23 BEACH AVENUE - GRAYTON, JOS & CAROLE - ZBA 23 Beach Avenue RR-1 i
Jos, & Carole Grayton
(Owners)
Kallis & Teirney (petition)
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PiDurb of (�kpffA '83 FEB 16 A9 :39
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AMENDED DECISION ON THE PETITION OF ROBERT KAK�YA�I� JOHIQ ;"(I 1Q EY
FOR A SPECIAL PERMIT TO CONVERT 23 BEACH AVEN IVX9 T}IREESCONDOMINIUM UNITS
it
A hearing on this Petition was held -on January 26,1983, with the following Board
Members present:. Mr. James Hacker, Chairman; Messrs. Hopper and Piemonte and
Associate Member Luzinski. Notice of the h hearingwas sent to abutters and others
s
and published in the Salem Evening News in accordance with Massachusetts General
Laws Chapter 40A.
The Petitioner has requested a Special Permit to convert the existing three family,
dwelling at this property into three condominium units.
This proposed condominium conversion is covered by the terms of the City of
Salem's Condominium Conversion Ordinance. The Special_ Permit that has been j
requested may therefore be granted only upon a
finding by the Board of Appeal. j
that (1) the grant of the Special Permit will not adversely impact upon the
City's existing stock of rental units for low and moderate income families
and elderly people on fixed income, 1(2) that the grant of the Special Permit
is not contrary to the City's MasterjPlan, and (3) the grant of the Special. Permit
will not have an adverse effect on the neighborhood.
The Board of Appeal, after considering the evidence at the hearing; and after
viewing the property makes the following findings of facts
1) The building at this location is, suited for conversion into three condominium. u n its .
2) The proposed conversion of this property to three condominium units in no way
conflicts with the Master Plan of the City of Salem.
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3) The conversion of the property to condominiums will have negligible impact on the
existing stock of rental units in the City of Salem for the elderly and for,
families of low and moderate income.
4) The conversion of the property to three condominium units will not have an
adverse impact on the area.
On the basis of the above findings of fact and on the evidence presented at the public
hearing, the Board of Appeal by a unanimous vote concluded that the proposed condominium
conversion is in harmony with the condominium conversion ordinance of the City of Salem.
Accordingly, the Board voted in favor of granting the requested Special Permit in
accordance with the following terms and conditions:
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AMENDED DECISION ON THE PETITION OF
ROBERT KALIS AND JOHN TIERNEY + s
FOR A SPECIAL PERMIT TO
CONVERT 23 BEACH AVENUE INTO
THREE CONDOMINIUM UNITS
Page 2
January 26, 1983. � , ..
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1) Occupancy of the units shall be limited to families as that term is
defined in the Salem Zoning Ordinance.
2) A Certificate of Use and Occupancy shall be issued prior to .the sale
of these units.
3) The Petitioners will not be required to allow six months to elapse
before commencing work in furtherance of the condominium conversion:
i
qtony M. ,Feeher y
�ecretary -
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A COPY OF THIS DECISION & PLANS HAVE BEEN FILED WITH THE PLANNING BOARD & CITY CLERK
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s• F,r'.%:E' �I � o cTIE1117 �C SFTC L28E �S
a� � . V Poara of Apped
83 FEB -8 AIO :18 .
DECISION ON ,THE PETITION OF ROBERT KALIS AND JOHN TIERNEY
CITY CL F;i 'S Q f6C�ONVERT THE PROPERTY AT 23 BEACH AVENUE TO THREE CONDOMINIUM UNITS
SAI ti':
A hearing on this Petition was held on January 26, 1983, with the following
Board Members present: James Hacker, Chairman; Messrs Hopper, Piemonte and
Associate Member Luzinski. 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.
This proposed condominium conversion is covered by the terms of the City of
Salem's condominium conversion ordinance. The Special Permit that has been %
requested may therefore be granted only,upon a finding by the Board of Appeal
that (1) the grant of the Special Permit will not adversely impact upon the
City's existing stock of rental units for .low and moderate income families and
elderly people on fixed incomes, (2)that the grant of the Special Permit is
not contrary to the City's Master Plan, and (3) the grant of the Special Permit
will not have an adverse effect on the neighborhood.
The Board of Appeal, after considering the evidence at the hearing, and after
viewing the property makes the following findings of fact:
1. The property in question is suited for conversion into three condominium units.
2. The proposed conversion of this property to three.condominium units in no way
conflicts with the MasterlPlan of the City of Salem.
3. The proposed conversion of this property to three condominium units will not
have an adverse effect on: the neighbors.
On the basis of the above findings of fact and on the evidence presented at the
public hearing, the Board of Appeal by a unanimous vote concluded that the proposed
condominium conversion is in harmony with the condominium conversion ordinance of
the City of Salem. Accordingly, the Board voted in favor of -granting the requested
Special Permit in accordance with the following terms and conditions:
1. Occupancy of the units shall be limited to families as that term is
defined in the.S.alem Zoning Ordinance. . -
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2. A Certificate of Use and Occupancy shall be issued prior to the sale of these unit;
3. Because the building had iesidential'tenants at the time this petition was
filed the-Petitioners will be required to allow 6 months to elapse before -
commencing work in furtherance of the condominium conversion.
_APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION ALL BE FILED WITHIN�Q0 DAY17 OF P,1
GENERAL LAin, CHAPTER 808, AND SHS.AFTER THE DAT OF '0
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. r
Pu"SA l7T TO fiiASS. GEN EP.AL LAPIS, CHAPTER 808, SECTION lE, THE VARIANCE 0P, .ECl�thon7y M. Fe berry
C12AWEB HEREVI. SHALL N0T TAKE EFFECT UNTIL A COPY OF THEDECISIX., B . IND TH Lar
FICAT:0N OF THE CIT/ CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL AS BEEPI y .
CR TH;T IF �6�S �TIMM BM1DI3nEDoW1THEDTAE PLANNING BOARD AND CITY CLERK
A CQ 'DRQ '' ' ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE ONNER
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE -
BOARD OF APPEAL -