12 MT VERNON STREET - BUILDING INSPECTION UPC 10333
No.153L-3
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CITY OF SALEM MASSACHUSETTS
BOARD OF APPEAL
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120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA 01970
TEL. (978) 745-9595
FAX (978) 740-9846 - n
STANLEY J. USOVICZ, JR. ~ ��
MAYOR
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DECISION ON THE PETITION OF NURY ESPINAL REQUESTING A VARIANCE Fqs
THE PROPERTY LOCATED AT 12 MT. VERNON STREET R-2 nfn
A hearing on this petition was held on September 17, 2003, with the following Board 4
Members present: Nina Cohen, Chairman, Stephen Harris, Nicholas Helides;JoanLn
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Boudreau and Joseph Barbeau. Notice of the hearing was sent to abutters and other cn
and notices of the hearing were properly published in the Salem Evening News in
accordance with Massachusetts General Laws Chapter 40A.
The petitioner is requesting a Variance to add third unit to an existing 2 family for the
property located at 12 Mt Vernon Street located in an R-2 zone.
The Variance which has been requested may be granted upon a finding of the Board
that:
a. Special conditions and circumstances exit which especially affect the land, building
or structure involved and which are not generally affecting other lands, buildings or
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 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.
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. Petitioner, Nury Espinal, owner of the property explained that the already had
much or the work done to create a third floor unit to the property. The work was
done without a building permit and she was before the Board to continue the
project in a legal manner. She and her new contractor, Pat Pantapas made the
following points.
2. She was told it was possible and legal to create a third unit when she purchased
the property. There is currently only street parking for this address and they plan
to create 3-car parking and also since Nury Espinal owner subject property, it
would be possible to create more parking.
3. Ryan Robins of 11 Mr. Vernon St. cited that the historic nature of the
neighborhood was being challenged as renters rather than owners have
occupied most multi -family homes.
DECISION ON THE PETITION OF NURY ESPINAL REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 12 MT. VERNON STREET R-2
page two
4. A petition was submitted with 12 names in opposition to this petition.
5. The following individuals spoke in opposition to the petition citing safety issues,
parking, emergency access and the existing situation with Ms, Espinal having
child care in her basement, Donna Talbot 7 & 9 Mt.Vernon St, Joyce Momeau,
24 Winthrop St., Bob Jackson, 8 Mr. Vernon St., Bob Cole, 16 Mr. Vernon St.
David Byors Councillor Joan Lovely and Councillor Kevin Harvey.
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 do not exist which especially affect the subject property and not
the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would not result in
unnecessary hardship to the petitioner.
3. The relief requested cannot be granted without substantial detriment to the public
good or without nullifying and substantially hardship derogating from the intent of the
district or purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted 0 in favor and 5 in opposition to grant the
requested variances. Having failed to garner the four affirmative votes required to pass,
the motion is defeated and the petition is denied.
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VARIANCE DENIED
SEPTEMBER 17, 2003 aaico�
Joan Boudreau
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CITY CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17 of the MGL
Chapter 40A and shall be filed within 20 days after the date of filing of this decision in the
office of the City Clerk. Pursuant to MGL Chapter 40A, 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 passed and no appeal has been
filed, or that, if such appeal has been filed, that it has been dismissed or denied is o
recorded in the South Essex Registry of Deeds and indexed under the name of the v C. c-)
owner of record or is recorded and noted on the owners Certificate of Title.
Board of Appeal o�
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DATE ORPERMIT. - PERMIT NO. -6'WNER " -"" :
[LOCATION
DWELLING , MATERIAL DIMENSIONS fNO..OF STORIES NO.OF FAMILIES WARD I BUILDER COST JSL� l
OTHER SLOGS. MATERIAL DIMENSIONS NO.OF STORIES 'BUILDER - POCHEi FOLDER PLAN - I NO.6HE
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1/23/86 4633 Rebuild existing side porch samesize 5'8" X 4'2",. add cement lead step.
Redeck rear 2nd floor porch. $775.00 . (Mr.` Ouellette)
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APPLICATIONADULT NUMDaER Trial Court of Massachusetts
FOR COMPLAINT JUVENILE District Court Department
[-Y ARREST X HEARING ❑ SUMMONS ❑ WARRANT COURT DIVISION
The within named Complainant requests that a Complaint issue against the within Salem 0161 tst>Cowt
named defendant,Charging said defendant with the offense(s)listed below. �R8�rllRgton
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Opp APPLICATION DATE OF OFFENSE PLACE OF OFFENSE 65 wa MA-104970n
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NAME OF COMPLAINANT
0 �r'i `� .•/ 1,K .(t� NO. OFFENSE G.L. Ch. and Sec
ADDRESS AND ZIP CODE OF COMPLAINANT
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NAME,ADDRESS AND ZIP CODE OF DEFENDANT
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COURT USE A hearing upon this complaint application DA'EOF ARI /, IM€ RI C
ONLY—� will be held at the above court address on _ , 2DaT
CASE PARTICULARS — BE SPECIFIC
NAME OF VICTIM DESCRIPTION OF PROPERTY r VALUE OR PROPERTY TYPE QF'CONTR LED
NO. Owner of property, Goods stolen,what Overlor under SUBSTANCE OR APON
person assaulted,etc. destroyed,etc. $250. Marijuana,gun,etc.
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OTHER REMARKS:
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SIGNATURE OFCOMPLAINANT
DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known.
DATEOFBIRTH PLACEOFBIRTH SOCIAL SECURITY N UMBER SEX RACE HEIGHT WEIGHT EYES HAIR
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OCCUPATION EMPLOYER/SCHOOL R'S NAME(MAIDEN) , FATHER'S NAME
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DC-CR2(3818)