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CITY OF SALEM
MASSACHUSETTS
BOARD OF APPEAL
120%VAs1 1].wro.NS'FRF ET+SALE M,NUSSAO I LSE"I-rs 01970
K Miti'lu-17Y DRISCOLL Mm,:978-619-3685 + FAX:978-740-0404
MAYOR Cl)
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February 1, 2012 =." cc?:,= i
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City of Salem Zoning Board of Appeals :r
Petition of TARA KAWCZYNSKI requesting a Special Permit under Sec. 3.3.5 of the Salem Zoning
Ordinance to construct a second story on the single-family house at 27 Y2 FOSTER ST(R2).
A public hearing on the above Petition was opened on November 16, 2011 pursuant to Mass General
Law Ch. 40A, § 11. The hearing was continued to January 18, 2012 and closed on that date with the
following Zoning Board of Appeals members present: Annie Harris (acting as chair), Richard Dionne,
Jamie Metsch,Jimmy Tsitsinos and Bonnie Belair.
Petitioner seeks a Special Permit pursuant to Section 3.3.5 of the City of Salem Zoning Ordinances.
Statements of fact:
1. Attorney Scott Grover represented the petitioner at the hearing.
2. In a petition date-stamped October 26, 2011, petitioner requested a Special Permit under
Section 3.3.5 of the Salem Zoning Ordinance to allow expansion of the existing, nonconforming
single-family house on the property located at 27 Y2 Foster Street, by adding a second story.
3. On January 18, 2012, prior to the continued hearing, a site visit was held at 27 Yz Foster Street in
order to allow Board members to view the property.
4. At the hearing on November 16, 2011, and January 18, 2012, Attorney Laura Callahan spoke on
behalf of John Pelosi, 2 Walter Street, in opposition to the petition, citing concerns that the
addition would restrict light and air flow to her client's house, cause mold because of additional
shading, increase snow falling from the petitioner's roof onto his property, and block his water
views.
5. At the hearing on January 18, 2012, David Sirois, 24 Foster Street, spoke in support of the
project, discussing the improvements the petitioner was making to her property and their
benefits to the neighborhood.
The Board of Appeal, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the plans and petition submitted, makes the
following findings:
1. Desirable relief may be granted, since the project would not be
substantially more detrimental than the existing nonconforming
structure to the neighborhood. The Board, upon observation of
photographs and a visit to the property, determines that the project
would not block the water and park views from 2 Walter Street. The
Board also determines that the enlargement of the house would not
create an inconsistency with the other houses in the neighborhood.
2. In permitting such change, the Board of Appeals requires certain
appropriate conditions and safeguards as noted below.
On the basis of the above findings of fact and all evidence presented at the public
hearing including, but not limited to, the Plans, Documents and testimony, the Zoning
Board of Appeals concludes:
1. A Special Permit under Section 3.3.5 is granted to the construct the
second-floor addition to the property as shown on the submitted plans.
In consideration of the above, the Salem Board of Appeals voted, four (4) in favor
(Harris, Metsch, Dionne, and Tsitsinos, Belair abstaining) and none (0) opposed, to grant
petitioner's request for a Special Permit subject to the following terms, conditions, and
safeguards:
1. Petitioner shall comply with all city and state statutes, ordinances, codes
and regulations.
2. All construction shall be done as per the plans and dimensions submitted
to and approved by the Building Commissioner,
3. All requirements of the Salem Fire Department relative to smoke and fire
safety shall be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any
construction.
5. Exterior finishes of the new construction shall be in harmony with the
existing structure.
6. A Certificate of Inspection is to be obtained.
3
7. Petitioner is to obtain approval from any City Board or Commission
having jurisdiction including, but not limited to, the Planning Board.
8. Unless this Decision expressly provides otherwise, any zoning relief
granted does not empower or authorize the Petitioner to demolish or
reconstruct the structure(s) located on the subject property to an extent
of more than fifty percent (50%) of its floor area or more than fifty
percent (50%) of its replacement cost at the time of destruction. If the
structure is demolished by any means to an extent of more than fifty
percent (50%) of its replacement cost or more than fifty percent (50%) of
its floor area at the time of destruction, it shall not be reconstructed
except in conformity with the provisions of the Ordinance
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Annie Harris,
Salem Board of Appeals
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 of filing of
this decision in the office of the City Clerk. Pursuant to the 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 certificate of the City Clerk has been filed
with the Essex South Registry of Deeds.
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL LI f'`, Cr ,ALEi1. tWA
120 WASHINGTON STREET, 3RD FLOOR CLEKK'S OFFICE
SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595
FAX: 978-740-9846 .7006 MAR -2 P 5:-03
DECISION ON THE PETITION OF LINDA ROBINSTON REQUESTING
A VARIANCE FOR THE PROPERTY LOCATED AT 27 '/2 FOSTER STREET R--1
A hearing on this petition was held on February 8 2006 with the following Board
Members present: Nina Cohen, Chairman, Richard Dionne, Nicholas Hellides, Robin
Stein and Edward Moriarty. Notice of the hearing was sent to abutters and other and
notices of the hearing were properly published in the Salem Evening News in
accordance with Massachusetts General Laws Chapter 40A.
The petitioner is requesting a Variance from off-street parking regulations to allow an
existing driveway to remain. Relief sought is from front yard setback and the requirement
for a 2" buffer zone for the property located at 27 '/2 Foster Street located in an R-1 zone.
The Variance which has been requested may be granted upon a finding of the Board
that:
a. Special conditions and circumstances exit 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.
The Board of Appeal, after careful consideration of the evidence presented at the
hearing and after viewing the plans, makes the following findings of fact:
1. The Petitioner owns the property located at 27 '/2 Foster Street and represented
herself at the hearing.
2. The Petitioner purchased her home from Funari Development Inc., on August 17,
2005
3. At such time the property contained a paved driveway located in the front of the
house.
4. In early September of 2005, the Petitioner learned that he driveway constructed
by the seller of her property, was not done so in conformance with the Zoning By-
Laws of the City of Salem and that no authorization for the curb cut to access the
driveway was ever granted.
5. At the hearing the Board heard testimony from the Petitioner and her direct
abutting neighbor.
DECISION ON THE PETITION OF LINDA ROBINSON REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 271/2 FOSTER STREET R-1
pagetwo
6. The Petitioner explained that she only desired to keep part of the paved area as
a driveway and planned to landscape the rest to improve the look and function of
the property.
7. Petitioner 's neighbor opposed permitting the driveway to remain, as he believed
it presented an impediment to fire safety. He also complained that accessing the
driveway impeded his ability to park his car on the street.
8. In evaluating Petitioner's application the Board failed to find any hardship
requiring the issuance of a variance.
9. The Board was also concerned with access to the driveway where the property is
located on a curve.
On the basis of the above findings of fact, and on the evidence presented at the hearing,
the Board of Appeal concludes as follows:
1. Special conditions do not exist which especially affect the subject property and not
the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would not result in
unnecessary hardship to the petitioner.
3. The relief requested cannot be granted without substantial detriment to the public
good or without nullifying and substantially hardship derogating from the intent of the
district or purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted 2 in favor and 3 in opposition to grant the
requested variances. Having failed to garner the four affirmative votes required to pass,
the motion is defeated and the petition is denied.
VARIANCE DENIED
FEBRUARY 8, 2006
Robin Stein
Board of Appeal
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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 MGL
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 MGL 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 passed 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 owners Certificate of Title.
Board of Appeal
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ICITY OF SALEM, MASSACHUSETTS
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y} PUBLIC PROPERTY DEPARTMENT
120 WASHINGTON STREET, 3RD FLOOR
9�MINft SALEM, MASSACHUSETTS 01970
1 STA-N LE\' J. 1J SOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380
FAX: 978-74C-9846
MAYOR
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November 7, 2005
Linda Robinson
27 %Foster Street
Salem,MA 01970
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Dear Ms. Robinson;
This letter is to inform you that this office has determined that as you are not
responsible for the driveway situation that you inherited with the purchase of your home,
we will await the result of an upcoming Board of Appeal decision before we undertake
any action regarding this situation. What this means is that we will allow use of this
driveway until such time as the B.O.A. has a chance to review this situation and.make
their own determination as to allowance. Should you have any questions regarding this
matter,please feel free to call the office at (978) 745- 9595 ext. 380.
Sincerely,
Thomas J. St. Pierre
Building Commissioner/Zoning Enforcement Officer
De artment
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I FPOh' :SALEM ELECTRICAL DEPT FAX N0. :9787454638 Feb. 06 2606 04:21PM P1
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CITY OF SALEMv MASSACHUSETTS
Ir ELECTRIC DEPARTMENT
" 44 LAFAYETTE STREET
SALEM, MA 01970
TEL (978) 7468900
FAX (976) 7464688
MARK ROCHON, WIRE INSPECTOR
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FEBRUARY 6,2006
TO: CITY OF SALEM
BUILDING DEPARTMENT
ATT: THOMAS ST. PIERRE
120 WASHINGTON ST.
SALEM,MA. 01970
I; SUBJECT: 27 Y:FOSTER ST.
` DEAR THOMAS,
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FRIDAY FEBRUARY 3,2006 A FINAL INSPECTION OF 27 %s FOSTER ST. OCCUPIED BY
LINDA ROBINSON WAS REQUESTED, ALL OF THE RECEPTACLES, SWITCHES,AND
LIGHT FIXTURES WERE REPLACED. MANY NEW 20 AMP CIRCUITS WERE ALSO ADDED.
AN ITECTRICAL PERMIT IS ON FUX FOR THE ABOVE WORK# 562 DANIEL P. McIntyre JR,
ELECTRIC. THIS OFFICE REQUESTED THAT THE JUNCTION BOX IN THE BASEMENT BE
TERMINATED PROPERLY AND THE NEW CEILING RECEPTACLE TO BE GFCI PROT'ECTm.
AN ADDITIONAL FINAL INSPECTION WAS REQUESTED AFTER THE COMPLETION OF
THESE REPAIRS.
!iMCEREL
MARK ROCHON
WIRE INSPECTOR
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CC: BUILDING DEPARTMENT FAX: 846
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�L*1�16�AliST�E f1L{� nfil�'APPROVED BY T44E
JC{SPFCZLIB PFllQR7D:A;PAMS GRANTED
CITY OF SALEM
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BUILDING PERMIT APPLICATION FOR:
Permit to: ns 11 Siding Construct Deck Shed, Pool,
(Circle whichever apply) Rir/Repla Other:
PLEASE FILL OUT LEGIBLY &COMPLETELY TO AVOID DELAYS IN PROCESSING
TO THE INSPECTOR OF BUILDINGS:
The undersigned hereby applies for a permit to build according to the following
specifications: g—�
Owner's Name t �� F K
Address & Phone
Architect's Name
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Address & Phone
Mechanics Name
Address & Phone
Whet Is the purpose Of building? s'l /✓�
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WIN bulldog coniorrn to law? Asbestos?
Estirnated cost 0000. o o CRY License r ! �' state «
Rome Improvement
Li`. Si u e of plicant
SIGNED U ER THE PENALTY
OF PERDU Y
DESCRIPTION OF WORK TO BE DONE
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MAIL PERMIT TO:
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