12 OBER STREET - ZBA 12 OBER STREET
DONALD RING
IN
UPC 10330
No.153L
HASTINGS,NN
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` Legal Notice
CITY OF SALEM
BOARD OF APPEAL
745-9595 EXT.381
Will hold a public hearing for all
persons interested in the petition sub- -
nutted by DONALD KING requesting
LOBMR9�MEETR-2.Saidhearingtobe
ce from Table 1,Section 6 to
ruct a single family
for the property located at 12
REET R-2.Said hearingtobe
DNESDAY AUGUST 15,
:30 p.m., 120 WASHING-
EET 3RD FLOOR.Nina Cohen
Chairman
I
&�,oto,, (11it of nlem, aS53C11U6ettt1TY OF c
�nara n{ ppettl CLERK'S
'AM MA
2001 AUG 23 P 18
DECISION OF THE PETITION OF DONALD KING REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 12 OBER STREET R-1
A hearing on this petition was held August 15, 2001 with the following Board Members
present: Nina Cohen, Chairman, Richard Dionne, Stephen Harris and Nicholas Helides.
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.
The petitioner is requesting a Variance for relief from frontage, parking, lot area and
dimensional requirements to construct a single family for the property located at 12 Ober
Street located in and R-1 zone.
The Variances, which have been requested, may be granted upon a finding by this
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
structure involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
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 of 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. Petitioner's property on Ober Street consists of two lots. On one (Lot B) sits
petitioner's three-family house and garage. Petitioner seeks a variance to enable
him to build a single family residence on the adjacent lot, Lot A.
2. Petitioner submitted a plot plan showing Lots A and B, with a footprint of the
proposed house on Lot A. For Lot A, consisting of 5„472 sf, petitioner seeks relief
from frontage and lot area requirements.
3. Lot B consists of 4,870 sf. For Lot B, petitioner seeks relief from frontage and lot area
requirements. Because there is an existing garage within 5 ft. of the lot line and
parking for only 3 vehicles instead of the required 5, petitioner also seeks relief from
parking and side setback requirements for Lot B.
DECISION OF THE PETITION OF DONALD KING REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 12 OBER STREET
page two
4. Several neighbors and a relative spoke at the public meeting regarding the proposed
plan. Fred Lavorati, 23 Summit Street, Erin Kelly of 26 Summit St, and Dan Pierce of
Andrew Street spoke about their concerns with increasing density in this settled
residential neighborhood. Ward 4 City Councillor, Leonard O'Leary and Armand
Blanchette of 6 Summit St said that the proposed house would blend in and would
allow a local family to build a home and remain in the neighborhood. Arthur King of 7
Wall St. supported his nephew's plans.
On the basis of the above findings of fact, and on, the evidence presented at the
hearing, the Zoning Board of Appeal concludes as follows
1. Special conditions exist which especially affect the subject property but not the
district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
3. Desirable relief 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.
Therefore, the Zoning Board of Appeal voted 4-0, to grant the Variances requested,
subject to the following conditions;
1. Petitioner shall comply with all city and state statures, ordinances, codes and
regulations.
2. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
3. All construction shall be done as per the plans and dimensions submitted.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Petitioner shall obtain proper street numbering from the City of Salem Assessors
Office and shall display said number as to be visible from the street.
6. A Certificate of Occupancy shall be obtained.
7. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
Variance Granted
August 15, 2001 ! \ u ly,-(SC r)
Nina Cohen, Chairman
Board of Appeal
DECISION OF THE PETITION DONALD KING REQUESTING A VARIANCE FOR THE
PROPERTY LOCATED 12 OBER STREET
page three
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 after the
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
S4
o � 5C
ZONING DISTRICT
OBE } RESIDENCE R1
IC 5T. y' A V
ITEM REQUIRED LOT A LOT B
ti LOT AREA 15,000 SF. 5472± SF. # 4870± SF. #
[ o ; LOT COVERAGE 30 % 23± % 27± %
aNs.a SY. N LOT WIDTH 100 [FT. 74± FT. # 67± FT. #
BERUBE ST. FRONT YARD 15 FT. 15.5 FT. 0.2± FT.
I / SIDE YARD 10 FT. 11 FT. 2± FT. #
�u i-
�SN,II I l REAR YARD 30 FT. 30.5 FT. 5± FT.
J �` PK FD. # DENOTES VARIANCE REQUESTED
LOCUS PLAN
LOTS A & B AREA SUBDIVISION OF LOTS
45, 47 & 49 SHOWN ON PLAN RECORDED
IN BOOK 532 PAGE 300.
NOTES:
ASSESSORS lvfAP 15 PARCEL 143
rE--1 THOMAS E. & KERRY M. & ROBERT E. & RECORD 0WNER.'DONALD & NANCY KING
APPROVAL UNDER THE SUBDIVISION W LOUISE JOANNE M. FAY B. DEED REFERENCE.• BOOK 15157 PAGE 66
CONTROL LAW NOT REQUIRED W BURKE GREEN REE PLAN REFERENCE: BOOK 522 PAGE 300
SALEM PLANNING BOARD
L IR FD. N 44'39'26" E 145.40 IR FD.
77.76' I = 5±' 67.64'
2 1 I
LOT
OT B
a1GARAGE
4 3 4,870E SF.
3 1
a 3 W
100 o
;� �{� 1 3 JOHN J.
P C4 ox g � HUGHES
PROPOSED DWEWNG Ln o
Z N `r � 4 EXISTING N
DATE Z DWELLING
48' 11 — 2 4
16' No. 12
LOT A t
5,472E SF.
74.24' 67.64' j IP FD.
S 44'39'26" W 141.68
PROPOSED PARKING SUBDIVISION PLAN OF LAND
O BER STREET SPACES (TYPICAL) LOCATED 1N
SALEM , MASS .
PREPARED BY {
EASTERN LAND SURVEY ASSOCIATES, INC.
THIS PLAN IS BASED ON THE REFERENCED PLANS, DEEDS CHRISTOPHER R. MELLO, PLS
AND THE RESULTS OF A FIELD SURREY AS OF THIS DATE.
NO CERTIFICATION 1S INTENDED AS TO PROPERTY 7I7LE �,,!�H
OR AS TO THE EXISTENCE OF UNWRITTEN OR UNRECORDED ; .� qti 104 LOWELL ST. PEABODY, MA. 01960
EASEMENTS \ (978) 531 -8121
i
l HEREBY CERTIFY THIS PLAN CONFORMS f,4, 31'17vc)N SCALE: 1 " = 20' AUGUST 1 , 2000
TO THE RULES AND REGULATIONS OF THE �:•. ��;STF PREPARED FOR REV. OCT. 23, 2000
REGISTERS OF DEEDS OF THE COMMON— 'f
WEALTH OF MASSACHUSETTS. ^ DONALD & NANCY KING -
1
A:94
0 10 20 40 60 80
FOR REGISTRY USE ONLY F 11880