60 PROCTOR STREET - ZBA (2) VOL-� , O�ksp
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coN,{D�lrq, CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
o-' 120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01 970
TELEPHONE: 978-745-9595
W� FAX: 978-740-9846
KIMBERLEYDRISCOLL � t1 31
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MAYOR ' O
March 31, 2010
Decision
City of Salem Zoning Board of Appeals
Petition of MAUREEN GOODRICH seeking Variances from minimum lot area, side yard
setback and frontage on 60 PROCTOR STREET, in order to move the property line
between 60 PROCTOR STREET and 58 PROCTOR STREET, Salem,MA (R-1).
A public hearing on the above Petition was opened on March 17, 2010 pursuant to Mass
General Law Ch. 40A, § 11. The hearing was closed on March 17, 2010 with the
following Zoning Board of Appeals members present: Robin Stein, Richard Dionne,
Bonnie Belair, and Beth Debski.
Petitioner seeks Variances pursuant to Section 4.1.1 of the City of Salem Zoning
Ordinances.
Statements of fact: F
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1. The petitioner and owner of 58 Proctor Street, Maureen Goodrich, represented
herself at the hearing.
2. 60 Proctor Street, the property in need of dimensional relief as a result of the
proposal, is owned by Brian Cohn, who provided his written consent for the
application.
3. 58 Proctor Street is the site of a single-family house, and 60 Proctor Street is the
site of a garage with an apartment above it.
4. In a petition dated February 9, 2010, petitioner requested Variances from lot area,
side yard setback, and frontage in order to move the lot line between 58 and 60
Proctor Street. No construction is proposed.
5. At the March 17, 2010 hearing, Tim Homan, speaking on behalf of Dorothy
Flynn, 10 Looney Avenue, and the Shea family of 12 Looney Avenue, spoke in
opposition to the request because of alleged building violations on the property at
60 Proctor Street.
The Board of Appeal, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the plans and petition submitted, makes the
following findings:
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1. Special conditions and circumstances exist affecting the parcel, which do
not generally affect other land in the same district, including a steep slope
between 58 and 60 Proctor Street.
2. Desirable relief may be granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent or
purpose of the zoning ordinance, as two lots are already nonconforming,
and the petition involves no construction and would not allow any new
construction by right.
3. The applicant may vary the terms of the Residential One-Family Zoning
District to change the placement of the lot line between 58 and 60 Proctor
Street as shown on the submitted plans; the petition is consistent with the
intent and purpose of the City of Salem Zoning Ordinance.
4. In permitting such change, the Board of Appeals requires certain
appropriate conditions and safeguards as noted below.
On the basis of the above findings of fact and all evidence presented at the public hearing
including, but not limited to, the Plans, Documents and testimony, the Zoning Board of
Appeals concludes:
1. Variances from lot area, side yard setback and frontage are granted to
allow for the movement of the lot line between 58 and 60 Proctor Street,
as shown on the submitted plans.
In consideration of the above, the Salem Board of Appeals voted, four(4) in favor (Stein,
Debski, Dionne and Belair) and none (0) opposed, to grant petitioner's requests for a
Variances subject to the following terms, conditions, and safeguards:
1. Petitioner shall comply with all city and state statutes, ordinances, codes
and regulations.
2. All constriction shall be done as per the plans and dimensions submitted
to and approved by the Building Commissioner.
3. Petitioner is to obtain approval from any City Board or Commission
having jurisdiction including, but not limited to the Planning Board.
Robin Stein, Chair
Salem Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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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 has
been filed with the Essex South Registry of Deeds.