63 PROCTOR STREET - ZBA (2) 763 Proctor St. (R-2)
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DECISION ON THE PETITION OF B & M REALTY FOR VARIANCES
FOR 63 PROCTOR ST. , SALEM Q'R 19 3
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A hearing on this petition was held April 16, 1986 with the Following
Members present: James Hacker, Chairman; Messrs. , Bencel, Charnas, Luzinski and
Strout. Notice of the hearing was sent to abutters and dN,_-rs, and notices of the
hearing were properly published in the Salem Evening Nevis in accor&mq;j .yith
Massachusetts General Laws Chapter 40A.
Petitioner, owner of the property, requests Variances from use, area, setbacks
and density in order to construct six two-bedroom condominium units in this
R-2 district.
The Variance which has 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 in-
volve 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 careful consideration of the evidence presented and
after viewing the plans, makes the following findings of fact:
1 . This petition was deemed substantially different from a petition
previously filed and denied by this Board on August 14, 1985 due
to the fact:
a. Petition is filed by current owner;
b. Petition has definite sideline and rear lines defined.
2. The Board of Appeal voted unanimously, 5-0, to re-hear this petition;
3. Councillor Grace appeared before the Board and stated that the Council
Order dated September 10, 1981 relative to no building permits being
issued for the area of Proctor/Pope Street does not apply to this
property but to the virgin property in the rear;
4. This proposal will substantially improve the area;
5• No opposition;
6. This plan will remove what is currently a fire and safety
hazard;
7. The ledge in the area makes this an appropriate use for the land.
DECISION ON THE PETITION OF B 8: M REALTY FOR
VARIANCES FOR 63 PROCTOR ST. , SALEM
page two
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 especially affect this property but do
not generally affect other lands, buildings and .structures in'the
same district;
2. Literal enforcement of the Zoning Ordinance would involve substantial
hardship to petitioner; and
3. The relief requested may be granted without substantial detriment to
the public good and without nullifying or substantially derogating fro:-:
the 'intent of the district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, .to grant the
relief requested, provided that:
1 . 'Plans for the proposed construction are presented to the Fire
Prevention Bureau, showing the type and location of automatic
smoke detectors to be installed, prior to the issuance of a
building permit;
2. The developer of such property obtain a proper numbering from the
City Assessor, and that compliance with the Salem City Ordinance
relative to house numbering be adhered to;
3. All Laws, Ordinance, and Regulations of both the Commonwealth
and the City of Salem, pertaining to fire safety, are adhered to;
4. A Certificate of Occupancy is obtained for each unit.
VARIANCE GRANTED
(il��n a� Z�/r✓
aures B. Hacker, Chairman
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 V..ASS. ..
GENERAL LA`3S. CHAPTER 803, AND SHALL BE_ FILED WITHIN 20 DAYS AFTER THE DATE OF RUING
- - OF THIS DECISION AN THE OFFICE OF THE CITY CLERK.
PURW',.' Ti' PASS. CE4FP•AL LA'.YS, CRAFTER. 808, S£CTNA 11, THE YA2IANCE OF SP5;1"-.L FERKIT
G'R�.iREII h.':@-CL SI:ALL Ni'. T.. EFFECT UNTIL A COP( OF THE O_i:i StO`:, Fir R+ :, THE
`RT-EF III'. ^.Iii CLER`', -J'A' 20 DAYS HAVE ELF.F 3E9 P,i�D N5 AFi':'::L FAG NL_D.
OR THA1, iF S'. APPE11 PAS BEE FILE, T6 .F IT
RECOcD;D iA idE SJUTH ESSEX RE:iSi!( CF DEEDS AND INDEXED Ln.E. 'r. n'E Or TnE
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
\iCITY F SALEM
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- -' Sept ID, 1981
In City Council,----- ==--- - ._.-• - - --
Ear 'ered:
That no building permits be issued_. for the area of Proctor/Pope Street for
any new residential =1struction until the flooding conditions on Pope Street
are solved - to rid the poor drainage which frequently arises.
Copies of this to be sent to the Director of public Services,. the Board
ofAnBuilding Inspector, planing Board, and conservation mission._
-----------------
In City Council Septenber 10, 1981
ABopted
Approved by the Mayor on
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zST: JOSF�I IIIL —
CITY CLERK
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UNIT AREA = 1090 sq.ft.
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SITE PLAN
SEPTEMBER 59 1985 SCALE 111=201
L - - - . Oft
ZONING REQUIREMENTS PROCTOR PLACE�'��
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REQUIRED PROVIDED VARIANCE SALEM
Min. Lot Area 15000 SF 14450 SF (EXISTING LOT)
Min. Lot Area per unit 7500 SF 2408 SFA PLANNED NEIGHBORHOOD DEVELOPMENT
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Min. Lot Width 100 FT 88 FT (EXISTING LOT) r
Max. coverage by all Bldgs. 35 oo 340 / DEVELOPER LAND PLANNER
Min.Yards: Front 15 FT 7 FT ,
Side 10 FT 5 FT PROCTOR PLACE REALTY
EASTERN LAND SURVEY ASSOC.II:NC.
Rear 30 FT 5 FT
INVESTMENT TRUST CHRTSTOPHER R.MELLO P.L.S.
Max. Height Bldgs. 35 FT 25 FT MELLO
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A. J. BOUFFARD , TRUSTEE : n "" <! 40 LOWELL STREET PEABODYIMASS.
Max. No.of Stories z , / 2 2
Min.Distance between Bldgs. 30 FT s FT E
Parking Spaces 9 13
Special Permit for 3 family attached dwellings ,.
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Paving closer than two ft. from lot line k
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