To alter the exiting Two (2) family dwelling by adding Four (4) units for total of Six (6) units to the existing non-conforming structure

– 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 February 27, 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:

Property Address: 46 Liberty Street Map/Lot: C0-03-000152

Person Requesting: Mr. Cesar Lopez Berrio 20 Chatham Road Everett, MA 02149

PROPOSAL:

To alter the exiting Two (2) family dwelling by adding Four (4) units for total of Six (6) units to the existing non-conforming structure

Reason for Denial:

The proposed use is not permitted in the Dwelling District and the building does not meet the current zoning requirements for setbacks.

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

Violations:

• A Six (6) unit residential use is not permitted in this zoning district.
• It appears from the supplied plot plan that several vehicles will be backing into the street. • Parking shown on the lot but there are several spaces located in the front yard setback.
• The applicant must file with the Planning Board for the TDM program

Zoning:

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.) Section 3 General requirements paragraph 3 which states the following:
Existing non-conforming structure or uses may be extended or altered, provided that
such extension, 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)

(3.) Section 17 Off-street Parking paragraph O line 4 which states the following:
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.

(4)

(5)

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 setback is a minimum of 10 feet per Section 4 Dwelling Districts b) Dimensional requirements]

Section 33 Transportation Demand Management: the requirement for this Zoning District but the applicant must file with the TDM because of the number of require spaces.)

MARY GERACE – Chairman
Roberta Suppa – Clerk of the Board of Appeals February 10, 17, 2023