12 OBER STREET - BUILDING INSPECTION 12 Ober St.
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Citp of 6alem, fdam6atbugetto
" ClLRSALEM.
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loon NOV 20 A II*. 3q
DECISION OF THE PETITION OF SCOTT KING & SHERYL DILISIO REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 12 OBER STREET R-1
A hearing on this petition was held November 15, 2000 with the following Board
Members were present: Nina Cohen Chairman, Stephen Buczko, Richard Dionne,
Stephen Harris and James Hacker. 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.
At the request of the petitioner, Scott King & Sheryl Dilisio the Salem Board of Appeal
voted 5-0, to grant leave to withdraw this petition without prejudice for Variances Lot A,
relief from frontage, lot area & minimum lot area per dwelling, relief from prohibited use
(dwelling to be duplex), Lot B, relief from frontage, parking, lot area, minimum lot area
per dwelling & side yard of garage for the property located at 12 Ober Street located in
an R-1 zone.
GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE
NOVEMBER 15, 2000
Nina Cohen, Chairman
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
Massachusetts General Laws 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 Massachusetts
General Laws 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 elapsed and no appeal has been filed, or that, if such appeal has
been filed, that it has been dismissed or denied is recorded in 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.
Board of Appeal
P CERTIFI Q OCCUPANCY
CITY OF SALEM Issued, o
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a SALEM, MASSACHUSETTS 01970 Cit of Saler».Buildin Dept.
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APPLICANT G'lbi� �( l:f'•,i;;l (I " 19 ' PERMIT NO.
ADDRESS t ( ,'-.!( , ir}
(NO.) (STREET) �—
EVILCITY }- (CON TR S LICENSE)
STATE_"I"Ip.l ZIP CODE 0'. .)JI TEL.NO 5 "1
PERMIT TO Y1 L.. I R(1-'.i. (_) STORY (:I I L:i-i tu, l 1 ""i.l .I ! NUMBER OF
(TYPE OF IMPROVEMENT) NQ (PRpppSED USE) DWELLING UNITS
AT(LOCATION) Q1 )12 CJ El l::_I't
(NO) (STREET) ZONING
DISTRICT
BETWEEN
(CROSS STREET) AND
SUBDIVISION (CROSS STREET)
d LOT
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BUILDING IS TO BE FT.WIDE BV
FT.LONG BY FT,IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION
TO TYPE USE GROUP
BASEMENT WALLS OR FOUNDATION
REMARKS -FrIL_.I_ iib ] I-2 ti... - _. . (TYPE)
AREA OR
VOLUME
(CUBIC/SQUARE FEET) ESTIMATED COST PS. ,,i;'r:', PERMIT
FEE $
OWNER (::i'ri Cll.i i'll�i to G).j i,i_.I fl+l
ADDRESS BUILDING DEPT.
-- - - -- -- ---- BY K.G.G.
of "iulem, ttsst�dlusettfrr OF
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.2001 AUG 23 P, S. 18
DECISION OF THE PETITION OF DONALD KING REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 12 OBER STREET R-1
A hearing on this petition was held August 15, 2001 with the following Board Members
present: Nina Cohen, Chairman, Richard Dionne, Stephen Harris and Nicholas Halides.
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.
The petitioner is requesting a Variance for relief from frontage, parking, lot area and
dimensional requirements to construct a single family for the property located at 12 Ober
Street located in and R-1 zone.
The Variances, which have been requested, may be granted upon a finding by this
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
structure involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
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 of 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's property on Ober Street consists of two lots. On one (Lot B) sits
petitioner's three-family house and garage. Petitioner seeks a variance to enable
him to build a single family residence on the adjacent lot, Lot A.
2. Petitioner submitted a plot plan showing Lots A and B, with a footprint of the
proposed house on Lot A. For Lot A, consisting of 5„472 sf, petitioner seeks relief
from frontage and lot area requirements.
3. Lot B consists of 4,870 sf. For Lot B, petitioner seeks relief from frontage and lot area
requirements. Because there is an existing garage within 5 ft. of the lot line and
parking for only 3 vehicles instead of the required 5, petitioner also seeks relief from
parking and side setback requirements for Lot B.
a
DECISION OF THE PETITION OF DONALD KING REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 12 OBER STREET
page two
4. Several neighbors and a relative spoke at the public meeting regarding the proposed
plan. Fred Lavorati, 23 Summit Street, Erin Kelly of 26 Summit St, and Dan Pierce of
Andrew Street spoke about their concerns with increasing density in this settled
residential neighborhood. Ward 4 City Councillor, Leonard O'Leary and Armand
Blanchette of 6 Summit St said that the proposed house would blend in and would
allow a local family to build a home and remain in the neighborhood. Arthur King of 7
Wall St. supported his nephew's plans.
On the basis of the above findings of fact, and on, the evidence presented at the
hearing, the Zoning Board of Appeal concludes as follows
1. Special conditions exist which especially affect the subject property but not the
district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
3. Desirable relief 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 4-0, to grant the Variances requested,
subject to the following conditions;
1. Petitioner shall comply with all city and state statures, ordinances, codes and
regulations.
2. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
3. All construction shall be done as per the plans and dimensions submitted.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Petitioner shall obtain proper street numbering from the City of Salem Assessors
Office and shall display said number as to be visible from the street.
6. A Certificate of Occupancy shall be obtained.
7. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
Variance Granted
August 15, 2001
Nina Cohen, Chairman
Board of Appeal
DECISION OF THE PETITION DONALD KING REQUESTING A VARIANCE FOR THE
PROPERTY LOCATED 12 OBER STREET
page three
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
Massachusetts General Laws 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
Massachusetts General Laws Chapter 40A, Section 11. The Variance or Special
Permit granted herein shall not take effect until a copy of the decision bearing the
certificate of the City Clerk that 20 days have elapsed and no appeal has been filed,
or that, if such appeal has been filed, that is has been dismissed or denied is
recorded in 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.
Board of Appeal
Citp of 0aremp fdazzarbuzetto
M Public Propertp Mepartment
"p 38uilbing Mepartment
One balm green
(978)745.9595 ext.380
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
March 16, 1998
Donald King
12 Ober Street
Salem, Mass. 01970
RE:12 Ober Street, Salem
Dear Mr. King:
According to the records on file in this office, it has been
determined that 12 Ober Street is a lawful, nonconforming,
grandfathered three (3) family dwelling .
This is to determine use only and in no way is meant to
confirm or deny whether said property is in compliance with all
building, plumbing, gas, electric, fire or health codes.
Sincere
Leo E. Trembaly
Zoning Enforcement Officer
LET: scm