34 PEABODY STREET - ZBA (� 34 Peabody St. R-3
Frederick D. Small
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DECISION ON THE PETITION OF FREDERICK D. SMALL FOR
VARIANCE AT 34 PEABODY ST. (R-3)
A hearing on this petition was originally held on August 20, 1986 and continued until
August 27, 1986 with the following Board Members present: Edward Luzinski, Vice
Chairman; Richard Bencal, Secretary; Peter Strout and Associate Member Peter Dore.
Petitioner, owner of the property, requests variances from minimum lot size, minimum
lot area per unit; maximum lot coverage, minimum front yard depth, minimum side yard
width, minimum rear yard depth, maximum building height and parking in order to
construct a four (4) story twenty four (24) unit apartment building in this R-3 zone.
The variances 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 petitioner; and
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 hearing the evidence and after viewing the plans presented
at the hearing, makes the following findings of fact:
1 . Both support and opposition was voiced at the original hearing;
2. The lot in question is 8,600 square feet, vacant and thus unique
to the district;
3. The addition of residential housing is beneficial to the City.
4. The majority of the buildings in this area are multi-family type.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
1 . Special conditions exist which affect this lot which do not general affect
the district;
2. Literal enforcement of the Ordinance would work a hardship upon petitioner;
n e ranted without substantial detriment to the public
3. The variances ca b g
good and without substantially derogating from the intent and purpose
of the Ordinance.
DECISION ON THE PETITION OF FREDERICK D. SMALL FOR
VARIANCES FOR 34 PEABODY ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the following
Variances subject to the conditions that follow the variances:
1 . Minimum lot size from 25,000 square feet to 8,600 square feet;
2. Lot area per dwelling unit from 3,500 sq.ft. to 358.3 sq. ft. ;
3. Maximum lot coverage of 35% to 95%;
4. From front yard depth of 15 ft. to 0 foot depth;
5• From side yard width of 20 ft. to 0 foot width;
6. From minimum rear yard depth of 30 ft. to 0 foot depth;
7. From maximum building height of 32' stories to 4 stories;
y
8. From minimum parking requirement fo 36 spaces to 31 spaces
maintained on site.
Conditions:
1 . Twenty four (24) apartment units can be built;
2. Thirty One (31 ) parking spaces must be maintained on site for
the sole use of the tenants at 34 Peabody St. ;
3. A legal building permit must be obtained;
4. A Certificate of Occupancy must be obtained;
5. Must comply with all fire codes,both local and state;
6. Must comply with all buildings codes, both local and state;
7. All aspects of the plan submitted must be adhered to.
VARIANCES GRANTED
ward A.A. B�ecretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FROM THIS DECISION. IF irNY, SHELL BE MADE PLIMANT TO SECT'ON 11 OF THE "%.`.S.
CER ERAL LA1,S, CI'4PTER ".,J. AND SWOL EE FILED WIT,:!'; ^O DAY'S ArIER THE DATE OF F._...,.
_ D= THIS DEM:: IN THE 0";i :E DF 1n__ CITY CLERK.
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OF RECORD"OR IS kw'ORCED AND fv uTEU O'ri TnE C,Yi it Ek'S CERTiFh' .E OF TITLE.
BOARD OF APPEAL
3
SALEM HARBOR COMMUNITY DEVELOPMENT CORPORATION
50 Leavitt Street P.O. Box 8
Salem, Massachusetts 01970 617-745-4961
August 21 , 1986
Salem Board of Appeal
One Salem Green
Salem, MA 01970
Dear Brenda:
I am writing to 'make the record clear on the proposed building at
30 Peabody Street that came before the Board of Appeal last night. The
Salem Harbor C.D.C. has taken no position on the proposed building by
Mr. Frederick Small. The organization neither favors nor opposes the
project as of the present time. Any individual is welcome to give his
or her opinion and that should be recorded as such.
Thank you for including this in the record, and we look forward to
working with you in the future on projects that benefit the people of
Salem.
Sincerely,
AJohnixson
Executive Director
r
a
17 Lemon Street
Salem, Massachusetts
August 21, 1986
James Hacker, Chairperson
Board of Appeals - City of Salem
One Salem Green
.Salem, MA 01970
Dear Mr. Hacker,
This letter is being sent to clarify the comments I made at the Board of
Appeals hearing. on August 20,1986. At that time I spoke in opposition to the
variance request ,of Mr. Small for the construction of a 24 unit housing complex
on Peabody Street in-'the Point .nighborhood of Salem. My concerns as stated
is the current high density in the area and lack of parking which would be made
worsebythis project.
When presenting my testimony, I identified myself as living on Lemon Street
in Salem and as a member of the board of directors of the Salem Harbor Community
Development Corporation (CDC) , an abutter to the proposed development. However,
I wish to go on record that at no time did I. indicate that I was speaking for
the Salem Harbor CDC. This ,identification was made only to demonstrate my
, individual concern and efforts for the welfare of the Point neighborhood and its
many low-income residents.
I hope that this letter will serve as notice that the Salem Harbor CDC has
not taken a position to oppose the variance and that Iamsorry if.my comments
were taken that way.
S inn'c e^re-ly`
- - Marc Potvin - - - -
cc: Kevin Sullivan, President
Salem Harbor CDC
s-
,.x
SALEM HARBOR COMMUNITY DEVELOPMENT CORPORATION
50 Leavitt Street P.O. Box 8
Salem, Massachusetts 01970 617-745-4961
August 21 , 1986
Salem Board of Appeal
One Salem Green
Salem, MA. 01970
Dear Brenda:
I am writing to make the record clear on the proposed building at
30 Peabody Street that came before the Board of Appeal last night. The
Salem Harbor C.D.C. has. taken no position on the proposed building by
Mr. Frederick Small. The organization neither favors nor opposes the
project as of the present time. Any individual is welcome to give his
or her opinion and that should be recorded as such.
Thank you for including this in the record, and we look forward to
working with you in the future on projects that benefit the people of
Salem.
Sincerely,
AJo hn Hixson
xecutive Director
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