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CITY OF SALEM, MASSACHUSETTS CIS OF Y
• ' • ' ALEM MA
BOARD OF APPEAL CLERK'S OF•F16E
120 WASHINGTON STREET, 3RO FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 78-9348595 1005 MAR 29 A 0 33
MAYOR
-740
DECISION OF THE PETITION OF MICHAEL TERRY REQUESTING A SPECIAL
PERMIT AND A VARIANCE FOR THE PROPERTY LOCATED AT 19 BECKET
STREET R-2
A hearing on this petition was held on March 16, 2005 with the following Board
Members present: Nina Cohen, Chairman,Richard Dionne,Bonnie Belair,Nicholas
Helides and Edward Moriarty. Notice of the hearing was sent to abutters and others and
notices of the hearing were properly published in the Salem Evening New in accordance
with Massachusetts General Laws Chapter 40A.
Petitioner is requesting a Special Permit 8-4 to alter a non-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
Appeal 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
structures,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 nonconforming
use to the neighborhood.
In more general terms,this Board is,when reviewing Special Permit request may be
8mnted upon a Ending 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 REQUESTING A SPECIAL
PERMIT AND A VARIANCE FOR THE PROPERTY LOCATED AT 19 BECKET
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 requirements and front setback. In 1988
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
use.
4. One neighbor who withheld his support was
gh suppo 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 Strew.
S. In consideration of Mr. Hayden's support for his proposal, W. 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 ensure that neither party
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.
L
DECISION OF THE PETITION OF MICHAEL TERRY REQUESTING A
SPECIAL PERMIT AND A VARIANCE FOR THE PROPERTY LOCATED AT 19
BECKET STREET R-2
page three
7. Mr. Terry 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 and
will promote the public health,safety,convenience and welfare of the City's
inhabitants.
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 Department relative to smoke and fire safety
shall be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning 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.
S. Agreement was signed and submitted to Board on March 22,2005.
DECISION OF THE PETITION OF MICHAEL TERRY REQUESTING A
SPECAIL PERMrr AND VARIANCE FOR THE PROPERTY LOCATED AT 19
BECKET STREET R-2
page four
SPECIAL PERMrr&VARIANCE Nina Cohen,Chairman
GRANTED Board of Appeal
MARCH 16,2005
A COPY OF TIIIS 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 the
Massachusetts General Laws 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
Massachusetts General laws 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 of Deeds and indexed under the name or the owner of
record or is 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, Massachusetts, and Thomas
Hayden, owner of property located at 17 Becket Street, Salem, Massachusetts clarifying
driveway easement on said property dated February 16, 1989 and recorded with Essex
South District Registry of Deeds, Book 9901,Page 005.
Whereas Michael Terry has filed a petition with the Zoning Board of Appeals for a
Variance from the provision of the Zoning By-Law governing Lot Area per Dwelling Unit
in order to convert a one unit building at 19 Becket Street, Salem,Massachusetts to two
units.
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 driveway,
easement between the two properties referred to above in particular the issue of the fence
separating the properties as well as the issue of removing any impediments to the use of
the easement.
Whereas both Mr. Terry and Mr. Hayden have determined that it is in their best
interests to resolve the issues involving the driveway easment,Mr. Terry and Mr. Hayden
hereby agree as follows:
I�a A. Mr. Terry shall remove eight (8)feet of the fence between the property at 17
Becket Street and 19 Becket Street beginning at the front boundary of the property at the
sidewalk and running along the boundary line between the properties: . Terry and Mr.
Hayden hereby agree to repair/restore the 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.
I Neither Mr. Terry or Mr. Hayden or any occupants of their respective
Properties at 19 Becket Street, Salem, Massachusetts and 17 Becket Street, Salem,
Massachusetts shall impede in any way the driveway easement between the two
Properties. In particular,Mr. Terry and Mr. Hayden agree not to park motor vehicles on
or across said driveway easement or restrict the easement in any other way.
This agreement shall be binding upon the parties and their heirs, executors, assigns
and any other successor in interest.
Witness our hands and seals this 22nd day of March, 2005.
Thomas HaydeK Michael Terry
24.0' 24.0'
Kitchen
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