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46-48 ORNE STREET - EMMANS, RANDY - ZBA 46-48 Orne St. R-2 Randy Emmans 6+� J JUL 2 i (fit of �ttlrm, 'Tassarl �Z etts JU s �nttrd of �upeal "nt1 Y c , JUL DECISION ON THE PETITION OF RANDY EMMANS FOR A VARIANCE AT 46-48 ORNE ST. (R-2) A hearing on this petition was held June 27, 1990 with the following Board Members present: Richard Bencal , Chairman; Edward Luzinski , Vice Chairman; Joseph Correnti , Secretary; Richard Febonio and Mary Jane Stirgwolt. Notice of the meeting 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. Petitioner, owner of the property, is requesting a Variance to allow existing two family dwelling to be converted into a three family dwelling in this R-2 zone. 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 or 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; 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 careful consideration of the evidence presented at the hearing and after viewing the plans, makes the following findings of fact: 1 . There was substantial neighborhood opposition to the petition. 2. Letter of opposition with twenty (20) names of abutters opposing the petition was submitted. 3. Petitioner offered no evidence of hardship. 4. The granting of the variance would not be in harmony with the neighborhood. 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 . Special conditions do not exist which especially affect the subject property and not the district in general . 2. Literal enforcement of the provisions of the Zoning Ordinance would not involve substantial hardship on the petitioner. 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district and the purpose of the Ordinance. DECISION ON THE PETITION OF RANDY EMMONS FOR A VARIANCE AT 46-48 ORNE ST. , SALEM page two Therefore, the Zoning Board of Appeal voted unanimously, 0-5, against the granting of the requested Variance. Having failed to garner the required four affirmative —+ votes to pass, the motion to grant fails and the petition is denied. VARIANCE DENIED. 'R'ichard Febonlo, Member, Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, if any, shalt be made pursuant to Section 171* the Mass. General Laws, Chapter BOB, and shall be filed within 20 days atter the date of filing of this decision in the office of the City Clerk. Puruant to Mass. General Laws, Chap•.er 303, Section 11, the Variance nr +oecial Permit ;ranted herein shall not take effect a^til a cony of the de,ioion, bearin4 the certification of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissee. or denied is recorded in the South Essar f Deeds and indexed under the name or the owner W record Q Registry o Is recorded and noted M the owner's Certificate of Tide. BOARD OF APPEAL 7� J Too Not to be used for determining the perimeter MORTGAGE INSPEriesCTION PLAN he lot shown,This plan is only to show me Opp roximate location pl structures as they relate 10 zoning by-law setback requirements. d � � I I cA4.K I s'= S l5rt W.F p A15.44 48 2 100, fbeca 3 1 yo �' / 0jo� . 47 s b THIS IS A MORTGAGE LOAN INSPECTION FOR FINANCIAL PURPOSES ONLY Location SALEM MASSACHUSETTS nry oa rover -- * October 10 1956 eters Dale Scale: I Inch= 30 ' feet _ Deed and Plan Reference: 1 e 422 Registryof Deeas Deed Book 6698 Page Plan Book Page Cert of Title No. d Certification Is hereby made to: end an bank fliddl,Sox that the existing structures as shown ere silualed on the lot designated in compliance with the applicable Zoning By-laws for setback,area and frontage requirements Of the municipality when constructed. Certillcatl.n Is hereby made that the structures shown on this plan IS NOT U•�4r located within a Special Flood Hazard Area as delineated on the FIRM map of • ��-1 Community Number_ 250102 000111 • •uwoLW ------�Date 8/5/85 a This plan was prepared to conform to the regulations of the Commonwealth of a" Massachusetts 250 CMR 5.05. By: MALCOLM N.JOHNSTON CO. esorr 1026 MASSACHUSETTS AVENUE ARLINGTON,MA 02174 n-5956 City of 'Sittlem, C Ia5suchusetts j4'@c 'Fire Pepart=nt �Heabquartrrs usxc 48 Pfgctte ,'itreet Joseph F. Sullivan *a&m, 4{a. 01970 Chief City of Salem Re: 46-48 Orne Street Board of Appeal Randy Emmans One Salem Green Hearing date: June 27, 1990 The property located at #46-48 Orne Street has current compliance with the provisions of Chapter 148, Section 26E, Massachusetts General Laws relative to the installation of automatic smoke detectors. The Salem Fire Department has no objection to the granting of a Variance to convert a two family dwelling into a three family dwelling subject to the following conditions: 1. Plans for the proposed construction are presented to the Fire Prevention Bureau for approval prior to the issuance of a building permit. 2. The proposed construction shall conform to all applicable provisions of the Massachusetts State Building Code, 527 Code of Massachusetts Regulations, the Salem Fire Prevention Code, the Salem City Ordinances, and Massachusetts General Laws relative to fire safety. 3. The applicant shall arrange for an inspection by the Fire Prevention Bureau upon completion of the work. Signed, Robert W. Turner, Fire Marshal @litg of S-atem, �Nagsarhusetts Offire of the Ctg Tounrif tQitg all WARD COUNCILLORS MARK E. BLAIR 1990 COUNCILLORS-AT-LARGE PRESIDENT GEORGE A.NOWAK 1990 JOSEPHINE R. FUSCO KEVIN R.HARVEY DONALD T.BATES CITY CLERK VINCENT J.FURFARO GEORGE P.WCABE JOHN R.NUTTING DAVID B.LEONARD EARV UDR RICHARD E.SWINIUCH - MHAY . SARAH M.HAVS ES MARK E.BLAIR June 27, 1990 Mr. Richard Bencal, Chairman Board of Appeal City of Salem Salem, MA 01970 Dear Mr. Bencal: I wish to be recorded as opposed to the petition of Randy Emmans for a Variance to convert a two-family dwelling into a three-family dwelling at 46-48 Orne Street. The density of the area, as well as the current traffic and parking problems, already cause a burden on .the area, and if granted, this request would greatly add to the neighborhood' s hardship. Very truly yours, JOHN R. NUTTING COUNCILLOR-AT-LARGE JRN/deb Qgttg of Salem, �ffittssar4usetts s (offire of the (9itg Gunrit 3 Ctu �Ii[it �jye1B WARD COUNCILLORS MARK E. BLAIR 1990 COUNCILLORS-AT-LARGE PRESIDENT GEORGE A.NOWAK 1990 JOSEPHINE R. FUSCO KEVIN R.HARVEY DONALD T.BATES CITY CLERK VINCENT J.FURFARO GEORGE P.MCCABE June 27 , 1990 LEONARD F.O'LEARY JOHN R.NUTTING DAVID B.GAUDREAULT RICHARD E.SWINIUCH SARAH M.HAVES MARK E.BLAIR Board of Appeal City of Salem One Salem Green Salem, MA 01970 Re : 46-48 Orne Street: Dear Members : As the Councillor of Ward Six, I am writing to express my opposition to the petition of Randy Emmans, for a variance to convert the two family dwelling at 46-48 Orne Street into a three family dwelling. Over the past few days , I have had several calls from con- stituets who live in close proximity to the house in question. These residents have expressed grave concerns relative to increasing the density of the existing neighborhood. Typical of Salem, the houses in the area are close together and are built on non-conforming lots, most of these homes are one or two family homes , with their owners raising families . To be- qin to allow more units in the existing housing stock in the area would greatly detract from the quality of life that these neighbors currently enjoy. a This would derogate from the intent of the Zoning Ordinance and would not be in the interest of public good. I apologize for not being able to appear personally and hope that you consider my request for denial of the petition. Since ply, Sarah M. Hayes Counc ' 1 r, Ward Six 0It#g a# 'Sa em, �ffittssttr4use##s (Offire of#lle @Si#g @[nunri! �itg �nll �QNINBt WARD COUNCILLORS MARK E. BLAIR 1990 COUNCILLORS-AT-LARGE PRESIDENT GEORGE A.NOWAK 1990 JOSEPHINE R. FUSCO KEVIN R.HARVEY DONALD T.BATES CITY CLERK VINCENT J.FURFARO GEORGE P.MLCABE LEONARD F.O'LEARV JOHN R.NUTTING DAVID B.GAUDREAULT RICHARD E.SWINIUCH SARAH M.HAVES MARK E.BLAIR June 26, 1990 Mr. Richard Bencal, Chairman Board of Appeal City of Salem Salem, MA 01970 Dear Mr. Bencal and members of the Board: I regret that I have another engagement that requires my attendance and therefore could not be at tonight' s meeting. However, I wish to make known my opposition to the proposed conversion of a two-family to a three-family at 46-48 Orne Street. This neighborhood is already having parking and traffic problems and any further development would only serve to make a bad situation worse. I have received several phone calls from the abutters of this property who are in opposition to this conversion. For your infor- mation, I understand that a similar request was made to convert , this property about a year ago by the previous owner and the Appeals Board rejected it. I encourage you to also reject this request. If you have any questions, please do not hesitate to call me. Very truly yours , "&xW77�� r DONALD T. BATES COUNCILLOR-AT-LARGE PETITION JUNE 20 , 1990 We the undersigned owners and residents wish to register our strong opposition to the application - of Randy Emmans for a Variance to convert a property at 46-48 Orne Street from an existing two family dwelling to a nonconforming three family dwelling. The area in question is zoned° R-2. Ours Is one of the few neighborhoods in Salem which is predominantly consistent and conforming to the current zoning plan . We oppose this application because It Increases density and we are concerned about the adverse precedent it might set in terms of other properties on Orne . St . , many of which are also two family dwellings more or less Identical to the subject property in physic.al� appearance, size , and property area. We feel there Is no hardship in the true legal sense , but that said application is primarily motivated by profit considerations, the applicant having owned the property approximately one year and residing elsewhere . We urge the Board of Appeals to affirm the Integrity of our neighborhood, and the zoning plan for It , by denying this application. NAME ADDRESS i-2, 9V or. '.a .5> r o 1,v".' t PETITION JUNE 20 , 1990 We the undersigned owners and residents wish to register our strong opposition to the application of Randy Emmans for a Variance to convert a property at 46-48 Orne Street from an existing two family dwelling to a nonconforming three family dwelling. The area in question is zoned R-2. Ours is one of the few neighborhoods in Salem which Is predominantly consistent and conforming to the current zoning plana We oppose this application because it Increases density and we are concerned about the adverse precedent it might set In terms of other properties on Orne St . , many of which are also two family dwellings more or less identical to the subject property in physical appearance , size, and property area. We feel , there is no hardship in the true legal sense, but that said application is primarily motivated by profit considerations, the applicant having owned the property approximately one year and residing elsewhere . We urge the Board of Appeals to affirm the integrity of 'our neighborhood, and the zoning plan for it , by denying this application . P18M ADDRESS zz o Q `� .