24-28 SOUTH STREET - ZBA (2) or
24-28 SOUTH STREET R-1
PHILIP S. SINGLETON --- - - -
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DECISION ON THE PETITION OF PHILIP SINGLETON REQUESTSNG .A VARIANCE
FOR THE PROPERTY LOCATED AT 24-28 SOUTH STREET (R-1)
A hearing on this petition was held November 13, 1996 with the
following Board Members present: Gary Barrett, Chairman, Nina Cohen, -
Albert Hill, Richard Dionne and Paul Valaskatgis. 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.
Petitioner requests a Variance to divide 23,400 sq. ft. lot X1524, to
allow three (3) buildable house lots, which require Variance on lot
size and frontage for the property located t 24-28 South Street.
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 or structures in the same
district.
b. Literal enforcement of the provisions of the Zoning Ordinance
would involve substantial hardship,financial or otherwise, to the
petitioner.
c. Desirable relief may be granted without substantial detriment to
the public good and without nullifying or substantially derogating
from the intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence
presented at the hearing, makes the following findings of facts:
1. Petitioner executed a purchase and sale agreement with the
realty trust that owns the property located at 24-28 South St.
Petitioner seeks a variance from lot size and frontage
requirements to allow construction of 3 single family houses
on the property.
2. The property at 24-28 South St. consists of 23, 400 sq. ft. of
land on steep slope, with utility easement running parallel to
the rear property line. The property has hitherto been deemed
an "unbuildable lot",and that status is indicated in the City
tax assessor's records.
3. Eight neighbors appeared in opposition to the petition, on the
grounds that drainage problems would result from any construction
on the property. The neighbors further argued that a substantial
concrete wall would have to be built to create enough level area
on the slope to support the proposed homes, and such a wall
would substantially derogate from the value of their homes.
4. City Councillor Leonard O'Leary opposed the petition on the
grounds that the proposed construction would be detrimental
the neighboring homes.
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DECISION OF THE PETITION OF PHILIP SINGLETON REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 24-28 SOUTH STREET (R-1)
page two
5. Paul Butler, one of the neighbors appearing in opposition
submitted at a petition with 14 signatures of neighbors and
abutters who also opposed the proposed variance.
On the basic of the above findings of fact, and on the evidence
presented at the hearings, the Board of Appeal concludes as follows:
1. No special conditions exist which especially affect the
subject property as opposed to the district in general.
2. Literal enforcement of the Zoning Ordinance would not involve
substantial hardship to the petitioner.
3. Desirable relief requested cannot be granted without substantial
detriment to the public good or without nullifying and
substantially derogating from the intent of the district or
the purpose of the Ordinance.
Therefore, the Board of Appeal voted 0 in favor and 5 in opposition
to the motion to grant the Variance, having failed to garner the
required votes to pass, the motion is defeated and the petition is
denied.
Variance Denied
November 13, 1996
Nina Cohen, Member
Board of Appeal
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 of Special Permit granted herein
shall not take effect until a copy of the decision bearing the
certification of the City Clerk that20 days have elapsed and no
appeal has been filed, or that, if such appeal has been filed, that
is 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
PETITIONEF� DATE 0F r-.-KING �J
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LOCATION C2
MOTION: TO GRANT SECOND APENDNENT SECOND
TO DENY SECOND
I
TO RE-HEAR SECOND
WITHDRAW SECOND
CONTINUE SECOND
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ROLL CALL PRESENT GRANT DENY/ .AMEND WITHDRAW RE-HEAR CONTI:
GARY M. BARRETT v
ALBERT C. HILL
JOSEPH YWU
NINA V. COHEN
RICHARD DIONNE 6
ASSOCIATE VEhBERS _
ARTHUR LEBRE000E
PAUL VALASiiATCIS
CONDITIONS:
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WE, THE UNDERSIGNED RESIDENTS, HEREBY OPPOSE THE PETITION
OF PHILIP SINGLETON TO CONSTRUCT SINGLE FAMILY
HOMESAT24-28 SOUTH STREET 1
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APPEAL CASE NO. . . . . . . . . . . . . .
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39narb of �Appeaf
TO THE BOARD OF APPEAL:
The Undersigned represent that he/she is/are the owners of a certain parcel of land
located at: . 24-28 South Street ,_. _gtasaE; Zoning District... R.1
... .. . .......:
and said parcel is affected by Section(s). . ........ . . . ......... of the Massachusetts
State Building Code.
Plans describing the work proposed have been submitted to the Inspector of Buildings
in arocordance with Section LB A.1 of-the Zoning Ordinance.
U.1 Thies is addirect appeal.
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The Application for Permit was denied by the Inspector of Buildings for the following
reason(s):
Petitioner seeks a Variance as set forth on the attached Addendum.
The Undersigned hereby petitions the Board of Appeal to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed, as the enforcement of said
Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially derogating
from the intent and purpose of the Zoning Ordinance and Building Code for the follow
ing reasons:
Lots 187, 185 and 186 are shown on Land Court Plan 856-C dated June 4, 1970. The lots
were in conformity with then zoning. The neighborhood is fully developed lots
of similar size.
Owner. DiBiase. Salem.Realty Trust
....... ..... ....................
Address. Creso ent Drivgj.hj�i;&
Telephone....................,...........
Petitioner..PhiliP_ S..Singleton�. .
Address. 12. CharipS.�rPS6,oLyUUti "
8 �404
Date.. September.24, 1996 Teleph c/o (508 531 900
Bye.. ......,.:-
o R. Ke y,� quire".....
Three copies of the application must be filed wi he Secret the Board of Appeal
with a check,, for advertising;in, the:amount_of(: ...,.......,.. .four weeks.prior, to she-:
meeting ofthe-,Boardof 'Appeal Check a " .
p gable t the Salem. Evening News'.
JOHN R. KEILTY, COUNSELOR AT LAW
40 LOWELL STREET TELEPHONE (508) 531-7900
PEABODY, MA 01960 FACSIMILE (508) 531-2479
September 24, 1996
Board of Appeals
City of Salem
One Salem Green
Salem, MA 01970
Attn: Sally Murtagh
Clerk to Salem Board of Appeals
RE: 24-28 SOUTH STREET, SALEM, MA
Dear Ms. Murtaugh:
Please be advised that I represent Philip Singleton of Lynnfield,
Massachusetts, the Petitioner for a Variance.
I am providing herewith the following:
1. Petition for Variance;
2. Check in the amount of $75.00 as the Application Fee;
3. Check in the amount of $121.26 as Advertising Fee;
4. Check in the amount of $2.00 for the certified copy of the Decision of the
B oard;
5. Check in the amount of $10.00 to record the Decision of the Board; and
6. Plan of Land.
Please arrange a hearing date before the Board and kindly notify this office
of the date.
Thank you for your anticipated cooperation.
Very truly yours,
?J . e' Es ire
JRK/emb
Enclosures