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11 ESSEX STREET - KEATON, SCOTT - ZBA 11 ESSEX ST. R-2 Scott Keaton -; : j4�,,, ,_....- 11 ESSEX ST. R-2 Scott Keaton • ,T`r�•irrt�� • Tity of alem, C"rl - � PaUrb of .ls� to J of ? lei DECISION ON THE PETITION OF SCOTT KEATON FOR A VARIANCE CITY y+MICE FOR 11 ESSEX ST. SALEM.MASS. A hearing on this petition was held January 14, 1987 with the following Board Members present: James Hacker, Chairman; Messrs. , Bencal, Fleming, 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 accordance with ` Massachusetts General Laws Chapter 40A. Petitioner, owner of the property,. is requesting a Variance to convert a two , � r family dwelling into a three. .family dwelling _in this R-2 district.'- _ A' petition to convert this property to a three family dwelling was denied by the.. board of Appeal on November 19,=1986.__ The Board of Appea after hearing evidence'- z: Y regarding substantial change;_s aid change_ being_ an acceptable parking plan, and after receiving' Consent from the Salem Planning Board, voted unanimously that there was substantial change in- the-petition and they would re-hear the case. The Variance which has been requested may be granted upon a finding of the Board rT 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 involve " = substantial. hardship; financial. or otherwise, to the 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. v The Board of Appeal, after careful consideration of the evidence presented and M 'V~ after viewing the plans, makes .the following findings of fact: 1 . There was major neighborhood support; 2. By allowing a three family dwelling it would enable the owner to substantially improve the building and thereby improve 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 exist. which especially affect the subject property but do not affect the district generally; - 2. Literal enforcement"of, the provisioris of the Ordinancewould involve substantial hardship to'lthe petitioner, 71r 3. The relief requested can. be granted without substantial .detriment to the „ public good and without"nullity ing or, substantially derogating from the intent of the district or the purpose of the Ordinance may. 4r DECISION ON THE PETITION OF SCOTT KEATON FORA , VARIANCE FOR 11 ESSEX ST. , SALEM page two " Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Variance requested and allow property to be converted to' a three family dwelling, subject to the following conditions: j . 1 . Property must be owner occupied; 2. Parking plan be designed so that cars will park at an angle away from Essex Street; 3. Property meet all regulations of the Salem Fire Department relative to r the installation of smoke detectors and fire alarm configuration, ,. ". :- - i" av e,.,•�` `t 4 A building permit be obtained for all construction, n s , Fn K ItIt �+ 5. A Certificate of Occupancy be obtained prior to proposed unit* < being"occupied. VARIANCE" GRANTED ames B. Hacker, Chairman.(• S A.COPY OF THIS DECISION HAS BEEN FILED. THE PLANNING BOARD° AND THE CITY CLERK 'r L B ^'.. PURSJ J T' F !0: 17 Cr 20' _ Ar;:R - Cc T.i_ r_ .: it Thi :IT/ C.0:.. OF RECHD OR IS fi 66RDED AI. ' Iz:; 0.: T::E OV.NER'S CERT-riE OF TITLE. I- - BOARD OF APPEAL P- a 1,r � 1 BAY STATE SURVEYING SERVICE INC. 1220597 2 o C� I 234 CABOT ST, BEVERLY, MA V LOCATION N OTES : SCALE ; I° = 20 � DATE..... ..........................(Jit!i -3v. I�f�(ais is a Mortgage inspection survey and not REFERENCE .D. _ � �?ogK_ �2,y _Q�/�(i�c&�,bent survey,therefore this plot plan is for SQC1 7.1t_ C inspection purposes only. ......... !�_• Q���� is survey is based on survey marks of To �f�,$ j�f2ti $ �,t,�Y �� - ushes,shrubs, fences and lase lines do I hereby certify that I have examined the premisesand that the building(s) shown on this plan are located on the ground as sarily indicate property lines. shown and that they conformed to the zoning setbacks of thee building(s) are not located in the special ? U r S C t ard zone as defined b H.U.D. � � when constructed. Y c yT ✓T � LOT -9 17 S �- - . 1/2 STYq-L n WOODV X11 LOTz# 176 47mfa ESSEX ST i i Y,CON Ctv of �$alettt, Aassar4usetts fi + Office of the (Clitg Council z � t 0tv pall �tpW qo'P' WARD COUNCILLORS LEONARD F.O'LEARY 1987 COUNCILLORS-AT-LARGE PRESIDENT GEORGE A.NOWAK 1987 JOSEPHINE R.FUSCO KEVIN R.HARVEY ROBERT E.GAUTHIER CITYCLERK VINCENT J.FURFARO FRANCES J.GRACE LEONARD F.O'LEARV NEIL J.HARRINGTON JEAN-GUY J.MARTINEAU RICHARD E.SWINIUCH GEORGE P.McCABE JOHN R.NUTTING January 8, 1987 Mr. James Hacker, Chairman Board of Appeal City of Salem Salem, MA 01970 Dear Mr. Hacker: Regarding the petition of Scott Keaton, I would like to inform you that the City of Salem has .no problem with removing the curbstone, so that Mr. Keaton would be able to add more parking spaces in front of his Essex Street home. Very truly yours�, GEORGE A. NOVMK COUNCILLOR WARD ONE GAN/deb COPY: Planning Board of �5,ttljm, fflttssar�usetts Onr "$aIrm Ogren January 9, 1987 Mr. James Hacker Board of Appeal One Salem Green Salem MA 01.970 RE: 11 Essex Street Dear Mr. Hacker: On January 8, 1987 the Planning Board determined, by a unanimous vo-e; tha` a substantial change has been made in the plan of the petition for 11 Essex Street which was denied by the Board of Appeal on November 19, 1986. The Planning Board respectfully suggests that the Board of Appeal consider the following suggestions intheirdecision: 1 . Preventing vehicles from backing onto Essex Street by creating diagonal parking spaces, angled in a southwesterly direction forcing vehicles to exit onto English Street rather than Essex Street. _ 2 . The dwelling be owner—occupied. If you have any questions regarding these suggestions, please feel free to contact me. Thank you for your consideration in this matter. Sincerely, lc�ct�.tex,B. `�o2uec ,1 Walter B. Power, III Chairman C1015 (OV of r w. (one Sulem Orem CONSENT We members of the Planning Board of the City of Salem, hereby consent to reconsideration by the Board of Appeal of the City of Salem of the action of the Board of Appeal on a certain petition filed on behalf of Scott R. Keaton, 11 Essex Street , dated December 3, 1.985, relating to proposed conversion at 1.1 Essex Street , Salem. A copy of said petition is attached to this consent. This Consent is given in accordance with and under the terms of Massachusetts General Law Chapter 40A, Section lo . Signed this � day of h�O-K., 1987. SALEM PLANNING BOARD