1-3 OCEAN TERRACE - MARSILIA, ROBERT - ZBA 1-3 Ocean Terrace R=1
Robert Marsilia.
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CITY S '.__RA'_ OFFICE
DECISION ON THE PETITION OF STUART COMER FOR A SPECIAL P M
ERPlIT FOR 3 OCEAN TERRACE -•
A hearing on this Petition was held on July 29, 1481 with_ the following
j Board Members present: Douglas Hopper, Chairman; Messrs. Backer and Feeherry
and Associate Members Lusinski and Martineau. 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 has requested a Special Permit to divide the existing
four unit apartment building at the site into three units by combining the two
present units on the third floor into one dwelling unit.
The. property is within an R-1.41strict; however, the property has for.
many years been used as a .four-family-dwelling.
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 Appeals 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 non-
conforming structures, and for changes, enlargement, extension of
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, after considering the evidence at the hearing on this matter, makes
the following findings of fact:
1. Petitioner has made substantial capital improvements in this property
during his period of ownership.
2. Petitioner's proposed reduction in the total number of units at the
site will have a beneficial effect on the area by reducing traffic and by improving
parking problems.
3. Petitioner's proposed use of the property is not opposed by any neighbor's.
_.___o•�""•w.nnwn
DECISION - STUART COMER - PAGE TWO '81 AUG -6 P3 :41
CITYS CLERK'S OFFICE
On the basis of the above findings of fact and cn the evidence p4benEed'�
at the public hearing, the Board of Appeals finds (i) that the proposed use
of the property will not be substantially more detrimental than the existing
use to the neighborhood, (ii) that the proposed use of the property will promote
the public health, safety, convenience, and welfare of the City's inhabitants,
and (iii) that the proposed use of the property is in harmony with the Salem
Zoning Ordinance.. Accordingly, the Board unanimously approves the granting
bf a Special Permit to the Petitioner.
The Special Permit is therefore granted in accordance with the following
terms and conditions:
1. The building may be converted into a three-unit dwelling by remodeling
the third floor of the building in accordance with plans to be approved by
the Building Inspector.
2. The existing parking area-at-the site shall be maintained.
3. This Special Permit is conditioned upon the Petitioner's continued
ownership and occupancy of this building.
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A, COPY OF THIS DECISION AND PLANS HAS BEEN FILED WITS TEE PLANNING BOARD.AND THE CITY CLE
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Ronald A. Harsilia and Robert T. Marsllia, Trustees of Atlantic Building Realty Trus
Of Salem i >
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,for the fa toosidentioe of nominal Essex County, paid
grant to Ronald A. Marsilia and Robert T. Marsilia j
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of 1-3 Ocean Terrace, Salem, MA 019701 �
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c with quttrlsbo roarnaids the land in Salem commonly known as 1-3 Ocean Terrace and further
described below: it if}
a' WESTERLY by Cliff Street, 60 feet;
u NORTHERLY by land now or late of Balcomb and land now or formerly of Freedman,
„0 50.96 feet;
! EASTERLY by other land now or formerly of Freedman, 65 feet; and :
I SOUTHERLY by Ocean Terrace, 50.57 feet.
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i The said premises are shown as the lot on the corner of Ocean Terrace and Cliff
Street on a "Plan of Land of Raymond H. Beckerman, Salem, Mass.", Charles A.
i m Metcalf, Surveyor, November, 1919, recorded with Essex South District Registry
of Deeds, Book 2441, Page 397.
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Being the sax primal ses conveyed to the Grantors by deed of Stewart A. Comer
dated SeDtionber 15. 1983 and recorded with Essex South District Registry of
Deeds In Book 7219. Page 336.
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Exeeuted as a aea1M inattvteent this 3rd yof Februar1986
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Tken penonshy appeued the.bwe nursed Ronald A. Marsllla and Robert T. Marsilla,
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fud acknowlydaed ehr sareFio{Imbomem m be their and dead,
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BAYSTATE SURVEYING SERVICE INC. ,
234 CABOT STREET, BEVERLY, MA. , 01915
PLOT PLAN OF LAND AT 1-3 OCEAN TERR. , -
SALEM, MA. , SCALE 1"=20'
MARCH 7, 1-990
Note. This plan was compiled from a
tape survey an not an instrument survey.
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