33 DUNLAP STREET - COLLETT JR, JAMES B - ZBA i33 Dunlap St. (R-2) —
James B. Collett Jr.
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33 Dunlap St. (R-2)
James B. Collett Jr.
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DECISION ON THE PETITION OF JAMES COLLETT JR. FOR A
SPECIAL PERMIT FOR 33 DUNLAP ST. , SALEM
A hearing on this petition was held April 17, 1985 with the following Board
Members present: James Hacker, Chairman; Messrs. , Charnas, Gauthier, Luzinski and
Associate Member Bencal. 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.
Petitioner, owner of the premises, is requesting a Special Permit to convert an
_ existing two family dwelling into a three family dwelling in this R-2 district. .
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 IX D,
grant Special Permit for alterations and reconstruction 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 Board of Appeal, after careful consideration of the evidence presented at the
hearing, and after viewing plans of the property, makes the following findings of
fact:
1 . There was substantial neighborhood opposition;
2. Although the petitioner was allowing six (6) parking spaces 'in the
rear of the building, that would have eliminated a large portion of
the green space, therefore being a detriment to the neighborhood;
3. The premises would not be owner occupied;
4. Plans were unclear as to the actual width off' the driveway;
5• Although there are currently a few three family houses on the street,
they were there prior to Zoning Ordinance being enacted;
6. Petitioner has owned the property less than three months.
` DECISION ON THE PETITION OF JAMES COLLETT JR.
r FOR A SPECIAL ,PERMIT FOR 33 DUNLAP ST. , SALEM
page two
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 . The proposed use will not promote the public health, safety, convenience
and welfare of the City' s inhabitants;
Z. The relief requested cannot be granted without substantial detriment
to the public good. .
Therefore, the Zoning Board of Appeal by a vote of one (1 ) in favor, four (4) against ,
denied the petition the Special Permit requested.
SPECIAL PERMIT DENIED
James B. .Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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APPEAL FRV- THIS DECISI"N. IF ANY, SHALL BE MADE PURSUAidi 70 SECTION 17 OF
THE t ASS.
GENERAL LA'1.'S. CHAPTER E:S. AIiD SHALL EE FILED WITY.R: 20 DAYS AFTER THE DATE OF FILItdG
�• IN TRE OFFICE CL TOE CITY CLEP,K, F SpEClAL FEP."41T
OF THIS DECISi.�. SECT I Did li. THE \';.RIANCS 0-.,(; THE CERT-
OF
A COPi DF THE?EBIS;=:;.
PURSAtdi TC ' ;5 SE" '�-. �." TER EDS, (ti0 .,0 APPEAL HS BEEN FILED.
cgALL INS i�=.E EFFECT Oil �'tAPSED 'IED IS
GRAt(TED H`_"'' :. HAVE . �c ,i c
HAS ELE6 L".S..ED CR Dt:• THE Mt'iEP.
FILA7P;:': GF 1H: CI?Y CLEE•. iHAT 29 DAPS a NAIGE OF
pR iHAT !F S:'.-:". A:! AFFCAL He.S BEEN i1LE. iHA1 IT
I,;DEXED UNULK TITLE..
S"U?H ESSEX RE::iSTRY OF CcE
REC JRDLD OR
OF P.ECuRD OR IS RECORDED AND NO. ON THE O'NNER•5 CERTIFICATE OF
OF APPEAL
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Pdur,4 , wsaliil� C^r^f"y�_teStLc pB- `. �F }]•_gH_-Ln@= --- f . nnc�e'ems.-wev-e.•m...--....,,e..n.. _y.,. _
attorney Thomas -Barratt. of before l oardmg buses for the � ago, T�
°es y tvj a li°ieatt:tatelldie¢B where curt4S S _'gey1w Jr" is Salem asked the jurors to notice trip back to 1*Iewburyport.:The . Ot"rt3s B:Tsylor Jr,, ;s alleged to told tate r=r-399t a hem a� 4
Ialleged to have-fatally stabbed a. on,P? Qr F BUkjer, , the Collins' Cafe across: the that he had left someone dead- r"
last April.
= Thes.?. ... W,,. tour took approximately an
street- and the location of hour.
Housing create to , . en's
-Berry- _ - such as the maze of zor
By NEISONBENTON yet ;ate construction of new vesting in new housing in Therecenty-anpointedSenate has ecea_tiv_ly frozen many �g and
t 'News Staff housing, he noted, would elute dounatown Salem. He said his chairman of the Joint Comm-t ^oup,es cut of the market. ouiioin� re�guia ons. r u�et�of
SALEM. — State Sen. a group of"captive consumers" plan has the backing of Mayor tee on Hous;ng and Urban Whereas the average home in the LiiUstive must, came from
{( Frederick E.Berry, D-Peabody, for the downtown area's states Anthony V. Salvo and City Plan- Development.Berry made clear alassachusetts sold far$31,0,"i7 thosei on the,- local ievel, he
E. told members of the Salem and restaurants. ner Gerard Kavanaugh. that the creation of new, affor• April of 1572, he commented, byacknowledges but both state
fi Rotary Club Tuesday that he "?would suggQst that the way dable housing throughout the April of 1991 the average had in- and municfral:officials should\
development of new housing is we revitalize Salem . . . is Berry's remarks echoed cam- state is one of his priorities. creased to X80,700, and is no he working tax allowbuildersto
i "1^!e are far-in some m a or doubt higher today. build so in the future people will
the downtown area could prove through a housing pian," said ments made recently by
to be the salvation of the city's Berry, whose 2nd Essex District Kavanaugh and by Ward'2 Coun. jiousing Pram ems,' a saiia Lo^atly he commented, it is h=ve houses to buy."
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beleaguered central business includes Salem, calor Stanley J. Usovicz jr. ao€� at t e Sox getting hard to find a single. _ While there:is not much open
zit district. Toward that end, he added,he while announcing his candidacy new housing being o—every family house priced at less than space left in. downtown Salem,
"We have poured federal and has arranged for state Com= for mayor Monday. Kavanaugh year m a assacnusa is nes no $30,000. Berry said, there are many old j
if state. money into the city of munities and Development has repeatedly said that with its come close cc tneetang . L1 order to encourage the con- buildings that could be turned
11
Salem over the p a s t Secretary Amy Anthony .vzd access to the commuter rail line man . .and ne numoer oz dome• sit^tc ono more ousing umts, into residential imus. He cited
i` decade . . . and we haven't other state housing officials to into Boston, the downtown area buvrn tamivas is no expecte $eiTy saxu, guvernmen mus he vacant Salem Armory on "
l ,given housing a place in that conduct a workshop April 30 for i s ripe far resident?a 1 to rah un s e a ae,. remove some of Lde eunrTranoes Essex Street. as one prime
i�
rehabilitation," Barry declared.- developers interested in in- development. erre sato` e cost of Housing Curren y ratan$ oeveioPers a-eamole. I
a a state fun . for
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By JOHN O'CONNELL material, or "many times the
y{ News Staff parents would not feel sufficiently r 4g s � proposed
On April 15, 1965, President Lyn- well educated to help the children ' # s a=7JL
p: don B. Johnson signed legislation. In other cases, he said, there is ora s, r
creating Title 1, a Great Society pro- "fear of schools,"if the parent never 5f ' x Ny � �r� By NELSON BENTON
l gram that would ensure everyone, did well in school. ' - „v Haws Staff
rich or poor, of receiving a solid But Chapter 1 students are not all BOSTON — State Sen. Frederick E.
education in the basic skills. Poor. The programs are set up in it ivti c _ �a , sit i, vy � Berry,D•Peabody, announced Tuesday he
Twenty years later, the program "target schools" chosen by he } t tF sir will file legislation to establish a state-
from
tate-
now called Chapter i has been number of students v/h0 come f om as t : funded compensation system for people ex- ,
threatened by the Reagan ad- low-income famines, but "once the � ' � Sys j t r� �� {sv O a r Try posed to hazardous wastes.
i ministration, but it remains the school is selected, any student in the v � y Berry's bill would ;implement many of
f r .
i largest single faderaliY-funded school who is not pe`arming up to ''' e v�, ' �r � W z��� s�'`-�, "�.'- `- the recommendations curtained in '_he
educat on program. standards is potentially eligible," s ;
,-'' c S '...Tt kz'tz'"j5' w h,�rt� .-rte.. C a c- `. 'nlyd interim, report OI the Special
lA And local educators say it works. Walsh said.is,
ocher words, it has " v v Lea-slative Commission on Liability or the
Tests required at the beginning and nothing to do with the individual's �, x ,1, Release of Oil and Hazardous ?faterials
the end of every year show a gradual economic status." a v h whion was released Tuesday morr_ing.
a but steady development in basic With 590 students, Peabody has ,es f �- ` ' �errY is a member ci that coo ^;scion
skills n their students. An ou+side h r ; which is chaired by Rep. Robert Emmet
3i
evaluation of the Salem system n the largest Chapter 1 ro ram on the f
North Shore. It star a as a summer " +° � i y- Hayes, D-PA mourn.
@. 1"r f ,e
1952-83 showed hat students scored and preschool Program, and now r R t r * n n,orde* address " he urgent and ieza-
consistently above the average ex- " 4 i t � '" d; -�^ i 4; - dcrary needs of people who believe they
spans the entire school syst m, with �:^ ���_. � ' !� �.`�x have been a Dred to oil or hazardous
petted scores on Dost-tests that reaming and
masa Programs h the � , °est r x
: materials," the commission is recommen-
Year. 1,..,.... .+.mel ac �n,l rane:,aoF a?t5 in - -