2 HOLLY STREET - BUILDING INSPECTION 2 Holly St.
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DECISION ON THE PETITION OF CLAUDETTEJERNIER REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT-2 HOLLY STREET
A hearing on this petition was held Play 21, 1997 with the following
Board Members present: Gary Barrett Chairman, Nina Cohen, Paul
Valaskagis, Richard Dionne and Albert Hill. 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 is requesting a Special Permit to enlarge a two family
dwelling to a three family dwelling for the property located at 2
Holly Street (R-3 ) .
The provision of the Salem Zoning Ordinance which is applicable to
this request for a Special Permit is Section 3-3(j ) , 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, extension or 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 neighborhood.
In more general terms, this Board is, when reviewing Special Permit
requests, guided by the rule 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 Board of Appeal, after careful consideration of the evidence
presented at the hearing and after viewing the plans, .rakes the
following findings of fact:
1 . Petitioner indicated that she wanted to construct a third
apartment for a grandchild and great grandchild.
2. Petitioner had previously appeared before the Board in March of
1997 and at that time represented,in light of neighborhood
opposition, that she had no intention to create a third apartment
at the subject property.
3. Nadine Lada, 4 Holly Street, spoke in favor of the petition.
4. Mrs. Rodgers, 3 112 Holly Street, spoke in favor of the petition.
DECISION OF THE CLAUDETTE BERNIER REQUESTING A SPECIAL PERMIT FOR THE
PROPERTY LOCATED AT 2 HOLLY STREET (R-31
page two
5. Petitioner submitted a petition signed by 28 neighbors in favor
of the petition.
6. Petitioner could not inform the Board how many of those who
signed the petition were tenants at their listed address or which
signers were property owners.
7. Ms. Pike, petitioner's daughter who resides in the 1st floor
apartment of the property spoke in favor of the petition.
S. There is no additional parking available at the subject property,
and therefore there is inadequate parking to support a third
floor apartment.
9. William Kelley, Ward 5 Councillor, spoke in opposition to the
petition raising concerns about density and parking.
10. john A. McCarthy, 2 1/2 Holly Street, wrote a letter in
opposition to the petition.
11 . The Holly Street neighborhood and surrounding area rear the
subject property is densely populated and suffers from inadequate
off-street parking.
On the basis of the above findings of fact, and on the evidence
presented, the Board of Appeal concludes as follows:
1 . The Special Permit requested cannot be granted without
substantial detriment to the public good or without nullifying and
substantially derogating from the intent of the district or the
purpose of the ordinance.
2. The granting of the Special Permit requested will not be in
harmonv with the neighborhood and will not promote the public health,
safetv,convenience and welfare of the City's inhabitants.
Therefore, the Zoning Board of Appeal voted unanimously 0 in favor,
and five (5) in opposition to the motion to grant the relief
requested. Having failed to garner the four affirmative votes
required to pass, the motion to grant fails and the petition for a
Special Permit is denied.
SPECIAL PERMIT DENIED
May 21, 1997
Gary Barrett, Chairman
Member, Board of 'Appeal
DECISION OF CLAUDETTE BERNIER REQUESTING A SPECIAL PERMIT FOR
THE PROPERTY LOCATED AT 2 HOLLY STREET
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 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 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 or 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
CnttLi of *alrm, Massar4usdts
? �`a tlublic Propertg Department
Nuilbing Mepartment
(One t3alrm (Saen
508-745-9595 Ext. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
January 23 , 1997
City of Salem
Board of Appeals
One Salem Green
Salem, Mass . 01970
RE:S2 Holly Street
Dear Chairman Barrett :
On October 31 , 1996 I issued a permit to renovate an
attic space for a bathroom, 2 bedrooms and a livingroom.
On January 8 , 1997 , I made a rough inspection of on going
work and discovered that a dormer had been built without
proper permits being obtained.
In order for a proper permit to be issued, the owner
of the property is required to receive a Variance per
Article 8- 4 of the City of Salem Zoning Ordinance . The
structure is non-conforming and doesn ' t have the proper
side set back of ten ( 10 ' ) feet .
This office is in no way opposed to this Variance ,
but wishes to legalize said dormer.
Thank you for your anticipated cooperation in this
matter.
Sincere
Leo E . Tremblay t//f
Zoning Enforcemen Officer
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