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35 PLEASANT STREET - ZBA �k - --- - - - - --- - - J 135 PLEASANT STREET - - � DEBORAH W ALLESSANDRO t b -a ciuusly. i Legal Notice e S CITY OF SALEM p BOARD OF APPEAL 145-9595 East.381 Will hold a public hearing for all 1i persons interested in the petition sub- mitted ubmitted by Deborah A.D'Allessandro requesting a Variance to allow the continuance of the three units as ] they presently exist for the property f located at 35 Pleasant Street. Said hearing to be held Wednesday, May 19, 1999 at 6:30 P.M., One Salem Green,2nd Floor. Nina Cohen, Chairman (5/5,12) w APPEAL CASE NO. . . . . . . . . . . . . . �j°Qw.,. 9 fllitg of Salem, fflttssarllusetts Paurb of 'AFFPttl TO THE BOARD OF APPEAL: The Undersigned represent that he/she is/are the owners of a certain parcel of land located at:. A3 Pleasant Street R-2 •• •• • - • • • • • • . . . .. .Street; Zoning District. . . ..... .... aad zsaXffizpal caoiaz8a27t �€ �.. .. . . ... . . ......... . . 23h�xlh�$ t Spa3RzBn33dia�c$So�e. Plans describing the work proposed have been submitted to the Inspector of Buildings in accordance with Section I% A.1 of the Zoning Ordinance. Direct Appeal CD Cn b r) -G Q fv tY lvt t ®r- � j u M3 LL rn. The Application for Permit was denied by the Inspector of Buildings for reasonthe following (sf. Direct Appeal The Undersigned hereby petitions the Board of Appeal 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 derogating from the intent and purpose of the Zoning Ordinance and Building Code for the follow- ing reasons: See Exhibit "A" Deborah A. D'Allessandro Owner............ .. .. ..... ............. . Address..iPleasant Street. Sal emJ�MA Telephone:�4 . •........... Joseph C. Correnti, Esquire PetitionerSerafini,• Serafinyi, Correrei, LLp April 29, 1999 Address. . .63 Fede ral, $txeet ,$��gin,,Mp•, . Date. . ....... . . ....... .. Telephjeecretary 78) 744-0ri�lJ ✓4` "{ / jam By... . s Three copies of the application must be filed with t of the Board of Appeal with a check, for advertising in the amount of $..IZfour weeks prior to the meeting of the Board of Appeal, Check payable to the Salem Evening News. Exhibit "A" The Petitioner is the owner of the property since June, 1997 . For at least ten (10) years prior to 1997, the property was used as a three unit building. During this time, it was assessed by the City of Salem as having three units, and it was listed for sale as containing three units when purchased by the Petitioner. The first unit contains eight rooms, four bedrooms and approximately 2,700 square feet of living space. This unit is the home of the Petitioner. Unit 2 is a three room, one bedroom apartment, and Unit 3 contains four rooms, with two bedrooms. When the Petitioner purchased the property, . their bank and bank counsel appraised and passed on the sale as containing three units. However, it has recently come to the Petitioner' s attention that the necessary permits for a third unit in this R-2 zone were never obtained by the previous owners. Thus, the Petitioners hereby request that a variance be granted so as to allow the continuance of the three units as they presently exist. MORTGAGE INSPECTION PLAN ' BOSTON 97-04701 SURVEY, INC. P.O. Box 220 Charlestown, MA 02129 (617)242-1313 MAIN (617)242-1616 FAX APPLICANT., DEBORAH A. DALESSANDRO LOCATION: 35 PLEASANT STREET DEED/CERT: 11807/21 CITY, STATE: SALEM, MA PLAN REF: ASS. j \ s PCH - \ 11 rcu w,\ \4 1 \\ rca I are" \ 1 at _.__._.. ....._ 77.0 PLEASANT STREET 1994(c)Boston Survey Software PREPARED: 06-13-1997 SCALE: 1 inch =20 feet CERTIFIED TO: FAIRFIELD MORTGAGE'CORPORATION ,SFT e The permanent structures are approximatelylocated on the v2 JOHN yup According to Federal Emergency Management Agency ground as shown. They either conformed to the setback maps, the major improvements on this property fall in an re(Itlll'0nellls Of the local Zoning ordinances in effect at R SSELL the time of construction, or are exempt from violation en- 8 1 m at a designated as Zone (� I'urcemem action under M.C,L. title VII. Chapter 40 A, `pdtU/(Community Panel No: "ZOO/OL ('CrJ/B Section 7, and that there are no encroachments of major !q @SSI �^e' Effective Dale: ..�-B�C- il"In-cnlents either way across property lines except as h'Og shown and noted hereon. NOTE:Zone C is areas of minimal flooding(no shading). This designation is not based on an elevation certificate. NOTE:This is not a boundary or title insurance survey.This plan was prepared in accordance Io procedural and technical standards for Mortgage Loan Inspections as adopted by the Massachusetts Board of Registration of professional engineers and land surveyors,250 CMR 6.05,and use for any other purpose is prohibited.This plan is not to be used for recording,preparing deed descriptions, or conshuction. Y f1lit of intem, �_fflttssarflAtg) 3 Pxiarb of cApprzil !97i w4 -2 p 12 DECISION ON THE PETITION OF DEBROAH D'ALLESSANDRO REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 35 PLEASANT STREET R-2 A hearing on this petition was held on May 19, 1999, with the following Board Members present: Nina Cohen, Chairman, Ronald Harrison, Stephen Buczko, Michael Ward and Richard Dionne. Notice of the hearing was sent to abutters and other and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. The petitioner requesting Variance to allow the continuance of the three units as they presently exist for the property located at 35 Pleasant Street. The Variance which has been requested may be granted upon a finding of the Board that: a. Special conditions and circumstances exit which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or 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. The petitioner sought a variance to allow the continued usage of the three units that presently exist at the property. The property has been used as a three family for over 10 years. 2. Joseph Correnti, of Serafini, Serafini, Darling & Correnti represented the petitioner, Deborah D'Allessandro, at the hearing. 3. The property is located in an R-2 District. 4. The petitioner purchased the property with the understanding that the property had three approved units. The property had been represented as a three-unit building by the former owner. The bank provided financing to the petitioners based on three units. 5: Ellen Dixey and David Dixey spoke in favor of the petition. DECISION OF THE PETITION OF DEBORAH D'ALLESSANDRO REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 35 PLEASANT STREET R-2 page two 6. Regina Flynn, Ward Councilor, was opposed to the petition, She voiced concern About allowing a three-unit building in a two-family neighborhood. She stated that The property would not be in harmony with the other properties in the neighborhood. 7. Alicia Hart, of 47 Washington Street, and Majorie Wilkenson, of 33 Pleasant St, sent In opposition of the proposed petition. Opposition centered on the very difficult on street parking conditions around the property and neighborhood density and congestion. 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 do not exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance woulj not result in unnecessary hardship to the petitioner. 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially hardship derogating from the intent of the district or purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted 3 in opposition and 2 in favor to brant the requested variances. Having failed to gamer the four affirmative votes requires to pass, the motion is defeated and the petition is denied. VARIANCE DENIED /�' ( � May 19, 1999 CS` Michael Ward, Member Board of Appeal DECISION OF THE PETITION OF DEBORAH D'ALLESSANDRO REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 35 PLEASANT 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 MGL 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 MGL Chapter 40A,.Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the Certification of the City Clerk that 20 days have passed and no appeal has been filed, or that, if such appeal has been filed, that it 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 owners Certificate of Title. Board of Appeal DATE OF HEARING S - 19 -99 PETITIONER 1 LOCATION 1 i'i0`I'ION: TO GRANT SECOND AIN1ENDMENT SECOND TO DENY SECOND TO RE-HEAR SECOND WITHDRAW SECOND CONTINUE SECOND ROLL CA"L"L PRESENT GRANT DENY � AMEND WITHDRAW RE-HEAR CONTINUE NINA V. COHEN- iICHAEL WARD RONALD HARRISON STEPHEN BUCZKO RICHARD DIONNE .SSOCLATE ME"t'BERS PAUL VALASKATGIS CONDITIONS: ! //�j� � 1 S L