51 SUMMIT AVENUE - ZBA j -
_ 51 Summit Ave. R-1
• - -- - - _ - - __— _ Donald & Ida McEwan
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DECISION ON THE PETITION OF DONALD & IDA MCEWAN FOR
A SPECIAL PERMIT FOR 51 SUMMIT AVE. , SALEM QQCC
A hearing on this petition was held May 14, 19X f;lyh jte3Tc%0 ing Board
Members present: James Hacker, Chairman; Mess . , Bencal, Fleming, Luzinski and
Strout. Notice of the hearing was sent to abutAtE* and others and notices of .
the hearing were properly published in the Salem Evening .Ng � �Sgccordance
with Massachusetts General Laws Chapter 40A. city CL .
11
Petitioners, owners of the property, are requesting a Special Permit to convert
a single family dwelling into a two family dwelling in this R-1 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:
t .
Notwithstanding anything to the contrary appearing in this
Ordinance, the Board of Appeal may, in accordance with the
procedure and conditions set forth is Section VIII F and IX D,
grant Special Permits for alterationsand reconstruction of
nonconforming' structures, and for changes, enlargement,
extension or expansion of nonconforming lots, lands, 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 request may be granted upon a finding
by the Board that the grant of the Special Permit will promote the public health,
safety, convenience and welfare of the City's inhabitants.
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 . There was no opposition;
2. There are other two family dwellings in the area;
3. Property was used as a multi-family dwelling prior to this
date but use discontinued over the years.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . The proposed use as a two family dwelling will be in harmony with
the neighborhood and will promote the public health, safety, convenience
and welfare of the City's inhabitants;
2. The relief requested 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.
DECISION ON THE PETITION OF DONALD & IDA MCEWAN FOR
A SPECIAL PERMIT FOR 51 SUMMIT AVE. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Special Permit requested under the following terms and conditions:
1 . Three on site parking spaces be maintained;
2. Premises remain owner occupied;
3. A Certificate of Occupancy be obtained.
SPECIAL PERMIT GRANTED
.. Aames
SCJ K'�UJ'�G� l�B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
A!'FEAL FR✓:':' THIS DEC!SINI , IF 5,7iY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS..
GENEi.3.L LA:;S. CS.=.r TER E'.id. AU, SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF TFC:S DEC!;'b'.!; I:" THP C-FES: GF THE CITY CLERK.
PL'R ... ... . C u.fTER 8CB SEC" 11, THE VAPIA:"ICE OR SPECIAL PER.':iIT
EtrEC', USTii P. COPY OF THE ' , EG. THE CERT.
I Cr':i ihiE ,uF:� .. _J DAYS H::4_ iLArSEO A'.JD IVD C°r.-� H�.S uEE ii FILED.
CR 1 1. IF c' "' n':' l.Fr- KPS EEE:`' FILE. THAT IT HAS BEEN D6'::.3ED OR DEi<.ED IS
RECC„CED !1. THE Sd'UTH ESSEX PEI!STR'i OF DEEDS AND INDEXED UNDER THE NA1;E OF THE OWNER
OF RECORO OR IS RECORDED AND NOTED ON THE OVfNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
U� IIf ` al=, Ja 5 5 aLIi5Prn R E C E iVED
�3=h of SEP 14 1 45 PH 91
CITY CLERK'S OiFiCE
AUGUST 30, 1977 SALEM. MASS.
DECISION ON THE PETITION OF JOHN J. AND IRENE B. BOCHYNSKI. FOR PROPERTY
LOCATED AT 51 SUMMIT AVENUE- R-1 DISTRICT
A hearing on the Petition of John J. and Irene B. Bochynski was held with
members Donald Eames, Arthur Labrecque, Wiliam Abbott, James Boulger, and Douglas
Hopper present. Notices were sent to abutters and others in accordance with Mass.
Gen. Laws, Chapter 808, concerning property located at 51 Summit Avenue in an
R-1 District.
The Petitioner requests a Special Permit to convert the existing ten room
single family dwelling into a three family unit.
Attorney Alfred Dobbs, 70 Washington St. , represented the Petitioner noting
that the building was purchased six years ago and the family has decreased in size
and for economic reasons the petitioners wish to convert the building into a three
family unit.
Mr. Dobbs submitted a petition signed by 19 individuals in the neighborhood
stating they are in favor of the Special Permit being granted. It was noted that
there are ample parking spaces available if the grassed area in the front yard
is made into a parking area.
Mr. O'Connor of Ocean Ave. appeared in 'favor of granting the permit.
Mr. Leo Hurley, 47 Summit Ave. had nonobjection.
The Planning Board opposed the granting of the Permit (letter on file) .
M_r. Hopper noted the Planning Board's opposition and that the stated hardship
was not unique to the property.
The Board voted 4-1 to grant the Special Permit for the conversion of existing
single family house to a three family dwelling unit with a condition that the required
parking spaces are, provided and approved by the Building Inspector. Mr. Hopper '
voted not to grant the Special Permit.
The Board found that it could grant the Special Permit without substantial
detriment to the surrounding neighborhood and without derogating from the intent of
the Salem Zoning By-laws.
SPECIAL PERMIT GRANTED *************
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE
AUGUST 30, 1977
DECISION ON THE PETITION OF JOHN J... & IRENE B. BOCHYNSKI. Page 2
MASS. GEN. LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF
FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. -
PURSUANT TO MASS. .GEN. LAWS, CHAPTER 808, 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 AN APPEAL HAS BEEN FILED, IT HAS BEEN DISMISSED IS -
RECORDED AT 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. - -
ACOPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING DEPT:_ AND CITY CLERK.
BOARD OFFAPPEAL
Douglas Hopper
Acting Secretary
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