31 FLINT STREET - ROSS, JOHN & MARJORIE - ZBA 31 Flint St. R_z
John & Marjorie Ross
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of �$ttlem, gagenChusetts
Poara of '4peal
CITY CLEt;NS URIC
SALEM, MASS.
DECISION' ON THE P%IiTIO:" O JOliiv 4 i: i F:SSS
FOR A SPECIAL PERMIT FOR 31 FLINT STREET
P_ hearing on this petition was held February 18, 1987 %,lith the following
Eoard Members present: James Hacker, Chairman; Messrs. , Luzinski,
Strout and Associate Members Labrecque and Dore. 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.
Petitioners, owners of the property, are requesting a Special Permit
and variance from parking to convert a single family dwelling into a two
fe,mily dwelling 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
ncnco.-,forming structures, and for changes, enlargement, {
,;xtersicn or expansion of nonconforming lots, land, structures, and
uses, provided, however, that such change, extension, enlargement
cr expansion shall not be substantially more detrimental than
the existing nonconforming use to.the neighborhood.
in _-:ore general terms, this Board is, when reviewing Special Permit requests,
Ruided by the rule that a Special Permit request may be granted upon a finding
cy the Board that the granting of the Special Permit will promote the
p_:blic. hcaith, safety, convenience and welfare of the City's inhabitants.
The Variance which has been requested may be granted upon a finding of
the Board that:
a special conditions and circumstances exist which especialh,
affect the land, building or structure involved and which are
of �en.eraliy affecting other lands, buildings and structures
in the same district;
b. Iiterai enforcement of the provisions of the Zoning Ordinance would
involve. substantial hardship, financial or otherwise, to petitioner;
C. desirable relief may be granted without substantial detriment to
tl:e public good and without nullifying or substantially derogating
f_oa,. the intent of the district or the purpose of the Ordinance.
'i_i:e Board of Appeal , after careful consideration of the evidence presented
rr_�d after -iew i;g the Flans, makes the following findings of fact:
There was no neighborhood opposition to the plan.
The kart' councillor spoke in favor of the plan.
3. The si tet r. room home was formerly used as a two family .
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 Special Permit requested can be granted without substantial
detriment to the neighborhood and will not substantially derogate from
the intent or purpose of the Ordinance; s
2. Literal enforcement of the Ordinance would involve substantial
hardship to the petitioners; and
3. Special conditions exist which affect the building involved but
do not generally affect other buildings in the same district.
s Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to
_ grant the Variance and Special Permit requested. Relief is granted subject
to the following terms and conditions: _
i
1. The proposed construction shall conform to all applicable
- provisions of the Massachusetts State Building Code,
Salem Fire Prevention Code, Salem City Ordinances and
Massachusetts General Laws relative to fire safety; and
2. A building permit be obtained and a Certificate of Occupancy.
GRANTED.
Pet A. Dore, Associate Member
Board of Appeal
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PETITION FOR SPECIAL PERMIT AT
31 Flint Street
SALEM, MASSACHUSETTS
We, the undersigned, have reviewed:
1 . the Application of John R. Ross and Marjorie J. Ross ,
owners of 31 Flint Street, Salem, Massachusetts for a
proposed special permit to convert the use of this property
from a one-family dwelling to a two-family dwelling; and
2 . the plans to be submitted at the scheduled hearing of the
Salem Board of Appeals on the Application; and
we support the grant of this special permit by the City of Salem
Board of Appeals .
NAME (SIGNATURE) NAME (PRINT) ADDRESS
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SPPERMIT/ROSSl
CARTER & TOWERS ENGINEERING CORP.
JcurrRet�a, �ocuzaeLazd fe
Joseph D. Carter
Professional Engineer 6 FAIRVIEW AVENUE
Registered Land Surveyor SWAMPSCOTT, MASS. 01907
Tel. 592-8386
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14 10 John and Marjorie Ross
MORTGAGE SURVEY aw
31 FLINT STREET IhN*certifytWIbe"examined
SALEM O KA _ Nro vonfts and alt easements,
1" 304
DATE: —11-25-86 enaae and buildings are
DATE:
bcdted 06 Me ground as shown. I
further 00tt ly that the buildings♦shorn
cmdormed to the zoning Iaws of
Salem, MA when constructed.
I.hyft certify that this structure
is not located In the
esba6Oded flood hazard
aEaa-
NOTE: This certification is based on the JOeeph R Carter RLS. #9387
location of survey markers of others, an
does not represent a property survey, This Certificate does not include
To be used for trortgsge Purposes shrubs. fences, walls or drive.
wan as they do not necessarily
Indicate property line.
4—CIVIL/ENGINEERING PERCOLATION TESTS SEWAGE DISPOSAL DESIGNS SURVEYING