BD_APPEALS_134 Linden St_10x15_10x7

– LEGAL NOTICE –

CITY OF EVERETT

ZONING BOARD OF APPEALS 484 BROADWAY, ROOM 24 EVERETT, MASSACHUSETTS 02149

This notice is to inform you that a public hearing will be held on Monday September 19, 2022 at 6:00 PM, Everett City Hall, 3rd Floor George Keverian Hearing Room. All interested parties may attend and opinions will be heard regarding the following petition.
Whereas a petition has been presented by:

Property Address: Person Requesting:

134 Linden Street Map/Lot C0-06-000194

134 Linden Street LLC 140 Tremont Street Everett, MA 02149

To demolish the existing Lodging house and construct a three (3) story Twelve (12) unit residential building

Reason for Denial:

The proposed use as a Twelve (12) unit building is not permitted is this Zoning District

Permit was denied in accordance with the City of Everett Zoning Ordinance Appendix A as follows: .
Violations:

• A twelve (12) unit residential use is not permitted.
• Front Yard setback is shown to be 10’-9” where 14.3 feet is the average.
• The FAR (floor area ratio) for the proposed building is 1.47, where 0.5 is the limit. • Parking shown on the lot only indicates 6 spaces where 24 are required.
• Parking Access Road is shown to be only 13’-11”

Zoning Ordinance:
1) Section 4 Dwelling Districts (a) Uses quoted below:

(a) Uses. Within any dwelling district as indicated on the zoning map, no building, structure or premises shall be used and no building or structure shall be erected which is intended or designed to be used in whole or in part for any industry, trade, manufacturing, or commercial purposes, of for other than the following specified purposes:

(1) A single or double semi-detached dwelling existing at the time of the first enactment of, the Zoning Ordinance may be converted to provide not more than a total of three (3) dwelling units provided that the following standards are met:

Any addition shall comply with the front, side and rear yard requirements and height limitations of the Zoning Ordinance.
Where the existing building is already non-conforming, any alteration shall not increase the existing non-conformity. Parking in accordance with this Zoning Ordinance shall be provided for any additional dwelling units. (Ord. of 4-29-91)

(2) The offices of a doctor, dentist or other member of a recognized profession, teacher or musician residing on the premises; provided there is no display or advertising except for a small professional name plate.

(3) Customary home occupations, such as dressmaking or millinery or the leasing of rooms or the taking of boarders, conducted by owner occupants only; provided there is no display or advertising visible from outside, except for an announcement card or sign of not more than two, (2) feet square area, and that such uses be confined to not over one-third of the total floor area occupied by each family.

(4) Schools, except private vocational schools, public libraries, fire stations, art museums, churches, parish houses and Sunday School buildings, membership clubs and social and recreational buildings and premises, park, water supply reservations, soldiers and sailors memorial buildings, except those chief activity of which is one customarily carried on as a gainful business.

(5) Real estate signs, referring only to the premises or tract on which they are located, and having an area not exceeding eight, (8) square feet.

(6) Truck gardens and greenhouses, provided that any greenhouse heating plant shall be distant not less than twenty, (20) feet from any street or lot line.

(7) Hospitals, not for the insane or feeble-minded; provided that no building be within thirty (30) feet of any street or lot line.

(8) Public or charitable institutional buildings not of a correctional nature, providing that no building thereon be within thirty, (30) feet of any street or lot line.

(9) Railroad or street railroad passenger stations or rights-of-way including customary accessory services therein; not including switching, storage, or freight yards or sidings.

(10) Cemeteries, including any crematory therein, which is not within a distance of thirty feet of any street or lot line.

(11) Telephone central buildings without garages or yards for service or storage.

(12) A garage in which no business, service or industry is conducted is permitted but only on the same lot with a principal building to which it is accessory. On any such lot, such garage space may be provided for two (2) motor vehicles, and for one (1) additional motor vehicle for each two thousand (2,000) square feet by which the area of the lot exceeds three thousand (3,000) square feet. However, garage space for one (1) motor vehicle may be provided in any case for each family for which residence is arranged on the lot. Not more than one (1) such vehicle shall be a commercial vehicle, and it shall not exceed two and one-half, (2 1⁄2) tons capacity. In such a garage, space shall not be leased to non-residents for a commercial vehicle, nor for more than one (1) vehicle of any kind for each resident on the lot. Such a conforming garage may be erected on the lot previous to the erection of a principal building on the same lot but where thus erected earlier than the principal building the garage shall be so placed on the lot as not to prevent the eventual practicable and conforming location of the principal building. Community or group garages: which may be permitted on the otherwise vacant lot, shall only be permitted in the Dwelling District upon the grant of a Special Permit by the Zoning Board of Ap- peals. There shall be no service for gain to other the owners or tenants of such garages. No such garage shall conduct a repair shop. (Ord. of 4-29-91)

ZONING See page

ZONING From page

(13) Agriculture, horticulture or floriculture and the expansion or reconstruction of existing structures there-on for the primary purpose of agriculture, horticulture or floriculture. (Ord. of 4-29-91)

(14) Temporary mobile home placed on the site of a residence destroyed by fire or other holocaust, for the purpose of providing temporary shelter while the residence is being rebuilt, but not to exceed twelve (12) months. (Ord. of 4-29-91)

(15) The following uses shall only be permitted in the Dwelling District upon the grant of a Special Permit by the Zoning Board of Appeals:
A. Uses, whether or not on the same parcel as activities permitted as a matter of right, accessory to activities permitted as a matter of right, which activities are

necessary in connection with scientific research or scientific development or related production. The Zoning Board of Appeals may grant such permit provided that it finds that the proposed accessory use does not substantially derogate from the public good.

B. Community or group garages which may be permitted on an otherwise vacant lot. There shall be no service for gain to other than the owners or tenants of such garages. No such garages shall conduct a repair shop.

(16) Open-air markets of any type shall be prohibited. The sale of used household goods by residential occupants on their premises, normally referred to as garage sales, shall be allowed providing that such sale not continue for a period of more than seven (7) days in any year, except by Special Permit of the Zoning Board of Appeals. (Ord. of 4-29-91)
(17) Conversion of Dwelling. No new dwelling unit created by the conversion of an existing dwelling shall be permitted unless the requirements of minimum lot area

and off street parking are satisfied for all dwelling units in existence and proposed in the dwelling after the conversion or enlargement. (Ord. 02-046 of Oct. 22, 2003)

2) Section 4 b) Dimensional Requirements line 4 Front Yard which states the following:

Twenty (20) feet minimum except where the average front yard of a least two (2) buildings on the same side of the street and within two hundred (200) feet of the lot are less than twenty (20) feet, and the front yard may be equal to the average of those buildings but not less than ten (10) feet. Porches may encroach ten (10) feet onto the required front yard. Stairs shall be excluded from any front yard restrictions. (Ord. of 6-29-87)

3) Section 4 Dwelling districts b) Dimensional Requirements 2) line C which states the following:

C. All other uses————–0.5 maximum floor area ratio (Ord. of 6-29-87; Ord. of 4-29-91 Ord. of 7/16/2002; Ord. of 11/13/2007)

4) Section 17 Off-street Parking line 2

(A) Off-street parking facilities shall be provided in accordance with the requirements as outlined below. Where the Term “gross square feet” is used, it shall mean the total occupiable floor area measured within the exterior walls of the building. (Original Ord. Of 2-26-1965, 6-29-1987

2. Multifamily dwellings——————————–2 spaces per dwelling unit.

5) Section 17 Off-street Parking section O line 5 which states the following:

All parking areas shall have an access road with a minimum of eighteen (18) feet to Allow ingress and exiting at same time.

MARY GERACE – Chairman
Roberta Suppa – Clerk of Board of Appeals September 2, 9, 2022