16-18 JUNIPER AVENUE - MCINTIRE III, FREDERICK - ZBA 16-18 Juniper Ave. R-1
Frederick McIntire III
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DECISION ON THE PETITION OF FREDERICK MCINTIRE, III FOR A
VARIANCE AT 16-18 JUNIPER AVE. (R-1 )
A hearing on this petition was held January 25, 1989 with the following Board
Members present: James Fleming, Chairman; Richard Bencal, Vice Chairman, John
Nutting, Secretary; Peter Strout and Associate Member Arthur LaBrecque. 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 allow a three
family dwelling in this R-1 zone.
The Variance which has been requested may be granted upon a finding of the
Board that:
a. special conditions and circumstances exist which especially affect the
land, building, or structure involved and which are not generally affecting
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,
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.
The Board of Appeal, after careful consideration of the evidence presented at the
hearing, and after viewing the plans, makes the following findings of fact:
1 . Substantial opposition to the plan was presented in letter form
as well as in person by neighbors, abutters and others;
2. Evidence presented indicated the petitioner was using the building
illegally as a three family dwelling as far back as 1976 despite
letters from the City to cease;
3. Petitioner presented a parking plan showing, at best, three (3) legal
parking spaces, two short of the required minimum;
4. The grant of the variance would have a negative impact on the neighborhood;
5. Petitioner failed to prove hardship;
6. A grant of the requested variance would be substantially detrimental to
the neighborhood.
L
DECISION ON THE PETITION OF FREDERICK MCINTIRE, III FOR A VARIANCE
AT 16-18 JUNIPER STREET, SALEM
page two
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . Special conditions do not exist which affect the subject property
and not the district generally;
2. Literal enforcement of the provisions of the ordinance would not involve
substantial hardship on the petitioner;
3. The relief requested cannot be granted without substantial detriment to the
public good or without nullifying or substantially derogating from the intent
of the district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, against the granting
of the requested variance, the variance is therefore denied.
DENIED
Richard A. Bencal, Vice Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
,WEAL FROM THIS DECISION. G ANY, SHALL BE MADE PURSUANT TO SECTION 17 CF i
GENERAL LAWS. CEAPiS" '
. AND SHALL 0E FILED '.WITHIN 20 DAYS AFTER THE C:JE
OF F.4IS DECISION IN .THE0MOE CF THE CITY CLERK.
F"1RSANT TO ?AS. CE:11,WL L:..=S. CHAPTER 308. SECTION It. THE VAMANCE -P
LPANTED HEREIN. SHALL NOF 'A:E EFFECT UNTIL A COPY OF THE DEC!3:;N. FEAR:
FICATiON CF ME CRf CLERK THA.F 20 DAYS HAVE ELAPS=J "-'IJ Nu C?PEAL HG.S SSE'! Fi-. D.
... Ir` Sll;.". :1N APPEAL W-' E'rN FILE. THA! IT H.R,. EM DIS:.II�M CI?
IN FPG,; S:JiH ESSEX REISiRY CFL EOS AND INDEXED UNDER THE !I.,J::E of TI:F L.
OF RECORD GR IS RECDRDEO AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD DF APPEAL
PHONE 346-5550
372-5661 L I_!{1.. 1;4
service c inen supply, inc.
JhH C I
LET"SERVICE"SERVE YOU
P.O.BOX 1067 CITY C�:
SCHENECTADY,NEW YORK 12301
January 20, 1989
Mr. James Flening
Chairman
City of Salem, Board of Appeal
One Salem Green
Salem, Massachusetts 01970
Re: Variance: Frederick McIntire III
16-18 Juniper Avenue
Dear Jim,
My wife:and I will not be able to attend the Public Hearing on the above matter, but wish to
convey to you my oppsition to a variance for this two family dwelling. We own the property directly
across the street - 15 Juniper Avenue, and my wife and I, with our children use our house throughout
the year, although living primarily in New York.
The subject property has been and continues to be a concern to all neighboring property
owners. The owner of subject property is an absentee landlord, who has neglected his property for
years. If it were not for a potential safety problem with his porches, they probably would not have
been replaced recently. The third floor apartment was existing when he purchased the property and
was not legal. In addition, parking in the Willows has always been a problem but on Juniper Avenue
it is worse. On many occasions, my wife or I are unable to even park in front of our house due to
the number of vehicles belonging to residents of 16-18 Juniper Avenue. While we do not have
guaranteed rights to a parking space, it certainly is not unreasonable to expect to park in front of
ones hare. This is not the case on Juniper Avenue due to this three family dwelling. I would also
question whether or not the existing third floor apartment meets the City's building, safety, and
fire codes.
I strongly urge the Board of Appeals not to grant this variance. The third floor apartment is
illegal and an exception is not acceptable, due to the existing make-up of the neighborhood.
Very truly yours,
SERVICE
�I= SLTSQPPLY, INC.
Peter D. Marquis
President
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Joseph F. Sullivan 1�ialrm, fa. 01970
Chief
City of Salem Re: 16-18 Juniper Avenue
Board of Appeal Frederick McIntire, III
One Salem Green Hearing date: January 25, 1989
The property located at #16-18 Juniper Avenue has no current compliance
with the provisions of Chapter 148, Section 26E, Massachusetts General
Laws relative to the installation of automatic smoke detectors.
The Salem Fire Department has no objection to the granting of a Variance
to allow a three family dwelling at this location on the condition that
the owner obtain compliance from the Fire Prevention Bureau.
Signed,
Robert W. Turner,
Fire Marshal
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