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15 NORTHEY STREET - MILLER & ASKLAR, JAMES & MARYELLEN - ZBA I _ 15 Northey St, R-2_ Mill Brook Realty Trust =- 0 1 James .Miller & MaryEllen — Asklar, Trustees �— \ a- 1� fllitg of "inirm, f ttssarhusetts (` 6 Poxra of '4pud DECISION ON THE PETITION OF MILL BROOK REALTY TRUST FOR A SPECIAL PERMIT FOR 15 NORTHEY ST. , SALEM A hearing on this petition was held July 24,1985 and continke Zstis $gyp 11 , 1985 with the following Board Members present: James Hacker 2�+,, Chairman; e s , Charnas, Strout and Associate Member Bencal. Notice of the 'riEFnm`ting was sent to abutters and notices of the hearing were properly published the Salem Evening Nevis in accordance with Massachusetts General Laws Chapter G�`` ALZRAAt5. Petitioners are requesting a Variance to allow a total of six dwelling units, two each in the existing dwelling, carriage house and the garage, and to allow a two . story addition to the garage; also a Variance from all dimensional requirements in this R-2 district. The provision of the Salem Zoning Ordinance which is applicable to thisq equest 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 VIZI F and IX D, grant Special Permit for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, land, structures, and uses, provided, ._howeever, that such change, extension, enlargement or expansion shall not be substantially more detrimental than the exisitng 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 Board of Appeal, after careful consideration of the evidence presented at the hearin_, and after viewing the plans, makes the following findings of fact: . 1 . A Special Permit rather than a Variance may be granted as petitioners lowered the total units to four (4) instead of the six (5) originally ` requested; I2. Neighborhood supported four (4) units; 3. This will substantially increase the tax base; 4. Will allow for off-street parking in a congested area. 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 plan will not be substantially detrimental to the neighborhood; 2. The proposed use of the property will promote the health, safety, convenience and welfare of the city's inhabitants; DECISION ON THE PETITION OF MILL BROOK REALTY TRUST FOR A SPECIAL PERMIT FOR 15 NORTHEY ST. , SALEM page two 3. Petitioner's plan is in harmony with the City of Salem Zoning Ordinance. Therefore, the Zoning Board of Appeal voted unanimously, 4-0 to grant the petitioners the relief requested, provided that: 1 . There be two (2) units in the carriage house; 2. Therebetwo (2) units in the main building; 3. The garage remain one story; 4. Twelve (12) parking spaces be maintained on site at all time; 5• Six (6) foot stockage fence must be erected and maintained on the south side of the` property extending fifty (50) feet from the carriage house towards the north; 6. Roadway must be a minimum of twelve (12) feet in width and must meet all specifications of the Salem Fire Department; 7. Parking will be allowed only on the approved maintained parking spaces and not on the driveway; 8. A Certificate of Occupancy must be obtained. SPECIAL PERMIT GRANTED �� ja�mes . Hacker, Chairman A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK pF tHE MASS. 8E MADE SL 0 DAYS AFTER THE DATE OF FILVND PUR 'ANS TO PERVi APPEAL FRD!'1 TH CH pS EP. ofl,cA CE SA ATHE FCVTV V�IT H^N ll.THE VAR1:.IiL�C^�ISPE�HE CERT.IT ISVD, , SH L S" CLERK. LAWS. IN THE OfF' Of TER SDS. SELTI�N THE DELISV Ic BEEN (ILEO, GENERAL D CISION 5, C �.— p COP' OFpNO NO p.?=A OR DENIED IS OWNER ` < L.'!1 tine dL r Df THIS GENSRA ,c EFFECT U.• c E� oeED DIS`11SS-- E Of THE OW TO ti,pSS. NOT pAYS HATHAT IT HAS 6EEN R THE NA'd PURSANT HEREIN. SHALL THpT 20 fllE. iNDE1:Ep Ui:DE. GRANTED CITY CLER-& SEEN At'D Of TITLE. THE PPEAL HAS DEEDS .S CERTIf1CATE fICP.TPON OE SUCH AVI P ESSEX REGISTRT Of THE OWNER DOpRO Of APPEAL OR THAT• Vf THE SOUTH NOTED ON rGROED IN IS RECORDED PND RE ' Of REGDRO OR � �OONOIT,,4Qy Tit b i-If �)-1� �.. F.TS$cTC. IYSE S Y VVV ',��77 Offs E of the (EitV (gounril ctv pull J RY pfa�AR EWA WARD COUNCILLORS JOHN R. NUTTING 1985 COUNCILLORS-AT-LARGE PRESIDENT 985 GEORGE A. NOWAK JOSEPHINE R. FUSCO STANLEY J. uSOV]CZ. JR. JOSEPH M. CENTORINO CITY CLERK STEPHEN P. LOVELY FRANCES J. GRACE LEONARD F. O'LEARy JEAN-GUY J. MARTINEAU JEAN MARIE ROCHNA GEORGE P. MCCA6E RICHARD E. SWINIUCH JOHN R. NUTTING July 24, 1985 Mr. Jags Hacker Chairman Board of Appeals One Salam Green Salam, Massachusetts 01970 Dear Mr. Hacker: I would like to take this opportunity to express my interest in, and support of, the petition of Mary Ellen Asklar for a variance at 15 Northey Street. After reviewing the site plans, I believe that this proposal will be of great benefit to the neighborhood and will continue the positive momentum established by the area residents. I would, however, ask that the Board stipulate that the parking and landscraping, as shown in the renderings, be made an amendment to the variance. I thank you for your consideration of my views on this matter. Sincerely, Stanley J. Usovicz, Jr. Ward Two Councillor i of ,'�ttjem, Cfassarhu'sidts Fire Department �Heabyuartrra ROBERT J. CROWLEY 48 ?InfiIV1ett£ *trret A/chief $alem, 4Htt. 01970 Date: JOY 94, 1925 City of Salem Re: 15 Northey Street Board of Appeal Mill Brook Realty Trust One Salem Green Salem, MA 01970 Sirs: As a result of the notice received concerning the Board of Appeal hearing for the above listed name and address, the Salem Fire Department requests the following items to be placed on record: The property located at #15 Northey Street is not currently in compliance with the Massachusetts General Laws, relative to the installation of automatic smoke detectors. Should the petitioner be granted the Variance for six dwelling units and all necessary dimensional requirements , then, plans for the installation of fire alarm systems in the existing dwelling, carriage house, and garage shall be presented to the Salem Fire Prevention Bureau prior to the issuance of a building permit. Such completed systems shall meet with the approval of the Bureau prior to the issuance of a Certificate of Occupancy. pectfully orman P. LaPointe Fire Inspector cc: Appellant Building Inspector File Form #105 `� l.Lit�1 IIf �tt1em, C�I�ss�irhii�e##� '.r s Afire Uepnrtmeut �Keaitquarters ROBERT J. CROWLEY 48 Tafgette *trert A/Chief *alrm, ga. 01970 Date: September 17 ,_]98.9 City of Salem Re: 15 Northey Street Board of Appeal Mill Brook Realty Trust' One Salem Green Hearing Date: 9/11/85 Salem, MA 01970 Sirs: As a result of the notice received concerning the Board of Appeal hearing for the above listed name and address, the Salem Fire Department requests the following items to be placed on record: The Salem Fire Department has no objection to the granting of a Variance for a total of six dwelling units, and a two story addition to the garage at #15 Northey Street. Should the Variance be granted, the petitioner shall conform to the require- ments of Chapter 148, Section 26E, Massachusetts General Laws , relative to the installation of automatic smoke detectors , and to all applicable codes, laws , and ordinances. Plans for the installation of such systems shall be preserLted to the Fire Prevention Bureau prior to the issuance of a building permit. Respectfully, itMn"e'1 Robert W. Turner, Fire Marshal cc: Appellant Building Inspector File Form #105 G-1E,z�JJgc t. lDf0 i K ( iG t . I r A IV Li -77" 42 i �� S � y ° :, n > ° � � ;e.+i�N�. r. � ��a-__.__-. _ � � M.�....�•.a�.� 4 S I,r�� i�.,�.�, .1,...,.�..��,♦. we- . ....... . .... ..._._.� t_u rr-4 TO Rl'Z JD �. j , r �.•. i ''11 .._ter-.." ' 1 _, / , { • 1 � l i r , i tR . v b W P � + III �' '•l ZA , `. , 1 ^ t � � f rttt 2 Z JU L.Y8S 2 1 , - .-•' / �,,.�` �/� +/fes '� �� • !/��-! J Ji'''m '`, .� •• ::' �. `�`,-..\:\, / r.\ �/ i 1i �-_�,� ..• _. 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