22 Proctor St application (signed) cofanlfi
CITY OF SALEM, MASSACHUSETTS
r� BOARD OF APPEALS
E '0-- A 98 WASHINGTON STREET,2ND FLOOR
10 SALEM,MASSACHUSETTS 01970
MAY 19 29
Thomas St.Pierre, Director of Inspectional Services
DEPT. OF l • iYF Phone:978-619-5641
Kimberly Driscoll Daniel Laroe,Staff Planner
Phone:978-619-5685
Mayor
Zoning Board of Appeals Application
r
Application ID: ZBA-22-28 Date submitted: May 17, 2022
TO THE BOARD OF APPEALS:
The Undersigned represent(s)that they are the owner(s)of a certain parcel of land located at:
22 PROCTOR STREET Zoning District:R2 L�
An application is being submitted to the Board of Appeals for the following reason(s):
Request Special Permit to change from existing nonconforming 3-family use subject to condition imposed in 1984 requiring owner-
occupancy,to nonconforming 3-family use without condition requiring owner occupancy.
For this reason,I am requesting:
[]Variance(s)from provisions of Section of the Zoning Ordinance,specifically from.
[1=J A Special Permit under Section Section 3.3.2(Nonconforming uses)of the Zoning Ordinance in order to Applicant seeks to
change existing nonconforming 3-family use in R-2 District which contains condition requiring owner occupancy to another nonconforming
use as 3-family use with no condition requiring owner occupancy
[J Appealing a Decision of the Building Inspector:
I`]Comprehensive Permit:
Current Property Use:3-family Are Lot Dimensions Included:No
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and allow the project to be
constructed as per the plans submitted,as the enforcement of said Zoning By-Laws would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially derogating from the intent and purpose of the Zoning
Ordinance.
Statement of Hardship(for Variances):
Statement of Grounds(for Special Permits):
This dwelling at 22 Proctor Street was built in about 1915.
It is located in the R-2 Zoning District. In 1984,the property was then also zoned R-2,and was granted a Special Permit by the ZBA to
convert its existing 2-family use to a 3-family use. As a condition of that approval,the Board imposed a condition that
"The premises remain owner-occupied,if the property shall cease to be owner occupied it will revert to a two-family dwelling;"
The property was also required to maintain 5 on-site parking spaces, which remain in place today.
For the next 38 years,from 1984 to today, to the property has been successfully operated and assessed for real estate taxes as a 3-
family dwelling. It is unknown to the applicant if the property has been owner-occupied through that period of time. It is presently in good
condition and occupied by three tenants,none of whom are owners of the property.
The applican seeks this Special Prmit based upon the following grounds:
a.allowing the applicant to operate the property as a regular 3-family,without the resitriction of owner-occupancy,will avoid the need to
evict a current ternant to make room for the owner,and will make it easier for the applicant to borrow funds to make further improvements
to the property. Granting the Special Permit meets the community needs to provide safe and fit housing,and to collect increased real
estate tax revenue by assessing the property as a 3-family without condition of owner occupascy.
b.the property already has adequate parking;the number of units(3)is not changing,so granting the Special Permit it is not likely to
cause any change in the traffic flow,safety and parking.
c.the property is alreaqdy served by existing and adequate public services and utilities.
d,because there is no new consruction associated wiht the aplication,the issuance of the Special Permit will have no negative impact
upon the natural environment and drainage from thr property.
e. because no construction is being undertaken in association with this appliction,there will be no negative impact upon the
neighborhood character.
f.approval of this application is likely to increase the assessed value of the property and the real estate taxes paid to the City over future
years.
For these reasons,allowing the continued use of the property as a 3-family dwelling without the condition of owner occupancy will not be
more detrimental to the neighborhood than the existing use subject to that condition.
Petitioner:Lorjan Karagjozi If different from petitioner
Address:22 Proctor Street,Salem,MA 01970 Property Owner:
Telephone:508-843-1059 Address:,
Email:americanmammothusa@mail.com Telephone:
Email:
Signature:
Signature:
I/ Date: 051"/2022
Date: 051*W12N2
If different from petitioner
Representative:William F.Quinn,Tintl&Navins,P.C.
Address:27 Congress Street Suite 414,Salem,MA 01970
Telephone:978-745-8065
Email:billquinniaw@gmail.com
Signature. h& ^
Date: 2 2-