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186 FEDERAL STREET - MCALLISTER, GEROGE & MARGARET - ZBA 186 Federal St. R-2 George & Margaret McAllister L 3 f1�i# of *Irm, ttsstttl#use##s r- m DECISION ON THE PETITION OF GEORGE & MARGARET MCALLISTER FOR A SPECIAL PERMIT FOR 186 FEDERAL ST. , SALEM ; v. A hearing on this petition was held on October 17, 1984 with tge-fotiowing Board Members present: Ed Luzinski, Acting Chairman, Messrs. , Charna fi G&Lrthier and Strout. Notice of the hearing was sent to abutters and others and rfvtices of the hearing were.,properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioners are requesting a Special Permit from the 7,500 square foot per dwelling unit requirement to allow a two family dwelling on a 9,400 square foot lot in this R-2 district. 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 nonconforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, land, structures, and uses, provided, however, that such change, extension, enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. 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. After hearing the evidence presented at the hearing and after viewing plans of the property, the Board of Appeal makes the following findings of fact: 1 . There was no opposition raised by neighbors; 2. The use as a two family is allowing in this district; 3. On site parking is available. 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 proposed use as a two family dwelling will not be detrimental to the neighborhood; 2. The proposed use is in harmony with the City's Zoning Ordinance DECISION ON THE PETITION OF GEORGE & MARGARET MCALLISTER FOR A SPECIAL PERMIT FOR 186 FEDERAL STREET, SALEM page two Therefore, the Zoning Board of Appeal, -voted unanimously to grant the petition the requested Special Permit from lot size to allow conversion from a one family dwelling to a two family dwelling on a 9,400 sq. ft. lot under the following terms and conditions: 1 . A Certificate of Occupancy be obtained prior to renting. SPECIAL PERMIT GRANTED Scott E. Charnas, Secretary A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK r �md IF ANY. SHAH BE MADE PURSUANT TO SECTION 17 OF THE MASS. APPC:.L f�"D��' THIS D.13 " ' ,.A . ALL 6`- FILED 171THIN 29 DAYS AFFER THE DATE OF FILING .i Lr; 5 C. r „F Tuc CITY CL PK ;CE C9 �Pc ,L PEP";11T Cc i SE. i�! 11. TP �� ,-RT LF iri{� t,.Cc� 1 4SCS CT r cc iHc of u ih.D , h e FILED. IS i r - C - WE CF 7NE F.EC%','-=D I:• ,IS RECORDED AR7 NOT cI LK 111; UJJN cRS CERTIf ICA�E Or TIi LE. OF RECORD OR BOARD OF APPEAL c N� � r T. x S _ m m L L0 TO k, 0E U R,V CSL A [k%'. � j 9 40G = 7 Z4 r i_ ,I i _ J :1 I 4LI �� _70 c 186 FEDERAL STREET Salem, Massachusetts George & Margaret McAllister 1 hereby certify that the premises shown on this plan is not Setbacks shown I herby certify that the Building(s) on this plan is/ located within a flood hazard area as shown on Department on this plan are approximately as shown hereon and that it compl; zoning laws of-the Town/ ity o) ftl i- M.U.D. Federal Insurance Administration Maps. for the deterMina- ,� ;when constructed. -�---. ;J . ption of zoningBy � l Community Number ----r--r— requirements Registered ProfessionalAngineer Iden tieatlan-Dale I ( only. - _ -- 1 t `} County Deed Reference Register Professional Engineer RObE[ZT M. CTI & ASSOCIATES " Book Page_ r INC. scale: I = '� CIVIL ENGINEERS • SURVEYORS Plan Relerence 418baidcresz. loucll Mnss. 01850• (617)452-6510 date: 12,2 gook _ _ Plan_ , i " '• Tf17 II{ c�IPTTT� C55c�L��Li5Pff5 aarD of CAPsea1 <W TO THE BOARD OF APPEALS: The Undersigned present that he is are the owners of a certain parcel of land lord ted --at NO. . . . . . . . . . . . . .Federal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning District. ' 2 and said parcel is affected by Section(s) Vi. Zoning•OMdiraance of the Massachusetts State Building Code. Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A. 1 of the Zoning Ordinance. Direct Appeal iyY CRSS'© �d T � N y The Application for Permit was denied by the Inspector of Buildings for the following reasons: Direct Appeal The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief nay be granted without substantially dero- gating from the intent and purpose of the Zoning Ordinance and Building Code for the following reasons: Asking for a variance from the 7,500 sq. ft. per dwelling unit and allow for two family on a 9,400 sq. ft. lot. Address. .l6. . �RA!? . . - S Telephone. 7/� & . . . . . . . . Petitioner. .�'Y�� Address. Date. ..-3 . . . . . . . . . . . . Telephone. .((a l.Z� . . .y.y:. 3�1.�. . . . . . . . . By. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Three copies of the application must be filed with the Secretary of the Board of Appeals with a check, for advertising in the amount of. . . . . . . . . . . . . . . . . . . . . . * . . four weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News.