26 ABORN STREET - ZBA �aO
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—* CITY OF SALEM9 MASSACHUSETTS
e BOARD OF APPEAL CITY OF SALEM. MA
120 WASHINGTON STREET, 3RD FLOOR CLERK'S OFFICE
MMS SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595
MAYOR FAX: 978-740-9846 ZOOS AUG I I P 3: 4
DECISION OF THE PETITION OF FIAMINO LANZILLO,JR REQUESTING A
SPECIAL PERMIT FOR THE PROERTY LOCATED AT 26 ABORN STREET B2
A hearing on this petition was held on August 9, 2005 with the following Board Members
present:Nina Cohen, Chairman,Richard Dionne,Nicholas Helides, Bonnie Belair and
Edward Moriarty. 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 request a Special Permit per Sections 8-3,84& 8-5 to tear down and rebuild
on existing non-conforming structure and to replace it with a single family dwelling for
the property located at 26 Abom Street located in a B-2 zone.
The provision of the Salem Zoning Ordinance which is applicable to this request for a
€ Special Permit is Section 5-3 (2)(8)which provide 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 Section 8-6 and
94,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 for the City's inhabitants.
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.
DECISION OF THE PETITION OF FIAMINO LANZILLO,JR-REQUESTING A
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 26 ABORN STREET B-2
page two
The Board of Appeal, after careful consideration of the evidence presented, and after
viewing the plans, makes the following findings of facts:
1. The petition was continued from the meeting of July 20,2005 during which the
following occurred:
2. Attorney Sam Vitali represented the petitioner.
3. The petitioner stated that the existing structure was beyond reconstruction and
needed to be town down and replaced with a new structure.
4. The members of the Board of Appeal discussed the need for an engineers report to
evidence the need to demolish the structure.
5. The abutting neighbor to the right,Jose Gomes spoke in opposition to moving the
location of the building.
6. During the meeting of July 20m the members of the Board of Appeal, suggested
that the petitioner meet with the members and architects of Historic Salem Inc.
and the neighbors.
7. At the meeting of August 9,2005 the petition was reopened and the following
occurred:
8. A letter from Historic Salem, Inc. was read into the minutes.
9. The petitioner again was represented by Attorney Sam Vitali.
10. James Treggiano of Witchcraft Heights spoke in favor of the petition.
11. Many Anne Silva of the Ward 4 Neighborhood Association spoke in favor of the
involvement of Historic Salem, Inc
12. Building Inspector,Tom St. Pierre advised the Board that if a new dwelling were
constructed in the same location with a zero setback,no windows could be placed
in that side wall of the structure that was on the lot line.
13. Pictures were viewed and a discussion of the streetscape,height of the existing
and proposed new structure,was discussed.
14. Proposed parking was discussed.
DECISION OF THE PETITION OF FIAMINO LANZILLO, JR. REQUESTING A
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 26 ABORN STREET
B-2
15.Members of the Board discussed the location of the new structure and it was
determined that the petitioners proposal for location made sense in light of the
zero lot line issue.
16.The Petitioner acknowledged his willingness to work with and incorporate
exterior design and materials suggestions from Historic Salem, Inc.
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. Literal enforcement of the provisions of the ordinance would involve substantial
hardship on the petitioner.
2. The relief requested can 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.
3. The Special Permit granted can be granted in harmony with the neighborhood and
will promote the public health, safety, convenience and welfare of the City's
inhabitants.
4. Special conditions exist which especially affect the subject property,but not the
district in general.
On the basis of the above findings of fact,the Zoning Board of Appeal voted 5 in favor
and 0 in opposition to grant the Special Permit requested, subject to the following
conditions.
1. Petitioner shall comply with all city and state statues,code ordinances and
regulations.
2. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
3. Petitioner shall obtain a building permit prior to beginning any construction.
4. Petitioner shall obtain a Certificate of Occupancy.
5. Exterior finishes of the new construction shall be in corporation with Historic
Salem Inc.
6. All construction shall be done as per the plans submitted and approved by the
Building Commissioner.
DECISION OF THE PETITION OF FIAMINO LANZILLO,JR. REQUESTING A
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 26 ARORN STREET B2
7. Petitioner shall obtain approval from any City Boards or Commission having
jurisdiction including,but not limited to the Planning Board.
8. Petitioner shall request to waive the 6 month demolition delay ordinance with the
Salem Historical Commission.
�/Special Permit Granted ,
August 9,2005 V Nicholas Helides
Board of Appeal
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 the 20 days have elapsed and
no appeal has been Sled, or that,if such appeal has been filed, that is has been
dismissed or denied is recorded in the South Essex Registry of Deeds and indexed
under the name of the owner or record or is recorded and noted on the owner's
Certificate of Title.
Board of Appeal
C!1 Ui SA UM. MA T2 OF ULEM9 HMETTS
CLERK'S FIGE
8012 OF IIPPFILL
2005 APR 28 2
To THB fO�Rlt>D o!'a!lsals ,, � _
26 Ab�n tree represent he/she blare &a owners of a certain parcel of land located at:
and sold parcal is atbohd by Section(s) 8tr Massachusetts on"Building Code.
Plans describing the wort proposed have been submitted to the Inspector of Buildings in accordance with Section IX
A.I of&a Zoning Ordinance. _
Direct appeal.
The Application for permit wY dented by dw Inspector of BwkUnp for the following tessop(s):
Direct appeal.
The Undrdgned bereby psMoas the Bond of Appeal to soy the terms Of the 801610 Zoning Ordinance and/or the
BWlftg Coda and order&* Inspector of VUUM s to approve the "*kW= be Perrpit to build as Sod, as the
anforoaaaaR of odd Zoning Br1rw0 and BWkbng Code would 10volw praotiod MouMY or wmeosssmy hrdddp to
the Underdgned and relief may be granted wltinad e0130taNlaB7 drogathug from tba !intent and purpose of the
Zordsg Ordinance and Building Code for the following reasom
Petitioner asks the Board to permit the demolition of a pre-existing, non-conforming
single-family dwelling on a non-conforming lot and allow construction of a new,
single-family dwelling thereon, with on site parking, and a determination that such
use is not substantially more detrimental than the existing use.
Sec. 8.3. 8.4, 8.5 Zoning Ordinance; M.C.L. Ch 40A, Sec 6.
(PLEMM�o Lanzillo, Jr. p same as owner
Address:50 Centre Street, Danvers, MA Address:
TOL No. Tal.No.
Street Attorney Se A Vitali
60 Andrew Street
Lynn, MA 01901Samuel A. Vitali
781-599-6363 Date: 4 ails S-
_ FAX: 781-599-7955
This orlond application mmol be Sod with ulna City Clark A =cad copy of no pefton will be returned to
Petitioner at dw time of filing VA&*0 Clly Clerk.to then be Stall Wo the Secretary of the Board
f Appeal ,
pps ut of
our
weeM prior to *A meeting of dw Bard 0f Appeal, 010041 with a Check`fol 'adyvddi►9
t ,mads Payable to the WM&Wing News'.
A TRUE
ATTEBT
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LE
GAUL ISt®11C
� em P.O. Box 865
Salem, M 01970
incorporated
Telephone: (978) 745-0799
August 9, 2005
Ms. Nina Cohen, Chair
Salem Zoning Board of Appeals By Hand
Dear Madame Chair:
On behalf of Historic Salem, Inc., we would like to report on our findings and recommendations relative to 26
Abom Street. We apologize that we are unable to send a representative to your meeting this evening.
1. We believe the house is historic as described in the survey form presented at your last meeting, and further that
it contributes to a small neighborhood of historic houses of different periods but similar scale on Abom Street.
2. Upon review by a structural engineer from Structures-North and a walkthrough by members of Historic Salem,
we conclude that there is extensive structural damage to the structure,that the building was most likely originally
built as a utilitarian building such as a shop or storage building and later converted to a residence, and that much
interior detail has already been destroyed. Accordingly we do not disagree with the finding of the owner that the
structure should be replaced.
3. In order for any demolition to take place, a request must be made to the Salem Historical Commission to waive
the 6-month demolition delay ordinance.
4. Historic Salem will support such a waiver if, and only if, the owner agrees to meet with architects from
Historic Salem to help define the exterior character and materials of the new house, including retaining
substantially its current footprint and appearance, so that the new house continues to contribute to the
neighborhood in terms of scale and materials. We would then confirm our understanding of what the owner has
agreed to incorporate in the replacement structure in a letter that we would ask to have made a part of the
Historical Commission's decision. When we met with the owner, we understood that he is agreeable to this.
5. Our recent attempts to contact the owner to arrange for our architects to work with him have been
unsuccessful. If the ZBA desires to make the design of the new building a part of their decision, we are ready to
meet with him as soon as possible so that drawings and/or specifications can be included in his submission to the
ZBA.
If you have any questions or desire any further information, please do not hesitate to call me.
Sincerely yours,
Barbara A. Cleary Cc: Donna Vinson,Vice President
President Ali.
k
Fax: (978) 744-4536 9 Email: info@historicsalem.org
PETITIONER
LOCATION r— -- -- — DATE ,Q-q6. -
MOTION : TO GRAT SE �
GOND " —SE�—
TO DENY SECOND
TO RE-AFAR SECOND
WITIJIDRAW SECOND
CONTINUE SECOND
Nuu Cohen toy Amend Wi h w Continue
Richard Dionne ---
Bonnie Belau
Nichohu Helides
Edward Moriarty -------------- -------"'-'"'.--------
-------------------
ASSOCIATE MEMBERS
---------------- ---- - —____------------------
Stevea � ------------------------------------------------------
CONDITIONS
PETITIONER
DATE
LOCATION
MOTION : TO GRAT
TO DENY SECOND
SECOND
TO RE-HEAR
SECOND
WITHDRAW SECOND
CONTINUE SECOND
ROLL CALL �t Grant`— Denv s -- "---_—_—
Nma Cohen -mend Withdraw Con"nue
Richard Dionne --------
Bonnie Belau __'"-'-'---------------__
Nicholas Helides~___. ._._ -.—. _____._______--_---_.—_____---_____
Edward Moriarty
.--------------------
ASSOCIATE MEMBERS
StevenPintn _. . -___-------------._----.-----------------------------------
CONDITIONS
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