34 PEABODY STREET - BUILDING JACKET � �� 6o�r. s� ,
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Poxrb of �ppeal
CITY `_�r�.1 f.•.: 'tN,M,AbS
DECISION ON THE-PETITION;O_F_ FREDERICK D. SMALL FOR
VARIANCE AT 34 PEABODY ST. (1173)
A hearing on this petition was originally held on August 20, 1986 and continued until
August 27, 1986 with the following Board Members present: Edward Luzinski, Vice
Chairman; Richard Bencal, Secretary; Peter Strout and Associate Member Peter Dore.
Petitioner, owner of the property, requests variances from minimum lot size, minimum
lot area per unit, maximum lot coverage, minimum front yard depth, minimum side yard
width, minimum rear yard depth, maximum building height and parking in order to
construct a four (4) story twenty four (24) unit apartment building in this R-3 zone.
The variances which have 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 petitioner; and
— 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 hearing the evidence and after viewing the plans presented
at the hearing, makes the following findings of fact:
1 . Both support and opposition was voiced at the original hearing;
2. The lot in question is 8,600 square feet, vacant and thus unique
to the district;
3. The addition of residential housing is beneficial to the City.
4. The majority of the buildings in this area are multi-family type.
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 this lot which do not general affect
the district;
2. Literal enforcement of the Ordinance would work a hardship upon petitioner;
3. The variances can be granted without substantial detriment to the public
good and without substantially derogating from the intent and purpose
of the Ordinance.
DECISION ON THE PETITION OF FREDERICK D. SMALL FOR
VARIANCES FOR 34 PEABODY ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the following
Variances subject to the conditions that follow the variances:
1 . Minimum lot size from 25,000 square feet to 8,600 square feet;
2. Lot area per dwelling unit from 3,500 sq.ft. to 358.3 sq. ft. ;
3. Maximum lot coverage of 35% to 95%;
4. From front yard depth of 15 ft. to 0 foot depth;
5. From side yard width of 20 ft. to 0 foot width;
6. From minimum rear yard depth of 30 ft. to 0 foot depth,
7.. From maximum building height of 312 stories to 4 stories;
„
8. From minimum parking requirement fo 36 spaces to 31 spaces
maintained on site.
Conditions:
1 . Twenty four (24) apartment units can be built;
2. Thirty One (31 ) parking spaces must be maintained on site for
the sole use of the tenants at 34 Peabody St. ;
3. A legal building permit must be obtained;
4. A Certificate of Occupancy must be obtained;
5. Must comply with all fire codes,both local and state;
6. . Must comply with all buildings codes, both local and state;
7. All aspects of the plan submitted must be adhered to.
VARIANCES GRANTED
1�ichard A. Bencal, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FKI!, THIS DECISION. IF A.NY. SHALL BE L1.4DE PURI--ANT TO SECPON 17 OF THE
CEdERAL LAUS. LI:APTER C..J. AND SH?11 EE F ED P;ITS!.' ^D OMSAriER T'E DATE OF F...
0E THIS DE:.!S:ON IN THE OSFI::E CF TFi: CITY CLERK.
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OF RECORD OR IS k:-LfnRDED ANJ i�DTED G:( idE O�IHERS ZERTiRCd-::E GF TIi E.
BOARD OF APPEAL
CONTRACTING - REAL ESTATE RENTALS
125 IPSWICH ROAD
TOPSFIELD, MA 01983
817-887-5177 •.
P1ECE1`�=0
CITY OF St:ual'.:'hSS.
October 16 , 1985
4
To Whom it May Concern :
Please be advised that the property located at
14-18 Peabody , 20-22 Peabody andf34Peabody St' reetI are
currently in the process of undergoing—extensive—repairs
due to numerous health code violations . All work will
continue until the violations are remedied and the buildings
are brought up to standards .
Sincerely , �Q
Frederick D . Small
Owner
FDS/dit