70 ESSEX STREET - KLINE & GORFINKLE & MUSMAN, STEVEN & JEFFREY & IRA - ZBA 70 Essex St. R-2 " -
Steven Kline, Ira Gorfinkle
Jeffrey Musman, Esq.
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DECISION ON THE PETITION OF STEVEN KLINE, IRA GO11MMM I&D MF MY
MUSMAN FOR A SPECIAL PERMIT AND A VARIANCE FOR 70 ESSEX STREET _
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A hearing on this petition was held April 27, 13$3 cJv'KI ,fhe' ToEfwing Board
Members present: James Hacker, Chairman, Scott Charms, Acting Secretary, Messrs.
Hopper, Luzinski, Bencal. Notice of this hearing was sent to abutters and others
and a notice of the hearing was published in the Salem Evening News in accordance
with Massachusetts General Laws Chapter 40A.
The petitioners have requested a Special Permit for the property in question to
allow them to convert the existing two-family structure into a three-family
structure. Petitioners have also requested a variance from the minimum parking
requirements to permit a one (1) space per dwelling unit minimum.
The Board of Appeal, after consideration of the evidence presented at the public
hearing and after viewing the plans of the property makes the following findings
of fact.
1. Substantial opposition to petitioner's plan was raised by neighbors;
2. Petitioner's knew or should have known that the structure was a two
family dwelling at the time they purchased it on or about.January, 1983;
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3. The area in which the property is located already suffers from a very.
high traffic density,and parking in the area is already- at a premium and
creates a traffic hazard.
On the basis of the above findings of fact, and the evidence presented at the
public hearing, the Board of ppeals concludes as follows:
1. The inability of the petitioners to meet the minimum parking requirements
for a three family dwelling does not work a substantial hardship on them.
2. The granting of a Special Permit to allow the conversion to a three family
would be substantially more detrimental than the existing non-conforming
use to the neighborhood.
Therefore, the Zoning Board.of Appeal voted unanimously to deny the petitioner's
request for a Special Permit and a Variance.
APPEAL FROM THIS DEClS10;7, IF ANY, SHALL BE 18ADE PURSUANT TO SECTION 11 OF THE.MASS.
GENERAL LAPIS, CHAPTER 803, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OFr
OF THIS DECISION IN THE Dr ICE OF THE CITY CLERK. -
PUR.SANT TO .'.:ASS. CRIERAL LAYS, CHAPTER 803, SECTION 11, THE VARIANCE OR SPE cotIALPEE'T Charm S, Acting Secretary
GRANTED HEREIN, SHALL NOF TA.E EFFECT UNTIL A COPY OF THEDECISION. BEARiN•O THE CERT
FiCATION OF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED. _
OR :HAT. IF SULH AN APPEAL HAS BEEN FILE. THAT IT HAS BEEN DISMASSEO OR DENIED IS -
RECORDED IN FiIE SCUM ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER _
CF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.- -
BOARD OF APPEAL -
A COPY OF THIS DECISION AND PLANS HAVE BEEN FILED WITH THE PLANNING BOARD
AND THE CITY CLERK
CARTER & TOWERS ENGINEERING CORP.
Joseph D.Caner
Professional Engineer 6 FAIRVIEW AVENUE
Regislered Land Surveyor SWAMPSCOTT, MASS. 01907 --
/O r ~ Tel. 592-8386
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To the iAG��+� S¢ SAt/ivGS
and rra 7,_1 usuR�eS
hereby certify that I have examined
the premises,and all easements,
encroachments and buildings are
located on the ground as shown.
qa r. further certify that the buildings shown
3 4 conformed to the zoning laws of
cS'AC.'CAP
When constructed. i
f� fu;,her certify 'f this property
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does not repreo.:;, a propert,, surrey.
To be used for ::ori;-age purposes Only.
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