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DECISION OF THE PETITION OF JEANETTE M. MALAWAK REQUESTING A
VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 165
FEDERAL STREET R-2
A hearing on this petition was held December 15, 1999 with the following Board
Members present: Nina Cohen, Richard Dionne, Michael Ward, Stephen Buczko and
Ronald Harrison. Notice of the hearing was sent to abutters and others and notices of
the hearing were properly published in the Salem Evening News in accordance with
Massachusetts General Laws Chapter 40A.
Petitioner requests a Special Permit to reinstate 165 Federal Street to a two family and a
Variance for parking requirements for the property located at 165 Federal Street R-2.
The province the Salem Zoning Ordinance which is applicable to the request for a
Special Permit is section 5-3 Q), which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the Board of
Appeal may, in accordance with the procedure and conditions set forth in Sections 8-6
and 9-4, grant Special Permits for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extent expansion of nonconforming lots, land,
structures, and uses,
provided, however, that such change extension, enlargement or expansion shall not be
substantially more detrimental than the existing nonconforming use to the neighbor.
In more general terms, this Board is, when reviewing Special Permit requests, guided by
the rules that a Special Permit request may be granted upon a finding by the Board that
the grant of the Special Permit will promote the public health, safety, convenience and
welfare of the City's inhabitants.
The Variances which have been requested may be granted upon a finding of the Board
that:
A. Special conditions and circumstances exist which especially affect the land,
Building or structure involved and which are not generally affecting other lands,
buildings or structures in the same district.
B. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner.
C. Desirable relief may be granted without substantial detriment to the public good and
without nullifying or substantially derogating from the intent of the
district or the purpose of the Ordinance.
NA
y w_LQk OFFICE
DECISION OF THE PETITION OF JEANNETTE MALAWKA REQUESTING A SPECIAL
PERMIT &VARIANCE FOR THE PROPERTY LOCATED AT 165 FEDERALI�ujT faT28 P 2: 22
R-2
page two
The Board of Appeal, after careful consideration of the evidence presented, and after
viewing the plans, makes the following findings of fact:
1. The petitioner, Jeanete Malawka, requested a Special Permit to reinstate 165
Federal Street to a two family dwelling and a Variance from parking requirements.
2. Her accountant, Tom Gallo, represented the petitioner.
3. Mr. Gallo stated that the residence was formerly utilized as a two family home and
submitted architectural plans that were prepared by Shay B. Leary, of 25 Exchange
Street in Lynn, in 1925. The plans displayed the floor plan layout of the tow family
residence.
4. The residence is located in an R-2 district.
5. Adelaide Quaresma spoke in favor of the proposal. Ms. Quaresma and Mr. Hilario
are prospective buyers of the property. They claimed that they would reside in the
home.
6. There is on street parking allowed in front of the property.
7. Regina Flynn, Ward 2 Councillor, submitted a letter in opposition to the proposal
because of current neighborhood density and concerns that the property would be
managed by an absentee landlord
8. No one was present in opposition to the proposal.
On the basis of the above findings of fact, and on the evidence presented at the
hearings the Zoning Board of Appeal voted unanimously, 5-0 to grant the requested
Special Permit subject to the following conditions:
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
3. All requirements of the Salem Fire Department relative to smoke and fire
safety shall be strictly adhered to.
Special Permit&Variance Granted
December 15; 1999
Michael Ward, Member
Board of Appeal
r
CLERIt S�OFFICE A
DECISION OF THE PETITION OF JEANETTE MALAWAKA REQUESTING A
VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATEIRAItptt528 P 2. 22
FEDERAL STREET R-2
page three
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CITY CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17 of the
Massachusetts General Laws Chapter 40A, and shall be filed within 20 days after the
date of filing of this decision in the office of the City Clerk. Pursuant to Massachusetts
General Laws Chapter 40A, Section 11, the Variance or Special Permit granted herein
shall not take effect until a copy of the decision bearing the certification of the City Clerk
that 20 days have elapsed and no appeal has been filed, or that, if such appeal has
been filed, that it has been dismissed or denied is recorded in the South Essex Registry
of Deeds and indexed under the name of the owner of record or is recorded and noted
on the owner's Certificate of Title.
Board of Appeal
0
CITY OF SALEM, MASSACHUSETTS
PUBLIC PROPERTY DEPARTMENT
a
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380
MAYOR FAX: 978-740-9846
March 3 2005
To Whom it May Concern
RE:.165 Federal Street
According to our records, it has been determined that the building located at 165 Federal
Street is a legal grandfathered non -conforming 2 family dwelling.
This is to determine use only and in no way is meant to confirm or deny whether said
property is in compliance with all building, plumbing, gas, electric, fire or health codes
Siely,
4", J
Thomas St. Pierre
Zoning Enforcement Officer