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DECISION ON ThF'E PETITION._OF MARY ADAMS & VINCENT DOWD FOR
A VARIANCE FOR 24 OCEAN AVE. (R-1 )
A hearing on this petition was held August 5, 1987 with the following Board Members
present: James Hacker, Chairman; Messrs. , Fleming, Luzinski and Associate Me,:,bers
Dore and LaBrecaue. 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 Chatter 40A.
Petitioners are requesting Variances from use and parking to allow an existing
two family which is located in an R-1 district.
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 involy<
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, makes the following findings of fact:
1 . Building has continuously been occupied as two family since
the early 19601s;
2. Petitioner has owned property since 1984;
3. Assessors lists dwelling as a three family;
4. Real Estate Agent represents property as a two family;
5. Bank granted mortgage as two family;
6. No neighborhood opposition;
7. Property has been sold twice in the past few years as a two family;
8. Two electic meters are in tact and in use;
9. Many other two family homes currently exist in the immediate area.
a DECISION ON THE PETITION OF MARY ADAMS & VINCENT DOWD FOR
A VARIANCE FOR 24 OCEAN AVE. , SALEM
page two
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property
but not the district generally;
2. Literal enforcement would work a substantial hardship on the petitioner;
3. The relief 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 relief
requested on condition the property be owner occupied.
VARIANCE GRANTED
✓/lames B. Hacker, Chairman
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 MASS.
GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PUBSANT TO MASS. GENERAL LAWS. CHAPTER 808. SECTION 11. THE VARIANCE OR SPECIAL PERMIT
GRANTED HEREM. SHALL NOT TAKE EFFECT UNTIL A COPY OF THEDECISION, BEARING THE Cm.
FI CATION OF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED.
OR THAT, IF SUCH AN APPEAL HAS BEEN FILE. THAT IT HAS BEEN DIS:!ISSEO OR DENIED 1S
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE N'A11E OF THE OI�'NER
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
BUILDING DEPTRbbERT E. O'CONNOR
29 OCEAN AVENUE
SALEM. MASS.
DEC I I 9 07-AW75
RECEIVED
CITY OF SALEM,MASS.
December 10, 1975
Mr. John B. Powers
Building Inspector
City of Salem
One Salem Green
Salem, Mass.
Dear Sir:
I would like to report that the real estate at #24
Ocean Avenue was sold recently to a Mr. Lawrence
J. Green.
I understand that the new owner plans to construct
an apartment in the cellar. Also the present
arrangement provides rentals on the third floor to
non-family tenants and there are no front and rear
exits as required.
Very truly yours,