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CITY OF EVERETT ZONING BOARD OF APPEALS

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– 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 August 15, 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:

PROPOSAL:

Property Address: Person Requesting:

21-23 Cleveland Ave. Map/Lot: C0-03-000012

Mr. Anthony Pisapia PO Box 490692

Everett, MA 02149

The owner wishes to convert the existing three (3) family dwelling into a four (4) family dwelling.
The plot plan submitted indicates that five parking spaces are proposed in the yard.
The permit is respectfully denied in accordance with The City of Everett Zoning Appendix A for the following reasons: .
Reason for Denial:
• A four (4) family is not an allowed use in this district.
• The Floor Area is above the allowable at 1.57 FAR.
• The parking plan provided indicates that a vehicle will be required to be moved in order for the

other vehicles to enter and leave the parking lot.
• The five (5) proposed spaces are shown on the plot plan to be (8.5’x20’) where 8 is required

which is less than the required 9’ x 18’ nor have the required 275 square feet per car.
• The parking plan provided indicates that a vehicle will be parked within the required minimum specified building setback (7’). • The parking plan provided indicates that a vehicle will be parked closer than eight (8) feet from

a habitable window.
• The parking plan provided indicates that it will be necessary for vehicles to back into the street. • The parking plan provided does not indicate an 18’ aisle to allow vehicles to ingress and egress

at the same time.

Zoning:
1. Section 4 Dwelling Districts (a) Uses:
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 o 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 cus- tomarily 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 Appeals. 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)
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.

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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

  1. Section 4 Dwelling Districts A Uses 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 17 Off Street Parking (J): “Parking facilities shall be designed so that each motor vehicle may proceed to and from the parking space provided for it without requiring the moving of any other motor vehicle.”

4. Section 17 Off Street Parking (I) Each required car space shall be not less than 9 feet in width and 18 feet in length exclusive of drives and maneuvering space, and the total area of any parking facility for more than five (5) cars shall average two hundred seventy-five (275) square feet per car. No driveways or curb cuts shall exceed thirty (30) feet in width. (Ord. 01-046/2001)

  1. Section 17 Off Street Parking (K): “Parking facilities shall be designed so that no vehicles shall be parked nearer to any street lines than the minimum specified building setback for the Zoning District in which the parking facility is located.”
  2. Section 17 Off Street Parking (M): “No parking stall shall be located within eight (8) feet of any window of habitable rooms in the basement or first story level of any building.”

7. Section 17 Off Street Parking (O) 4. “Except for one and two family dwellings, parking shall be designed so that it is not necessary to drive over sidewalks or curbs or to back into the street or driveway”

8. Section 17 Off Street Parking (O) 5. “All parking areas shall have an access road with a minimum of eighteen (18) feet to allow ingress and exiting at same time.”

BOARD OF APPEALS FOR THE CITY OF EVERETT, MASSACHUSETTS Mary Gerace – Chairman Roberta Suppa – Clerk July 29, August 5, 2022

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