19 OAKLAND STREET - ABRAHAM, ROBT & HELEN - ZBA _
19 Oakland St. (R-1_)
Robt. & Helen Abraham
� �
l
� � L
t
/cr" 1 •
ua � L
Y
/ rJ
H `�
\ ' rye :
1
� 4
19 Oakland St. (R-1 )
Robt. & Helen Abraham
<<�L FEB 3 31 PH T
of Salem, ctzsstztl� s 3, PN 'Ql
Pourb of (1FJP2il cm:-, MASS.
C;"Y L, _MASS.
DECISION ON THE PETITION OF ROBERT AND HELEN ABRAHAM
FOR A VARIANCE AND SPECIAL PERMIT FOR 19 OAKLAND ST. (R-1)
A hearing on this petition was held January 21 , 1987 with the following
Board Members present: James Hacker, Chairman; Messrs. , Fleming,
Luzinski, Strout and Associate Member Dore. 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 petitioners, represented by Attorney William H Sheehan, I11 are
requesting a Special Permit to allow them to change a non-conforming lot
by dividing it into two lots in order to construct a single family dwelling
on one lot and allow an existing non-conforming two family dwelling on
the second lot . In addition, the petitionersare requesting a Variance
from all applicable frontyard, sideyard, rearyard and density requirements
of Table 1 , Section V1 of the Salem Zoning 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 V111 F and IX D, grant Special Permits for alterations
and reconstruction of nonconforming structures, and for changes, enlarge-
ment, 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 granting of tle 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;
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.
DECISION ON THE PETITION OF ROBERT AND HELEN ABRAHAM FOR A
VARIANCE AND SPECIAL PERMIT FOR 19 OAKLAND ST.
page 2
The Board of Appeal , after hearing the evidence presented at the hearing
and after viewing the plans, make the following findings of fact:
1 . There was no neighborhood opposition to the proposal.
2. Adequate off street parking for both lots would be
provided in accordance with the Zoning Ordinance.
3. The proposed single family dwelling will not change and
is in a neighborhood consisting of other two and
three family dwellings.
On the basis of the above findings of fact and on the evidence presented
at the hearing, the Board of Appeal concludes the following:
1 . Special conditions exist which especially affect the subject
property but does not affect the district generally;
2. Litreral enforcement of the provisions of the Ordinance would
involve substantial hardship to 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 prupose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant
the Special Permit and Variance requested, subject to the following
conditions:
1 . That the footprint on the proposed single family dwelling
be moved five (5) feet in the westerly direction to improve
field of vision for drivers approaching the intersection at
Oakland and Balcomb Streets;
2. That permits or certificates deemed necessary by the Building
Inspector of the City of Salem, if any, be obtained;
3. That the petitioners be in compliance with all requirements
of the Salem Fire Department , relative to fire safety;
4 . That the petitioners obtain proper numbering from the
City Assessors, and that compliance with the City Ordinance
relative to house numbering be adhered to.
SPECIAL PERMIT AND VARIANCE GRANTED
T.A COPY, OF -HIS:QK—I&ION_:HAS-BJ�EJN-fILED-WIT-HI THE PLANNING- BOARD AND THE CITY CLERK
Peter-A.- Dore, Associate Member
Board of Appeal
,a
. s
aaj
Awl,
� II
4
V
�y��/���
YZ e a
I
r �
i
_ f R
t
I
�wZONE R I
1 ITEM REQUIRED PROVIDED LOT I PROVIDED LOT 2
I LOT AREA 15,000 SF 59 486 + SFS? 51327 ± SF �T
;- FRONTAGE 100 FT 115.39 FT 51 . 00 FT 23
600 FRONT
Sr FRONTAGE FRONT YARD 15 FT 2 ± FTS` 9 ± FTC
LOCOS SIDE YARD 10 FT 15± FT 2 ± FT 9
" REAR YARD 30 FT 161 FT { 52± FT
P? aT 3 VARIANCE REQUESTED
0
yr 6RAN11 �' Q' -
� W 0)
0 O
0 'q
0 APPROVAL UNDER SUBDIVISION
W ZiF o MARY A CONTROL LAW NOT REQUIRED
L O C U S M A PS 840 28' 12" W g WILLIAMS SALEM PLANNING BOARD
18.49 N 89 o.36 ,5 / 11ROBERT H
E�S\E E� , 6„ w-- 7.43' 11.06 ' 40. oo , w' MARIA ELENA
KELL 63° �� SMITH A
0
s 7g. o co LOT 2
,+ LOT l 0 51 3271 S F
5 , 486 ± SF
NP`POSED O O
0 N� GARAGE N - J
ro 0
?� ° ° U) N NYCE M —
o ' — 0 0 DON
Q PROPOSED O O
3 STORY \
s DWELLING 15+ MULTIFAMILY Z
2` DWEL L ING
2� RECORD OWNER : ROBERT R . ABRAHAM, JR .
No 19 13A 8i HELEN L. ABRAHAM
� ? \ \ BK 69 74 PG 330
?0 ASSESSORS MAP 17 LOT 113
S 69•, 34.70' _
70 ' 51. 00'
85.
S 890 36 ' 51
6 . 51 11E
OAKL4ND
STREET
SUBDIVISION
PLAN OF LAND
LOCATED IN
SALEM , MASS.
PREPARED BY
EASTERN LAND SURVEY ASSOCIATES, INC.
FOR REGISTRY USE ONLY CHRISTOPHER R. MELLO P. L. S.
40 LOWELL ST. PEABODY, MASS.
SCALE : 1 ° = 20 ' AUGUST 14, 1986
PREPARED FOR
I HEREBY CERTIFY THIS PLAN CONFORMS TO THE ROBERT R. A BRA HAM , JR.
kULES AND REGULATIONS OF THE REGISTERS OF
LEEDS OF THE COMMONWEALTH OF MASSACHUSETTS.
0 10 20 40 60 80
G R M . CfEE III DESIGNER
F 6588
— -- -_T
1
s,
i
8 8
tit' R OG E r r.;T'✓
t ! 1 X I O 2 l o c,
f n
310' 1 _1 --
31ti r P ► y 5u6 F + ooR S - - -
- - - 25 5 f 100 a 7 o t STS Z' o.c, r I _
_ _ —} _r I� ..i..T.T
t�1 W —=-;-= - rt—�=t
:: '— �►. ��LP�O R� S -- ___r__*. _ +w of o,t
V\11e '
LL - -
5 I LL_J E.� L_-. •�I o o ° "0 t p 0 e C 'd 0 b r 0 11 ° q • d f _. __...- - .�. _�._._}._--a._ I `. _ �-�— ! �.. ° •^
Q p
e.
d A _
-
c C� o d n p b e o a ° e e � p � m ° 0 .' o o' a H p ° •^ "' - • 0' .� : C 0• 0 ° 0 'i o 'c� I t < t` c c � c
1 d 0 a n 0 t 0 0 0 0 p 0 C 0 -0 0 p 0 O y ° 6 dl• 2 0 °� ' _ n °- ° =F-7-77T-7
�.
CO .0 U O 0 • Q b ° U C 0 r. C O t. 0 ° �.. o ^ .—_..—..y_ .__ --c. Cti �.�, i. '_v--. 0 - 3 �� ._ --. _\_• •o----'6 ..�'_- i _ A .... _P _-i' ---. _.! v�._S_a..�_--�. _.__ _ .._ _.. _ .._.. __....- _.- _.-._-.--._...__r_
° _ �. _
�� 0 t d •ate �•I
d
II '
P L
c
6
u+,e�G' FOd7ti.,
of bre- I o 0
n t
u
SE C� ION � � ' - y IE \,AJ ELEyRTiory 5
d d
p RT C- ._.Q.r-_o b .. .... _ _ . __ . aR N
-7,- _ .
L_OT..l.l �0 .
1130110 GOTHS 03nSSI 31V0
stso-e1 waoe
J .