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12 WILLOW AVENUE - ZBA 12 Willow Ave. (R-1 ) - _ Raymond Emery of ialem, C ttssttrljuse##s Poara of �upettl ry.TT.I'" DECISION ON THE PETITION OF RAYMOND EMERY A- A?'l � � , pfd SPECIAL PERMIT FOR 12 WILLOW AVE. , SALEM A hearing on this petition was held March 19, IM6. and continued until April 16, 1956, with the following Board Members present: 'James. Hp, r, Chairman; Messrs. , .Bencal, Charnas, Luzinski and Strout. 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, owner of the prooerty,has requested a Special Permit to convert an existing two family into a three family in this R-1 district. At the request of petitioner's Counsel, Attorney George Vallis, the Board of Appeal voted unanimously to allow petitioner to withdraw without prejudice. WITHDRAWN aures B. Hacker, Chairman A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND CITY CLERK APPEAL FRG:' THIS DECISION. IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS. C:;.:TE^ 8D8. AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING C� THIS DELIS:::! 1J: THE OF.-:CE OF THE CITY CLERK._ P,:?:,NT TC' !!A'S. CE,`f,^;,AE LAS;S. CRAFTER 803, SECW::' ll, THE VAR IA':CE OR SPECIAL PER111T LG,'.?::E9 HEPE!N. SHALL MJT TARE EFFECT UNTIL A COPY OF THE9ECI5;1;!, :; THE CERT _ Fi Of -HE CITY CLEP.B iH'.T 20 DAYS H..^:ZE ELAPSED AND NO AFP-11. HPSBEEN FILED, C(: .iiLT. IF SUC5 A'i APPEAL H,1 6EEN FILE. THAT IT HAS BEEN OISf:ISSED CR DEEMED IS Rc".;ROE[i IN THE SOUTH, ESSEX REsISTRY CF LEEDS AND INDEXED W;D:E THE NA,,iE OF THE OWNER OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. BOARD OF APPEAL _ EMINO MICHAEL E. O'BRIEN S LEONARD F. SOLICITOR CITY SOLICITOR ''�eo„ �oo+" ASSISTANT CITY SOLICITOR 93 WASHINGTON STREET 93 WASHINGTON STREET andCITY OF SALEM and 187 FEDERALSTREET MASSACHUSETTS 30 MAIN STREET SALEM, MA 01970 PEABODY, MA 01960 745.4311 - 745-4311. 744.3363 531.1701 Please Reply to 187 Federal Street Please Reply to 30 Main Street March 21, 1986 James B. Hacker, Chairman Salem Board of Appeals 7 Ugo Road Salem, Massachusetts 01970 Dear Mr. Hacker : You have requested my opinion whether or not a special permit or variance is the proper vehicle to allow a three- family residence in a one-family (R-1 ) zoning district. Much as been written about the question presented'. How- ever, very simply, a variance is the proper procedure when an ordinance forbids a particular use in a specific district. Special permits are the proper procedure for specific types of uses which are permitted in specified districts upon ob- taining a permit. Accordingly, it is my opinion that the Board is correct 'in it' s assertion that the petitioner in the instant case will require a variance as opposed to a special permit to convert an existing non-conforming two ( 2 ) family into a three ( 3 ) family i' a R-1 zone. ZV y rul o , Mi hael E. O'Brien City Solicitor MEO/jp cc : City Clerk Board of Appeals ,xo (fi#V ofS�clem, I�rSsz�cl�rese##5 Office of t11e Ctv (douitcil @bitg Mall AepMMe � WARD COUNCILLORS GEORGE P. McCABE 1986 COUNCILLORS-AT-LARGE PRESIDENT 1986 GEORGE A. NOWAK JOSEPHINE R. FUSCO KEVIN R. HARVEY ROBERT E. GAUTHIER CITY CLERK VINCENT J. FURFARO FRANCES J. GRACE LEONARD F.O'LEARY NEIL J. HARRINGTON JEAN-GUY J. MARTINEAU RICHARD E. SWINIUCH GEORGE P. MCCABE JOHN R. NUTTING Dear Mr. Chairman and Members of the Board, Due to a business committment I am unable to be at tonight's Board of Appeal Meeting. I would like to express my concerns over the first item on your agenda. In the Petition of Raymond E. Emery for a. Special Permit to convert a two family dwelling into a three family dwelling at 12 Willow Ave. I am in opposition to the granting of the Special Permit. As in many areas of South Salem, the density in residents and vehicle traffic has lowered the quality of life and in some neighborhoods posed a safety hazard. The granting of this Special Permit would only increase the density problems now existing on Willow Ave. For this reason and because the petitioner has failed to show a hardship, I respectfully request that the Board deny the Petition. If you have any questions, I can be reached this evening by telephone, at the number listed below. Sincerely, ?Jean-Guy Martineau Concillor Ward Five Salem City Council Tel . 794-5024 +XON �i'< 1 llt $ajejn, �fijjISSMr4II5eft5 Offire of the (1litu Toutcril Citu Pall ABpMMG>��� WARD COUNCILLORS GEORGE P. MCCABE 1986 COUNCILLORS-AT-LARGE PRESIDENT 1986 GEORGE A. NOWAK JOSEPHINE R. FUSCO KEVIN R. HARVEY ROBERT E. GAUTHIER CITY CLERK VINCENT J. FURFARO FRANCES J. GRACE LEONARD F. O'LEARY NEIL J. HARRINGTON JEAN-GUY J. MARTINEAU RICHARD E. SWINIUCH GEORGE P. MCCABE JOHN R. NUTTING April 14, 1986 City of Salem Board of Appeals Salem, MA 01970 Gentlemen: On behalf of several neighbors who have contacted me, I wish to be recorded in opposition to any variance being granted that would change the character of the current neighborhood and the intent of our zoning ordinances in ;your consideration of an appeal regarding the petition pertaining to 12 Willow Avenue. Thank you for your serious consideration and please enter this communication into the minutes of your meeting April 16, 1986. Very truly yours, Richard E. Swiniuch Councillor at Large City of Salem Board of Appeal Salem, Mass. 01970 .9 Dear Sirs: Although I am unable to personally attend the hearing on April 16 regarding a request to convert a two family house to a three family at 12 Willow Ave. , I wish my feelings to be known. I want to voice my opposition to this request. There is already enough noise and traffic. congestion at this address and on this street - we don' t want any more. Also, the owner of 12 Willow Ave. allows his large dog to run loose , creating further nuisance to other neighbors. Sincerely, q1— w1illow Ave. r We the undersigned do hereby waive all rights with regard to time limitations for Board of Appeal decision on the petition concerning the following property: DATE PET T J and/or ATTORNEY PMVHMONS By i . .n R h i . I �Ifs - �rL 1°I4 ( f 1 , E SEE �G �� I _ ii (. aftSEEM ���� �•.itu Id-�w�iE� ©� oa:ec� .: ti '',`�L � �.i f �w�� tt�ut�i- "'Q � � per. ��� ��� {� Zoo , , F. } ��� �"��l.t,Y ��:l,t-I��► � �'�"' �Q Y WWI-L -,A4 .- `( WP2,\MkT b�i°ISS + } j �•t loom Lmw N I_I N E G•�l— l CHOCKNOC J ■ PLAN OATW?, 1 t' I I SCALE JO■ NO. 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