19 BECKET STREET - SPECTOR, MICHAEL - ZBA 19 Becket St. R-2
Michael Spector
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DECISION ON THE PETITION OF MICHAEL SPECTOR FOR A VARIANCE AND
SPECIAL PERMIT AT 19-21 BECKET STREET (R-2)
A hearing on this petition was held December 7, 1988 with the following Board
Members present: James M. Fleming, Chairman; Messrs., Bencal, Nutting, Strout
and Associate Member LaBrecque. 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.
The petitioner, owner of the property, represented by his Attorney John Serafini Sr -
is requesting Special Permit and Variances for these properties. A Variance
from density on both properties-and--"pecial Permit to allow a second-unit at - --
19 Becket St. and to utilize a driveway between both properties for the purpose
of access to the rear parking area.
This request had been previously denied because the Board of Appeal felt the
driveway was too small to be utilized as an access driveway. The petitioner
appeared before the Planning Board and requested permission to resubmit his
-application to-the Board of Appeal within the two years from first _denial..The -
planning Baord, after a hearing, voted unanimously that there was a substantial--
change
ubstantial--change in the plans and voted to authorize petitioner to file with the Board of
Appeal. The Board of Appeal, after consideration of the all the facts voted
unanimously to go forward with the public hearing on the basis that there was a
substantial change.
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, lands, 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.
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;
'All
i
/J DECISION ON THE PETITION OF MICHAEL' SPECTOR FOR A VARIANCE AND
SPECIAL PERMIT AT 19-21 BECKET STREET, SALEM
b. literal enforcement of the provisions of the Zoning Ordinance would involve
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 Board of Appeal, after careful consideration of the evidence presented and
after viewing the plans, makes the following findings of fact:
1 . Petitioner obtained an easement from his neighbor and was therefore
able to provide a driveway 14 feet wide;
2. There will be a total of parking spaces in the rear;
3. There was neighborhood support for the plan.
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 especially affect the subject but not the
- district generally;--- - —
2. Literal enforcement of the provisions of the ordinance would work a
substantial hardship on the petitioner;
3. The relief requested can 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.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief
/ requested, subject to the following conditions:
g 1 . Parcel A easement be maintaiend;
A 2. Six (6) legal parking spaces with correct turning radius & corridor space
be maintained;
3. Building Permit and Certificate of Occupancy be obtained;
4. Comply with Fire Department requirements;
5. Construction be done as per plans submitted;
6. Existing tree in the rear be maintained;
7. Exterior finishes to conform with existing finishes.
GRANTED
Peter Strout, Member, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
DECISION ON:THE PETITION OF MICHAEL SPECTOR FOR A VARIANCE AND
SPECIAL PERMIT AT 19-21 BECKET ST. , SALEM
page three
Appeal from this decision, if any, shall be made pursuant
to Section 17 of the Mass. General Laws, Chapter 808, and
shall be filed within 20 days after the date of filing of
this decision in the office of the City Clerk.
Pursuant to Mass. General Laws, Chapter 808, Section II,
the Variance or Special Permit granted herein, shall not
take effect until a copy of the decision, bearing the
certification of the City Clerk that 20 days have elapsed
and no appeal has been filed, or that, if such an appeal
has been filed, that it has been dismissed or denied is
recorded in the South Essex Registry or Deeds and indexed
under the name of the owner of record or is recorded and
noted on the owner's Certificate of Title.
Board of Appeal
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PIAN BOOMaigsPLAN41 �
e PLAN AT LAND
AT
,.•. ��,� 9 NOS 17, 19 & 21 BECKET ST.
IN
'�♦� rg a� SALEM, MASS.
For 4a9lotry Un OnlrMA.v
27, 1988 SCALE 1'=15'
.m Ceye ena Lnd Starayen, loo. GRAPBW SCAIL
o� 1 Den= 1Ga
Ntt�� IS 0 IS ]0 e0
\ pb
� ltrlml
LOT 2\
5,023 sq. ft.
LOT 1
5,680 sq. ft. e '�
440t
FF t
Pcl B
\\ �� 93 sq. ft.
LOT 3 X
9.939 9q. ft i \J{ S ? e7 b91=y1'Qy
DETAIL OF PCL B
�g NOT TO SCALE
1 W Pd B Ie to be combined with
and made port of Lot 2
�+.. EASEYLNT
e \
♦ PImnM9 Boed Appmdor Ilse
% !• S oom Cmbal Law Ir net reaobod
NOTE; (. \ 4 r♦ VpivgS SALEM PLANNING BOARD
mead B Ir to to caal od wNN and
ado pet al Lot 3
e
ASSESSORS REGISTRY Oi DEEDS OWNER / ��!S V DAM'
Plm ID Map Lot Soak Popp Nene
Lot 1 11 131 901{ 9t1 19 S et Rdtr 'mot
pd 9 41 131 9014 w 19 l oc1♦t Sbeet Rdtr T of
1st 2 11 in 11993 IH 2f Soah t StreetRdty Trvot (L I cetIty the th4 plm canfa a to the
Lot 3 41 130 W9e 203 Pa A Ghn.of d CY'J RWa me Re9olatNno of no Rooster of Deoda.
e11 A 1 130 St" 203 PM fc A Ldlln3 d d 'a
88010389: 6560
„ , ^ r�eocrueme outrcu,r been
'77"" tcwo roar, tea
,✓1 Michael 1. Spector. Trustee of 19 Becket Street Realty Trust, u/d/t dated June 9, 1987
and recorded in the Essex South District Registry of Deeds in Book 9014, Page 084
i county,Massacbumm
�t of Salem. Essex -
forco sidenuion paid,AMinfull coolideettioo of Ninety-Five Thousand and no/100
(595,000.00)Dollars /Also kMn aS Malcy A. Terry e
$tint to Michael D. Gagnon and Nancy Ann Terry. husband and wife as tenants by the
entirety
of 19 Becket Street. Salem, Massachusetts with ga(fdalm tvataanfa
IIUa+:ptios:d m.vmlertea i/rel
0
the land with the building thereon known and numbered as 19 Becket a
_m Street, Salem, Massachusetts, bounded and described as follows:
n
SOUTHWESTERLY by Beckot—SCrnat thirty-eight and 08/100
c (38.08) feet;
V
e NORTRN R52ERLy by land now or formerly of Itayden one hundred Ln
sixty-four and 67/100 .(164.67) feet; ro
uonuEASTERLY by land now or formerly of Dartkiewieoz thirty-
r
two and 00/100 (32.00) feet)
N
.: SOUTHEASTERLY by land now or fOmfout;of Spector eighty-one
o O - -- —
SOUTIIEASTERLY again, by land now or formerly of_Spector_eight _ o _
and 65/100 (8.65) feet; and o
o :
m by land now or formerly of
SoururASTERLY Spec c
again, =
17/100 (73.17) Pnet to cies
thirty-three and
?: point of beginning on Becket Strant.
r
containing approximately 5,680 square feat and being shown as
v Lot 1 on Plan of Land at Nos. 17, 19 i 21 Docket St., Hass., May
M
27, 1908, recorded with Eaaak South District Registry of Deeds in
's
Plan Book 249, Plan 67.
y
' ect to an
The premises are
conveyed togethershown on the above jroferancod
s easement for the benefit Of Lot 2,
v
w plan, and more particularly described in an Easement Agreemer. ,
.which is recorded in said Registry In Hook 9907, Pago 5.
The premises are also conveyed together with and subject toel
i
an E�seaent A9reament between 'Thomas J. Alaydcn and' Miensrecorded
Spector, Tru>tae of 19 Docket Street Realty Trust, i
herewith.
.The premises are subjoin Book 9373, al Page remit and Variance
0.
recerded with said Registry
Being the same premises conveyed tO me by deed of ltenrietta
Rawczynski dated June 9, 1907 and recorded in said Registry at DoOk
9014, Page
C PfiC��ItE9
04/04/90
TAX 433.20
CASH 433.20 ,
9726000 14'.51
(•Individual-Joint Ten.ou Tenmti in Common.) EXCISE TAX
ti �lU10389PG56 ;
r
1ltlnrq ....my.....hmd and eeel due......edbird...........dad ot...
r
I \ .......................19.90..
.� 1 I. . ...
osm.t...............
................ ....................................
. f.:. -
...................................... ........_.....
.................._.........................._.
of
Esse: SL
April 3 1990
Theo P*yXKkIU1 sfpv)rd the she Rimed Mlehsel 0. Spector, Trustee
Rod u}oodedged the fOfe8o1°8+�+nmmt to be
his fm sa aw deed,bdore me
W Indy L. yer
uP amaleiw egisa..SRpLRWIM ..Z�............ 19 93
I
I
i
II
1
CHA"EB 1e)Sec 6 AS AMENDED By UtAnU A]w IWP
E^'rP dad pmeeml fm semd WWI s od i,m bsm sndarsM upm is fbs(WI retie,rmideue and Oml ot✓m oddsns k slx Pyw
rM a PPask of lbs seouns of sbe lull<wsidssasiun Weml N dWles m she room W she ahr
for• aviea)sum.Tbr fWl soaideeioa sorrwdealar
F=bw—cowed be tb<ywsse or wmsin WW1 saw IM roW PWn (m'he comq+me v' sbeAm,J rot Miwsed -
Pilurs ro m sb000. All sab eWorsmimn W reiub (m w) lie's a
Pli—.viN rlris swim sW1 nas.Het)sbe s.l:diry of wI Aad. No rtRisre of dmds WWII sevdsd u port W die dmd g
mmpliwte.irb xbe requirammrs of rbi.sseiw. aseR•did/m 7G
rstmdinH usdes .
1
BK0I0759PG•
'+ QUITCLAIM DEED
I, Michael D. Spector, also known as Michael Spector, also -known
as Michael ,A. Spector, Trustee of . The 21 Becket Street Realty
Trust, under a , DiClaration of Trust dated May 15, 1987, and
recorded< with 8'sel ;�a,gouth District Registry of Deeds at Book
8963, Page 140, 'foi considerationof One Hundred Thirty Nine
Thousand ($139,000.00) Dollars, grant to Charles R. Armstrong -and--
Patricia K. Armstrong, Husband and Wife, as Tenants by the
Entirety, of 7 Carlton Street, Salem, Massachusetts 01970, with
QUITCLAIM COVENANTS, a certain parcel of land shown as Lot 2 on a
plan entitled, "Plan of Land of NOS. 17, 19 6 21 Becket Street in
Salem, Mass. ", prepared by Cape Ann Land Surveyors, Inc. , Dan-
vers, Mass. , dated May 27, 1988, Scale: 1 " = 15' , and recorded
with Essex South District Registry of Deeds in Plan Book 249,
Plan 678 being more particularly bounded and described as fol-
lows:
PARCEL I:
co
SOUTHWESTERLY by Becket Street, as shown . on said plan, 27. 11
feet;
NORTHWESTERLY by Lot 1 , as shown on said plan, 33.17 feet; -
More WESTERLY by- Lot-1 ,-as shown-on-said-plan, 8.65 feet; F
NORTHWESTERLY by Lot 1 , as shown on said plan, 38. 65 feet, and N
81 . 10 feet;
NORTHEASTERLY by land now or formerly of Joubert, as shown on
said plan, 32.00 feet;
SOUTHEASTERLY by land now or formerly of Savickey and Mizioch, as
shown on said plan, 119. 00 feet; o
0
NORTHEASTERLY by land now or formerly of Mizioch, as shown on o
said plan, 16.00 feet; N
N
SOUTHEASTERLY by land now or formerly of Mizioch, as shown on rn
said plan, 50. 00 feet.
Containing 51023 square feet, according to said plan.
The address of the property is 21 Becket Street, Salem, Massa-
chusetts.
The premises are subject to a Special Permit and Variance
recorded with said Registry of Deedsd at Book 9873, Page 370.
The premises are conveyed together with and subject to an ease-
ment for the benefit of Lot 2, as shown on the above-described
plan, and more particularly described in an Easement Agreement
which is recorded with said Registry of Deeds at Book 9907, Page [
5.
BKOI0759PG338 r�
The premises are also conveyed together with and subject to an
Easement Agreement between Thomas J. Hayden and Michael A. Spec-
tor, Trustee of 19 Becket Street Realty .Trust, recorded with said
Registry of Deeds at Book 10389, Page 558.
)WOVENOWL :
de .
Being the same premises conveyed to the Grantor by Deed of David '`
E. Williams, et al, dated May 14, 1987, and recorded with said
Registry of Deeds at Book 8963, Page 144.
PARCEL II:
Parcel B shown on a plan entitled, "Plan of Land of NOS. 17, 19 & -
21 Becket Street in Salem, Massachusetts", prepared by Cape Ann
Land Surveyors, Inc. , Danvers, Mass. , dated May 27, 1988, Scale:
1 " = 15 ' , and recorded-wi-th—Essex—South - District Registry of
Deeds in Plan Book 249, Plan 67, said Parcel B containing 93
square feet, as shown on said plan.
Being the same premises conveyed to the Grantor by Deed of
Michael D.—Spector _TrUustee of-1"9, -Becket street Realty Trust,
- - -dated-Apri-1-12, 1-991 ,t and recorded herewith.
Witness my hand and seal this 12th day of April, 1991 .
The 21 Becket Street Realty Trust
By:
Michael D. Spector, Trustee
COMMONWEALTH OF MASSACHUSETTS
i
ESSEX, SS. April 12, 1991
Then personally appeared the above-named Mic ael D. Spector,
Trustee, and acknowledged the egoing in trument to be
his free act and deed, before me,
ry A. Lucas, Jr. , Notary Public
0 My mmission Expires: 6/21 /96
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BK009907PG005 -7`ly
PLM
�„ �*s Acaoe�exr
we, pATRICR A. COLLINS of 17 Becket Street, Salem, Essex —
County, Massachusetts and JOBN J. COLLINS of 80 Magnolia Road, _
' Manchester, New Hampshire, for consideration paid and in full
l
+ MICHAEL rAt1SPECTORTaB T;u stee of(210 BECKET
0
STREET1 REALTY TRUST' -
u/d/t dated May 15, 1987 and recorded 9e 140
Ease,,
with[QU District
Registry of Deeds -
at Book - 8963,
COVENANTS, a psrpetualrigbt and easement oveltassachusettsf land
owned by the Grantors in Salem, Essex County,
The easement area consists of a parcel of the Grantors' land
d herewith, entitled 'Pian of Land
shown on a plan, to be recorde
at NOS 17, l9, and 21 Becket street in Salem, Massachusetts,
Inc., Danvers, Mass., Scale 1' plan, s
Cape Ann Land Surveyors, on the p .o
May 27, 19880, said parcel shown as Parcel A
m
containing 440 square feet. - as
use
Of
Said easement granted for the exclusive and benefit';on said plan,
N
--- the land belonging to the Grantee, shown as+,Lot 2 r
pedestrian from the Grantee's 's
for vehicular and p travel to and_ I FS
property' -- 0nsible for all n�
agreed that the Grantee is resp ,y
It is hereby g, or to the__creation,
costs in connection wofhsaid easement, including- but not-
connection
rep the easement parcel of
limited to the erection of a fence along
t type and design satisfactory to the Grantor and Grantee.
d -- - - - --
For Grantors—title, see deed of Richard McPhee, at ux, and
Brian or Leahy, et ux dated Apiil 10,.1988 and recorded at Essex_c=___
of-Deeds-ai_Hook 8198 page 203.- c
South District Registry- _ - o
IN WITNESS WHEREOF, we hereunto execute our hands and seals
thi� 16th day of February. /�(� r1 . m
—
ILL
y w PATRICK A, COL INS ^'[�
WITNESS TO gOT�
JJ N J. COL INS
COMMONWEALTH OF MASSACHUSETTS
i
February 16, 1989 -
F ESSEX, ss.
Then personally appeared before me, the above-named PATRICK
z z A. COLLINS and acknowledged the foregoing instrument to be his
free act and deed.
w o NOTARY PUBLIC
My Commission Exp
i
I)
i
4
,en,enigb
y �Tt J Df Salem, 4Ha59ar4USZff9
DECISION ON THE PETITION OF MICHAEL SPECTOR FOR A VARIANCE AND
SPECIAL PERMIT AT 19-21 BECKET STREET (R-2)
A hearing on this petition was held December 7, 1988 with the following Board
Members present: James M. Fleming, Chairman; Messrs. , Bencal, Nutting, Strout
and Associate Member LaBrecque. 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.
The petitioner, owner of the property, represented by his Attorney John Serafini Sr.
is requesting Special Permit and Variances for these properties. A Variance
from density on both properties and a Special Permit to allow a second unit at
19 Becket St. and to utilize a driveway between both properties for the purpose
of access to the rear parking area.
This request had been previously denied because the Board of Appeal felt the
driveway was too small to be utilized as an access driveway. The petitioner
appeared before the Planning Board and requested permission to resubmit his
application to the Board of Appeal within the two years from first denial. The
planning Baord, after a hearing, voted unanimously that there was a substantial
change in the plans and voted to authorize petitioner to file with the Board of
Appeal. The Board of Appeal, after consideration of the all the facts voted
unanimously to go forward with the public hearing on the basis that there was a
substantial change.
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, lands, 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.
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;
3
DECISION ON THE PETITION OF MICHAEL SPECTOR FOR A VARIANCE AND
SPECIAL PERMIT AT 19-21 BECKET STREET, SALEM
page two
b. literal enforcement of the provisions of the Zoning Ordinance would involve
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 Board of Appeal, after careful consideration of the evidence presented and
after viewing the plans, makes the following findings of fact:
1 . Petitioner obtained an easement from his neighbor and was therefore
able to provide a driveway 14 feet wide;
2. There will be a total of parking spaces in the rear;
3. There was neighborhood support for the plan.
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 especially affect the subject but not the
district generally;
2. Literal enforcement of the provisions of the ordinance would work a
substantial hardship on the petitioner;
3. The relief requested can 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. ,
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief
requested, subject to the following conditions:
1 . Parcel A easement be maintaiend;
2. Six (6) legal parking spaces with correct turning radius & corridor space
be maintained;
3. Building Permit and Certificate of Occupancy be obtained;
4. Comply with Fire Department requirements;
5. Construction be done as per plans submitted;
6. Existing tree in the rear be maintained;
7. Exterior finishes to conform with existing finishes.
GRANTED
Peter Strout, Member, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
DECISION ON THE PETITION OF MICHAEL SPECTOR FOR A VARIANCE AND
SPECIAL PERMIT AT 19-21 BECKET ST. , SALEM
page three
Appeal from this decision, if any, shall be made pursuant
to Section 17 of the Mass. General Laws, Chapter 808, and
shall be filed within 20 days after the date of filing of
this decision in the office of the City Clerk.
Pursuant to Mass. General Laws, Chapter 808, Section II,
the Variance or Special Permit granted herein, shall not
take effect until a copy of the decision, bearing the
certification of the City Clerk that 20 days have elapsed
and no appeal has been filed, or that, if such an appeal
has been filed, that it has been dismissed or denied is
recorded in the South Essex Registry or Deeds and indexed
under the name of the owner of record or is recorded and
noted on the owner's Certificate of Title.
Board of Appeal
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CITY CLERK.SALEW.MASS,
DECISION 014 THE PETITION OF MICHAEL SPECTOR FOR A VARIANCE
AT 19 BECKET ST. (R-2)
A hearing on this petition was held May 27, 1987 with the following Board Members
present: James Hacker, Chairman; Messrs. , Bencal, Fleming, Luzinski and Strout.
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.
Petitioner, owner of the property, is requesting a Variance to allow property
which does not meet density and setback requirements to be converted to a two
family dwelling. The property is located in an R-2 district.
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 involve
substantial hardship, financial or otherwise, to the 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 careful consideration of the evidence presented at the
hearing, and after viewing the plans, makes the following findings of fact:
1 . There was neighborhood opposition;
2. The driveway, which is a common driveway between 19 & 21 Becket
Street, does.not meet the requirement of the ordinance, 12 feet.
3. Petitioner proposes to cut two (2) feet off the building in order
to enlarge said driveway, however, the driveway would still be
too narrow.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . Special conditions do not exist which especially affect this property
and not the district generally;
2. Literal enforcement of the Ordinance would not involve substantial
hardship to the petitioner;
3. The relief requested cannot be granted without substantial detriment
} to the public good and without nullifying or substantially derogating
I; from the intent of the district or the purpose of the Ordinance.
DECISION ON THE PETITION OF MICHAEL SPECTOR FOR A VARIANCE
AT 19 BECKET ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted four to one, 4-1 , against the
granting of the requested variances. Mr. Fleming voted in favor. The request
for a Variance is therefore denied.
VARIANCE DENIED
Peter Strout, Member, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FROM THIS DBCISF:9. A"";, SHALL BE MADE PURSUANT TO SECTION 17 OF THE
GENERAL LA';S. Cr.hR?E^ SJS. A.':D SH�.LL BE B'_Fs t':!'tilt 20 DAPS AFTER THE DATE OF FILING
OF THIS DECIS"IN if, THE U'1C 0 THE CIT) CLERK.
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- "ER E S SECT:". 11, THE VAR14 ''E OR Sp' IAL PE?':IT
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P,E(:'J i+_ED I' TH= S .H ES:.L' n_ C .. �.;D H_ -c OF THE i.l';t:
OF RECORD OR IS RECORDED VtJ NOTED ON THE OPi I(ER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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CITY CLERK,SALEM,KASS.
DECISION ON THE PETITION OF MICHAEL SPECTOR FOR A VARIANCE
AT 19 BECKET ST. (R-2)
A hearing on this petition was held May 27, 1987 with the following Board Members
present: James Hacker, Chairman; Messrs. , Bencal, Fleming, Luzinski and Strout.
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.
Petitioner, owner of the property, is requesting a Variance to allow property
which does not meet density and setback requirements to be converted to a two
family dwelling. The property is located in an R-2 district.
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 involve
substantial hardship, financial or otherwise, to the 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 careful consideration of the evidence presented at the
hearing, and after viewing the plans, makes the following findings of fact:
1 . There was neighborhood opposition;
2. The driveway, which is a common driveway between 19 & 21 Becket
Street, does not meet the requirement of the ordinance, 12 feet.
3. Petitioner proposes to cut two (2) feet off the building in order
to enlarge said driveway, however, the driveway would still be
too narrow.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . Special conditions do not exist which especially affect this property
and not the district generally;
2. Literal enforcement of the Ordinance would not involve substantial
hardship to the petitioner;
3. The relief requested cannot 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.
1
DECISION ON THE PETITION OF MICHAEL SPECTOR FOR A VARIANCE
AT 19 BECKET ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted four to one, 4-1 , against the
granting of the requested variances. Mr. Fleming voted in favor. The request
for a Variance is therefore denied.
VARIANCE DENIED
Peter Strout, Member, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FROM THIS UECISh.:'I. .4;d'f. SHALL BE MADE PL'RSOANT TO SECTION 17 OF THE WAC S.
GENERAL LA71S, CHAPT EO SJ". A'!D SHILL BE F;-FD Ci;7SIN 2C DAYS AFTER THE DATE OF FILI�CS
_ OF THIS DE_CIS!ON IN THE GM-[ OF THE CITCLERK.
PU"Skk TO t:AS$ ENE"AI. << C'. °TEP KS SECi� ll. THE VAR CE OR SSE- IAl PER-IT
.. - GRAfi,. � H- :ED(. SPALL h r C T "U L F C�"1' 0 IYE- "'S ELt. - T''e ?,T- 11
R .`T OF 7H' Ci ) _
Cis
OR TP - FSC i E T II h r RN
RELD _ED IN TH= S H °SSE rc C ESS A:;D I ^E):EO L'i R r' i;A.E CF TH-.
OF RECORD OR I$ RECORDED A KJ E:: ON .NE Ge/KERS CERTIFICATE OF TITLE.
BOARD OF APPEAL