1 OAK STREET - BATES, DONLAD - ZBA 1 Oak St. R-2
Donald Bates
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SkIEH, MASS. oarb of &app744-6900
JUNE 6, 1978
DECISION ON PETITION OF RICHARD W. AND AR'NIIDA ST.PIERRE, OWNER OF PROPERTY
LOCATED AT 1 OAK STREET LOCATED N AN R-2 DISTRICT
Hearing on the petition was held on Tuesday, June 6, 1978 with the following
members of the Board present: Jane Lundregan, Donald Eames, Douglas Hopper and
James Boulger. Notices were sent to abutters and others in accordance with Chapter
808. The notice of hearing was duly published in the Salem Evening News advising
the public of said hearing.
The Secretary read the petition submitted.
The Petitioner represented himself before the Board requesting a variance on
property located at 1 Oak Street in order to install"a dormer on the second level of
the existing building as additional bedroom space for his growing family. The
addition would have an overhang of one foot which would leave less than the required
density requirements of 10 feet to the side line. The building is presently non-
conforming as to density.
The Board voted unanimously to grant the variance requested. The Board found
that the addition of the dormer would be an asset to the property and would in no
way derogate from the intent of the Salem Zoning By-law or from the surrounding
neighborhood. The Board found that to deny the petition requested would cause hard-
ship to the petitioner.
VARIANCE GRANTED xxrx*fs*`*
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 IINYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSUANT TO MASS. GEN. LAWS, CHAPTER 808, SECTION 11, THE VaRLANCE OR SPECIAL PERMIT
GRANTED HEREIN, SHALL NOT TAKE EFFECT WiTIL A COPY OF THE DECISION, BEARING THE CERTI-
FICATION, 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 OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER OF RECORD
OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
BOARD OF APPEAL
ene T. Lundregan
cretary
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aara of Appeal
DECISION ON THE PETITION OF DONALD BATES FOR A
SPECIAL PERMIT FOR 1 OAK ST.
A hearing on this petition was held July 16, 1986 with the following Board Members
present: James Hacker, Chairman; Messrs. , Bencal1 np and ��yy}}��zinski. Notice
of the hearing was sent to abutters and others and noticeCP41Baring were
properly published in the Salem .Evening News in a%Er$ance with Massachusetts
General Law Chapter 40A. t
CITY C,E :c- c,,
N� fo allow him
Petitioner, owner of the property, is requesting a Special PermEh'i
to convert a single family dwelling into a two family dwelling in this R-2 District.
Two family is an allowed use but lot does not meet density requirements.
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 on nonconforming structures, and for
changes, enlargement, extension or expansion of nonconforming lots,
land, 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 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 . Three parking spaces are currently available on site;
2. 'There was neighborhood support;
3. There already exists other two family dwellings in the immediate area;
4. Petitioner has owned the property about one (1 ) year.
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 prgoosed use as a two family will be in harmony with the
neighborhood and will promote, the convenience and welfare of the
city's inhabitants;
2. The relief requested can be granted without substantial detriment or
without nullifying or substantially derogating from the intent or
purpose of the Ordinance.
DECISION ON THE PETITION OF DONALD BATES FOR A
SPECIAL PERMIT FOR 1 OAK ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the relief
requested, subject to the following conditions:
1 . Must be owner occupied;
2. Three parking spaces must be maintained on site; f
3. A Certificate of Occupancy must be obtained;
4. Six foot stockade fence be erected to act as a buffer on the
norther boundary line.
SPECIAL PERMIT GRANTED
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,lames B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FROM THIS DECISION. IF ANY, SHALL BE ',,.ADE PURSUANT TO SECT!'N 17 C` THE teAA`SS.
G`_NERAL LA6S, CHAPiEFa a03: A.;O SH'•.LL BE FILEL' i7'THIII 20 CAMs AFTER. THE DATE OF FILING
OF THIS Ct .S'D!. I kE CF ' TP: CITU CLERK.
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OF RECORD OR IS RECORDED AND NOTED ON THE OVcii ER S CERTIriCA,E OF TITLE.
BOARD OF APPEAL
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MORTGAGE PLAN Th s plan was not made from an lq�F61STER� 2
instrument survey and is for -
THOMAS ENGINEERING SERVICE mortgage cposes only.
WOBURN, MASS.
I certify that the 0wi m •r shown on this
LOCATION / OA.,, Sr' S4 L.N ap c L ' plan is located on the ground as shown and that
SCA12 / `• Io. DATE e - if- 8C the setbacks do conform to the zoning laws
RECORDED IN 01c. 7 ,041 Ps. r 7 u of SA!o m Y•n a t when constructed. Addition-
REGISTRY OF DEEDS COUNTY S C• R. allyp said pig- /i, r is H s t located in a
PLAN NO. PAGE NO. designated lood zone
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14 July 1986
To Whom it May Concern:
I have no objection to the conversion of the residence
at 1 Oak Street, Salem to a two family. I live in the rear
of this residence and do not feel this conversion will adversely
affect my property
tlnaanyway,_; ,
14 July 1986
To Whom it May Concern:
I have no objection to the conversion of the residence
at 1 Oak Street, Salem to a two family. I live in the rear
of this residence and do not feel this conversion will
adversely affect my property in anyway.
14 July 1986
To Whom it May Concern:
I have no objection to the conversion of the residence
at 1 Oak Street, Salem to a two family. I live on Oak Street
two houses away and do not feel this conversion will adversely
,affect my property in anyway.
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