Loading...
46-48 ORNE STREET - MCMAHON, PETER & KEVIN - ZBA s 46-48 Orne St. R-2 Peter & Kevin McMahon C-< \ C�7 ���. 4y..00PM},0� k Ti#v of 'SaIrm, tIBsttC�ju$P##S Pourb of Appml Nov 18 2 59 PM '61 •Orurvs� FILE# CITY CLERK.SALEM.MASS. November 16, 1987 Josephine Fusco City Clerk Dear Mrs. Fusco: You are hereby notified that at the October 28, 1987 meeting of the Board of Appeal the petition of Peter & Kevin McMahon for a Variance at 46-48 Orne St. , was allowed to withdraw without prejudice by a vote of 3-2. BOARD OF APPEAL Peter Strout Member / PS:bms E�.1_j Lu J c;� c Peter A. XcKabon 10 Settlers Way Salem, ISA 01970 October 27, 1987 Chairman Board of Appeals One Salem Green Salem, MA 01970 Dear %r. Cbairman: I would like to withdraw without preJudice the request for a variance with regard to the property of 45-48 Orne Street. Do to circumstances beyond my control I am unable to attend the meeting this evening. I would like to thank the board for accepting this withrawal. Ny apologies to anyone wbo bas been inconvienienced. Sincerely, ',1. �/ � � `�`�i ����`���'CF�� Z+'•' Peter A. XcRabon PA)(/km if tjjejjj 4 r_jj- -s!5acl ust_jt!; Office of Clic (C Eounril WARD COUNCILLORS LEONARD F. O'LEARY­ 1987 COUNCILLORS-AT-LARGE PRESIDENTS,T"'O'. "0. GEORGE A.NOWAK 1987 JOSEPHINE R. FUSCO KEVIN R.HARVEY ROBERT E.GAUTHIER CITYCLERK VINCENT J.FURFARO FRANCES J.GRACE LEONARD F.O'LEARY NEIL J.HARRINGTON JEAN-GUY J.MARTINEAU RICHARD E.SWINIUCH GEORGE P.McCABE JOHN R.NUTTING Mr. James Hacker Chairman Board of Appeal Ono Salem Green Salem, MA 01970 Re: Petition for Variance at 46-48 Orne Street Dear Mr. Hacker: I am writing to you to express my opposition to the petition for a variance to convert a 2 family structure to a 3 family structure at 46-48 Orne Street. I would very much like to be present at the hearing tonight to discuss this issue in detail. However, I must attend a meeting in the City Council Chambers regarding a problem with the neighborhood residents in the area of Salem Suede. I will certainly, though, testify at the Board of Appeal meeting if the Salem Suede meeting concludes at a time which allows me to be present at your hearing on this matter. I am opposed to the petition because of its negative impact upon the character of the existing neighborhood. It is primarily an owner-occupied residential area, and this proposal for the expansion of its use, with absentee ownership, and the potential for renting apartments to college students, will disrupt the character of the neighborhood. I hope and expect that the Board of Appeal and will deny this petition. Thank you for your consideration. Sincerely, JMCC -'2� Georgeale Councillor Ward VI J657 r n P.n en October 8 , 1987 C11v,. 65 Dearborn St . Salem, MA 01970 City of Salem Board of Appeal Salem City Hall Salem, MA 01970 RE: Petition of McMahon 46-48 Orne St. Gentlemen: I would like to request that the above-identified peti- tion be denied . I believe that allowing a conversion of a two-family house to a three-family house would not be in the best interests of our neighborhood . The property in question is in an R-2 zone and many people have bought houses in that neighborhood based on that type of zoning. I believe that they have a right to rely on a continuance of no more then two family homes in the neighborhood. I am certain that the petitioner has only good inten- tions when seeking the variance, and I am certain that there are many good economic and personal reasons for the request . I looked at the house and it is large enough to have a third apartment placed in it in the attic. But if one looks at the adjacent houses , it becomes apparent to me that to allow this variance would give rise to the thought in the minds of many other adjacent property owners that they too could convert to 113 ' s" and make a bit more money. The entire neighborhood could easily fall like a row of dominoes . And this could lead to condo-conversion with all of the problems that that entails . I regret that the Board did not hold the hearing last night, because I wanted to explain my position personally . Since I probably will not be able to attend the next hear- ing, this letter will have to suffice. Thank you for the time . er t u - yours, Owen J Mee an George olhomas O'Bi�ne _s Co1111se((07- at Lazo Z! JLortl St.„ Sa(cr?4, -rA,fqssacfiiisctts 01910 September 25 , 1987 Clerk, Zoning Board of Appeals 1 Salem Green Salem, MA 01970 RE: :5-46 Or._e Str_.. McMahon Petition, October 6 , 1987 Dear Sir : Please note my objections to Mr. McMahon' s petition to change a two family house located at 46-48 Orne Street into a three family tenement. I urge you to consider that this dwellin; 9s in one of the few "nice” residential areas left in Salem. It borders an R-1 District in an area that as of today has no ticky- tacky dwelling units - units that are so prevalent in the rest of the city. Granting of this permit/variance would be the beginning of blight in this area . Lastly, even a brief glance at the cases interpreting hardship reveals that this permit cannot be validly given by the Zoning Board of Appeals . For all c' the above reasons , r urge you to deny Mr . McMahon ' s request. Respectfully, George T. O' Brine GTO/ks George 9Ihomas O'hrine o o 1 1 Caunsc((oi at La-.0 24 St. Sn(cr;4. ?Iissac(usctts 01970 611-'7#'S-' 4 CiTYc September 25 , 1987 Clerk, Zoning Board of Appeals 1 Salem Green Salem, MA 01970 �McMahon Petition;Octob re 6 , 1987 Dear Sir: Please note my objections to Mr. McMahon' s petition to change a two family house located at 46-48 Orne Street into a three family tenement. I urge you to consider that this dwellin; is in one of the few "nice" residential areas left in Saie:ri. It borders an R-1 District in an area that as of today has no ticky- tacky dwelling units - units that are so prevalent in the rest of the city. Granting of this permit/variance would be the beginning of blight in this area. Lastly, even a brief glance at the ca-ses interpreting hardship reveals that this permit cannot be validly given by the Zoning Board of Appeals . or all of the above reasons , I urge you to deny Mr. McMahon ' s request. Respectfully, George�0' Brine GTO/ks Salem Fire Department Fire Prevention Bureau 48 Lafayette Street Salem, Ma 01970 ( 617 ) 745-7777 TO: Board of Appeal FROM: Capt. Turner, Fire Prevention Bureau RE: Comments relative to October 7 , 1987 meeting 46-48 Orne Street Peter McMahon Hearing date : October 7 , 1987 The property located at #46-48 Orne Street hag current compliance with the provisions of Chapter 148 , Section 26E, Massachusetts General Laws , relative to the installation of automatic smoke detectors in a two family dwelling. The Salem Fire Department has no objection to the granting of a Variance to convert the existing two family into a three family at this location on the condition that the owner install the proper fire alarm system for a three family dwelling and obtain compliance prior to the issuance of a Certificate of Occupancy. Peter A. Xcldabon 10 Settlers Vay Salem, XA 01970- October 7, 1987 Xr. James B. Backer Chairman City of Salem Board of Appeal Dear Xr. Chairman, Please allow the petition to be continued for the variance on the property of 48 Orae Street, Salem. I am requesting that this hearing be postponed until the next hearing date, for the following reasons: 1) The proper drawings which I would like to submit to the board are not fully completed. 2) I have. elected to retain legal council regarding this variance, unfortunately I was unable to secure a lawyer for this evening. . I hope that these reasons are satisfactory Mr. Chairman, and would like to thank you for considering my request. I hearby waive all time requirements until next meeting. Sincerely,,, Peter A. XCXahan km/PAX of 4 :21re11�,���.' .�2S55c�C�lISC' f5 (# fffir of the ��ctp (fiuuncil a itua'all `; .3��SS• WARD COUNCILLORS LEON�RDFrQ%LARY 1987 COUNCILLORS AT-LARGE q `PRESIDENT GEORGE A.NOWAK 1987 `ZA E PH I N E R. FU SCO KEVIN R.HARVEY ROBERT E.GAUTHIERCITY CLERK VINCENT J.FURFARO , FRANCES J.GRACE LEONARD F.O'LEARY NEIL J.HARRINGTON JEAN GUY J.MARTINEAU RICHARD E.SWINIUCH GEORGE P.McCABE JOHN R.NUTTING Mr. James Hacker Chairman Board of Appeal One Salem Green Salem, MA 01970 Re: Petition for Variance:at 46-48 Orne Streetl Dear Mr. Hacker: I am writing to you to express my opposition to the petition for a variance to convert a 2 family structure to a 3 family structure at 46-48 Orne Street. I would very much like to be present at the hearing tonight to discuss this issue in detail. However, I must attend a meeting in the City Council Chambers regarding a problem with the neighborhood residents in the area of Salem Suede. I will certainly, though, testify at the Board of Appeal meeting if the Salem Suede meeting concludes at a time which allows me to be present at your hearing on this matter. I am opposed to the petition because of its negative impact upon the character of the existing neighborhood. It is primarily an ro .owner-occupied residential area, and this proposal for the expansion of its use, with absentee ownership, and the potential for renting apartments to college students, will disrupt the character of the neighborhood. I hope and expect that the Board of Appeal and will deny this petition. Thank you for your consideration. Sincerely, George McCabe Councillor Ward VI J657 rrnr j r„t Ff,•� CF Peter A. XcKahon 10 Settlers Vay Salem, AEA 01970 October 27, 1987 Chairman Board of Appeals One Salem Green Salem, MA 01970 Dear Xr. Chairman: I would like to withdraw without prejudice the request for a variance with regard to the property of 46-48 Orne Street. Do to circumstances beyond my control I an unable to attend the meeting this evening. I would like to thank the board for accepting this withrawal. Xy apologies to anyone who has been inconvienienced. Sincerely, L Peter A. XcYahon PAX/km F r'F I 1i October 8, 1987 CITY OF sz E CSS_ 65 Dearborn St. Salem, MA 01970 City of Salem Board of Appeal Salem City Hall Salem, MA 01970 RE: Petition of McMahon 46-48 Orne St. Gentlemen: I would like to request that the above-identified peti- tion be denied . I believe that allowing a conversion of a two-family house to a three-family house would not be in the best interests of our neighborhood. The property in question is in an R-2 zone and many people have bought houses in that neighborhood based on that type of zoning. I believe that they have a right to rely on a continuance of no more then two family homes in the neighborhood. I am certain that the petitioner has only good inten- tions when seeking the variance, and I am certain that there are many good economic and personal reasons for the request. I looked at the house and it is large enough to have a third apartment placed in it in the attic. But if one looks at the adjacent houses , it becomes apparent to me that to allow this variance would give rise to the thought in the minds of many other adjacent property owners that they too could convert to 113 ' s" and make a bit more money. The entire neighborhood could easily fall like a row of dominoes . And this could lead to condo-conversion with all of the problems that that entails . I regret that the Board did not hold the hearing last night, because I wanted to explain my position personally. Since I probably will not be able to attend the next hear- ing, this letter will have to suffice. Thank you for the time. Per t - yours , f Owen J Mee an George 'Thomas O'Brine Dn ,IRD 0 F i.N-1 L Counse(Cor at Law 24 Nortsachusetts 01970 F. '(j v2 6'i -7V'5-- 24 `'I''E71 :C?ITY er SAI LEN. MASS. September 25, 1987 Clerk, Zoning Board of Appeals 1 Salem Green Salem, MA 01970 RE* nG-_n.jj. -0r�_n fi}roil - McMahon Petition, October 6 , 1987 Dear Sir: Please note my objections to Mr. McMahon' s petition to change a two family house located at 46-48 Orne Street into a three family tenement. . I urge you to consider that this dwelling is in one of the few "nice" residential areas left in Salem. It borders an R-1 District in an area that as of today has no ticky- tacky dwelling units - units that are so prevalent in the rest of the city. Granting of this permit/variance would be the beginning of blight in this area. Lastly, even a brief glance at the cases interpreting hardship reveals that this permit cannot be validly given by the Zoning Board of Appeals . •Ur all 3' the ahove reasons , I urge you to den-.y Mr . McMahon' s request. Respectfully, George T. O'Brine GTO/ks 1 n� October 8 , 1987 CFI 65 Dearborn St . Salem, MA 01970 City of Salem Board of Appeal Salem City Hall Salem, MA 01970 RE: Petition of McMahon 46-48 Orne St. Gentlemen: I would like to request that the above-identified peti- tion be denied . I believe that allowing a conversion of a two-family house to a three-family house would not be in the best interests of our neighborhood . The property in question is in an R-2 zone and many people have bought houses in that neighborhood based on that type of zoning. I believe that they have a right to rely on a continuance of no more then two family homes in the neighborhood . I am certain that the petitioner has only good inten- tions when seeking the variance, and I am certain that there are many good economic and personal reasons for the request. I looked at the house and it is large enough to have a third apartment placed in it in the attic. But if one looks at the adjacent houses, it becomes apparent to me that to allow this variance would give rise to the thought in the minds of many other adjacent property owners that they too could convert to 113 ' s" and make a bit more money. The entire neighborhood could easily fall like a row of dominoes . And this could lead to condo-conversion with all of the problems that that entails . I regret that the Board did not hold the hearing last night, because I wanted to explain my position personally. Since I probably will not be able to attend the next hear- ing, this letter will have to suffice. Thank you for the time. er t i yours � Owen JIM tslifL u�±Pd l ��E:�1 3 to 1� frJ1 RE Or IV,`!D CITY OF S},LEH,HAM Peter A. McNahon 10 Settlers Vay Salem, NA 01970 October 27, 1987 Chairman Board of Appeals One Salem Green Salem, IIA 01970 Dear Mr. Chairman: I would like to withdraw without prejudice the request for a variance with regard to the property of 46-48 Orne Street. Do to circumstances beyond my control I am unable to attend the meeting this evening. I would like to thank the board for accepting this withrawal. Xy apologies to anyone who has been inconvienienced. Sincerely, Peter A. McMahon PANI.km 'cow of ialem, .,4*,,14ss4r4us.rft6 +pp Office of the Cite Guncil ' k lL f*'1 �,b 9 (QIf� �;� Vl :t 15req(�i 3 U'I 4o4wk qD*� ♦ WARD COUNCI LLORS LEONARD F:O'L EARY, f,I -ggl^fi 1987 COUNCILLORS-AT-LARGE PRESIDENT, ,Jt jY G� yl M1- "5'J'J' GEORGE A.NOWAK 198] lL''�� ROBERT E.GAUTHIER JOSEPHINE R. FUSCO i KEVIN R.HARVEY CITY CLERK VINCENT J.FURFARO FRANCES J.GRACE LEONARD F.O'L EARV NEIL J.HARRINGTON JEAN-GUY J.MARTIN EAU RICHARD E.SWINIUCH GEORGE P.McCABE JOHN R.NUTTING Mr. James Hacker Chairman Board of Appeal One Salem Green Salem, MA 01970 Re: Petition for Variance at 46-48 Orne Street Dear Mr. Hacker: I am writing to you to express my opposition to the petition for a variance to convert a 2 family structure to a 3 family structure at 46-48 Orne Street. I would very much like to be present at the hearing tonight to discuss this issue in detail. However, I must attend a meeting in the City Council Chambers regarding a problem with the neighborhood residents in the area of Salem Suede. I will certainly, though, testify at the Board of Appeal meeting if the Salem Suede meeting concludes at a time which allows me to be present at your hearing on this matter. I am opposed to the petition because of its negative impact upon the character of the existing neighborhood. It is primarily an owner—occupied residential area, and this proposal for the expansion of its use, with absentee ownership, and the potential for renting apartments to college students, will disrupt the character of the neighborhood. I hope and expect that the Board of Appeal and will deny this petition. Thank you for your consideration. Sincerely, �C J QITL'�p George McCabe Councillor Ward VI J657 MORTGAGE INSPECTION PLAN Not to be used for determining the perimeter boundaries of the lot shown. This plan is only to show the approximate location of structures as they relate to zoning by-law setback requirements. I GA s't � °0 I Z/ 67y, I z N jjo oti Dlet THIS IS A MORTGAGE LOAN INSPECTION FOR FINANCIAL PURPOSES ONLY Location SALEM MASSACHUSETTS CIN OR TOWN STATE Date October 10, 1986 Scale: 1 inch = 30 feet — - ' Deed and Plan Reference: - 1 Essex I li i Registry of Deeds I Deed Book 6698 Page 422 Plan Book Page t Cert. of Title No. 3-I Certification is hereby made to: Peter A. McMahon and Baybank Middlesex that the existing structures as shown are situated on the lot designated in compliance with the applicable Zoning By-laws for setback,area and frontage 9 43 requirements of the municipality when constructed. P Y r Certification is hereby made that the structures shown on this plan IS NOT located within a Special Flood Hazard Area as delineated on the FIRM map of OF a 0+�t' 49 1166 Community Number 250102 00018 Date 8/5/85 MALCOLM This plan was prepared to conform to the regulations of the Commonwealth of jOHNSTON Massachusetts 250 CMR 6.05. MALCOLM N. JOHNSTON CO. 0 By: yOi 1026 MASSACHLISETTS AVENUE PROFE oiu�iAN ARLINGTON, MA 02174 A-5956 P