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16 ORD STREET - LABRECQUE, HENRY A - ZBA 16 Ord St. R-1 i Henry A. LaBrecqueAPO r S 1 D� DD D r KEVIN T. DALY ° JI jl I-EONARD F FEMINO ASSISTANT CITY SOLICITOR '.A -� SSISTANT CITY SOLICITOR 93 WASHINGTON STREET \ n�qp/- J3 WASHINGTON STREET AND CITY OF SALEM MASSACHUSETTS AND ONE CHURCH STREET ONE SCHOOL STREET ' MICHAEL E. O'B RIEN SALEM. MA 01970 CBEVERLY. MA 01915 745-4311 SH GTON OR 745-4311 745-0500 93 WASHINGTON STREET 921-1990 _.—_-- A N D _-._—.-- PLEASE REPLY TO ONE CHURCH STREET 81 WASHINGTON STREET PLEASE REPLY TO ONE SCHOOL STREET SALEM, MA 01970 745-4311 744-3363 PLEASE REPLY TO B1 WASHINGTON STREET July 19 , 1988 ,James M. Fleming, Chairman Board of Appeal City of Salem One Salem Green Salem, Massachusetts 01970 Re : Kardaris , et al v Hacker, et al Essex County Superior Court ;85-258 Dear Mr. Fleming : Enclosed please find copy ' ot a Judgment in the above --matter which is self-explanatory . On January ) , 1985 the Board of Appeals qranted special permit .and variance to Henry LaBrecque to divide i nonconforming Lot located at L6 Ord Street into two noncontormina Lots . The enclosed Judgment annulled that decision and your records should so reflect the same. Very truly yours , Michael E. O ' Brien City Solicitor MEO/jp Enclosure COMMONWEALTH OF MASSACHUSETTS j Department Of The Trial Court Essex, ss. Superior Court L No. 85-258 " J Daniel T. Kardaris, at al CI) vs. D 71 r r James Hacker, at al O �7 N SUMMARY JUDGMENT (MASS. R. CIV. P. 50 ) m This action came to be heard before the Court , Brady, J. pre- siding, upon the motion of the plaintiffs Daniel T, Kardaris, Susan M. Kardarls, Maureen J. Kiley, James H. Kiley and Mary E. Budka for summary judgment pursuant to Mass. R. Civ. P. 50, the parties having been heard, the Court finds that there is no genuine issue as to material fact, and that the plaintiffs are entitled to a judgment is a matter of law. It is hereby Ordered that; the decision of the Board of Appeals of Salem granting of a yeriance and Special Permit for property located at 16 Ord Street, Salem, Massachusetts is annulled. Judgment for the plaintiffs. The Clerk-Magistrate of the Court is directed to mail an attested oopy of this judgment within thirty days from the data hereof, to the 0ity Clerk, Building Inspector, and Board of Appeals, respectively of the City of Salam. Date- June 10, 1988 . Assistant Clerk 4 CHU of _I�alem, Cfflas5adjuepfts curb of �t, V l I I DECISION ON THE PETITION OF HENRY LABRECQUE FOR A SPECIAL PERMIT AND A VARIANCE FOR 16 ORD ST. , SALEM 985 ,h: • Z_j j A hearing on this petition was held January 9, 1985 with the following Bdard' j Members present: James Hacker, Chairman; Messrs. , Charnas,CG64thier,Luzinski and Strout. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accgrdance with Massachusetts General Laws Chapter 40A. Petitioner is requesting a Special Permit to increase an existing noncenfcrcSty by subdividing an already undersized lot into two lots and a Variance frc fide setback requirements on the lot containing the two family dwelling in e. .... � construct a single family home on the second lot in this R-1 district. I The provision of the Salem Zoning Ordinance which is applicable to t..__ for a Special Permit is Section V B 10, which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the II 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 recon- struction of 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 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 in- volve substantial hardship, financial or otherwise, to 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. The Board of Appeal, after considering the evidence presented at the public hearing, makes the following findings of fact: 1 . The current lot is the largest single lot in the area and by dividing the lot as shown on the plan would create two lots the approximate size of neighboring lots; DECISION ON THE PETITION OF HENRY LABRECOUE FOR A SPECIAL PERIiIT AND A VARIANCE FOR 16 ORD ST. , SALF11 page two 2. This is a residential neighborhood and little or no extra traffic would be generated; 3. . On a deed dated August 28, 1981 shows the prope;ity tP,;b�3tw ,;lots. On the basis of the above findings of fact and on the evidence presented at the hearing, the Board of Appeal concludes as follows: C,;';' :' rr . r . . 1 . The relief requested may be granted without substantial detriment to the public good; 2. The granting of this petition will not nullify or substantially derogate from the intent of the district or the purpose of the Ordinance: 3. Literal enforcement of the Ordinance would work a substantial on petitioner; 4. The proposed use is in harmony with the City's Zoning Ordinance. Therefore, the Zoning Board of Appeal voted unanimously 5-0 to grant the requested Special Permit and Variance on the following terms and conditions: 1 . The existing two family dwelling be owner occupied unless the single family is owned by the same person or persons; 2. A Certificate, of Compliance relative to smoke detectors must be obtained; 3. Oil burner installation and oil storage records must comply with requirements of the Fire Department; 4. A Certificate of Occupancy must be obtained; 5. Drains or culverts must meet with the approval of the Building Inspector. GRANTED James 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 MADE PURSUANT TO SECTION 17 OF THE C':"� CENERkI. LAWS. CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE %r F:C CF 14-S DECISION IN THE OFFICE OF THE CITY CLERK. - FC %.:FT TO ?313- CEPIEcFCRAL UO3S. CHAPTER B08, SECTiCN 11. THE VARIANCE OR . DI�'_ P -� HERJIJ. SH.ti! NIT ii.KE EFFECT UNTIL A COPT OF THED-CIS!G7. SEJ�'i`' �rF OF 1Hc C!T 5' CLERf! THAI" ?O Dl,";c HSV[ EUJPS_D 6.K0 N') APPEAL Hr IS . __ - S IS T. IF SL'lli J,� AFPJL HAS BEE'i F;_E, THAI IT 2i5 B-EIi 01f+^SLED nR 'CF THE C:. IN THE SCUTH ESSC:: fE::IS!CY OF CLEDS AND I':DEY.E'D UI _u. TH_ :i. .. ... OF F.ESeD OR IS RECO"n OED ANO 1;OTEO OH THE OWNER'S CERTi FICATE OF TITLE. BOARD OF APPEAL DUPLEX hm (16 ORD Sr) h-- 17' n 9Y8" XXX WAYIT [y� P m i n HOUSE TffE ORD STREET) a� HouSE DPUVW I i 1S' 3O' 87'S' 36. . NOTE: THE NEXT HOUSE IS RiGn SIDE PROPOSED PLOT PUN AT 14 ORD ST SALEM MASS 33'FROM LINE 5_EALE: 4"= 1 FOOT PREPARED BY: HENRY A. LABRECOUE i a" �➢�`` .. I�LIt�T Ql2I�PTIT� c1iT5SFIrII$Et $ � ��I�ttttitt$ �uttra ���°��`�'` Otte �tt1em C�areett January 7, 1985 Mr. James Hacker, Chairman Board of Appeal F One Salem Green ! Salem, MA. 01970 Re: Petition of Henry LaBrecque for Special Permit and Variance to divide nonconforming lot into two lots at 16 Ord St. (R-1) . Dear Mr. Hacker: The Planning Board has reviewed the above-referenced petition and wishes to be recorded as opposed. The area in question is already congested and the addition of another dwelling would exacerbate. the density and parking problems already existing in the neighborhood. The Board is further of the opinion that the extension of a non-conformity is not in the overall best interests of the City. Thank you for the opportunity to comment upon this petition. Sinc�e�rpeellyp yours, �)OUJ 1 Walter B. Power, III Chairman dey (�itg ofIem, tts�ttruse## Aire Uepartnurd Xeabquartera ROBERT J. CROWLEY 48 (fgcttr *trret wch er ttlem, tt. 0197D Date: January 8 1985 City of Salem RE: 16 Ord Street Board of Appeal Henry A. LaBrecque 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 Salem Fire Department objects to the granting of a Special Permit and Variance to divide a non-conforming lot into two lots. The building that is presently at this address is not in comliance with the Massachusetts General Laws relative to the installation of automatic smoke detectors and the oil burner installation and oil storage records at the Fire Department does not indicate the name of the present owner. Respectfully, /pva�z�- Norman P. LaPointe Fire Inspector cc: Appellant Building Inspector File Form #105 '