3 WINTER STREET - ZBA (3) Winter St. R_2
JPS REALTY TRUST (owner)
Curtis Rawlins &
John Carleone (Petitioners)
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DECISION ON THE PETITION OF JPS REALTY TRUST FOR A C;T`' !.
VARIANCE AT 3 WINTER STREET (R-2)
A hearing on this petition was held March 18, 1987 with the following Board
Members present: James Hacker, Chairman, Richard Bencal,
Secretary; Messrs. ,
l
rouring, 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.
Petitioner is seeking a Variance to convert this four family dwelling into a
five unit condominium in this R-2 zone.
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;
c. desirable relief inay be granted-without substantial detriment- to the-
public good and without nullifying or substantial derogating from the
intent of the district or the purpose of the Ordinance.
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 building is a large structure, too large for a two family;
` 2. The building when purchased was in disrepair and infected with
insects, etc.
3. The proposed renovatic; would enhance the building, the neighborhood
and area in general;
4. Support to the plan was voiced by neighbors and abutters;
5• There is adequate parking on site.
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 affect the subject property but not
the district generally;
2. Literal enforcement of the provisions of the Ordinance would involve
substantial hardship to the petitioner;
DECISION ON THE PETITION OF JPS REALTY TRUST FOR A
VARIANCE FOR 3 WINTER ST. , SALEM
page two
3. The variance 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.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variance requested subject to the following conditions:
1 . The reconstruction be built as per the plans submitted;
2. Eleven ( 11 ) legal size parking spaces be maintained on site;
3. A Certificate of Occupancy be obtained;
4. All provisions of the Salem Fire Dept. relative-to smoke detectors
be complied with;
5. All construction be ,as per all existing State & City Building Codes;
6. The right side windows of the addition shall be in harmony with the
windows of the existing building.
VARIANCE GRANTED
�G'^ r/ 00 Yyv)
Richard A. Bencal, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
THE DATE OF FILING
APPEAL FRO;t THIS CE'ISIDN, IF ANY. SHALL BE MADE PURSUANT TO SECTION 17 Of 7F1E M11f.SS.
GENERAL LPN,' CHAPTER SOB. AND SHALL BE FILED Y.' ERK.ITHIN 20 DAYS AFTER
THE VAfiiA±:CE OR SPECIAL EER'"T
E THIS PN,' ON IR THE OFFICE OF THE CITY CLERK E VAFD'l. SEAP.I'! THE C'RT_
PURSAY.T TC 74SS. GENERAL LA'J(S. CH' 608. SECTION 1P'1D NO REPEAL HAS E`_E'•1 FIi-EO.
GRANTED HEnEI:, SHALL NOT T4h'.E EFFECT U HAIVEAELAPSEDF THEIS
o-D RLE. THAT IT
HAS BEEN DIS".IS$Ep CR CEtdl`D 711E 0'NN ER
fICATIOt: OF THE CITY CLERK TPI AT 20 DAY AND INDEXED uNDER THE NA':,E OF
OR THAT. IF S'UH A"UTHPESSEXEAL AREGISTRY OF DEEDS
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OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE BOARDOFAPPEAL
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BOWMAN SERVICE,, 1AIC
No. 18887
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Joseph F. Sullivan �$atrm, ,iia. 01970
Chief
City of Salem Re: 3 Winter Street
Board of Appeal Curtis Rawlins & John Carleone
One Salem Green Hearing date: May 18, 1988
The property located at #3 Winter Street has current compliance with the
provisions of Chapter 148, Section 26E, Massachusetts General Laws
relative to the installation of automatic smoke detectors.
The Salem Fire Department has no objection to the granting of a
Variance/Special Permit to convert four units to five units subject to the
following conditions:
1. Plans for the proposed construction are presented to the Fire
Prevention Bureau for approval prior to the issuance of a
building permit.
2. The proposed construction shall conform to all applicable
provisions of the Massachusetts State Building Code, 527 Code of
Massachusetts Regulations, the Salem Fire Prevention Code, the
Salem City Ordinances, and Massachusetts General Laws relative to
fire safety.
3. The applicant shall arrange for an inspection by the Fire
Prevention Bureau upon completion of the work.
Signed,
Robert W. Turner,
Fire Marshal
May, 18, 1988
RECEI}tE��idSS.
CITY OF SSI E!`
T0: Salem Board of Ap$\\ea�ls
W�✓,'Ar .
I wish to pestEpe�xe- a he�}ing scheduled before the Board of Appeals on
May 18, 1988. The petition is for a variance on the property located
at 3 Winter St, Salem and currently owned by the JPS Realty Trust. The
petition is being sought by prospective buyer Curtis Rawlins
Thank you
David ace so , Esq.
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inscph F. Sullivan
Chic(
City of Salem Re: 3 Winter Street
Board of Appeal Curtis Rawlins & John Carleone
One Salem Green Hearing date: May 18, 1988
The property located at #3 Winter Street has current compliance with the
provisions of Chapter 148, Section 26E, Massachusetts General Laws
relative to the installation of automatic smoke detectors.
The Salem Fire Department has no objection to the granting of a
Variance/Special Permit to convert four units to five units subject to the
following conditions:
1. Plans for the proposed construction are presented to the Fire
Prevention Bureau for approval prior to the issuance of a
building permit.
2. The proposed construction shall conform to all applicable
provisions of the Massachusetts State Building Code, 527 Code of
Massachusetts Regulations, the Salem Fire Prevention Code, the
Salem City Ordinances, and Massachusetts General Laws relative to
fire safety.
3. The applicant shall arrange for an inspection by the Fire
Prevention Bureau upon completion of the work.
Signed,
Robert W. Turner,
Fire Marshal