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1-3 OCEAN TERRACE - CHATIS, PETER WHITE & NANCY - ZBA 1 — f 1-3 Ocean Terrace R-1 — dl - Peter White and 7NanLcyChatis � /Q \yam L- � oZ P s ,SEP 28 I 20 All' `.,ii0 b 2 ',y b (git� of Iem 'Museladl lefts f �Baara of Appeal DECISION ON THE PETITION OF PETER WHITE AND NANCY CHATIS FOR A VARIANCE AT 1-3 OCEAN TERRACE (R-1) A hearing on this petition was held September 19, 1990 with the following Board Members present: Richard Bencal , Chairman; Joseph Correnti , Richard Febonio, Edward Luzinski and Mary Jane Stirgwolt. 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. Petitioners, owners of the property, are requesting a Variance to allow a three family dwelling in this R-1 district. A petition to allow this property to be a three family was denied by the Board of Appeal on April 18, 1990. Owners of the property at that time were Robert and Ronald Marsilia. The Board of Appeal , after hearing evidence regarding sub- stantial change, said change being owner occupancy, and after receiving Consent from the City of Salem Planning Board, voted unanimously, 5-0, that there was a substantial change in the petition and they would re-hear the case. 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 to the petitioner; c. desirable relief may be granted without 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 . A Special Permit was granted in 1981 allowing this property to become a legal three family dwelling with the condition that it be owner occupied. 2. Since 1981 the building has contained three dwelling units. 3. The Special Permit in question lapsed due to the fact that the previous owner did not comply with the condition of the Special Permit. 4. The present owner acquired this property as a legal two family dwelling with three dwelling units. DECISION ON THE PETITION OF PETER WHITE & NANCY CHATIS FOR VARIANCE AT 1-3 OCEAN TERRACE, SALEM page two 5. The fact that the building was altered to contain three dwelling units under a previously granted Special Permit creates a condition that is particular to this building. 6. The presence of the third unit creates a hardship for the petitioner in that it limits the usefulness of the building unless it can be legally operated as a three family dwelling. 7. The petitioners intend to make the property their permanent residence. 8. Several neighbors and abutters spoke in favor of the petition. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1 . Special conditions exist which especially affect the subject property but not the district in general . 2. Literal enforcement of the provisions of the Ordinance would involve sub- stantial hardship to the petitioners. 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 Variance requested, subject to the following conditions: 1 . A Certificate of Occupancy must be obtained for the dwelling. 2. All requirements of the Salem Fire Dept. relative to smoke and fire safety must be strictly adhered to. 3. The property must remain owner occupied. 4. The owner must provide parking for five cars on the site if necessary. GRANTED September 19, 1990 Mary JanVSWgwolt, Membea Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK a1-1) im-d , #„ `p<, 7s�. Appeal from this decision, If any, shall be made pursuant to Section 17 o�e 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. F :rsu nt to Mans. General Laws, Chapter 808, Section 11, the Variance, Oc ",� Z � d3s or Special Permit granted hereln shall not take effect until a copy of the t t c'msion, bearing the certification of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, it such 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 or the owner of record p is recorded and noted on the owner's Certificate of Title. BOARD OF AYPPEFALI BAYSTATE SURVEYING SERVICE INC. , 234 CABOT STREET, BEVERLY, MA. , 01915 PLOT PLAN OF LAND AT 1-3 OCEAN TERR. , SALEM, IIA. , SCALE 1"=20' MARCH 7 , 1990 Note. This plan was compiled from a tape survey an not an instrument survey. lH 0 !f4' JAMES l SOTIROS �1 No. 26094 02 gFCISTE0.0 a`'a EANO S�Z ��A�n , I � 1 ' (gRFA 3/5G S.F f� i I ^^ -•N LL u =/NlC 11nJ is _ r�ktF 50,57 0c�,4 N We, the undersigned, abutters and nearby homeowners to that certain parcel of land located at .1-3 Ocean Terrace Salem, wish to be recorded In favor of the granting of the Salem Board of Appeal of the variance sought by Peter A. '.Ihite & Nanc•7 G, Chatis which hear I ng i s to be he I d on '- St terrber.' 19; '1990 The reasons for the petitioning of said variance have been fully explained to us and we are of the opinion that the granting of said variance will in no way be detrimental to the public good and will not derogate from the Intent of the Zoning Ordinance. NAME ADDRESS J �� CD /Jnt� A�eesi 1. �.. N i Ul�J� y s i , ,b (fitu of _'-5ttlem, Massadjusetts krcomti'^� MINUTES OF THE BOARD OF APPEAL - APRIL 18, 1990 A meeting of the Salem Board of Appeal was held on Wednesday, April 18, 1990 at 7:00 p.m. on the second floor of One Salem Green. Notice of the hearing was duly advertised in the Salem Evening News on April 4th and April 11th of 1990. Abutters and other interested persons were notified by mail . Present at hearing were Members, Bencal , Fleming, Stirgwolt; Associate Members Dore and Labrecque; David Harris, Assistant Building Inspector, Brenda Sumrall , Clerk of the Board. The meeting was called to order at 7:08 p.m. by the Chairman James Fleming. Mr. Dore and Mr. Labrecque were appointed voting members. Mr. Fleming introduced Mary Jane Stirgwolt, 17 Andrew St. and welcomed her as the newest member of the Board. She has been appointed to fill the unexpired term of John Nutting who resigned after he became a City Councillor. Mr. Fleming, who is leaving the Board of Appeal and going to the Licensing Board, thanked everyone for their courtesy and assistance over the years, he will miss the Board of Appeal but at the same time is looking forwarded to his new position. Mr. Bencal , on behalf of the Board Members presented Mr. Fleming with a placque and expressed the gratitude of the Board for a job well done, and wishing him the best. Mr. Fleming read a letter from John Serafini Jr. requesting Leave to Withdraw the petition of SUN REFINING AND MARKETING CO. for Variances and Special Permit at 101 NORTH ST. B-1) to allow the construction of a food and self-service gasoline facility. Mr. Bencal made the to allow petition to be withdrawn, it was duly seconded by Mr. Labrecque. The Board voted unanimously to allow said.'petiiton to be WITHDRAWN WITHOUT PREJUDICE Mr. Fleming addressing the Board, the first item on the adenda is a continued matter on 9 BELLEAU RD. which was heard in executive session. Mr. Bencal : Mr. Daly, the City Solicitor is unable to be here tonight, he left a message with Mrs. Sumrall , should we adjourn to executive session. Mr. Fleming: Why don't we put this off until the last item on the agenda, seeing as Mr. Daly is not here, then we won't have to have these people waiting. The Members all agreed. 4 Winter Island Road - Margaret A. Rizzotti Petitioner, owner of the property is requesting a Variance from rear setback requirements to allow an existing deck to remain. Mr. Dore, Acting Secretary, read the application, a letter from the Fire Marshal which stated the property has current compliance relative to smoke detectors, the Salem Fire Department has no objection to the granting of the variance. A letter from the Plummer Home for Boys, William L. Mahoney Jr. , Chairman, in favor of the granting of the Variance. Attached to the letter from Mr. Mahoney was a copy of a motion made and seconded authorizing the Chairman to write to the Board to express their wishes. Mrs. Rizzotti represented herself. The deck was built in 1988 by a contractor. It is exactly the same as the porch that was there. The porch had been repaired so many times, it could not be fixed any more, we replaced it just S MINUTES - APRIL 18, 1990 page two 4 Winter Island Rd. - Continued as it was. Did not know we needed a permit, where it was replacing what was there. I am all alone, don 't know if I might move back there or not, but want this cleared up. Mr. Fleming: the contractor should have known. Did this come up because of some financing. Mrs. Rizzotti : trying to sell . She showed the Board the receipt for the work done. Ms. Stirgwolt asked if the house was built with the deck. Mrs. Rizzotti : yes, been there since 1969. No one appeared in favor or in opposition. Hearing closed. Mr. Bencal made a motion to grant the variance requested to allow an existing deck in the rear subject to the following conditions: 1 . Petitioner must conform with all requirements of the Salem Fire Dept. 2. Dimensions be as per plans submitted. 3. A legal building permit be obtained. Mr. Labrecque seconded. The Board of Appeal voted unanimously in favor. VARIANCE GRANTED 1- 3 Ocean Terrace - Robert & Ronald Marsilia Petitioners, owners of the property, are requesting a Variance from use and parking to allow a three family dwelling in this R-1 district. Mr. Dore read the application and a letter from the Fire Marshal stating the property has current compliance relative to smoke detectors. Attorney Gary Sackrider, 19 North St. , represented the petitioners. basically, to give brief background, this is located on Ocean Terrace, which has only about four (4) houses on it. Was used as a four (4) family years ago. Came to the Board in 1981 and asked for approval for three family, one of the conditions was to get a building permit. He did not do that and the Special Permit has lapsed. The Marsilias bought it and have used it as three family, they did not realize it had lapsed. They bought it in 1983. It is an R-1 zone but the immedi-ate area is multi- family. This would not change the character of the neighborhood. Would be no alterations. There is only room for three cars. Just recently brought to our attention that we needed a building permit. Mr. Fleming: asked where the parking was. Mr. Sackrider pointed out the area on the plot plan. He stated he had gone to the property and saw three cars parked there and they did not hang over the side walk. As far as hardship, if this were to be only a two family the cost would be prohibitive. Mr. Bencal : on of the conditions of the 1981 decision was it remain owner occupied. Are the Marsilia's living there? Mr. Sackrider: Ron Marsilia lives there when he is in town. Mr. Dore: just a question, what does the old decision say? Mr. Sackrider: was a four family, based on what I read in the old decision. No one appeared in favor. Appearing in opposition - Rollande Grant, 4 Cliff St. , no parking. Each have two cars and park in front of my house. I have lived there 26 years and it has always been a two family. Rented to college students. I can never find a place to park in front of my home. Betty Ash, 15 Cliff St. , the house has been up for sale for at least a year. He also owns the house at 7 Ocean Terrace and he go a permit for that house as long as it is owner occupied, it has never been owner occupied. Parking is terrible, there are No Parking Signs. There are four (4) cars at that house now. In Rebuttal : Attorney Sackrider: we are not seeking any changes. Ocean Terrace is a small block and there aren 't any single family homes there, there are many multi-family in the area. Street parking is part of living and in that neighborhood it is a fact of life. Property has been used as a three family, not trying to increase any burdon on the neighborhood. Mr. ti MINUTES - APRIL 18, 1990 page three 1-3 Ocean Terrace - Continued Bencal : when you asked for a Variance from parking did that include density? Mr. Fleming: he asked for density. Mr. Sackrider: it could be argued for density. Mr. Fleming: I don't think he needs it, the footprint is not changing. Variance from parking would include the size. Mr. Dore: the 1981 decision was a Special Permit to convert four (4) to a three (3) , also conditioned on it being owner occupied. Mr. Fleming: yes, it was granted and they did not get building permit so the permit was made null and void. They relief on it being a three family when they bought it. Now, there has been some financial activity and this was brought up. Mr. Dore: If this is denied, does it go back to being a four family? Mr. Fleming: if he could prove it was a four (4) family, then he could go back to four (4) Ms. Stirgwolt: as he came for permit, it looks like he can't prove it was a four (4) . Mr. Fleming: we have evidence that it was a two family. Ms. Stirgwolt: Even by statute, the time would have lapsed when the Marsilia's bought it. Mr. Dore: that is why I 'd like to ask what it was designed for. Mr. Bencal : asked Mrs Ash. Mrs. Ash: My family lived in that house and it was two family, don't ever remember it being legally a four. Mr. Bencal : on or about 1965 what was it used as. Mrs. Ash: I think it was a two family. Mr. Sackrider: owner occupancy - Mr. Ron Marsilia has been the tenant on the third floor and when he comes back he stays there even now. It is up for sale and yes, the bank wants this cleared up. Mr. Bencal : the property next door is owned by your client and it is supposed to be owner occupied, is it? Mr. Sackrider: no it is not. Mr. Bencal : seems lear that is their history. Mr. Sackrider: that is not the case, they lived there at one time. Mr. Bencal : the Board cannot take action on any other decision unless the abutters notify the Building Department of the alleged violation. Mr. Bencal made a motion to grant the petition to allow three family dwelling and variance from parking subject to the following conditions: 1 . petitioner comply with all requirements of the Salem Fire Department relative to fire safety 2. Property remain a three family as long as it remains owner occupied 3. Parking as shown on plans submitted be maintained on site 4. Dimensions be as per plans submitted 5. A legal building permit be obtained. if required Mr. Labrecque seconded Mr. Bencal , Mr. Fleming and Mr. Labrecque. voted in favor of the motion. Ms. Stirgwolt and Mr. Dore voted in opposition. The motion to grant, having failed to gain the required four affirmative voted needed to pass, is defeated, The Petition for a Variance from use and parking to allow a three family dwelling is denied. DENIED 140 Boston St. - Raymond Lavoie Petitioner is requesting a Variance to allow an existing two family dwelling q 9 9 Y 9 to be converted to a three family dwelling. Property is located in a split B-2/R-2 district. Mr. Dore read the application and a letter from the Fire Marshal which stated the property has no current compliance with Massachusetts General Laws relative to installation of smoke detectors. Mr. Lavoie repres- ented himself. He explained they would like to convert to a three family, there would be two egresses inside and would be making no exterior changes. There are six (6) on site parking spaces, the entire area is paved. His brother in law would like to live in the proposed apartment. No one appeared in favor or in opposition. Hearing closed. The Board looked the plans over. Ms. Stirgwolt questioned the split zoning, felt if it were all B-2 they would be able to do this with a special permit. Mr. Bencal made a motion to grant on condition petitioners meet all requirements of the Salem Fire Department,