Loading...
19 ANDREW 7 MILK STREET - ZBA 19 Andrew/7 Milk St. R 2 / Christopher Collins J I 3•"*�4�`� E0 °� �� Cty of SaIrm, C assarllusetts fa ! 3 it rX 'N FU# Poxra of A"cal G� DECISION ON THE PETITION OF CHRISTOPHER COLLINS FOR A SPECIAL PERMIT FOR 19 ANDREW/7 MILK STREETS (R-2) A hearing on this petition was held January 27, 1988 with the following Board Members present: James Hacker, Chairman; Richard Bencal, Secretary; Messrs. , Fleming, 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 property, is seeking a Special Permit to extend a noncon- forming side setback to allow relocation of a second means of egress in this R-2 zone. 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: Notwithstanding anything to the contrary appearing in this Ordinance, the Board 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 noncon- forming structures, and for changes, enlargement, extension or expansion of nonconform- ing lots, land, structures, and uses, provided, however, that such change, extension, expansion or enlargement shall not be substantially more detrimental than the existing nonconforming use to the neighbhorhood. 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, makes the following findings of fact: 1 . One neighbor sent a letter of opposition; 2. Many neighbors, abutters and others appeared in favor; 3. The plan for the relocation of the second means of egress will be better for the safety of the inhabitants. 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 relief requested can be granted without creating a substantial detriment to the public good and without substantially derogating from or nullifying the intent or purpose of the Ordinance; 2. The relief requested will promote the welfare and safety of the City's inhabitants. i i DECISION ON THE PETITION OF CHRISTOPHER COLLINS FOR A SPECIAL PERMIT AT 19 ANDREW/7 MILK STREETS, SALEM page two Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief requested, subject to the following conditions: 1 . All requirements of the Salem Fire Dept. relative to smoke and fire safety be adhered to; 2. All construction be done as per the plans submitted; 3. All construction be done as per all existing City and State Building Codes; 4. All exterior finishes must conform to existing finishes. GRANTED Achard A. Bencal, Secretary A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK !PPL4L FRO:/ THIS DECISION. ': A.'{1', SHALL BE MADE PURSUANT TO SECTION 17 OF THE MA-S. ✓.IERAL LA,,S. CHAPTER M. AND SHALL BE FILED PLI7H19 20 DAYS AFTER THE DATE OF F:UI7 G .r THIS CECIS!OR B: THE OFF:_- OF THE CITY CLERK. . �.1SA': ii, :. 5 F.C':ER c. C, A'TFR SDS. 5'C"i i::, 11. THE V".Z'.c•;,-'_ _ .''F 3�'li -FEET VJIL A "Fr CF TH_:::.. :. . .i Hit, IF SUL PLA, :1 F r H' If, TH 'iH E',,-Y :.I iR( Or ELED;: A'',i1 E iF i:,E L,. .: OF RECORD OR IS RI-CORDED AND NOTED ON THE OUNER'S CERTIFICATE OF TITLE. BOARD OF APPEAL I 17 Andrew Street Salem, MA 01970 January 27 , 1988 Chairman Board of Appeals City of Salem Salem, MA 01970 Chairman Hacker and Members of the Board, I regret that I am unable to attend tonight' s meeting to voice my opposition to the petition submitted by Christopher Collins for a special permit to extend an existing nonconformity at 19 Andrew/ 7 Milk Street. I would like to take this opportunity to register my concerns and those of my husband, Gary. We are the owner occupants of the property at 17 Andrew Street. The property at 19 Andrew/7 Milk Street is a multi-family dwelling containing five apartments. Two of these are occupied by the owners of the building. The other three are rental units . There is also a four stall garage on the property. Two of the stalls are used as. a pottery studio. The two buildings occupy almost the entire building lot. Consequently, the ,ex sting use does 'not conform to any of the zoning provisions applicable in an R-2 district. These include re- quired side and rear setbacks (10 ft. , 30 ft. ) , density restrictions , and required distance between buildings on the lot (30 ft. ) . Because the existing use is nonconforming, the Board of Appeals has within its discretion to grant a Special Permit in this instance, rather than the Variance that would be required if a conforming use were to encroach upon one of these zoning restrictions. For this reason we request that the Board give this proposal close scrutiny before making its decision. We feel that the use of the property in question is already far in excess of that allowed under the zoning ordinance. We believe that the petitioner should increase the size of the apartment through the reduction of rental space in the building, an option chosen by other neigh- bors, rather than through the construction of an unsightly stairway on the exterior of the building. This would further reduce the distance between the buildings on the site increasing the fire hazard in an already overcrowded neighborhood. Thank you very much. "I' � ��t,.co>nictb 3 1111 IIfalE11Y, �� ��ISdL�t1I5Pt5 ,!Fire Department live zbgnartrrs •18 lafnnetfr ?trrrt Joseph P. SLIIIIVatl nlrm, 1�fa. M70 Chief City of Salem Re: 9 Andrews/7 Milk Board of Appeal Christopher Collins One Salem Green Hearing date: January 27, 1988 The property located at #9 Andrews/7 Milk Street has no 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 Special Permit to allow the relocation of the second means of egress at this location on the condition that the owner obtain compliance for smoke detectors from the Fire Prevention Bureau. CITY OF SALEM BOARD OF APPEAL 745-9595 Ext. 381 Will hold a public hearing for all persons in- terested in the petition submitted by Christopher Collins For a Special Permit to extend an existing nonconforming side setback to allow the relocation of the second means ofegress at 19 Andrews/7 Milk Sts.(R-2).Said hearing to be held Wednesday,Jan- uary 27, 1988 at 7:00 P.M.,One Salem Green,2nd floor. JAMES B. HACKER, Chairman January 13, 20, 1988 i l lad C'o,_tila/S S or /9 AUS f x P� A/nl� D -7 He/R 1N7�'k17-10cls 1901) -T-7 K&j E� -Ttl� "PAIS of i EI&IC7 Af! l �N/3oRS L �f u� No o�3�Fc i lo�ls i o -THE UARIAueL F-01? tvy 17 Andrew Street Salem, MA 01970 January 27 , 1988 Chairman Board of Appeals City of Salem Salem, NIA 01970 Chairman Hacker and Members of the Board, I regret that I am unable to attend tonight ' s meeting to voice my opposition to the petition submitted by Christopher Collins for a special permit to extend an existing nonconformity at 19 Andrew/ 7 Milk Street. I would like to take this opportunity to register my concerns and those of my husband, Gary. We are the owner occupants of the property at 17 Andrew Street. The property at 19 Andrew/7 Milk Street is a multi-family dwelling containing five apartments. Two of these are occupied by the owners of the building. The other three are rental units . There is also a four stall garage on the property. Two of the stalls are used as a pottery studio. The two buildings occupy almost the entire building lot. Consequently, the existing use does not conform to any of the zoning provisions applicable in an R-2 district. These include re- quired side and rear setbacks (10 ft. , 30 ft. ) , density restrictions , and required distance between buildings on the lot (30 ft. ) . Because the existing use is nonconforming , the Board of Appeals has within its discretion to grant a Special Permit in this instance, rather than the Variance that would be required if a conforming use were to encroach upon one of these zoning restrictions . For this reason we request that the Board give this proposal close scrutiny before making its decision. We feel that the use of the property in question is already far in excess of that allowed under the zoning ordinance. We believe that the petitioner should increase the size of the apartment through the reduction of rental space in the building, an option chosen by other neigh- bors , rather than through the construction of an unsightly stairway on the exterior of the building. This would further reduce the distance between the buildings on the site increasing the fire hazard in an already overcrowded neighborhood. Thank you very much. I f CARTER & TOWERS ENGINEERING CORP. .�cuve, 7�auizeeLaird�� Joseph D Carter " Professional Engineer 6 FAIRVIEW AVENUE Registered Land Surveyor SWAMPSCO-T. MASS 01907 Tel. 592.6366 N/F MALONEY I 35 I I i W I � To the SALEM 5 ¢ SAVINGS _BAND and ITS TITLE INSURERS _. �f LLI I hereby certify that I have examined I the premises and all easements, encroachments and buildings are Ip located on the ground as shown, f W further certify that the buildings shown 'r o ° conformed to the zoning laws of LL 'Sa La..._ when constructed. I further certify that :his property C IS NOT located In i' DWELLING establi d flood hyd ala. I' ) eah D. Carter R.L.S. 40387 2 R JOSEPH DAVID CARTER k .p No.9387, / AN ! IREWS STREET ' SASA r NOTE: Thts certlCic?tlon is based on the L _ ! '•� MASS location of survey ma.:k.Qrs of others, and I AUGUST ZI � � Jit does not represen' a property survey. To he used for V :—nge purposes only. _SCALL I r_ CrVIL ENGINEERING . . PERCOLATION TESTS SEWAGE DISPOSAL DESIGNS SURVEYING REF 9K 6S'73/7/8 FI� O>6