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11 Hersey Street - ZBA - 2.2.2021 KIMBERLEY DRISCOLL MAYOR CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS 98 WASHINGTON STREET ♦ SALEM, MASSACHUSETTS 01970 TEL: 978-619-5685 City of Salem Zoning Board of Appeals Will hold a public hearing for all persons interested in the petition of JAMES FLYNN and SAM ALLEN to remove an owner occupancy requirement for the three-family dwelling at 11 HERSEY STREET (Map 33, Lot 30) (R2 Zoning District). The public hearing will be held on Wednesday, January 20, 2021 at 6:30 PM via remote participation with instructions to be posted to the City Calendar and the Board of Appeals page on www.salem.com no later than January 13, 2021, in accordance with Chapter 40A of the Massachusetts General Laws and Governor Baker’s Emergency Order dated March 12, 2020.  Salem News publication dates: 1/6/21 & 1/13/21 Remit Bill To: James Flynn and Sam Allen 97 Columbus Ave Salem, MA 01970 Phone: 978-587-7495 Email: JFlynn@carsoncompanies.com KIMBERLEY DRISCOLL MAYOR CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS 98 WASHINGTON STREET ♦ SALEM, MASSACHUSETTS 01970 TEL: 978-619-5685 City of Salem Zoning Board of Appeals Will hold a public hearing for all persons interested in the petition of JAMES FLYNN and SAM ALLEN to remove an owner occupancy requirement for the three-family dwelling at 11 HERSEY STREET (Map 33, Lot 30) (R2 Zoning District). The public hearing will be held on Wednesday, January 20, 2021 at 6:30 PM via remote participation with instructions to be posted to the City Calendar and the Board of Appeals page on www.salem.com no later than January 13, 2021, in accordance with Chapter 40A of the Massachusetts General Laws and Governor Baker’s Emergency Order dated March 12, 2020. Salem News publication dates: 1/6/21 & 1/13/21 Know Your Rights Under the Open Meeting Law, M.G.L. c. 30A Sections 18-25 and City Ordinance Sections 2-2028 through 2-2033. Applications and plans (if applicable) are on file and available for review during normal business hours at the Department of Planning and Community Development, 98 Washington Street, Second Floor, Salem, MA. These materials are also available for review online at https://tinyurl.com/SalemZBA. City of Salem Zoning Board of Appeals 98 Washington Street Salem, MA 01970 978-619-5685 https://www.salem.com/zoning-board-appeals This is notice of decision regarding a nearby property. Please see reverse for details. For more information on public notices, please see here: https://tinyurl.com/PublicNoticeFAQ To access materials, including applications and plans (if applicable): https://tinyurl.com/SalemZBA City of Salem Zoning Board of Appeals 98 Washington Street Salem, MA 01970 978-619-5685 https://www.salem.com/zoning-board-appeals This is notice of decision regarding a nearby property. Please see reverse for details. For more information on public notices, please see here: https://tinyurl.com/PublicNoticeFAQ To access materials, including applications and plans (if applicable): https://tinyurl.com/SalemZBA City of Salem Zoning Board of Appeals 98 Washington Street Salem, MA 01970 978-619-5685 https://www.salem.com/zoning-board-appeals This is notice of decision regarding a nearby property. Please see reverse for details. For more information on public notices, please see here: https://tinyurl.com/PublicNoticeFAQ To access materials, including applications and plans (if applicable): https://tinyurl.com/SalemZBA City of Salem Zoning Board of Appeals 98 Washington Street Salem, MA 01970 978-619-5685 https://www.salem.com/zoning-board-appeals This is notice of decision regarding a nearby property. Please see reverse for details. For more information on public notices, please see here: https://tinyurl.com/PublicNoticeFAQ To access materials, including applications and plans (if applicable): https://tinyurl.com/SalemZBA NOTICE OF DECISION: City of Salem Zoning Board of Appeals At a meeting of the City of Salem Zoning Board of Appeals held on Wednesday, January 20, 2021 at 6:30 pm at 98 Washington Street, Salem, MA, the Zoning Board of Appeals voted on the following item: Petition of JAMES FLYNN and SAM ALLEN to remove an owner occupancy requirement for the three-family dwelling at 11 HERSEY STREET (Map 33, Lot 30) (R2 Zoning District). Decision: GRANTED Filed with the City Clerk on February 2, 2021 A copy of the Decision is on file and available for review during normal business hours at the Department of Planning & Community Development, Second Floor, 98 Washington Street, Salem, MA or at the City Clerk, 93 Washington Street, Salem, MA. The Decision has been posted by address or project at: https://www.salem.com/zoning- board-appeals/pages/zoning-board-appeals-decisions-2021. This notice is being sent in compliance with the Massachusetts General Laws, Chapter 40A, Sections 9 & 15 and does not require action by the recipient. Appeals, if any, shall be made pursuant to Chapter 40A, Section 17, and shall be filed within 20 days from the date which the decision was filed with the City Clerk. NOTICE OF DECISION: City of Salem Zoning Board of Appeals At a meeting of the City of Salem Zoning Board of Appeals held on Wednesday, January 20, 2021 at 6:30 pm at 98 Washington Street, Salem, MA, the Zoning Board of Appeals voted on the following item: Petition of JAMES FLYNN and SAM ALLEN to remove an owner occupancy requirement for the three-family dwelling at 11 HERSEY STREET (Map 33, Lot 30) (R2 Zoning District). Decision: GRANTED Filed with the City Clerk on February 2, 2021 A copy of the Decision is on file and available for review during normal business hours at the Department of Planning & Community Development, Second Floor, 98 Washington Street, Salem, MA or at the City Clerk, 93 Washington Street, Salem, MA. The Decision has been posted by address or project at: https://www.salem.com/zoning- board-appeals/pages/zoning-board-appeals-decisions-2021. This notice is being sent in compliance with the Massachusetts General Laws, Chapter 40A, Sections 9 & 15 and does not require action by the recipient. Appeals, if any, shall be made pursuant to Chapter 40A, Section 17, and shall be filed within 20 days from the date which the decision was filed with the City Clerk. NOTICE OF DECISION: City of Salem Zoning Board of Appeals At a meeting of the City of Salem Zoning Board of Appeals held on Wednesday, January 20, 2021 at 6:30 pm at 98 Washington Street, Salem, MA, the Zoning Board of Appeals voted on the following item: Petition of JAMES FLYNN and SAM ALLEN to remove an owner occupancy requirement for the three-family dwelling at 11 HERSEY STREET (Map 33, Lot 30) (R2 Zoning District). Decision: GRANTED Filed with the City Clerk on February 2, 2021 A copy of the Decision is on file and available for review during normal business hours at the Department of Planning & Community Development, Second Floor, 98 Washington Street, Salem, MA or at the City Clerk, 93 Washington Street, Salem, MA. The Decision has been posted by address or project at: https://www.salem.com/zoning- board-appeals/pages/zoning-board-appeals-decisions-2021. This notice is being sent in compliance with the Massachusetts General Laws, Chapter 40A, Sections 9 & 15 and does not require action by the recipient. Appeals, if any, shall be made pursuant to Chapter 40A, Section 17, and shall be filed within 20 days from the date which the decision was filed with the City Clerk. NOTICE OF DECISION: City of Salem Zoning Board of Appeals At a meeting of the City of Salem Zoning Board of Appeals held on Wednesday, January 20, 2021 at 6:30 pm at 98 Washington Street, Salem, MA, the Zoning Board of Appeals voted on the following item: Petition of JAMES FLYNN and SAM ALLEN to remove an owner occupancy requirement for the three-family dwelling at 11 HERSEY STREET (Map 33, Lot 30) (R2 Zoning District). Decision: GRANTED Filed with the City Clerk on February 2, 2021 A copy of the Decision is on file and available for review during normal business hours at the Department of Planning & Community Development, Second Floor, 98 Washington Street, Salem, MA or at the City Clerk, 93 Washington Street, Salem, MA. The Decision has been posted by address or project at: https://www.salem.com/zoning- board-appeals/pages/zoning-board-appeals-decisions-2021. This notice is being sent in compliance with the Massachusetts General Laws, Chapter 40A, Sections 9 & 15 and does not require action by the recipient. Appeals, if any, shall be made pursuant to Chapter 40A, Section 17, and shall be filed within 20 days from the date which the decision was filed with the City Clerk. City of Salem Zoning Board of Appeals 98 Washington Street Salem, MA 01970 978-619-5685 https://www.salem.com/zoning-board-appeals This is notice of a public hearing regarding a nearby property. Please see reverse for details. For more information on public notices, please see here: https://tinyurl.com/PublicNoticeFAQ To access materials for the upcoming meeting, including applications and plans (if applicable): https://tinyurl.com/SalemZBA City of Salem Zoning Board of Appeals 98 Washington Street Salem, MA 01970 978-619-5685 https://www.salem.com/zoning-board-appeals This is notice of a public hearing regarding a nearby property. Please see reverse for details. For more information on public notices, please see here: https://tinyurl.com/PublicNoticeFAQ To access materials for the upcoming meeting, including applications and plans (if applicable): https://tinyurl.com/SalemZBA City of Salem Zoning Board of Appeals 98 Washington Street Salem, MA 01970 978-619-5685 https://www.salem.com/zoning-board-appeals This is notice of a public hearing regarding a nearby property. Please see reverse for details. For more information on public notices, please see here: https://tinyurl.com/PublicNoticeFAQ To access materials for the upcoming meeting, including applications and plans (if applicable): https://tinyurl.com/SalemZBA City of Salem Zoning Board of Appeals 98 Washington Street Salem, MA 01970 978-619-5685 https://www.salem.com/zoning-board-appeals This is notice of a public hearing regarding a nearby property. Please see reverse for details. For more information on public notices, please see here: https://tinyurl.com/PublicNoticeFAQ To access materials for the upcoming meeting, including applications and plans (if applicable): https://tinyurl.com/SalemZBA PUBLIC HEARING NOTICE: City of Salem Zoning Board of Appeals Will hold a public hearing for all persons interested in the petition of JAMES FLYNN and SAM ALLEN to remove an owner occupancy requirement for the three -family dwelling at 11 HERSEY STREET (Map 33, Lot 30) (R2 Zoning District). The public hearing will be held on Wednesday, January 20, 2021 at 6:30 PM via remote participation with instructions to be posted to the City Calendar and the Board of Appeals page on www.salem.com no later than January 13, 2021, in accordance with Chapter 40A of the Massachusetts General Laws and Governor Baker’s Emergency Order dated March 12, 2020.  Salem News publication dates: 1/6/21 & 1/13/21 Know Your Rights Under the Open Meeting Law, M.G.L. c. 30A Sections 18 -25 and City Ordinance Sections 2-2028 through 2-2033. Applications and plans (if applicable) are on file and available for review during normal business hours at the Department of Planning and Community Development, or online at https://tinyurl.com/SalemZBA. PUBLIC HEARING NOTICE: City of Salem Zoning Board of Appeals Will hold a public hearing for all persons interested in the petition of JAMES FLYNN and SAM ALLEN to remove an owner occupancy requirement for the three-family dwelling at 11 HERSEY STREET (Map 33, Lot 30) (R2 Zoning District). The public hearing will be held on Wednesday, January 20, 2021 at 6:30 PM via remote participation with instructions to be posted to the City Calendar and the Board of Appeals page on www.salem.com no later than January 13, 2021, in accordance with Chapter 40A of the Massachusetts General Laws and Governor Baker’s Emergency Order dated March 12, 2020.  Salem News publication dates: 1/6/21 & 1/13/21 Know Your Rights Under the Open Meeting Law, M.G.L. c. 30A Sections 18-25 and City Ordinance Sections 2-2028 through 2-2033. Applications and plans (if applicable) are on file and available for review during normal business hours at the Department of Planning and Community Development, or online at https://tinyurl.com/SalemZBA. PUBLIC HEARING NOTICE: City of Salem Zoning Board of Appeals Will hold a public hearing for all persons interested in the petition of JAMES FLYNN and SAM ALLEN to remove an owner occupancy requirement for the three -family dwelling at 11 HERSEY STREET (Map 33, Lot 30) (R2 Zoning District). The public hearing will be held on Wednesday, January 20, 2021 at 6:30 PM via remote participation with instructions to be posted to the City Calendar and the Board of Appeals page on www.salem.com no later than January 13, 2021, in accordance with Chapter 40A of the Massachusetts General Laws and Governor Baker’s Emergency Order dated March 12, 2020.  Salem News publication dates: 1/6/21 & 1/13/21 Know Your Rights Under the Open Meeting Law, M.G.L. c. 30A Sections 18 -25 and City Ordinance Sections 2-2028 through 2-2033. Applications and plans (if applicable) are on file and available for review during normal business hours at the Department of Planning and Community Development, or online at https://tinyurl.com/SalemZBA. PUBLIC HEARING NOTICE: City of Salem Zoning Board of Appeals Will hold a public hearing for all persons interested in the petition of JAMES FLYNN and SAM ALLEN to remove an owner occupancy requirement for the three-family dwelling at 11 HERSEY STREET (Map 33, Lot 30) (R2 Zoning District). The public hearing will be held on Wednesday, January 20, 2021 at 6:30 PM via remote participation with instructions to be posted to the City Calendar and the Board of Appeals page on www.salem.com no later than January 13, 2021, in accordance with Chapter 40A of the Massachusetts General Laws and Governor Baker’s Emergency Order dated March 12, 2020.  Salem News publication dates: 1/6/21 & 1/13/21 Know Your Rights Under the Open Meeting Law, M.G.L. c. 30A Sections 18-25 and City Ordinance Sections 2-2028 through 2-2033. Applications and plans (if applicable) are on file and available for review during normal business hours at the Department of Planning and Community Development, or online at https://tinyurl.com/SalemZBA. y9 r f1lit ofttlem, ttssttcl usetts 3 oxrb of eu1 k'comm E2I DECISION ON THE PETITION OF ROBERT & JUDITH ARMSTRONG M FOR A SPECIAL PERMIT FOR 11 HERSEY ST. , SALEM (R-2) r —m A hearing on this petition was held on March 20, 1985 with the f owin)q Boar Members present: James Hacker, Chairman; Associate Member Benc4,oActixg SerAtary; Messrs. , Gauthier, Luzinski and Strout. Notice of the hearing W;6 sent to abutters and others and notices of the hearing were properly published in lae Salem Evening News in accordance with Massachusetts General Laws Chapter40A ' Petitioner is requesting a Special Permit to allow the continued use as a three family dwelling the structure at 11 Hersey St. , zoned R-2. 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 Permits 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 detri- mental 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 hearing the evidence presented at the hearing, makes the following findings of fact: 1 . No opposition was presented to the plan; 2. The building has been used as a three family dwelling for the past nine (9) years; 3. The lot has adequate space for six or more cars and reduces the the need for on street parking; 4. There are other three family residences 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: I 1 . The proposed use will promote the health, safety, convenience and welfare of the City's inhabitants; r DECISION ON THE PETITION OF ROBERT & JUDITH ARMSTRONG FOR A SPECIAL PERMIT FOR 11 HERSEY ST. , SALEM page two 2. The relief requested may be granted without substantial detriment to the public good. Therefore, the Zoning Board of Appeal voted unanimously 5 - 0 in favor of granting the requested Special Permit in accordance with the following terms and conditions: 1 . The building must be in compliance with Chapter 148 Section 26C of the MGL relative to the installation of automatic smoke detectors; 2. The building, if sold, must remain owner occupied. SPECIAL PERMIT UNANIMOUSLY GRANTED Richard A. Benca , ing Secretary A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK ti y- rr-m 3 N rn o cn N i_7 Ff a rn O IF AtGY. SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.SHALL BE FILED W!i III 20 DAYS AFTER THE DATE OF FILINGc?EAL fRG:1 THIS DECISION. CLERK. a SPECIF.L PER'91TiS, CHAFTER 805. AND CITY 6EirERAL LA'i. SECTION 11. THE VA":AE 0., _ U7tT- cr "hl IR TEL OFFICE OF THE BOB. CECiSiC:;, EEAC.w.: 7H'D .$4• E•,c .AL CHAFER TO ':.A:S. • _F - A50 NC. A.FPEAL HA.$ BEE.; FILED. 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