PROPOSAL: To convert the existing single family into a two-family residential dwelling also construct a new stairway into the basement in the rear yard

– LEGAL NOTICE –

CITY OF EVERETT ZONING BOARD OF APPEALS

484 BROADWAY ROOM 24 EVERETT, MASSACHUSETTS 02149

To Whom It May Concern::

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:

1 Magnolia Ct. Map/Lot: M0-02-000103

Bold Vision Real Estate 1 Magnolia Ct.
Everett, MA 02149

To convert the existing single family into a two-family residential dwelling also construct a new stairway into the basement in the rear yard

Reason for Denial:

• The lot is only 2994 square feet in area.
• Proposed parking is shown to be in the side yard setback (corner side)
• Parking is shown to be within eight feet of windows on the first floor
• The proposed stairway into the basement is shown to be in the rear yard setback.
• The existing building is a non-conforming structure in that it does not have the required rear yard.

Zoning:

Section 3 General Requirements Paragraph 3 which states the following:
(3) Existing non-conforming structure or uses may be extended or altered, provided that such ex- tension, alteration or change of use shall be permitted only upon the grant of a Special Permit by the zoning board of appeals after a public hearing and a finding by the board that such extension, alteration or change of use shall not be substantially more detrimental to the neighborhood than the existing non-conforming use or structure. (Ord. of 4-29-91)

Section 4 Dwelling District line 2-Dimensional requirements line

(2) Lot Area:

b. Two Family Dwelling——7000 Square Feet

Section 17 Off-Street Parking lines M, J and K which states the following:
(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.

(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. The Board of Appeals, however, may by special permit modify this requirement and the

dimensional requirements of paragraph (I) of this section, where a parking facility is under full-time attendant supervision

(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.

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