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PROPOSAL: To demolish the existing structures on the property and construct a Four (4) Story Six (6) unit Residential Structure

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This notice is to inform you that a public hearing will be held on Tuesday January 17, 2023 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: To demolish the existing structures on the property and construct a Four (4) Story Six (6) unit Residential Structure

Property Address: 28 Cedar Street. Map/Lot: B-01-000136

Person Requesting: Mr. Cleomar Batista

4 Wilder Road. Leominster, MA 01453

Reason for Denial: The proposed use as a Six (6) 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:


• A Six (6) unit residential use is not permitted
• The frontage for the lot is only 41’-9” in length.
• The total side yard setback is only 14’-8”.
• The FAR (floor area ratio) for the proposed use is 1.32. where 0.5 is the limit
• Parking shown on the lot only indicates 10 spaces where 12 spaces are required. • There are several parking spaces that are undersized (less than 9’ x 18’)

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 beconverted 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) Section 4 Dwelling districts b) Dimensional Requirements 2) line C Quoted below
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)
3) Section 4 Dwelling Districts b) Dimensional Requirements 1) Frontage which states the following:


a. 50 (Fifty) Feet minimum
Residential lots in existence prior to the passage of this ordinance shall be exempt from The frontage requirement in this ordinance for a period of five (5) years from the date of passage of this ordinance, but shall conform to the requirements in effect prior to passage of this ordinance (Note: 30 feet Minimum) (Ord. of 6-29-87; Ord. of 7/16/2002 Ord. 11/13/2007)

4) Section 4 Dwelling Districts b) Dimensional Requirements line 6 which states the following:

Side Yard:

a. Four (4) feet minimum with a total of sixteen (16) feet

5) Section 17 Off-street parking paragraph A line 2 which states the following:
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, 6-29-87)
2. Multi Family Dwellings 2 spaces per dwelling unit

6) Section 17 Off-street parking line K which states the following:
(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. [in this case the front yard set back is a minimum of 10 feet per Section 4 Dwelling Districts b) Dimensional requirements]

7) Section 17 Off-street parking line I which states the following:
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)

ROBERTA SUPPA – Clerk of Board of Appeals December 30, 2022, January 6, 2023

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