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Pourb of Appeal
September 14, 1992
NOTICE IS HEREBY GIVEN THAT AS OF SEPTEMBER 8, 1992 THE DECISION
OF THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE
CITY CLERK TO GRANT THE PETITION OF LEROY AND HILDA BRIGGS FOR A
VARIANCE TO ALLOW THE CONTINUED USE OF THE PROPERTY AT 18 SOUTH STREET
AS A TWO FAMILY DWELLING.
BOARD OF APPEAL
Brenda M. Sumrall
Clerk of the Board
Appeal from this decision, if any, shall be made pursuant to Section
17, of 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/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 elapsed
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 owner's Certificate of title.
Board of Appeal
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DECISION ON THE PETITION OF LEROY AND HILDA BRIGGS FOR VARIANCE AT 18 SOUTH
STREET (R-1)
A hearing on this petition was held August 26, 1992 with the following
Board Members present: Richard Bencal, Chairman; Richard Febonio, Francis
Grealish, Edward Luzinski and Associate Ronald Plante. 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.
Petitioners, owners of the property, are requesting variance to allow the
continued use of the property as a two family dwelling. The property is
located in a single family district.
The Variance which has been requested may be granted upon a finding by this
Board that:
1. Special gonditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other lands, buildings and structures involved.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. 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. A Variance allowing this property to be converted from a one to a two
family dwelling was granted by the Board of Appeal on June 20, 1979.
2. The above variance was conditioned upon continued ownership of the
petitioners and on the second unit being used by a blood relative.
3. This property has been owned by the Briggs family since is was built
over 100 years ago. The petitioners would like to retire and would like
to sell the property as a two family.
4. There was no opposition to petitioners request.
DECISION ON THE PETITION OF LEROY AND HILDA BRIGGS FOR
A VARIANCE AT 18 SOUTH STREET, SALEM
page two
5. A petition in favor was submitted by the petitioner's Attorney, Mr.
George Vallis, signed by 29 abutters and neighbors.
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 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 unanimously, 5-0, to grant the
variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statutes, ordinances,
codes and regulations.
2. Petitioner shall comply with all requirements of the Salem Fire
Department relative to smoke and fire safety.
3. Property is to remain owner occupied, should is cease to be an owner
occupied building, it will revert to single family status.
4. This decision supersedes previous decision of June 20, 1979.
VARIANCE GRANTED
August 26, 1992
Francis X. Grealish, Secretary
Board of Appeal
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DECISION ON THE PETITION OF LEROY AND HILDA BRIGGS
FOR VARIANCE AT 18 SOUTH STREET, SALEM
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 certification of the City Clerk that 20
days have elapsed 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 owner's Certificate of Title.
Board of Appeal
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DECISION ON THE PETITION OF LEROY AND HILDA BRIGGS FOR VARIANCE AT 18 SOUTH
STREET (R-1)
A hearing on this petition was held August 26, 1992 with the following
Board Members present: Richard Bencal, Chairman; Richard Febonio, Francis
Grealish, Edward Luzinski and Associate Ronald Plante. 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.
Petitioners, owners of the property, are requesting variance to allow the
continued use of the property as a two family dwelling. The property is
located in a single family district.
The Variance which has been requested may be granted upon a finding by this
Board that:
1 . 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 involved.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. 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 . A Variance allowing this property to be converted from a one to a two
family dwelling was granted by the Board of Appeal on June 20, 1979.
2. The above variance was conditioned upon continued ownership of the
petitioners and on the second unit being used by a blood relative.
3. This property has been owned by the Briggs family since is was built
over 100 years ago. The petitioners would like to retire and would like
to sell the property as a two family.
4. There was no opposition to petitioners request.
DECISION ON THE PETITION
OF LEROY AND HILDA BRIGGS FOR
A VARIANCE AT 18 SOUTH STREET, SALEM
page two
5. A petition in favor was submitted by the petitioner's Attorney, Mr.
George Vallis, signed by 29 abutters and neighbors.
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 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 unanimously, 5-0, to grant the
variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statutes, ordinances,
codes and regulations.
2. Petitioner shall comply with all requirements of the Salem Fire
Department relative to smoke and fire safety.
3 . Property is to remain owner occupied, should is cease to be an owner
occupied building, it will revert to single family status.
4. This decision supersedes previous decision of June 20, 1979.
VARIANCE GRANTED
August 26, 1992
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Francis X. Grealish, Secretary
Board of Appeal y rn
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DECISION ON THE PETITION OF LEROY AND HILDA BRIGGS
FOR VARIANCE AT 18 SOUTH STREET, SALEM
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 certification of the City Clerk that 20
days have elapsed 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 owner' s Certificate of Title.
Board of Appeal
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DECISION ON THE PETITION OF LEROY AND HILDA BRIGGS FOR VARIANCE AT 18 SOUTH
STREET (R-1)
A hearing on this petition was held August 26, 1992 with the following
Board Members present: Richard Bencal, Chairman; Richard Febonio, Francis
Grealish, Edward Luzinski and Associate Ronald Plante. 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.
Petitioners, owners of the property, are requesting variance to allow the
continued use of the property as a two family dwelling. The property is
located in a single family district.
The Variance which has been requested may be granted upon a finding by this
Board that:
1 . 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 involved.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. 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 . A Variance allowing this property to be converted from a one to a two
family dwelling was granted by the Board of Appeal on June 20, 1979.
2. The above variance was conditioned upon continued ownership of the
petitioners and on the second unit being used by a blood relative.
3. This property has been owned by the Briggs family since is was built
over 100 years ago. The petitioners would like to retire and would like
to sell the property as a two family.
4. There was no opposition to petitioners request.
DECISION ON THE PETITION OF LEROY AND HILDA BRIGGS FOR
A VARIANCE AT 18 SOUTH STREET, SALEM
page two
5. A petition in favor was submitted by the petitioner's Attorney, Mr.
George Vallis, signed by 29 abutters and neighbors.
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 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
'_ntent of the district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statutes, ordinances,
codes and regulations.
2. Petitioner shall comply with all requirements of the Salem Fire
Department relative to smoke and fire safety.
3 . Property is to remain owner occupied, should is cease to be an owner
occupied building, it will revert to single family status.
4 . This decision supersedes previous decision of June 20, 1979.
VARIANCE GRANTED
August 26, 1992
Francis X. Grealish, Secretary
Board of Appeal
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DECISION ON THE PETITION OF LEROY AND HILDA BRIGGS
FOR VARIANCE AT 18 SOUTH STREET, SALEM
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 certification of the City Clerk that 20
days have elapsed 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 owner's Certificate of Title.
Board of Appeal
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ATE OF :=EARIi;G
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°ETITIONER
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NOTION: 70 GRANT �Q GECOND
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TO DENY SECOND
TO RE-HEAR SECOND
:.SAVE TO WITHDRAW SECOND
70 CONTINUE SECOND
ROLL CALL PRESENT GRANT DENY WITHDRAW RE-HEAR CONTINUE
RICHARD BENCAL
CRICHARD FEBONIO /
FRANCIS GREALISH
EDWAAD LUZINSKI
ASSOCIATE MEMBERS
RONALD PLANTS C
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CONDITIONS: (� Co-
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BOARD OF APPEALS
PETITION
We, the undersigned, abutters and nearby homeowners to that certain
parcel of land located at 18 South Street , Salem, wish to be
recorded in favor of the granting of the Salem Board of Appeal of a
Variance sought by Leroy Briggs and Hilda Briggs , which hearing is
to be held on August 4Co, 1992 . The reasons for the petitioning of
said Variance have been fully explained to us and we are of the
opinion that the granting of said Variance will In no way be
detrimental to the public good and will not derogate from the Intent
of the Zoning Ordinance .
ti�n,S NAME ADDRESS
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BOARD OF APPEALS
PETITION
We, the undersigned , abutters and nearby homeowners to that certain
parcel of land located at 18 South Street , Salem, wish to be
recorded In favor of the granting of the Salem Board of Appeal of a
Variance sought by Leroy Briggs and Hilda Briggs , which hearing is
to be held on August ?_�>, 1992 . The reasons for the petitioning of
said Variance have been fully explained to us and we are of the
opinion that the granting of said Variance will In no way be
detrimental to the public good and will not derogate from the Intent
of the Zoning Ordinance.
NAME ADDRESS
J1e 1 v� 'V., �`'_` �/U /1/�Cl¢(1C
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MICHAEL E. O'BRIEN a a LEONARD F. FEMINO
CITY SOLICITOR - ASSISTANT CITY SOLICITOR
93 WASHINGTON STREET Rt°O1�'e'�' - 93 WASHINGTON STREET
and and
81 WASHINGTON STREET CITY OF SALEM ONE BROADWAY
SALEM, MA01970 MASSACHUSETTS BEVERLY, MA 01915
745-4311 745-4311
744-3363 921-1990
Please Reply to 81 Washington Street Please Reply to One Broadway
September 8, 1987
James B. Hacker, Chairman
Salem Board of Appeal
One Salem Green
Salem, Massachusetts 01970
Dear Mr. Hacker:
You have requested my opinion whether or not the Board of
Appeal may condition the grant of a variance on continued occu-
pancy of a particular property by the 1eagl owner thereof .
In an opinion dated August 10 , 1987, to a board member, Mr.
Fleming, it was my opinion that a variance may not be condition-
ed upon continued ownership of land or structures by a particu-
lar person. However, I can see of no restriction in G.L.c40A §10
which prevents the Board of Appeal from conditioning a variance
upon continued "owner occupancy" of a particular structure to
which the variance applies so long as it is not restricted to a
particular person.
I will make every effort to attend your September 16 , 1987
meeting to answer any questions you may have concerning the above.
However, I have a previous commitment in the early evening of the
16th and do not expect to arrive at your meeting until 10 :00 P.M.
Ve truly yours,
i
Michael E. O' Brien
City Solicitor
MEO/jp
cc: City Clerk
Building Inspector
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�T `� APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . .
(9i#u of �5aiEm, 'Mttssadjuspits
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TO THE BOARD OF APPEALS:
The Undersigned represent that they i:sx are the owners of a certain parcel of land located
at NO. . . .1S .south . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning District.R-1 . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : and said parcel is affected by �EObb0M* . . .ARTIQLF �I . . . .
xefy> �iy}1$hi7!] f$7fl14&7IX of;,Section 5.2 of the Salem Zoning Ordinance
Plans describing the work proposed, have been submitted to the Inspector of Eail'&Tngs in
accordance with Section IX A. 1 of the Zoning Ordinance.
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The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
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The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance x bt1ALRAkXA:Qx
> e as the enforcement of said
Zoning By-Laws )agA&wAjAjft@xkRAgxwouId involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially dero-
gating from the intent and purpose of the Zoning Ordinance 2tox for
the following reasons:
Petitioners were granted a variance June 20, 1979 to convert a single family house into
a two family dwelling and were further allowed a variance from the rear yard setback require-
ment from 30 feet to 25 feet. A copy of the said variance accompanies this Petition. A
condition was imposed as the granting of said variance which would cause the property to be
reverted back to single family use if the building was sold by the petitioners. Petitioners
wish to retire and sell the property as a two family dwelling. It is respectfully requested
that the variance be granted the condition that it bexxmd&b&ooBdo= Owner occupied. .
Owne r.Lerox.and.nilda.$riggS . . . . . . . . . . . . . . . .
Address. . .2S.eouth .street. .salem. . . . . . . . . . . .
Telephone. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .
Petitioner. . . . .$31Pe.AS .AbQY2 . . . . . . . . . . . . . . . .
}� ` / Add res . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Dat . . . � , . .i .yyf Tele h " . . . . . . . . . . . . . . . . . . . . . . . . . . .
U By.
eir A torney, George P. Vallis
Three copies of the application must be filed with t ecretary of the Board of
Appeals with a check, for advertising in the amount of. . . . .. . . . . . . .. . . . . . . . . . . . .
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
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a = SALEM. MASS. " "\
CL - SALEH. HA$S.
JUNE 20, 1979
DECISION ON PETITION OF LEROY & HILDA. BRIGGS, 10 SOUTH STREET (R-1 District)
A hearing on this Petition was held on June 20, 1979 with the following Board
Members present: James Boulger - Chairman; Arthur LaBrecque; Douglas Hopper;
John Nutting; and Associate Members Joseph Piemonte and Edward Luzinski. Notices
were sent to abutters and others, and duly published in the Salem Evening News
on June 6 and 13, 1979 in accordance with Mass. General Laws, Chapter 808.
The Petitioner represented themselves. The petitioners are requesting permission
to convert a single family dwelling to a two family ?welling by adding a second apart:
for residence of a family member, namely his son who is confined to a whra.lchair
following an accident and is living only on Social Security. The approxi:ate
cost of the second apartment will be an investment beL.-.,Teen $20,000.00 to $25,000.00.
There was no hardship.
The Board noted that a variance will be required for: -
1. For a two family house in a single family zoned area.
2. For a rear lot line set back of 25 feet instead of the required
30 feet.
That desirable relief could be granted without substantial detriment to the
surrounding neighborhood.
That this would not substantially derogate from the intent or purpose of such
zoning ordinance or by-law for the variance goes with the present owner of t`:a
building only to house, in the new apartment, a blood relation, which is conditic.:ad
that on the sale of the house it would cease to be a two family house, that it will
revert back to a single family house.
VARIANCE GRANTED WITH RESTRICTION
APKAL FR'..*. THIS DECd<I M, G A.':'(. SHALL BE S.AOE PURS"'ANT TO SECTICiI 17 OF THE PASS.
�D
-� 1FE DATE OF FILING
EPAL L, S, Cc?.PiEP. .
T }h LE .. I!!Cr LiLNt.
James H. Boulger, Jr. .%
- Ts!s DEasD:, rI HE .. _. ,.r -,,--!ra rER:aT Chairman
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,.. '.._J .. .-r it ,:,.LE CF THE OWNER
!8 THE SC'J;II ESS&( �:E:13!Ti U. •...� -
CF i... SU CR IS riECCRDED A-riD NOTCO VI 795 L)YiIER'S L,:( 11.CnIL Gr TITLE.
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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08-10-92.09:40:44.73780-LEG 1-1
7
CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext. 381
Will hold a public hearing for all persons inter-
ested in the petition submitted by LEROY AND
HILDA BRIGGS for Variance to allow use as two
family dwelling be continued at 18 SOUTH ST.
(R-1) Said hearing to be held WEDNESDAY,
AUGUST 26, 1992 AT 7:00 P.M., ONE SALEM
GREEN, 2nd floor.
RICHARD A. BENCAL, Chairman
August 12, 19, 1992 SN73780
08-10-92.09:4044.73780-LEGH 7
CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext. 381
Will hold a public hearing for all persons inter-
ested in the petition submitted by LEROY AND
HILDA BRIGGS for Variance to allow use as two
family dwelling be continued at 18 SOUTH ST.
(R-1) Said hearing to be held WEDNESDAY,
AUGUST 26, 1992 AT 7:00 P.0t., ONE SALEM
GREEN, 2nd floor.
RICHARD A. BENCAL, Chairman I
August 12, 19, 1992 SN73780
Ae �i
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08-10-92.09:40:44.7 3 7 80-L E G
CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext. 381 -
Will hold a public hearing for all persons inter-
ested in the petition submitted by LEROY AND
HILDA BRIGGS for Variance-to allow use as two
family dwelling be continued at 18 SOUTH ST.
(R-1) Said hearing to be held WEDNESDAY,
AUGUST 26, 1992 AT 7:00 P.M., ONE SALEM
GREEN, 2nd floor.
RICHARD A. BENCAL, Chairman , _I
August 12, 19, 1992 . SN73780
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° APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . .
�tttl of 5nlrm, �NttssarlTusptts
rs : Pourb of CNypral
TO THE BOARD OF APPEALS:
The Undersigned represent that they isx are the owners of a certain parcel of land located
at NO. . . .18 .South . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning District.R-1 . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : and said parcel is affected by LvobbmmW . . .ARTZCIA V . . . .
=bCtbEx $XAWZW&}i�,� . .of.-iSecti6n,c5..2 of the Salem Zoning Ordinance
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance. a .
m
�T
N/A S
n 3 -.72
m:>
The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
N/A
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance ,cl61,} ,ci�c
as the enforcement of said
Zoning By-Laws )wj&RwAjAjrSxCkjjexwould involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially dero-
gating from the intent and purpose of the Zoning Ordinance for
the following reasons:
Petitioners were granted a variance June. 20, 1979 to convert a single family house into
a two family dwelling and were further allowed a variance from the rear yard setback require-
ment from 30 feet to 25 feet. A copy of the said variance accompanies this Petition. A
condition was imposed as the granting of said variance which would cause the property to be
reverted back to single family use if the building was sold by the petitioners. Petitioners
wish to retire and sell the property as a two family dwelling. It is respectfully requested
that the variance be granted the condition that it bei owner occupied.. .
Own er.Lexgy and mi>.d4 .$xi44s . . . . . . . . . . . . . . . .
Address. . .28 .South .Street, .Salem. . . . . . . . . . . .
Telephone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Petitioner. . . . .Same.As .Abvve . . . . . . . . . . . . . . . .
�I AddSthcretlary
Date. Tel . . . . . . . . . . . . . . . . . . . . . . . . . . . .
By. . . . . . . . . . . . . . . . . .
ey, George P. Vallis
Three copies of the application must be filed witof the Board of
Appeals with a check, for advertising in the amount of. . . . . . . . . . . . .. . . . . . . . . . . . .
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
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. AI I
CITY 'S ' :FICE 23IImb rtf SALEM. MASS. CITY ;Lch , a ,SPICE
SALEM. MASS.
JUNE 20, 1979
DECISION ON PETITION OF LEROY & HILDA BRIGGS, 10 SOUTH STREET (R-1 District)
A hearing on this Petition was held on June 20, 1979 with the following Board
Members present: James Boulger - Chairman; Arthur LaBrecque; Douglas Hopper;
John Nutting; and Associate 'Members Joseph Piemonte and Edward Luzinski. Notices
were sent to abutters and others, and duly published in the Salem Evening News
on June 6 and 13, 1979 in accordance with Mass. General Laws, Chapter 808.
The Petitioner represented themselves. The petitioners are requesting permission
to convert a single family dwelling to a two family dwelling by adding a second apart:
for residence of a family member, namely his son who is confined to a wh—_lchair
following an accident and is living only on Social Security. The approxiiate
cost of the second apartment will be an investment between $20,000.00 to $25,000.00.
There was no hardship.
The Doard noted that a variance will be required for:-
1. For a two family house in a single family zoned area.
2. For a rear lot line set back of 25 feet instead of the required
30 feet.
That desirable relief could be granted without substantial detriment to the
surrounding neighborhood.
That this would not substantially derogate from the intent or purpose of such
zoning ordinance or by-law for the variance goes with the present owner of tha
building only to house, in the new apartment, a blood relation, which is conditic.:'ad
that on the sale of the house it would cease to be a two family house, that it will
revert back to a single family house.
VARIANCE GRANTED WITH RESTRICTION
BE
:.^P&d FRO THIS C=C1<L^.11. 1= A.'1Y. SHA!L '.LADE PURSSAiiT TO SE:TICH 17 OF THE MASS.
APPEAL.L Ln Ci S. Cc?.'li cF. S9S. A':O S:!\:L CE .. 20 L`A'iS pq—, ,,!F DATE OF FILING CG;r�:�/ �V. .'--�i^L i�'� `n✓
TH!S CEC!S!Dil 1%I THE ZSmeS H. Boulger, Jr.
. Chairman
t
. iiED 11ci c ..I:� !n .. •• - ,,.`i'_ . :!IS 7 '1 Fi_ED.
AN PIY�AL t:
'A.i,E OF .HE OCJNER
-L D IN THE SOJ H E ! :t I
OF i... :U OR IS RLGGRDZD Amd N5TEJ CR T:._ L IIEn'S U"( OF TITLE.
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
BOARD OF APPEALS
PETITION
We, the undersigned , abutters and nearby homeowners to that certain
parcel of land located at 18 South Street , Salem, wish to be
recorded In favor of the granting of the Salem Board of Appeal of a
Variance sought by Leroy Briggs and Hilda Briggs , which hearing is
to be held on August Z6, 1992 . The reasons for the petitioning of
said Variance have been fully explained to us and we are of the
opinion that the granting of said Variance will 1n no way be
detrimental to the public good and will not derogate from the Intent
of the Zoning Ordinance.
NAME ADDRESS
,
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C;14 Com,, A".4 �n,
BOARD OF APPEALS
PETITION
We, the undersigned , abutters and nearby homeowners to that certain
parcel of land located at 18 South Street , Salem, wish to be
recorded In favor of the granting of the Salem Board of Appeal of a
Variance sought by Leroy Briggs and Hilda Briggs, which hearing is
to be held on August ?-,(o, 1992 . The reasons for the petitioning of
said Variance have been fully explained to us and we are of the
opinion that the granting of said Variance will In no way be
detrimental to the public good and will not derogate from the Intent
of the Zoning Ordinance.
NAME ADDRESS
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CITY !:..,:. . .'SG.FICE Bomb of
=" SALEM. MASS. CD CITY ;LLi.,, a ; FICE
\_ SALEMP MASS.
JUNE 20, 1979
DECISION ON PETITION OF LEROY & HILDA BRIGGS, 10 SOUTH STREET (R-1 District)
A hearing on this Petition was held on June 20, 1979 with the following Board
Members present: James Boulger - Chairman; Arthur LaBrecque; Douglas Hopper;
John Nutting; and Associate 'Members Joseph Piemonte and Edward Luzinski. Notices
were sent to abutters and others, and duly published in the Salem Evening News .
on June 6 and 13, 1979 in accordance with Mass. General Laws, Chapter 808.
The Petitioner represented themselves. The petitioners are requesting permission
to convert a single family dwelling to a two family ?welling by adding a second apart:
for residence of a family member, namely his son who is confined to a wh?��:lchair
following an accident and is living only on Social Security. The approxiLate
cost of the second apartment will be an investment beLaaeen $20,000.00 to $25,000.00.
There was no hardship.
The Board noted that a variance will be required for: -
1. For a two family house in a single family zoned area.
2. For a rear lot line set back of 25 feet instead of the required
30 feet.
That desirable relief could be granted without substantial detriment to the
surrounding neighborhood.
That this would not substantially derogate from the intent or purpose of such
zoning ordinance or by-law for the variance goes with the present owner of thl-
building only to house, in the new apartment, a blood relation, which is conditic.,ed
that on the sale of the house it would cease to be a two family house, that it will
revert back to a single family house.
VARIANCE GRANTED 14ITH RESTRICTION
APPZAL FR III THIS D[CI;L^.il. G V;Y. SHMI. BE '..:ADE PURSSANT TO :E%iICiI 17 OF THE PASS.
1!E id EPAL LnriS, C'r.'.Pi.P. S:S. A1:7 S"•k'- %E ., .i!i".: 2G L`�iS P,f1Z.'. Tf:E DATE OF FILING
1 LLEttt _'James H. Boulger, Jr.
,F TYS DEC!S:D:; II ?H: ... .CE i!.c - i•; -P '.!AL PERI;IT Chairman
";;:'.7f TO '"J.S. 1 '�cR + '
c . ; q H i P ' 1
i ..iiiTD IL.(L ... _ Ji .. - NIS Lam , Fi;EO.
r ATuil CF i I' l! i c101i` i '.� ,
NR IS
IF c AN PPr' \' + +` cJ r it -A...E OF THE OWNER
>- D ' I T4 c3J 11 E s r "E I
OF i... :L OR IS fiELLRJcD A::O ,wTEJ Ctl T _ �ArICNS L' (fIF l.niE Gr fIfLE.
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
? APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . .
IIff11ETlt� MStttlISPS
+�s 'Puarb of CAppr"A
TO THE BOARD OF APPEALS:
The Undersigned represent that they izx are the owners of a certain parcel of land located
at NO. . . .18 .South . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning District.R-1 . .
. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . : and said parcel is affected by A=bi=4W� . . .A$TICIA .V . . . .
xafic x $X74}CiSX $i {}py�X$74701�XX of!j.Secti6n-.5.,2 of the Salem Zoning Ordinance
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance.
� a
N/A o=�
m
om
T Ty
m%>
V, N
The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
N/A
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance
as the enforcement of said
Zoning By-Laws gft&_imA1Aift@xikdgxwould involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially dero-
gating from the intent and purpose of the Zoning Ordinance RwiAAixxjcizids for
the following reasons:
Petitioners were granted a variance June..20, 1979 to convert a single family house into
a two family dwelling and were further allowed a variance from the rear yard setback require-
ment from 30 feet to 25 feet. A copy of the said variance accompanies this Petition. A
condition was imposed. as the granting of said variance which would cause the property to be
reverted back to single family use if the building was sold by the petitioners. Petitioners
wish to retire and sell the property as a two family dwelling. It is respectfully requested
that the variance be granted the condition that it bei owner occupied. .
Own er.Ier4x.and.nilda.8riggs . . . . . . . . . . . . . . . .
Address. . .28 .South .Street, .Salem. . . . . . . . . . . .
Telephone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Petitioner. . . . .Sa Q.Bs .UQve . . . . . . . . . . . . . . . .
Ad*e,,
Dat �
� . Te . . . . . . . . . . . . . . . . . . . . . . .
By . . . . . . . . . . . . . .
orge P. Vallis
Three copies of the application must be filed wi the Board of
Appeals with a check, for advertising in the amo . . . . . . . . .. . . .
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
---
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` 1 CITY !' -FICE IIHTi3 13i CITY ';FFICE
�-
' SALEM. MASS. SALEM, MASS.
�_
JUNE 20, 1979
DECISION ON PETITION OF LEROY & HILDA BRIGGS, 10 SOUTH STREET (R-1 District)
A hearing on this Petition was .held on June 20, 1979 with the following Board
Members present: James Boulger - Chairman; Arthur LaBrecque; Douglas Hopper;
John Nutting; and Associate -Members Joseph Piemonte and Edward Luzinski. Notices
were sent to abutters and others, and duly published in the Salem Evening News
on June 6 and 13, 1979 in accordance with Mass. General Laws, Chapter 808.
The Petitioner represented themselves. The petitioners are requesting permission
to convert a single family dwelling to a two family dwelling by adding a second aparn
for residence of a family member, namely his son who is confined to a wh(�•-achair
following an accident and is living only on Social Security. The approxi:ate
cost of the second apartment will be an investment beuaeen $20,000.00 to $25,000.00.
There was no hardship.
The Board noted that a variance will be required for:-
1. For a two family house in a single family zoned area.
2. For a rear lot line set back of 25 feet instead of the required
30 feet.
That desirable relief could be granted without substantial detriment to the
surrounding neighborhood.
That this would not substantially derogate from the intent or purpose of such
zoning ordinance or by-law for the variance goes with the present owner of tha
building only to house, in the new apartment, a blood relation, which is conditic. ed
that on the sale of the house it would cease to be a two family house, that it will
revert back to a single family house.
VARIANCE GRANTED WITH RESTRICTION
APKAL FRO.1 THIS DECISIOiI• 1% RI:'L SHALL BE =::AOE PURSL61ilT TO SECTICiI 17 OF THE MASS
.
cR S,� I•_� - i :!i:il 20 L`::iS AFTER .EE DATE OF FILING LC•:�l'-�:?/ ��' .• -G^� i`'� /nom
(;,-NERAL LA ':3. CH`.?i. r. �`..\:_ :E .. .
IN TIIE ,iV i;,F i!! •! CLERX.
,,Tames H. Boulger, Jr.
;= rFl!s Dx!s:D:. _.. n; zx�!�a rER:;lr
. . Chairman
r I i!iE CERT•
d.E�l fl_ED.
i� AL J.I 2F id CJ:r c'°It: .i .. Cr N'M is
-R (':T it c AN 6Pr` 1cCOWNER7ER
'D !N TN o:.U11 E o { TE 1 .
J rel -nJ.E CF THE
OF i... :U OR IS RECRU D A'ri0 NVEU OII T r_ t,AIIER S L (TIF;"*E Or FITLE.
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
BOARD OF ASSESSORS
CITY HALL PAGE:
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2
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2
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* 5 SUBJECT PROPERTYz PIAP. 15 LOT: 0522 SUFF.
6 PROPERTY ADDRESS: 0018 SOUTH STREET'
7 -ASSESSED OWNER .1 R SR.:
BRIGGS HILDA F
10 LOI bUf-P DDRESS MA-fL-1-NG-ADDRESS— 13
�40
15 0522 0018 SOUTH STREET BRIGGS LEROY D SR 18 SOUTH STREET 5
13 BRIGGS 1 1 L D SAL-E'M-MA-0 - 0 16
17
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