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18 SOUTH STREET - ZBA c� cn o � h 00 / O '.co Irk � h rIA I i-� �� O oemk } (flit of ialem, 'fflttssadjusetts 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 � m z, (Ilitg ofttlem, rttssttcllusetts ��, J scurb of o m �r � m v 7 LD 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 r� m c co T N - -n _, ry 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 n N m co _ N co s ti ;t Lon rM -. of _-,'j�ttlem, �4ttssttcliusetts 'EOIIrb of A17�TPS11 �y qn _ J m [i 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 ?_a�tuui 7ku�� Francis X. Grealish, Secretary Board of Appeal y rn T^ t T N cn m r`J 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 � H m K CG N cf1 i m i ,b Gita of -,'�ttlem, ^41jazi5 zcIlusetts rLo peal co 3 CL N 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 T N --, Ln m -r; 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 n N m -v ILO _ N cr m _n s ry ATE OF :=EARIi;G J °ETITIONER .-OCATT_ON (y NOTION: 70 GRANT �Q GECOND —ter 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 naTF:fi❑ �nno.- nc CONDITIONS: (� Co- ��, L 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 ` a i � p as CfcorAa Jay, .ria Gti _ 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 ��if2flti � ✓� C / �:i -LI :�.�,�y SGT ,.JeC�:nt 7a.'�c/ ��/J✓�iilm ��TLZt�iil aC h� i -4.4 �.co�'nrr1� 9' a 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 1 i l ! 4 AA A �o 4*F A149 All r' p ,91V OF L AA10 =G61C.OT�;AV�7'Yl!'r!,hBGLJbJl.�.�la ,Y�Fpil�/`,Q�? THR�" TAr@Y ", cT,b� rV rcr c"3Jn!r n ,r cw l�'CK' 7+p� Jai/ ,h --r 47 TAS T? R dR G1t�`fS� �JCN/ f drU erMB+4° �G C G•E4'T/ft 7"f/ F —J"w F ' y fW QIP Moil rc t adoterd W17WM v a,f av r •fir Z l�r9C v': �pyggE� TPOI 9lf e4wriv 4ff)l)w4:'FN ° � !✓ rarE A:. ,c:� QY •r7/G 2a�� U2 iGG S inx�,T'of,56trsi ,�v4� , N�'► ;;, �,'', e(� .�". G' /97 9 SIT � L �VSd+�lgif/Cd' �?7rK�%3'�'X��Gyt/ , .tH PgF3EkT �, ' ' '•a V� f•� 7Y �T `� APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . . (9i#u of �5aiEm, 'Mttssadjuspits ,J Puarb of CAypettl G 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$7fl14&7IX of;,Section 5.2 of the Salem Zoning Ordinance Plans describing the work proposed, have been submitted to the Inspector of Eail'&Tngs in accordance with Section IX A. 1 of the Zoning Ordinance. m o —a a� om w N/A T; a n 2 =- m V. r� The Application for Permit was denied by the Inspector of Buildings for the following reasons: N/A The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance x bt1ALRAkXA:Qx > e as the enforcement of said Zoning By-Laws )agA&wAjAjft@xkRAgxwouId involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially dero- gating from the intent and purpose of the Zoning Ordinance 2tox for the following reasons: Petitioners were granted a variance June 20, 1979 to convert a single family house into a two family dwelling and were further allowed a variance from the rear yard setback require- ment from 30 feet to 25 feet. A copy of the said variance accompanies this Petition. A condition was imposed as the granting of said variance which would cause the property to be reverted back to single family use if the building was sold by the petitioners. Petitioners wish to retire and sell the property as a two family dwelling. It is respectfully requested that the variance be granted the condition that it bexxmd&b&ooBdo= Owner occupied. . Owne r.Lerox.and.nilda.$riggS . . . . . . . . . . . . . . . . Address. . .2S.eouth .street. .salem. . . . . . . . . . . . Telephone. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . Petitioner. . . . .$31Pe.AS .AbQY2 . . . . . . . . . . . . . . . . }� ` / Add res . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dat . . . � , . .i .yyf Tele h " . . . . . . . . . . . . . . . . . . . . . . . . . . . U By. eir A torney, George P. Vallis Three copies of the application must be filed with t ecretary of the Board of Appeals with a check, for advertising in the amount of. . . . .. . . . . . . .. . . . . . . . . . . . . four weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. rr JULLU ; j .L0j NI1 (`d�1yi of �G�Km' .:J3E1�3t3KL�.�`++.11..-1 JAL Cll � I � r l P\1i 7 lll....... 1 �.., f CITY 'b C. UM-h of J, p! !:L.,:. - . .FICE `� � CITY :;Lcl�.�,'J (irFICE a = SALEM. MASS. " "\ CL - SALEH. HA$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 y!AS :r'U! KM r La1'ijI LF '.J , L EWE") IS P (�. 4 �,..:: A l tPr_.lL i.� i, , ,.. '.._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 I f SOU Tib/ .J�T�E:E T I• _w I Y . a� , r . 7 7 11' r, l' SN e�nrc r ram sra ! v.►sv a�a�o�v ��(,pT PG.4/1/ OF L AA10 GQCCT4d9 Oitf!rY+kF'G�f7ClAJIJ��" Pti¢ rw r y'MBY cui Cf 6*0N aF Lcrc. rho �'►/ ,y 7t7TW. i tf �a�vtartd wnw,�•a,Foev;�+zs�7c+Z ,drA'r�cruF•ar�p jpyq,�fa ftl►t OW rAW A•tvp o�W Coa ruvrzy .25"r _!DZ ,t' — � r� c��QY ��7/G.d9 �2iGGS 99 i K'A"F"T�a/I�O �/ 0�' s� IIIIV T")1 f '7 ✓,40 .. a •• /I ///� ROUERT'ROUERT i I �a t � G �'�'lt'SUN�a rEF� "�.�.SALEM,ir/1+�• 9zo3 77 o cs. 3 \/ •c i a� /9 J/9/ � f, B � CO 10 e i � a ¢ pCID �° e o If o 0 3 r• 4 01 61 190 0 '1 93 be \ / - �S \•Ei VVV •d s ?�,Q•�J c�i7n //� 4. 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 , —,w � 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 a Y r Y r Y Y r 2 X 2L83iV 01 - 4.0� ROP CARMELITE "GI"FT SHOP W 7/Z2/9Z A �- r ♦ Y Y r Y Y Y Y ° 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. , 4 , 3 a f,�fLT� 3d S! ' 4 "7r . -......� 1 R' �p r Iav vrc r � 'awe ioxarr� egovj PG�4A/ OF LAMP a Gaoare ;ucv trr L /Q FIs;�Y4kH?K a7"rp rH�,r*vY �• r.47a�PAs ��.+U�/1 �s iouvfert�' wrnvrv.afia�a��.b''1.a�A,co,�i�',al,a��'±�;us6�.oP' �q�BED f�B ov l A�MAA or,Coa,rAavl 117P - k r WVJJhAN }3587 ' tkt f " �¢ctsrFcz sa` ! G'..'• U _ \�yo JUL LU 11 .13 Aii '(iff u of 15alz a, JUL L'ti 1i ir yu1 '79 . 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 , - L 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 / 61. /rte✓Jew r— i,. ala r _�.�, , t / T f� 7 / , . /�/L/�Lflnt ��rJZ�i-�1/ v� - ,. L A / /�1�� ✓�/!i'%�--,v e. Ybr rI I ,z 5 yt` �'¢ w s L� ter 17d i4�vi �xsn Frew / „�Fe } Kx� ) tp i tai g- ' 4 z as k kk't v a h' v�ip r� ri s of Jy "ur ifi i :'v CNi S'$ xvY 2rr nit trfatr S r ' ,. .,.. U y vKtq ryl,d r,yy'krt L!, a♦3�y 4Fl J r E F9 �t ! i r4� 4q ,7r` .r { N r J.i 'Fa><a 51n JY ,.P ) dj ^' x F ii '�t� f,Y]+ r I s bwv �`. ✓ u= n� '' i 'F{� aky �KJ �i k .jr oila 4-11 r n S r*"a ✓E ��-} (tl4 Y ( F i t .77- - r vet 5 e ' 'f yn� i� 1.1 "V' .�b�, s Y°•y{�e>ywr yr v a a l - t , A" ✓ F �. i '� }i is-f� r�i� � w tr �tifi 1` }�{^. yti' � sir 4 � n :j Y. 4 ^M1 + S ,v a V1 Y frn � � }� F " lYF. i rt4�4"tn i � t • lj x u ,J Wyk 41 H4 pphJJ J S r S�PfL v.tq1j.-y $ F r' e �, Z >. wn r �ISF iS rrf k q`t'r s 7.1y A�'xk tF t t } T e'f.Ytrtiv ti 7Y_1trv���t c Ll u�uprpd+ 'J'R / t Is r� l �6 '6i�E.lIGFF r' ✓' e u as t y l i i v a°5f N sr� 6 /i{l� �Y,�t rf�. � " �'Y 'S r 9 i lY�..O' '.QfC � OG(✓� r$ t v .t ypNi° a v1 !4 r r rl i , v PLRA/ �} ti iJ�� r t iv �r t t v zeC+.,t 'N v P °l l i 4 u � aY fly 1 s a7 s t � FVNl,#fi >'�; ,rad i,R, �� , is Il , {tF ;Nn�v"r i< � S'Y+AHC K .. li .'� { �✓,4 > Vll Yz js Iji \ r " k 9 S{ V 2 Oft 42E:.LLC/J7s0'ONf "^� nPfr �L' r) swi>jr ii k!� �/ •R� 4 GbNi�BA-1 TOX'� � �5� ORr�d.�s't rT F + k e K LDGOlBtD sv�7'//R✓ 1�GOO,iR4�'.GA:'F7 '�7LS a r n .�: f . pi k J x .s 3 � t� ie t� �. ' ' �l ,DERQ,2T.'rlE.t(j o,�HiUa/�llSi,Sw%1'`i�,Gfi9,$/ .A41 �`b " '..� i ,� ` • fi , L s, r r %'ia �r979 It r x '4{ - +r,•y�{§C 'M1 r ' art �,y � "��,�Rk V�'JICE' Y�i. q' f :I jug LU AH ' iiu Iaf ttl�m, tz� ►i u � '19 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. --- - "�. I a ry I j. r t d I Q dT 444 J'5 r PG.4A/ of SAM tacarr ,enp�r�;Fs� r,H�¢�rrv�.r f° nor+ �rrF1' TM4F rri PL oYl / uml c,scorsty xvriJrv.a�Aoru�.dZ.¢�GZAtl`L�Ci .oJ'i€D �.tE� Gccvu3E-r7"J e yet . er. T of 96vs' idvq . ie► �y ,%�, G x/979 AV W—Ar4¢ /Cly ' , / + if, � 2� 43Ekr� � w' 3 '�9GlE I/��a.3p t iBOWMAIJ' I wy .5v*M5Y ERV/CE INCIZ %� 9?03 _.. !CUAij 7( If gal= offs U ` 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: EMI'MA '-'011910 ....... 2 08 2 3 R T I F I E 1�, B Uf TE 1 Of; ......... 4 4 5 * 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 -15 0235 00J2. ALSION STREET ' BUTLER PAUL G 32 ALBION STREET 14 1 � II BOTLER'SALLY A, ... ... SALEM, MA. 01970 9 . ..... 20 r 76 iqH�1-E-HEA-&---4M=i-- A— 19-C-RE-SC-ENT-&RI-VE 21 SALEM MA 011970 22 E 23 :a 15 0511 0027 CRESCENT DRIVE VACIRCA ROBERT G 27 CRESCENT DRIV ,g �l -1",.1".1,11'-1111�11 11 11 1 11'1111.1"I'l,1 1,1,,".,I "'.,,'-1 i— SAj r-�:,� 24 "1" —11-111.............. Ri, . ............. "'ll.25 �051,2` ...... ..... 20 TEl�FRANCIS, `J� CRESCEN7l DR' .................... ..................... Ill%%,.�le%,�--�SALE ..... A 6 11270 T2 29 0 23 SALEM MA 01970 300 24 15 0521 0016 SOUTH STREET GUY GEORGE F 16 SOUTH STREET 31 ...... ....................I..................I. -S6L--E-P1, MA-949,-79 2 ..... 3 ...... ET. -FqU� R: MARY,K Il- 6 - e I 2 RNI F 34 350 27 3 6 -A-7- 37 5 0544 E M R! S:F� I —10-LOOKOUT 28 1- SF SAL.C..,I I m. I I 0, DIEIIASEE ELIO ET AL TRS LYNNFIELD MA 0194G 380 15 0563 0021 CRESCENT DRIVE KERKORIAN WILLIAM P 21 CRESCENT DRIVE 39 1: :Lo 31 R0BK1*--MNA SALEM MA-&I-970 41 32 15 0564 0023 :CRESCENTr DRIVE PAGLIARULO DOLORES r 23 CRESCENT DRIVE 420 33 SALEM PIA 0-1970 43 44 34 45 0 35 46 470 36 48 49 37 50 51 4, 1 38 1. ...4 0 39 ................ 5� 40 53 41 54 0 550 z 42 561 z 43 ............r. n�r, 57 ..I....r 58 4 4 1 4, 4� I l� % 0 .............. 59 ....I...I.I I 45 60 46 61 0 47 620 63 48 64 49 66 50 7 Z 51 52 69 0 53 70 0 54 71 72 55 P 73 4 740 f -R 'M �CARON-A-; CHIEF ASSESSOR 75 56 75 �71 7 7 AV ir It C-4- c9c" / aBso �� O / m /vG� - Sy -CL3 cpe M -C7 1z, ami 01 -SS ---%S, XF, 14 Ij 4p, co 61 9a 00 476- �p of,