78 BEAVER STREET - ENG, HARRY - ZBA 78 Beaver St. R-2
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-- - - Harry Eng
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Ct7 of 'Salem, ffl. assachusetts
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s' oara of FFIR 210
DECISION ON THE PETITION OF HARRY ENG FAiA,.VARIAkE' ' tCF
AND SPECIAL PERMIT FOR 78 BEAVER STREET, SALEM
A hearing on this petition was held February 15, 10,84 with the following Board
Members present: James, Hacker, Chairman; Messrs., Charnas, Luzinski and
Associate Member Bencal. Notice of the hearing was sent to abutters and others
and notices of the hearing were properly published in the Salem Evening Nei-is in
accordance with Massachusetts General Laws Chapter 40A.
Petitioner requests a Variance from minimum lot area, density and rear setback
requirements and a Special Permit to construct two- dwelling units in this R-2
district, all as set forth in his petition.
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 in-
volve 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 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 noncon-
forming lots, land, 'structures, and uses, provided,
however, that such change, extension, enlargement or
expansion shall notlbe substantiallymore 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 the
plans, the Board makes the following findings of fact:
1 . The Salem Fire Department, would have no difficulty reaching the-
premises in any emergency,particularly if a portion of Beaver St.
were changed to a "NO PARKING - TO14 ZONE" area;
DECISION ON PETITIONER OF HARRY ENG FOR A
VARIANCE AND SPECIAL PERMIT FOR 78 BEAVER ST.
page two
2. The back end of the premises slopes off violently, and does not lend
itself to econcomically feasible developement within the confines of
the Zoning Ordinance;
3. The topography of the lot is unique to the district;
4. The current use of the premises by third parties - illegal dumping
of trash - would cease upon the ocnstruction of the units envisioned
by petitioner; '
5. The construction of these four units on the premises would not
substantially exacerbate any parking problems in the neighborhood.
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 . Literal enforcement of the Zoning Ordinance would create a
substantial financial hardship on petitioner;
2. There are special conditions which affect the lot and which are
unique to and do not generally affect the district;
3. The relief requested can be granted without substantially derogating
from the intent or purpose of the Zoning Ordinance and without
substantial detriment to the public good_
Therefore, the Board of Appeal voted unanimously to grant the Variances and
Special Permit requested as set forth in the petition and plan submitted to
to the Board, 'provided that:
1 . A six foot fence be erected at that edge of the premises which
which abuts 74 Beaver Street;
2. A portion of Beaver Street be made a "NO PARKING-TOW ZONE" area, the
extent of which is to be left to the discretion of the City Council;
3. Grading of the oremises be done so that the flow of water is away
from Beaver Street; and
4. No more than two vehicles be parked on the edge of the property
abutting Beaver Street Court.
VARIANCES AND SPECIAL PERMIT GRANTED 2 o'
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,1Fr t^ THIS CcChi09, !r A'.Y. SHALL BE MADE PURSUANT TO SE Tf0i7 1T t TP' SAS --, N
C-4APi G. M, AND SHALL BE FILED %7ITHIN 20 DAY ATE c FI "" g ie4is-«est=� �C =
.. ::!:S CEC;S ON III THE OFFICE OF THE CITY CLERK. Scott E. Charnas, Acting Secretary
:F'7 'iC ( A3S. :E:!.R;l 'A:;S. CHAPTER 808..SECTION ii. THE VARIANCE OR SPECIAL PE3d!!T
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i[J i:EH'.iil. SH."'Vi"_'i T'KE EFFECT UNTILIA COPY OF THEOECISION. BEARi,".O TF.E `:n-
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I - p THE C .LLGt. T:'.d 20 DAYS HAVE ELAPSED A%D NO APPEAL HAS BEE: F--El
C-: ._-r. ,"; c,^PE:,L HAS BEEN FILE. THAT IT HAS BEEN DISMISSED OR DE:.":ED IS � -
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Ti.: "" Mi ESSEX, REGISTRY OF DEEDS AND INDEXED UNDER THE NAL:E GF Tri--
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n=E-RS CR IS RECO?DE, AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPZ:E "
A COPY OF THIS DECISION AND PLANS HAVE BEEN FILED WITH THE PLANNING BOARD
AND CT CLERK