19 OSGOOD STREET - EMELIAN, PAUL - ZBA 19 Osgood St. R-2
PSJ Realty Tr.
Paul Emelian Tr. _
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PETITION
OF
SPECIALLPERMITUFORM191TRUSTEE
OSGOODSTREET, SALEM L�Y IUU77 �,n l05A
A Public Hearing on this petition was held AugustL4, 1985 with the
following Board Members present: James Hacker, Lqf;�-trmen;pMe!K MsSCharnas,
Gauthier, Luzinski and Strout. Notice of the hearing were properly
Published in the Salem Evening News in accordance with Massachusetts
General Law Chapter 4OA.
Petitioner, requests a special permit to allow him to convert the existing
two family dwelling into a three family dwelling. The premises, owner by
the PSS Realty Trust, is in on R-2 district.
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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 Appeal may, in accordance with the procedure and conditions
set forth in Section VIII F and IY, D, grant Special Permits for- alterations
and reconstruction of nonconforming structures, and for changes, enlargement,
extension or expansion of nonconforming lots, land, structures, and uses,
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 learning the evidence presented at the hearing, makes the
following findings of fact.
1 . The premises can accommodate five (5) piggyback parking spaces;
2. Traffic and parking problems in the neighborhood will not be
substantially affected by the addition of one dwelling unit.
On the bases of the above findings of fact and on the evidence at the
hearing, the Board of Appeal concludes as follows;
1 . The petition can be granted without disjecting from the intent or
purpose of the Ordinance;
2. The proposed change to a three-family dwelling will not be
substantially more detrimental to the neighborhood or public
good than the existing two (2) family dwelling.
Therefore, the Board of Appeal voted unanimously 5-0 to grant the
relief requested, provided that;
PAGE 2
PETITION OF PAUL EMELIAN, TRUSTEE OF P S J REALTY TRUST, FOR
A SPECIAL PERMIT FOR 19 OSGOOD STREET, SALEM.
1 . Not more than nor less than five (5) non-piggyback parking
spaces be maintained on the premises;
2. The premises be owner occupied;
3. A Certificate of Occupancy be obtained.
S o t E. Charnas, Secretary"
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND CITY CLERK
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GF REGGiJ OR IS RECORDED AJD hOl E0 0l T'E OrlEna E�i�l\FIw.:2 Ci 1i�iE.
BOARD OF APPEAL
Board of Appeals
Salem, Mass.
We , the undersigned residents of Osgood Street, wish to be
recorded as opposed to the granting of a special permit for an
additional living unit at 19 Osgood Street, for the following
reasons :
1. The area is already densely populated;, being an
older section of the city, most homes are on under-
sized lots .
2 . Parking is at minimum; most residents do not have
adequate off street parking and are forced to park
on the street, if space is available.
3. On street parking creates a, potential hazard to
youngsters in the area and an inconvenience to
residents. Osgood Street does not need more cars
,4 to park on the street.
We, the undersigned, do not feel that the intent of the Zone
Ordinance or the common good of the neighborhood would be served
by granting this permit. /