6 BOTTS COURT - BUILDING JACKET 6 BOTTS COURT
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OFFICE OF
ROBERT W. WELCH
17 FRONT STREET
SALEM,MASSACHUSETTS 01970
Robert W.Welch 978.744-0637 Fax No.978-744-3650
Frank P.Muzio
Paul W.Sullivan
August 3, 1999
BY FACSIMILE and REGULAR MAIL
Gary Peterson, Vice President
Eastern Bank and Trust Company
217 Essex Street
Salem, MA 01970
RE: 6 Botts Court, Salem, MA
Dear Gary:
You asked me to look into whether or not you would be permitted to sell your
carriage house separately from your residence. I found no reason why you would be
unable to do so. The carriage house exists on a separate lot as shown on the plan of land
recorded in the Essex South Registry of Deeds at Book 5077, Page 600. I believe that I
have already provided you with a copy of that plan. Because your property exists as two
separate lots, there is no need to obtain subdivision approval nor to apply for an approval
not required subdivision.
If you have any further questions regarding this matter, please do not hesitate to
contact me.
Sincerely,
Paul W. Sullivan
Enclosure
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VAIL OF PtRMIF rcAnu rvo. Uwnu LOCAEION
SEACOAST_jE�LTY CO, INC. I 4 BOTTS COURT
STRUCTURE MATERIAL % ",`DIMENSIONS No. OF'STORIES I No.OF FAMILIES) WARD I COST
BUILDER
BOARD OF APPEAL-DENIED-5/13/65-Variance to alter garage building to provide
an apartment.
7/10/96 11364-96 Replace roof &reframe windows of carriage house. est 13,000. fee 83. L.E.
This address is a part of 6 Botts Court (same owner)-Gary A.Peterson.
10/2/97 Certificate of Occupancy issued on 364-96 by L.E.T.
DATE OF PERMIT PERMIT No. OWNER LOCATION
6/l/r` I #218 Mrs. Wilfred Marchand 16 Botts Court Z
—STRUCTURE MATERIAL DIMENSIONS, No.OF STORIES No.OF FAMILIES WARD COST
13 I $ 1,200.
I
Dwelling '=-I^' BUILDER
James B. Kidney
Roof repairs and gutters.
1/28/85 (Owner-Gary &Nancy Peterson) Install raised panel cabinets with ceramic tile Cox
counter tops and ceramic tile floor
BOARD OF APPEAL: 6/28/95 - GRANTED - Special Permit to convert Carriage House into
-.. .. dwelling unit.
9/28/95 11524-95 Add a 1/2 bath to second level (of 6 Rear Botts Ct. ) . est 1500. fee 20.L.T
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peal CEfr r;E _. HAS
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DECISION ON THE PETITION OF GARY S NANCY PETERSON A SPECIAL PERMIT
FOR THE PROPERTY LOCATED AT 6 BOTTS COURT
A hearing on this petition was held June 28, 1995 with the following
Board Members present: Stephen Touchette, Chairman, Gary Barrett,
Nina Cohen, Albert Hill, Associate Member Joseph Ywuc. 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 is requesting a Special Permit to convert a Carriage House
into a dwelling unit for the property located at 6 Botts Court,
Salem, Mass.
The provision of the Salem Zoning Ordinance which is applicable to
this request for a Special Permit is Section 5-3(j ) , 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 Sections 8-6 and 9-4, 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 detrimental 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 careful consideration of the evidence
presented at the hearing and after viewing the plans, makes the
following findings of fact:
1 . The petitioner's reside at 6 Botts Court, which property consists
of a dwelling house and separate carriage house.
2. The petitioner's carriage house is currently used as a two-car
garage. Above the garage is a living area, presently unoccupied.
Petitioners wich to convert the living area into an apartment
that could be used by family members or rented.
DECISION OF THE PETITION OF GARY & NANCY PETERSON FOR A
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 6 BOTTS COURT
page two
3. There was no neighborhood opposition to the request.
On the basis of the above findings of fact, and on the evidence
presented, the Board of Appeal concludes as follows:
1. The Special Permit requested can be granted without substantial
detriment to the public good or without nullifying and substantially
derogating from the intent of the district or the purpose of the
ordinance.
2. The granting of the Special Permit requested will promote the
public health, safety, convenience and welfare of the City's
inhabitants and may be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to
grant the Special Permit requested, subject to the following
conditions:
1 . Petitioner shall comply with all City and State statutes,
ordinances, codes and regulations.
2. All requiements of the Salem Fire Department relative to smoke
and fire safety are to be strictly adhered to.
3. Petitioner shall obtain a building permit prior to starting
construction.
4. A Certificate of occupancy is to be obtained.
5. Petitioner shall obtain proper street numbering from the City of
Salem Assessors office and shall display said number so as to be
visiable from the street.
6. Petitioner is to obtain approval from any City Board or
Commission having jurisdiction including, but not limited to, the
Planning Board.
SPECIAL PERMIT GRANTED
JUNE 28, 1995
Nina Cohen
Member, Board of Appeal �z t
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DECISION OF THE PETITION OF GARY & NANCY PETERSON FOR A
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 6 BOTTS COURT
page three
=. 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 of MGL Chapter 40A and shall be filed within 20 days after the
date of filing of this decision in the office of the City Clerk.
Pursuant to MGL Chapter 40A, Section 11, the Variance or Special
Permit granted herein shall not take effect until a copy of the
decision, bearing the certification of the City Clerk that 20 days
have elapsed and no appeal has been filed, or that, if such appeal
has been filed, that it has been dismissed or denied is recorded in
the South Essex Registry or Deeds and indexed under the name of the
owner of record or is recorded and noted on the owner's Certificate
of Title.
Board of Appeal
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