying attention in particular to land ownership as stated in Section 7-3(b).
B. Having said plan drawn up, snowing all affected structures, access, parking spaces, and
et lines.
?. FUrih E- c11scusslGn included cornrnents by the Board as to the ocricral congestion of this
neldhDorroco, and LhE propos EO Idss of green space.
3 At this meetinc Ward 6 Counselor Mike Bencal spoke in opposition of this plan, based on the
,s=-,.E_ Via'„ -;C a�iC G=' c5-1 J•', <=- =i E" caserne t, and uesc!rnei -rii, use ii, a commercial
r_c Sf�rjp,� MC DFrmOtt; 30 Dearbc'rr Street with Concerns about
_E C, ri 0_c;a0 r, ,i, Di'm _ cE
-c"_ '-cry. D1r. Rencel
ar,d `_cstirnin^ tre ,scue of 'narcchic whereas
DECISION ON THE PETITION OF DAVID AND PATRICIA KING REQUESTING A
VARIANCE FROM REQUIRED NUMBER OF PARKING SPACES TO CONVERT
AN EXISTING SINGLE FAMILY RESIDENCE INTO A TWO FAMILY FOR THE
PROPERTY LOCATED AT 118 NORTH STREET B1
pane two
6. At this meeting there was no other public comment.
7. Mr. King did object to the letter of Mr. Bencal on the following points; he had obtained an
agreement of easement form his direct abutter, James Moriarty, and said he had discussed this
with Mr. Bencal who then allegedly consented to the plan.
8. Mr. King also submitted a hand drawn plan as to the use of easement and parking layout.
This however was not a Certified Plot Plan.
9. Mr. King did submit a copy of an agreement to grant an easement signed by both himself and
Mr. Moriarty.
10. Discussion by the board considered the following points, lack of a Plot Plan, density,
congestion, in-adequate space for proposed number of spaces, in-adequate driveway size (street
opening). Also as pointed out by Building Commissioner Tom St. Pierre that as this residence is
situated in a B-1 zone, a variance is not required for the transition to a two- family, it only
becomes an issue when lack of parking is involved.
On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal
concludes as follows:
1. The Variance requested can not 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.
2. The granting of this Variance requested will not promote the public health, safety,
convenience, and welfare of the City's inhabitants and may not be granted in harmony with the
neighborhood.
Therefore, the Zoning Board of Appeal voted 2 for and 3 against to grant the Variance Requested;
as four votes in favor are required for the granting of a variance, consequently the request for
this variance has been denied.
Variance Denied
July 16, 2003
Decision written by:
A',=sociate Member, JosepF Eartea j
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CIITY 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 day
date 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 is has been dismissed or denied 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.
Board of Appeal
��ONyRyU,�fT,��Q
s �..... ` Councilor Airbad encal0 MINE��
P.O. Box 525
Salem, MA 01970
Tel/Fax 978.744.5946
26 June 2003
Ms. Nina Cohen, Chairperson
Zoning Board of appeal
City of Salem
Salem,MA 01970
RE: It 8 North St.
Dear Ms. Cohen;
Due to a previous commitment I will be unable to attend the Appeals Board
meeting on July 16,therefore I am writing you in opposition to the petition regarding the
above named property. The petitioner is requesting a variance from parking requirements,
in order to convert a single family home into a two family.
Congestion in this area is very problematic and is requiring me to look into
alternative parking solutions. In granting this petition,the Board would add to an already
overcrowded situation. In light of the petitioners easement offer, parking would simply be
robbed from Peter to pay Paul.
The petitioner has claimed that the house was a two family as late as 1956. We all
can agree that there were many actions taken at that time that would not pass muster
today. Additionally,the demographics and zoning laws of 1956 do not reflect those of
2003 and thus is claim is moot.
Finally,the petitioner has failed to demonstrate any hardship and has thus failed
to meet the threshold for granting of any relief. Therefore, I am requesting that the board
deny this petition.
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