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19 BECKET STREET - BUILDING JACKET SuperTab 90%Larger Lobel Area S MA7d KEEPING YOU ORGANIZED N0.10=1 wwf.s.w "IOWA GET ORGANIZED AT SMEAD.COM eotnrfcLmc Nw AM 10%post4mum %V TULI Of Ott1Em, massar4usetts In Public Vropertp Department +iguilbing Department (One Salem Green 508-745-9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer November 9, 1992 Michael Terry 19 Becket Street Salem, MA 01970 Dear Michael : Per our meeting on November 9, 1992, you are requested to stop utilizing the new addition on the premises of 19 Becket St. You have not obtained the inspections necessary to enable use of said addition. Also, you are not in compliance with the conditions of the decision of the Salem Zoning Board of Appeal dated December 7, 1988. If I can be of further assistance please do not hesitate to call. Sincerely, Leo E. Tremblay Inspector of Building Zoning Enforcement Officer LEO:bms CITY OF SALEM, MASSACHUSETTS Cl i Y 'F • BOARD OF APPEAL CL ERX �aLt N 120 WASHINGTON STREET, 3RD FLOOR 'S OFFICE d SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 MAYOR 1005 RAR 29 ,4 la 33 FAX: 978-740-9848 DECISION OF THE PETITION OF MICHAEL TERRY REQUESTING A SPECIAL STREET R-2 PERMIT AND A VARIANCE FOR THE PROPERTY LOCATED AT 19 BECKET A hearing on this petition was held on March 16,2005 with the following Board / Members present: Nina Cohen, ' ChairmChairman,' ' Richard Dionne,Bonnie Helides and Edward Mo Belair, Nicholas Harty. Notice of the hearing was sent notices of the hearing were Properly Published to abutters and others and the Salem Evening New in accordance with Massachusetts General Laws Chapter 40A. Petitioner is requesting a Speck Permit 8-4 to alter anon-conforming structure and a Variance from density to revert to a two family for the property located at 19 Becket Street R-2 The provisions of the Salem Zoning Ordinance which is applicable to the request for a Special Permit is Section 5-3 0),which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of APPS may, in accordance with the procedure and conditions set forth in Sections 8-6 and 9-4,grant Special Permit for alterations and reconstruction of nonconforming st uctures,and for changes, enlargement,extent expansion of nonconforming lots, land, structures,and uses,provided,however,that such change extension, enlargement or expansion shall not be substantially more detrimental than the existing nonconfom ing use to the neighborhood In more general terms, this Board is, when reviewing 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 Variances which have 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 other lands, buildings or 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. DECISION OF THE PETITION OF MICHAEL TERRY p PERMIT AND A VARIANCE FOR THE PROPERTY LOCATED AT 19 BECKETL STREET R-2 page two 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 Of the Ordinance, The Board of Appeal,after careful consideration of the evidence presented, and after reviewing the plans makes the following findings of fact: 1. Petitioner Michael Terry owns the property at 19 Becket Street that is nonconforming as to lot size,frontage'requireme nts and front setback. In 19gs this property came before the Zoning Board of Appeal when Mr. Terry's Predecessor in interest sought a special permit to build an addition and convert the house to a two-family use. He also sought a variance to use an easement to access to parking at the rear of the property, 2. The requested relief was granted on condition that the easement be maintained, and an addition was constructed but it appears the property may not have been used consistently as a two-family during the intervening years. 3. Petitioner now seeks zoning relief to enable him to use the property as a two- family residence, and submits a petition signed by 22 neighbors in support of the 4. One neighbor who withheld his support was the abutter at 17 Becket Street, Thomas Hayden,who stated that the easement has not been maintained. Mr. Hayden states that the owners of 19 Becket consistently leave vehicles on the Property line where the easement runs,instead of using the easement for access to the parking area at the rear of 19 Becket Street, 5. In consideration of Mr. Hayden's support for his proposal,Mr. Terry agreed to a. Remove an existing fence that he had built between the properties b, Take responsibility for removing snow from the driveway easement c. Execute a binding Agreement with Mr. Hayden to ensurethat neitherparty Will leave any vehicle in the driveway easement or otherwise impede in any way movement within the easement 6. Whereupon Mr. Hayden withdrew his opposition to the petition. DECISION OF THE PETITION OF MICHAEL TERRY REQUESTING A BECKET STREET R-2 SPECIAL PERMIT AND A VARIANCE FOR THE PROPERTY LOCATED AT 19 Page wee 7. Mr. Tent'also withdrew without prejudice his request for a special permit and just needs the variance. On the basis of the above findings of fact,and on the evidence presented at the hearing the Zoning Board of Appeal concludes as follows: 1. Special conditions do exist which especially affect the subject Property but not the district in general. 2. Literal enforcement of the provisions of the Ordinance would involve substantial hardship on the petitioner. 3. Literal enforcement of the provisions of the Ordinance would involve substantial hardship on the petitioner. 4. The relief requested can 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. 5. The Special Permit granted can be granted in harmony with the neighborhood d an will promote the public health, safety, convenience and welfare of the Ci ' inhabitants. etys Therefore,the Zoning Board of Appeal voted, 5 in favor and 0 in opposition to grant the relief requested with the following conditions. 1. Petitioner shall comply with all city and state statutes,ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted. 3. All requirements of the Salem Fire Departmentrelative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain a building permit prior to be any construction 5. A Certificate of Occupancy is to be obtained 6. Petition shall submit agreement with abutter of 17 Beckett Street to maintain easement. 7. Petitioner shall maintain 3 parking spaces in lot. 8. Agreement was signed and submitted to Board on March 22, 2005. s` DECISION OF THE PETITION OF MICHAEL TERRYREQUESTING A SPECAIL PERMIT ' BECKET STREET RSD VARIANCE FOR THE PROPERTY LOCATED AT 19 Page four it v SPECIAL PERMIT VARIANCE ��' ��� CS't_YN, G Nina Cohen, Chairman MARCH 16,2005 Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERIC Appeal from this decision, if any,shall be made pursuant to Section 17 of the date of filing of this decision General Laws��ter 40A, and shall be filed within 20 days after the the office of the City Clerk. Massachusetts General laws Chapter 40A, Section 11,the Variance want to granted herein shall not take effect until a copy of the decision bearing theme Permit Certification of the City Clerk that 20 da O r that,if such appeal has been fil 3's have elapsed and no appeal has been�� in the South Essex Re ' ed.that it has been dismissed or denied is recorded record or is recd of Deeds ��ed ung the name or the owner of recorded and noted on the owner's Certificate of Title. Board of Appeal AGREEMENT_ 19 Becket Street, Salem, Massachusetts Agreement made this 18th day of March, 2005 by and between Michael Terry, owner of property located at 19 Becket Street Salem,Massachusett „ HaYdM owner of property located at 17 Becket Street, Sal and Thomas driveway easement on said property dated Feb em, Massachusetts clarifying South District Registry of Deed B m�Y 16, 1989 and recorded with Essex Whereas Michael T s' Book 9901, page 005. Variance from the provision of the Zoning petition tion with the Zoning Board of Appeals for a in order to convert a one unit building at 19 Becket Str Law governing Lot Area per Dwelling Unit units. eek Salem, Massachusetts to two Whereas a public hearing on this petititon was held by the Board on March 16, 2005 in which the Board indicated that approval of this petition was contingent upon Michael Terry and Thomas Hayden reaching an agreement relative to the dveway ri easement between the two properties referred to above in Particular the issue of the fence the easement, as to the use of separating the properties as well as the issue of removing any imp Whereas both Mr. Terry and Mr. Hayden have determined that it is in th interests to resolve the issues involving the driveway easment, Mr. eir best Terry and Mr. Hayden hereby agree as follows: Terry shall remove eight(8)feet of the fence between the property at 17 Becket Street and 19 Becket Street sidewalk and beginning at the front boundary of the property at the running along the boundary line between the properties. Hayden hereby agree to repair/restore theMr. Terry and Mr. remaining portion of the fence to its original condition. 2. Mr. Terry shall be reponsible for maintaining the driveway easement which Primarily consists of snow removal. 3. Neither Mr. Terry or Mr. Hayden or any occupants of their respective Properties at 19 Becket Street, Salem, Massachusetts and 17 Becket Str , Salem, Massachusetts shall impede in any way the driveway easement beetetween the two Properties. In particular, Mr. Terry and M Hayden agree not to park motor vehicles on or across said driveway easement or restrict the easement in any other way. i i D elnent y This rs ccessor�er be binding upon the parties and thea heirs, executors, assigns and an other su witness our hands and seals this 22nd day of March, 2005. Tho Hayd Michael Terry