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CRY OF SALEM
BOARD OF APPEALS
746.9595 EXL381
1 Will hold a public hearing for all per-
t- sons interested in the petition submit-
ie ted by GARY PALARDY requesting a
A Special Permit to alter a noncon
I forming structure and Variances
ie from rear and side setbacks to con-
1e struct a 16'x 24'addition for the prop-
3' erty located at 4 Blaney Street I, Said
s hearing to be held Wednesday,Janu-
of ary 18,2006 at 6:30 P.M.,120 Wastr-
in ington Street,3rd Floor,Room 313.
d. Nina Cohen,Chairman
is 1/41/11
n- ( ) =�
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/ CITY OF SALEM, MASSACHUSETTS
+ BOARD OF APPEAL
NA
120 WASHINGTON STREET, 3RO FLOOR CLE
SALEM, MASSACHUSETTS 01970 RK 'S OFFICE
TELEPHONE: 978-745-9595
FAX: 978-740-9848
60b FEB 10 A q: 0
DECISION OF THE PETITION OF GARY PALARDY REQUESTING A SPECIAL
PERMIT AND A VARLANCE FOR THE PROPERTY LOCATED AT 4 BLANEY
STREETI
A hearing on this petition was held on January 18,2006 with the following Board
Member,present: Nina Cohen, Chairman,Bonnie Belair,Nicholas Helides, Richard
Dionne and Edward Moriarty. Notice of the hearing was sent to abutter; and others and
notices of the hearing were properly published in the Salem Evening New in accordance
with Massachusetts General Laws Chapter 40A.
Petitioner is requesting a Special Permit to alter a non-conforming structure and a
Variance from rear and side setbacks to construct a 16' x 24'addition for the property
located at 4 Blaney Street I
The provisions of the Salem Zoning Ordinance which is applicable to the request for a
Special Permit is Section 5-3 0),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 Permit 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 neighborhood.
In more general terms,this Board is,when reviewing 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.
Ci F i_c 9. P1A
CL NK S OFFICE
DECISION OF THE PETITION OF GARY PALARDY REQUESTING A SPECIAL
PERMIT AND A VARIANCE FOR THE PROPERTY LOCATED AT 41$6krgyl 0 A 9: 0
STREETI
page two
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
of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented, and after
reviewing the plans makes the following findings of fact:
1. Petitioner appeared and presented the petition and request for Special Permit and
Variance relief above-noted.
2. Petitioner indicated that the historic building at 4 Blaney Street,once owned by
the Derby Family, and built in 1778 by Sam Ropes,has been allowed to fall into a
state of disrepair and neglect.
3. Current use of the premises as a multi-residence apartment has resulted in
transient tenants and a generally inappropriate use of the premises in this close
knit and historic family neighborhood.
4. Petitioners have the broad-based support of the abutters, neighborhood, and Ward
Councilor,in their proposal to preserve the historic architectural features of the
building while bringing it up to the increasingly high standards set by much of the
surrounding neighborhood.
5. With the Special Permit and Variances requested, Petitioner will be able to
construct a new building,with the same number of units as present, 5, for
condominiums,owner-occupied use.
6. The building/condominium will be known as Ropes Landing.
7. The premises will have one parking space for each unit,with two for the top unit.
8. The plans also provide for adequate guest-space parking of 8 off-street on
premises designated parking spaces,
9. The project will be predominantly one bedroom, catering to singles,or
professional couples.
10. Of particular significance in support of the project, direct abutter, Claudia Chuber
and her husband,appeared,suggesting that the proposed renovation was a great
improvement over the existing premises and current tenant uses.
11. Ward Councilor Lucy Corchardo, appeared and also asked to be noted in favor of
thero'
P Jcet
12. Two neighbors, George Smith and Steven Hopery,also appeared in favor of the
project,and look forward to the benefits to the neighborhood of this new,
historically-sensitive and appropriate reconstruction condominium project.
13. The VFW and Mackey Construction Company also wished to be recorded in
favor of the project and are direct commercial and social club abutters and
neighbors of the proposed project.
:i LLi i. MA
CLERK'S OFFICE
DECISION OF THE PETITION OF GARY PALARDY REQUESTING A
VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 4
BLANEY STREET I
page three 20H FEB 10 A 9: Ol
14. Petitioners established that the relief requested meets the requirements for a
Special Permit and Variance pursuant to G.D.C. 40A and the Salem Zoning
Ordinance.
15. The building,as located, is set unusually on the site in contrast to the surrounding
neighborhood.
16. The front of the building faces the left side lot,while the right side of the building
faces the street.
17. Given the setting of the building on the locus,the small addition requested, on
what is the left side of the building, and does have a detrimental affect referable to
the rear lot restrictions of the Ordinance.
18. Since most of the buildings in the relevant district face the street,it would appear
that the relief requested could be granted without substantial detriment to the
public good, and/or without derogation from the intent and purpose of the district
or the Zoning Ordinance.
On the basis of the above findings of fact,and on the evidence presented at the
hearing the Zoning Board of Appeal concluded as follows:
1. Special conditions do exist which especially affect the subject property but not the
district in general.
2. Literal enforcement of the provisions of the Ordinance would involve substantial
hardship on the petitioner.
3. Literal enforcement of the provisions of the Ordinance would involve substantial
hardship on the petitioner.
4. The relief requested can 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.
5. 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.
Therefore, the Zoning Board of Appeal voted, 5 in favor and 0 in opposition to grant the
relief requested with the following conditions.
1. Petitioner shall comply with all city and state statutes,ordinances,codes and
regulations.
DECISION OF THE PETITION OF GARY PALARDY REQUESTING A CLERK'S OFFICE
VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 4
BLANEY STREET I
page four 2006 FEB 10 A
90 �
2. All construction shall be done as per the plans and dimensions submitted.
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. A Certificate of Occupancy shall be obtained.
6. Petitioner shall obtain approval from any City Board's or Commission having
Jurisdiction,but not limited to the Planning Board.
7. Exterior finishes of the new construction shall be in harmony with the existing
structure.
8. Petitioner shall obtain Chapter 91 license from the State.
9. Unless this decision expressly provides otherwise, any zoning relief granted does
not authorize Petitioner to demolish or deconstruct any structure(s)on the
property to an extent greater than 501/o of the structure as measured by floor area
or replacement cost. If a structure on the property is demolished by any means to
an extent of more than fifty percent of its replacement cost or more than fifty
percent of its floor area at the time of destruction, it shall not be reconstructed
except in conformity with is Ordinance.
10. A master deed in the condominium documents requires the owner to reside at the
residents for at least six(6)months of the year.
Variance and Special Permit
Granted e&oj
January 18, 2006
Edward Moria (Z�,
Board of Appeal
OFFICE
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNINW FEB 1-0 A 9: G-1
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 or the owner of
record or is recorded and noted on the owner's Certificate of Title.
Board of Appeal
Board of Appeals
Salem, MA,
Re: Property on 4 Blaney Street, Salem, MA.
Chairperson:
We are unable to attend the hearing scheduled for January 1 S.
I spoke with Mr. Spencer several weeks ago about the property and the rehabilitation of the
building. He mentioned to me that dormers were to be added to the building. I suggested to him
in keeping with the integrity of a federal style building it would lend more beauty and credibility to
the building if the roof in the rear of the building was elevated to match and conform to the front
of the building rather than adding dormers to the rear of the building.
Keeping with the style of the building we would prefer if as many federal style attributes could be
maintained to the present structure.
Although the building is not included in the Historic Derby Street neighborhood it does abut to
the district it would be pertinent to keep the style of the building with as many original
attributes of the early style of the building in tact.
Fencing was mentioned. Part of the property abuts a beautiful summer garden on the power
plant property maintained by neighbors and perhaps landscaping could be done to complement
the abutting garden without fencing but a natural flow of the property since the footprint of the
property is basically limited in space.
Thank you for your kind consideration of our suggestions to this parcel of land and structure.
Sincerely;
Alice and Dolores Jordan
97 Derby street, Salem, MA.
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#1
Janl4,2006
City of Salem
Board of Appeals
To Whom It May Concern:
Having reviewed the plans for the renovation of 4 Blaney St., we are very pleased with the
design Mr. Palardy and Mr. Spencer are proposing. As a neighbor we feel that this proposal will
not change the character of our neighborhood, in fact, it will represent a significant restoration of
a beautiful old building that has been allowed to deteriorate and become an eye sore.
We would hope that the appeals board will allow this proposal to proceed forward and we
all look forward to it's completion.
Regards,
• v
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VFW Witch City Post #1524
95 Derby Street
Salem, MA 01970
Dear Sirs,
We would like to extend a warm welcome to you
as our new neighbors from the Board and
Membership of the Veterans of Foreign Wars
(VFW) Post #1524. We have reviewed your building
plans and have absolutely no objections to the
changes you plan on making to your property. We
welcome you as members, either as full members
or as associates to our organization, if you choose
to join. We hope you will enjoy your new residence
and will plan on being our neighbors for a long
time.
Sincerely,
Jack Lyons, President of the Board
Witch City VFW Post #1524
Salem, Massachusetts
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5.
November 18, 2005
City of Salem
Board of Appeals
Statement of Grounds for Special Permit
The Building at 4 Blaney Street is a wonderfully historic building once owned by the
Derby family. It has been allowed to fall into a desperate state of disrepair and neglect.
The neighborhood has experienced a rebirth and pride and boasts many historical
restorations and quality renovations. The applicant has restored many buildings
throughout Salem and Beverly and looks forward to preserving the historical
architectural features in this building while bringing it up to the high standards set by
much of the neighborhood.
There are presently only four useable parking spaces necessitating the use, by the
tenants, of on street parking. The applicant is creating eight parking spaces which will
help alleviate the need to rely on street parking and relieve some of the strain on the
neighborhood.
There is presently in the building city water and sewerage, natural gas and electricity.
There are no wetlands or drainage issues at this site. The applicant will be adding
many plantings to stabilize soils and beautify the property.
The applicant has worked with Architect Will Fields to design a finish product that will fit
well with the character of the neighborhood.
Finally, with the special permit we will be able to create five one bedroom units. These
will have fireplaces and decks which will overlook the ocean. One bedroom units
generally do not attract families which in tum put additional stress on the school
system. These five units should greatly increase the tax base for the City of Salem
without increasing any need for city services.
November 18, 2005
City of Salem
Board of Appeals
Statement of Hardship
The building at 4 Blaney Street has been set unusually on the site. The front of the
building faces the left side lot requirements and the right side faces the street. Because
of this setting, the small addition the applicant proposes on what is the left side of the
building is affected by the rear lot restrictions. Most of the building in the district faces
the street. It would appear that relief could be granted without substantial detriment
to the public good or from derogating from the intent of the district or the purpose of
the ordinance.
November 18, 2005
City of Salem ,
Board of Appeals
Statement of Hardship
The building at 4 Blaney Street has been set unusually on the site. The front of the
building faces the left side lot requirements and the right side faces the street. Because
of this setting, the small addition the applicant proposes on what is the left side of the
building is affected by the rear lot restrictions. Most of the building in the district faces
the street. It would appear that relief could be granted without substantial detriment
to the public good or from derogating from the intent of the district or the purpose of
the ordinance.
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® ® ® B Zoning Requirement Required Actual
Min. Lot Area 6000 s.f. 6355.99 S.F.
Min. Lot Width 60 ft. 86 ft.
Max. Lot Coverage 409. 34.5-1 %
Min. Depth of Front Yard 15 ft. t 35 ft. Drawing No:
Min. Width of Side Yard 10 ft. t 105 ft.
Min. Depth of Rear Yard 30 ft. 1483 ft.
New Front Elevation Max. Height of Buildings 30 ft. 31.15 ft.
Scale: 1/4" - 1'-0" Max. Ht of fences/boundary walls 10 ft. n/a
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Zoning Summary - Zoning District B-I t I
Zoning Requirement Required Actua I
Min. Lot Area 6000 S.F. 6355.99 S.F.
Min. Lot width 60 ft. 86 ft.
Max. Lot Coverage 4096 3451 90
Min. Depth of Front Yard 15 ft. t 3.5 ft. Drawing No:
Min. width of Side Yard 10 ft. t 105 ft.
Min. Depth of Rear Yard 30 ft. 14.63 ft.
Max. Height of Buildings 30 ft. 31.15 ft.
Max. Ht of fences/boundary walls 10 ft. n/a
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