7 WALL STREET - BUILDING INSPECTION 7 %WALL STREET
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DECISION'ON-THE_PETITION OF LYDIA KING FOR A VARIANCE
ATjT�WALL STREET (' -1 )
A hearing on this petition was held October 16, 1991 with the following Board
Members present: Richard Bencal, Chairman; Joseph Correnti, Richard Febonio,
Mary Jane Stirgwolt and Associate Member Ronald Plante. 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 from use and density
in order to allow conversion to a two family dwelling in this R-1 Zone.
The Variance which has been requested may be granted upon a finding by this
Board that:
1 . 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.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner.
3. 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, makes the following findings of fact:
1 . The property has been used, as per variances from this Board, as a two
family dwelling over the past ten ( 10) years.
2. There was no opposition submitted.
3. Continued and permanent use as a two family will not adversely affect the
neighborhood.
4. There are several other two family dwellings in the area.
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
not the district in general.
2. Literal enforcement of the provisions of the zoning ordinance would involve
substantial hardship to the petitioner.
3. 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.
I •
DECISION ON THE PETITION OF LYDIA KING FOR A VARIANCE
AT 7 WALL ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variance requested, subject to the following conditions:
1 . Petitioner shall comply with all city and state statutes, ordinances,
codes and regulations.
2. Petitioner shall comply with all requirements of the Salem Fire Department
relative to smoke and fire safety.
3. Property shall remain two family so long as it remains owner occupied.
4. Petitioner shall comply with any and all conditions in prior decisions
with the exception of the five year restriction.
October 16, 1991
Variances Granted
Richard Ard AdA���A B rmarr--�
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal from this decision,If any,shall be made pursuant to Section 17 dt
the Mass. General Laws,Chapter 808, Ind shall be filed within 20 days
the da:a of fi!in, of this decision in the office 39 ectioo 11.thee City Variance
to iJ,ss. General Laws, chaptor 81
�r -r.•.;;:' pc-mit f;rcnled herein not tike effect until a copy of the
ave
6ecisicn, b.:rinp, the certification o1 the City , if such Clark �a peal hasdays been
elapsed and nu apeal has been filed, or that,
filed, that it has been dismissed or denied is recorded in the South Essex
Registry of Deeds and indexed under the name or the owner of record or
is recorded and noted an the owner's certificate of Title.
BOARD OF APPEAL
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'81 JUN 17 A10 :07
JUNE 10, 1981
CITY CLERK OFFICE
SALEM, ;
DECISION ON THE PETITION OF LYDiA.KING REQUESTING A VARIANCE FOR 7 WALL STREET
A hearing on this Petition was held on June 10, 1981 with the following
Board Members present: Douglas Hopper, Chairman, Messrs. Feeherry and Hacker
and Associate Member Lusinski. Notices' of the hearing were 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.
The Petitioner has requested a variance for the property at. 7 Wall Street
to convert the property to a two-family dwelling. A variance is required because
the building is in an R-1 district where the proposed use is prohibited without
- a variance.
The Board of Appeals, after consideration of the evidence presented at the
public hearing and after viewing the property, makes the following findings of fact:
1. The property is easily converted to a two-family dwelling.
2. Conversion of the property is supported by area residents.
3. There are several other two-family dwellings in ;the area.
4. The conversion of this property to a two=family dwelling will not
adversely affect the neighborhood.
On the basis of the above findings of, fact, and the evidence presented
at the public hearing, the Board of Appeals concludes as follows:
1. The property in question is unique to the area because it is so easily
adaptable to a two-family dwelling.
2. The conditions described above especially affect the property in question
but do not generally affect the zoning district in which the property is located.
3. ' The conditions described above which affect the land in question, but
not the zoning district generally cause a special hardship to the Petitioner, who
because of a recent illness in her family needs the income from a second dwelling unit
at this property.
RECEWED
DECISION - JUNE 10, 1981 - LYDIA KING - PAGE TWO
081 JUN 17 A10 :08
CITY CLERK'S OFFICE
SALEM MASS,
4_ The desired variance may be granted without substantial detriment
to the public good.
Therefore, the Board of Zoning Appeals unanimously voted in favor of
granting the requested relief. The Board grants a variance to the Petitioner on the
following terms and conditions:
1. The property may be used for a two-family dwelling for five years from
the date of this decision.
2. Any alterations of the property will be in accordance with plans
submitted to the Building Inspector in connection with an application for a building
permit.
3. Petitioner will maintain existing parking at the property.
4. Petitioner will comply with all applicable fire codes.
An' ony M. Feehe ry
APPEAL FROM THIS MIMI, IF ANY. SHALL BE MADE PURSVVIT TO SECTI TI 17 OF THE MASI
GEtiERAL LAWS. CH.AMR Cu3" X19 SYALt FE MID VA HE;i 20 ChYi AHER THE DATE OF FILMO - - -
GF TTI!$ GECiSIJ'I It. THE CUXE E'F T!:E CII"! CLE :{.
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FICAMM OF THU7Y CE &i "([aT 23 PA's'S t?iE 11,' e2i; k ',o
GR THAT. IF SU"! AN APPEAL ItAS VEEN 77i.E, T)Vtf IT E:43 :•i'+s 7 ' uE'li'si} iti
RECCRDED tit Tt: .`;:i *I ESSEX REGIS?:tY G`r D_£SS A:;D K%SE.z., ii.': :i: '"t iiir i:A: : 0 TH! roQUN -
OF RECORD on IS RECORDED A,;D [TOTED 0, IM, Eli?iER'S GERTffiCATE 071TtE.
sow, OF A"M
A COPY OF THIS DECISION AND PLANS HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLEM
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Date: June 17, 1986
City of Salem RE:7_Wa11�Street
Board of Appeal Lydia King
One Salem Green
Salem, MA •01970
Sirs:
As a result of the notice received concerning the Board of Appeal hearing for
the above listed name and address, the Salem Fire Department requests the
following items to be placed on record:
The Salem Fire Department has no objection to the granting of a Variance ex-
tension for the above listed property. This dwelling is currently in compliance
relative to the installation of automatic smoke detectors.
espectfully,
Norman P. LaPointe
Fire Inspector
cc: Appellant
Building Inspector
File
Form #105