33 BRIGGS STREET - ZBA 1- 33 BRIGGS STREET
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Legal Notice
CITY OF SALEM '
BOARD OF APPEAL
745-9595 Ext.381
Will hold a public hearing for all
persons interested in the petition sub-
mitted by PAUL BOGART requesting 1
a Variances to allow an existing third ,
unit and a Variance from the parking
requirements for the property located
at 33 BRIGGS STREET R-2. Said
hearing to be held WEDNESDAY,
JULY 18, 2001 AT 6:30 P.M., 120
WASHINGTON STREET,3rd floor.
` Nina Cohen,Chairman
U T CITY OF SALEM9 MASSACHUSETTS
BOARD OF APPEAL CITY OF SALEM. MA
CLERK'S OFFICE
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA 01970
TEL. (978) 745-9595
FAx (978) 740-9846
STANLEY J. USOVICZ, JR. 2001 OCT 21-1 P 2: 08
MAYOR
DECISION ON THE PETITION OF PAUL BOGART REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 33 BRIGGS STREET R-2
A hearing on this petition was held on October 17, 2001, with the following Board
Members present: Nina Cohen, Chairman, Stephen Harris, Richard Dionne, Nicholas
Helides and Joan Boudreau. 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 to allow a third unit and a Variance from Parking
requirements for the property located at 33 Briggs Street located in an R-2 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. Petitioner is the purchaser of a property at 33 Briggs St., which consists of a three-
story house on an undersized lot. Petitioner seeks a variance to allow three dwelling
units in the building. A previous request to allow a third unit in the property at 33
Briggs St. was denied by this Board on July 8, 1976, on the grounds that the
increased traffic and parking problems would be detrimental to the surrounding
neighborhood.
2. Notwithstanding the earlier decision, petitioner's representative, Stephen Lovely,
Esq. related to the Board that the property currently has a third unit, and he
requested that the Board allow the existing third unit and grant a parking variance.
3. The Board heard in opposition to the petition, Chester Chalupowski of 26-30 Andrew
St., Tim Doggett of 9 Lynn St., and Councillor Regina Flynn representing neighbors
in Ward. 2. These neighbors opposed the granting of the variance on the grounds
that the increased density and resulting traffic would be detrimental to the
neighborhood.
DECISION OF THE PETITION OF PAUL BOGART REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 33 BRIGGS STREET R-2
page two
4. The Board finds that petitioner failed to present sufficient evidence of hardship on
which to base the granting of a Variance.
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 1 in favor and 4 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
OCTOBER 17, 2001
Nina Cohen, Chairman
Board of Appeal
t,
DECISION OF THE PETITION OF PAUL BOGART REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 33 BRIGGS 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 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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Phone: 617-734-3113
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i IIRc::El4C EDu�rd of C Jyi PcaI AUG << , 97
WILLIAM F. ABBOTT CITYt,L;.n•�•� uFFICE
JOSEPH F. DOYLE SALEM. HASS,
- JOHN M.GRAY.SR.
ARTHUR F. LAZRECQUE JULY 8, 1976
JANE T. LUNDREGAN -
DONALD E. EAMES
EMERY P. TANCH DECISION ON THE PETITION UDO W. SALOMON FOR A SPECIAL PERMIT TO
CONVERT AN EXISTING TWO FAMILY HOUSE LOCATED AT 33BRIGGS STREET
TO A THREE FAMILY. (R-2 DISTRICT)
Hearing was held on this petition on Thursday, July 8, 1976 at 7:15 P.M,
Present were Chairman John M. Gray, Sr. , Donald Eames, William Abbott and
Jane T. Lundregan, Notices were duly mailed to abutters and others in
accordance with Massachusetts General Laws, Chapter 808.
Mr, Salomon represented himself before the Board. Multi-family dwellings
not exceeding four families are a Special Permit use in an R-2 Zone,
Mr, Salomon stated that he needed relief from Off-street parking requirements
if a .third .. apartment was granted. He also stated that the house is
abutted by a three family house on one side and a four family house on
the other side. He said the house has a hot-topped yard and driveway which
could provide some of the needed parking.
Several neighbors appeared in opposition and stated that the street is already
plagued with traffic and parking problems and that the granting of an additional
apartment would add to said problems,
The Board voted to deny the petition as requested, The Board found that it
could not grant the Special Permit requested without derogating from t
of the Salem ZoningOrdinance he intent
ce
and without harm to the surrounding neighborhood,
The Board felt that the increased traffic
andark'
in
to the surrounding neighborhood. P g problems would be detrimental
APPEALS FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE
MASS, GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY DAYS AFTER
THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERIC, A COPY OF
THIS DECISION HAS BEEN FILED WITH TIE PLANNING BOARD AND THE CITY CLERIC
DENIED
SALEM BOARD OF APPEAL
BY
,SECRETARY
� 1
DATE: July 24, 2001
TO: Salem Building Inspector
FROM: Susan Quirk
RE: 33 Briggs Street, Salem
I realize the above-referenced property is a legal two family. Please be advised that the
illegal apartment has been vacated and will not be rented out.
If additional information is required, please feel free to contact me at any time.
Sincerely,
Susan Quirk
��a
,�g ��r
August 14, 2001
Board of Appeal:
I recently signed a petition for the Quirk family which stated that I did not object to the third
floor appartment or parking requirements at 33 Briggs Street. I was told that this variance was
needed before a sale could go through.
I later heard that there was already a new owner and that he was going to sell the apartments as
condos.
I now think these variances would not be beneficial to the neighborhood and would like my
name removed from their petition.
Sincerely,
Fabia French, Owner
28 Briggs Street
32-32A Briggs Street
SROM C_J_C INSURRNCE & PEALESTATE PHONE 110. 976 921 4945 Aug. 15 2001 12:47PM P1
1f WATER"ftROVIM Phone' 978421 4W
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To: City of Salem,Board of Appeel
@Fax: " 976.740.9646
From: CHF,STER J CAiALUPOWSK1
Date; Wednesday,August 16,2007i;,1'PD9PM
Re:. opposition to Abutters request{;,it Naridneo
pages: 1, Including this
Board of Appeal
Being owner of 26, 30 Andrew street in Salem Mass which Abuts I"00tioners(Paul
Bogark)property. Please be Informed IM in opposition to Petitioners request for v;,ritii'ca at$3
fdriggs Street Salem Mass. Due to the fact there is insufficient room for parking accilr'dh, g to the
requi,ements as well as the potential increased congestion and fumes associated v+ith rdhiclas.This
property has always been a yard as well as mine .this will cause undo hardship on rriy property as a
whole as well as the adjacent buildings there Bre kitchen windowsiess than 3-feet wSW6 the
potential cars would be parked.
Sincere) /
��,�.... ,.ester-TChal w .
Citp of 6alem, '4lawrbU5Pttq
4
®ffite of the City Council
2 � Q•
Cup jt)afl
COUNCILLORS-AT-LARGE JOAN B. LOVELY WARD COUNCILLORS
PRESIDENT
2001 2001
LAURAA DeTOMA DEBORAH E. BURKINSHAW SCOTT A. LaCAVA
THOMAS H. FUREY CITY CLERK REGINA R. FLYNN
KEVIN R. HARVEY - JOAN B. LOVELY
ARTHUR C. SARGENT III LEONARD F. O'LEARY
KIMBERLEY L. DRISCOLL
SARAH M. HAYES
JOSEPH A.O'KEEFE, SR.
AugUSt 151h,2001
Board of Appeal
City of Salem
120 Washington Street
Salem,Massachusetts 01970
Dear Chairman Cohen,
I am again requesting that a variance to allow
illegal third unit as well as a
from parking requirements for the property located
at 33 Briggs Street be denied.variance Y
I am attaching a letter that I submitted for the last Board of Appeals meeting on July 1 Sn`
to this brief note. As I stated in my last letter, myself and other councilors have spent'a
great deal of time and energy over the past year working on the revising of our zoning
ordinances. One of our primary concerns is preserving the integrity of our neighborhoods
by preventing increased density and more intensive uses of single and two family homes.
Sincerely,
r
Re 'na F1
W 0 City Councillor
City of 6aiem, Aafs!5arbu2;ett5
Office of the Citp Council
Citp �t)atl
COUNCILLORS-AT-LARGE JOAN B. LOVELY WARD COUNCILLORS
2001 PRESIDENT
2001
LAURA DeTOMA DEBORAH E. BURKINSHAW SCOTT A. LaCAVA
THOMAS H. FUREY CITY CLERK REGINA R. FLYNN
KEVIN R. HARVEY JOAN B. LOVELY
ARTHUR C. SARGENT III LEONARD F.O'LEARY
KIMBERLEY L. DRISCOLL
SARAH M. HAYES
JOSEPH A. O'KEEFE, SR.
July 180', zool
Board of Appeal
City of Salem
120 Washington Street
Salem,Massachusetts 01970
Dear Chairman Cohen,
This letter is in opposition to the variance request to allow a third unit at 33 Briggs Street.
As you know city-wide neighborhood groups as well as individual council members have
worked long and hard to maintain the integrity of Salem's neighborhoods by being
mindful of density issues. These issues affect not only the quality of our lives but the
values of our homes.
I have been deeply involved in the revision of our zoning ordinances over this past year.
The issue of increased intensity of use in our already fragile neighborhoods has been
discussed, and is viewed as one of the most important concerns in preserving our quality
of life here in Salem. Time and time again we've swallowed the old chestnut that "I
didn't realize this when I purchased the house,"when petitioners come before the board
to change a two family to a three, or a three to a four.
I hope the Board of Appeals upholds our present zoning ordinances which clearly denies
this typeof variance being granted in R-2 neighborhoods. Please don't let all the hard
work of the past be in vain. I request that the Board of Appeal not grant this variance.
Sincerely,
Re ' a I