59-59 1/2 SUMMER STREET - ZBA 59-591 Summer St. R-2
Frank Wallace and
Nancy Knowles �-
� i
oftzlem, � ttssttrltusett's .
1
�.�5/ nttrD of eul '
i-
DECISION ON THE PETITION OF FRANK WALLACE AND NANCY KNOWLES
FOR A SPECIAL PERMIT & VARIANCE FOR 59-5912 SUMMER ST. (R-2) r'`
V
A hearing on this petition was held October 8, 1986 with thel�foi3owing Board, �
Members present: James Hacker, Chairman; Messrs. , Fleming, Luzinski, Strout and
Associate Member Dore. 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. Y;
�1
The petitioners, represented by Attorney George P. Vallis, are requesting a i
Special Permit to allow them to change a nonconforming lot by dividing same into
two lots, which would create two nonconforming lots. In addition, the petitioners
are requesting_.a Variance _from_.all applicable frontyard, sideyard, rearyard and
density requirements of Table I,- Section VI of the Salem Zoning Ordinance. The j
nonconforming lot currently owned by petitioners contains two separate and un- j
attached dwelling units. Both houses were constructed over fifty (50) years ago,
prior to any zoning ordinances. The houses are in an R-2 district.
The provision of the Salem Zoning Ordinance which is applicable to this request
for a Special Permit is. Section V B 10, which provides as follows:
E
Notwithstanding anything to the contrary appearing in this Ordinance, the Board E
of Appeal may, in accordance with the procedure and conditions set forth in
-. _ - ----- Section VIII F and IX D, grant Special -Permits for alterations and reconstruction
of nonconforming structures, and for changes,. enlargement, extension or expansion
of nonconforming lots, land, structures, and uses, provided, however, that such
change, extension, enlargement or expansion shall not be substantially more
detrimental than the existing nonconforming use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests,
guided by the rule that a Special Permit rquest may be granted upon a finding
by the Board that the grant of the Special Permit will promote the public healon,
sa_`ety , convenience ant welfare of the City's inhabitants.
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 involve
substantial hardship, financial or otherwise, to the 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.
DECISION 01' THE PETITION OF FP.A1:7K WALLACE & NA11CY KNOWLES FOR
SPECIAL PERI;IT & VARIANCE FOR 59 -59'2 SUMMER ST. , SALEM
page two
The Board of Appeal, after hearing the evidence presented at the hearing, and
after viewing the plans, makes the following findings of fact:
1 . The neighbors who appeared at the hearing were, with little
exception, in favor of the proposal;
2. Granting the requested petiiton would not increase traffic or
parking in the neighborhood;
3. The division of the property will not change the use of the properties,
only their ownership.
_ 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 . The proposed change will promote the health, sa€.�,,convenience
and welfare of the city's inhabitants;
2. The relief requested may be granted without substantial detriment to the
public good. In fact; the division of the lot into two lots is not
more detrimental to the neighborhood than the existing nonconformity;
3. A literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioners;
4. Special conditions exist affecting this nonconforming lot, which do not
generally affect other lots in the same district.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Special Permit and Variance requested, subject to the following conditions:
1 . That the petitioners create a foot right of way over the front yard
of lot B, as shown on the pians, for pedestrian access to lot A, as
shown on said plans:
2. That the front vards of both Lot A & Lot B continue to have natural
plantings to insure the asethetics of the neighborhood;
3. That all requirements of the Salem Fire Dept. , relative to .`ire safety,
be complied with by the petitioners;
4 . That permits or certificates deemed necessary by the Building Inspector
of the City of Salem, if any, be obtained.
SPECIAL PERMIT ° RAI Tn
`v'ARIAiiCE G„ :,. D \
,�Tames M. Fleming, Esq.
= Member, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
bH'r/)7YS�1>3bLS X3SS) /B/ ��
��;;n��S l7A 1InC f7CC7 '
1
9867`Er ndr cv
0 3JH77bM .b -'/Y61f.1
�0 lila�3doyd
k1lME
,cxtC2=./ �37pJ5
( /Y YO I6V 7c ba
^.IIJ ' lElAft R7B1.Keflet'.51�
1���11 S � HIO//7 978b/6'bA � J/76`/7dJ f/��✓�//�S
06'/b
7z�, 7..00.00oSN- tzo -. (L75l.Ys
Usl .vd b%3 102E '
962 /7.G 0,/5 ebb N/yl n,/ 1/JNl
960 - 7-69.80,5'n
o6.9
%b0 m,.ES.BO,S5 '/ 69 m _
�I
� %nJ/7dMo
/7/Nb'J 779n/S Jn/LS/.Y7
9nM/y3A0 � ° JS 964 gib' _
x71109 YOJ y 107
' LL/ e�
nyll3Sb3 i � _ 7�
C l
x s l*7rsA90 J oayo9 0n/mYy7d W17y5
1b38oy
01Ja/407b 'OA/ lly7 70yLn0%
'^i.SE,z,s/s ',, rv0/S/Al08ns 7N1 b'7Pn•n 7,nayddb
o/z
1y7876tf O(YO!/Aby
v d w
a
9Y/7177'JO
,47/WYJ79(as
isJOEEl'N
8 107
OL f/ vwm'ASIA'03'sola 70 AM.U510 M63
SL O
i tib ti �
o �
SS/b
--ter-
' / .m..OZ 2C."S
niu/ /,ves f vtw +o sy?1S193Y
3NI ,�0 SnL lY7n97a vA'Y S37,1,a art Cl
Sn•rn s7v OJ nrr. ::NE SIG[ e� .sJ,
J
— - --_ ► _dam�;.1 � c� v? `�e`