19 DEARBORN STREET - ZBA e
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Zon_ ard Proiect Status Sheet
Address & Applicant:
a v-
Date Submitted to BOA:
❑ Clerk Stamp:
Variances Only - Constructive Approval Date: (100 says firom filing)
❑ Abutters List Requested:
❑ Abutters Notice Sent:
❑ Notice to Abutting Cities & Towns, Councillors:
❑ Legal Notice posted at City Hall: (14 days before meeting)
❑ Legal Notice Emailed & Confirmed:
❑ Legal Notice Posted on Web:
❑ Agenda to Applicant:
Applicant's email address or fax number to send agenda:
Opened at Meeting: ----
Continued Meetings:
Closed at Meeting: Extension Form(s) Signed & Clerk Stamped?
Decision:
Decision Filed: �L Appeal Period Over:
after decision filed) (21"day
❑ Decision Sent to Applicant:
❑ Notice of Decision Sent to abutters, cities and towns,
councillors:
,ZBA ACTION FORM
,A-ARD
Date: Rebecca Curran (Chair)
Mike Du
Petitioner: Tom Watkins
Peter Co elas
Address: Jimmy Tsitsinos
Jim Hacker Alt.
Paul Viccica (Alt.)
Total:
Conditions:
❑Petitioner shall comply with all city and state statutes,ordinances, codes and regulations.
3
❑All construction shall be done as per the plans and dimensions submitted to and approved by the Building
Commissioner.
❑All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to.
❑Petitioner shall obtain a building permit prior to beginning any construction.
❑Exterior finishes of the new construction shall be in harmony with the existing structure.
❑A Certificate of Occupancy is to be obtained.
❑A Certificate of Inspection is to be obtained.
Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall display said
number so as to be visible from the street.
❑Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not
limited to,the Planning Board.
❑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.
❑
L .
,B�OFIDIT� •.
CITY OF SALEM, MASSACHUSETTS
3 BOARD OF �
APPEp �
1 " 4017 JUN 28 PM2= 53
120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 0197G1 T Y CLERK
KIMBERLEYDRiscoLL TELE:978-745-9595 ♦ FAX:978-740-984:6 . SALEM. MASS
MAYOR
June 28, 2017
Amended Decision
City of Salem Board of Appeals
Petition of GAIL M. RUSSELL f/k/a GAIL M. MAZZARINI seeking an amendment to existing
Decisions dated July 2, 1984 and November 27, 1985 to remove a condition that the premises remain
owner occupied, if the property ceases to be owner occupied it will revert to a two-family dwelling at
the property located at 19 DEARBORN STREET (Map 27 Lot 365)(R-2 Zoning District)..
A public hearing on the above Petition was opened on June 21, 2017 pursuant to M.G.L Ch. 40A, 5 11 and
closed on that date with the following Salem Board of Appeals members present: Rebecca Curran-Cutting
(Chair),Peter A. Copelas (Vice-Chair),Tom Watkins,Mike Duffy and Jimmy Tsitsinos.
The Petitioner seeks an amendment to existing decisions dated July 2, 1984 to remove a condition that the
premises remain owner occupied, if the property ceases to be owner occupied it will revert to a two-family
dwelling. The petitioner is also seeking to amend an existing decision dated November 27, 1985 to remove a
condition that the fourth unit shall be occupied by blood relatives only.
Statements of fact:
1. In the petition date-stamped April 24, 2017, the Petitioner seeks an amendment to existing decisions
dated July 2, 1984 to remove a condition that the premises remain owner occupied, if the property
ceases to be owner occupied it will revert to a two-family dwelling. The petitioner is also seeking to
amend an existing decision dated November 27, 1985 to remove a condition that the fourth unit shall
be occupied by blood relatives only.
2. Attorney Thomas Alexander,Beverly,MA-presents the petition on behalf of the petitioner.
3. The property is located in an R-2 Zoning District.
4. Gail Russell,purchased the property in 1970 and has been in the neighborhood for 47 years.
5. The existing house is large with +/- 4,750 square feet. The assessor's records list that there are twenty
(20) rooms in this structure.
6. One (1) of the existing units is currently occupied by the petitioner, Gail M. Mazzatini. A second unit
is occupied by Sue Mazzarini and her children. The other two (2) existing units are occupied by
tenants.
7. The petitioner states that if the property were to revert back to a two (2) family structure, the two (2) '
units would be very large spaces and would be a financial burden to the applicant to deconstruct two
(2) of the four (4) existing dwelling units.
8. The existing parking area is 2,064 square feet with the ability to provide two (2) parking spaces for
each of the four (4) units.
City of Salem Board of Appeals
6/28/2017
Project: 19 Dearborn Street
Page 2 of 3
9. In 1984, the petitioner applied for a special permit, to allow a third dwelling unit with the special
condition that the premises remain owner occupied, if the property ceases to be owner occupied it
will revert to a two-family dwelling. In 1985, the petitioner applied for another special permit to allow
a fourth dwelling unit. At the time, the Zoning Board of Appeals granted the request with a special
condition that the fourth unit shall be occupied by blood relatives only.
10. Soon after the 1985 decision, the petitioner constructed an addition to accommodate a fourth
dwelling unit.
11. The petitioner is requesting to amend existing decisions dated July 2, 1984 to remove a condition that
the premises remain owner occupied,if the property ceases to be owner occupied it will revert to a
two-family dwelling. The petitioner is also seeking to amend an existing decision dated November 27,
1985 to remove a condition that the fourth unit shall be occupied by blood relatives only.
12. These special permits were granted about 35 years ago and a lot has changed. The petitioner is
working on her estate plan and the possibility that this property could revert back to a two-family with
5 to 7 rooms. The petitioner states that there is no market for two (2) large rental units unless
bedrooms are individually rented to students.
13. The petitioner states that the Salem economy has changed and the need for very large dwelling units
has also changed. The student population has increased dramatically and there is a need for student
housing.
14. The petitioner is a fixed income retiree who cannot afford to change the structure to remove two (2)
dwelling units,if the special permit conditions from the 1984 and 1985 decisions are not amended.
15. The petitioner is requesting to keep the four (4) existing dwelling units without the special condition
restrictions to require owner occupancy. The petitioner states that all four (4) existing units meet all
building code requirements, there is adequate parking, utilities are adequate, the neighborhood
character is maintained and the proposal meets a community housing demand for one and two
bedroom units. The requested modifications of the decisions are in conformance with the Special
Permit requirements.
16. This current use has been maintained for 34 years and fits with character of the neighborhood.
17. The Board chair stated that the petitioner is requesting an amendment for the removal of special _
conditions associated with a Special Permit request.To not set a precedent, the current Board does
not always remove special conditions.
18. There was one (1) other case in the Point Neighborhood whereby the ZBA removed this kind of
special condition due to undue hardship on the applicant who was unable to sell a property.
19. Tom St. Pierre,Building Inspector, stated that the Board has a history of previously granting the
removal of this kind of these kinds of special conditions.
20. At the time, the Board would not have granted the special permit if these special conditions were not
associated with the decision. If the petitioner would have applied to the Board for this request today,
it would require a use Variance, which is not a mechanism that is currently allowed in the City of
Salem.
City of Salem Board of Appeals
6/28/2017
Project: 19 Dearborn Street
Page 3 of 3
21. The Board states that there has been a significant amount of time that has passed since the special
permits have been granted.
22. The petitioners are currently in compliance with the special conditions of the existing special permits.
23. At the public hearing, a petition in support was submitted with twelve (12) members of the public in
favor and no (0) members of the public spoke in opposition to the amended decision.
On the basis of the above statements of facts and findings,the Salem Board of Appeals voted five (5) in favor
(Rebecca Curran (Chair), Peter A. Copelas (Vice-Chair), Tom Watkins, Jimmy Tsitsinos, Mike Duffy) and
none opposed to remove the conditions that the units be owner occupied. Specifically, the Board voted to
approve the requested amendment to existing Decisions dated July 2, 1984 and November 27, 1985 to
remove a condition that the premises remain owner occupied, if the property ceases to be owner occupied it
will revert to a two-family dwelling to amend an existing decision dated November 27, 1985 to remove a
condition that the fourth unit shall be occupied by blood'relatives only, subject to the following terms,
conditions and safeguards:
Conditions:
1. Special condition #1 of the July 27, 1984 Decision shall be removed.
2. Special condition #2 of the November 27, 1985 Decision shall be removed.
3. All other conditions of the above referenced Decisions shall remain in effect.
Rebecca Curran, Chau
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 Law1 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.
53-179/113 ay
GAIL M. RUSSELL 1063
;. 19R DEARBORN ST
SALEM MA 01970-2,449 + `5
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*FEDERAL RESERVE BOARD.OF GOVERNORS REG.CC
City of Salem Department of Planning &
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CHECK RECEIPT AND TRACKING FORM n`
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�aAr STAFF
CLIENT: RECEIVED ECEIVED
PROPERTY ADDRESS:
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DEPT. OF PLANNING &
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CONTACT NUMBER:
PURPOSE FOR
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CHECK #
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CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
��oo\ PETITION FORM
CITY OF SALEM,MASSACHUSETTS
5:
BOARD OF APPEALS
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�+ t 120 WASHINGTON STREET,3RD FLOG r— `
; SALEM,MASSACHUSETTS 01970 - 0 V'
,QAC ° _ +wa
Thomas St Pierre,Director of Inspectional Services
Phone:978-619-5641 /Fax:978-740-9846 APR 24 2017
KIMBERLEY DRISCOLL Erin Schaeffer,Staff Planner DEPT OF PL
AN
MAYOR Phone:978-619-5685/ Fax:978-740-04@}pMMUNITy DEVELO MENT
TO THE BOARD OF APPEALS:
The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: s
Address: 19 Dearborn Street Zoning District: R-2
An application is being submitted to the Board of Appeal for the following reason(s): This statement must
describe what you propose to build,the dimensions,the zone property is in,and the zoning requirements.(Example:
I am proposing to construct a 10'x 10'one story addition to my home localed a13 Salem Lane, in the R-2 Zoning
District. The Zoning Ordinance requires the minimum depth of the rear yard to be 30feet. The current depth ofmy
rear yard is 32 feet;the proposed addition would reduce the depth of the rear yard to 22 feet.)
wish to modify existing Decisions on the Petitions as recorded at the Essex
South District Registry of Deeds at Book 7476, Page 63 and at Book.8019, Page
373. See continuation sheet attached hereto as well as copies of the sait
Decisions. rn
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For this reason I am requesting: nrn
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O Variance(s) from provisions of Section of the Zoning Ordinance,specifically fWAT »"
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(i.e. minimum depth ofrear y&'f).
What is allowed is ((t?sq J?stories? %?), and what I _
am proposing is ((t?sq ft?stories? %?).
Modification of the above referenced
(x)A Special Permit undcISSi=teax is to remove the condition
that the 4th unit only be occupied by a blood relative and that it reverts to a
( )Appeal of the Decision of the Building Inspector(described below):
( )Comprehensive Permit for construction of low or moderate income housing(describe below):
Current Property Use: 4 family home Are Lot Dimensions Included?( )Yes ( )No Why?
(Example:Two Family Home)
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and allow
the project to be constructed as per the plans submitted,as the enforcement of said Zoning By-Laws would involve
practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially
derogating from the intent and purpose of the Zoning Ordinance.
*two family if no longer owner occupied.
CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
PE=ON FORM
The following written statement has been submitted with this application: See attached sheet
O For all Variance requests a written Statement of Hardship demonstrating the following must be attached:
a) Special conditions and circumstances that especially affect the land,building,or structure involved,
generally not affecting other lands,buildings,and structures in the same district;
b) Literal enforcement of the provisions of the Ordinance would involved substantial hardship to the
applicant;and
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. -
( ) For all Special Permit requests a Statement of Grounds must be attached.An application for a special permit for
a nonconforming use or structure shall include a statement demonstrating how the proposed change shall not be
substantially more detrimental than the existing nonconforming use to the neighborhood in accordance with
Section 9.4 Special Permits.Such a statement should include reference to the following criteria:
a) Social,economic,or community needs served by the proposal;
b) Traffic flow and safety,including parking and loading;
c) Adequacy of utilities and other public services;
d) Impacts on the natural environment,including drainage;
e) Neighborhood character;and _
0 Potential fiscal impact,including impact on City tax base and employment.
( ) For all Comprehensive Permits for construction of low or moderate income applicants should refer to M.G.L.
Ch.40B§20-23.
Previous applications to the Board of Appeals involving this property have been submitted with this petition
form. The Building Commissioner can provide documentation ofprevious applications to the petitioner or his
representative.
If different from petitioner:
Petitioner: Gail M. Russell f/k/a Property Owner:
Address: 19 Deaborn Street Address:
978-836-1257
Telephone: Telephone:
Email: suebergl38(amsn om Email: -
Signature Signature:
(Attached consent letter is also acceptable)
Date: Date:
If different frons petitioner:
Representative:
Address:
A TRUE
ATTEST Telephone:
Signature:
Date:
CITY CLERK DATE DPCD DATE
This original application must be filed with the City Clerk.
r
19 Deaborn Street—Continuation Sheet
On July 2, 1984 the Decision on the Petition of Thomas Mazzarini for a Special Permit
for 19 Dearborn Street, Salem (R-2) was recorded at the Registry of Deeds. Said
Decision was put in place due to the fact that we requested the 3'd floor of my home be
converted to an apartment for my mother and father to reside. Said Decision allowed for
same but stated the premises were to remain owner occupied, if the property ceases to be
owner occupied it will revert to a two family dwelling.
On November 21, 1985 the Decision on the Petition for Thomas Mazzarini for a Special
Permit for 19 Dearborn Street, Salem (R-2) was recorded at the Registry of Deeds. Said
Decision was put in place due to the fact that we requested the garage (which already
hade livable space above it)be converted into an apartment for my mother-in-law and
father-in-law. Attached are copies of pictures before construction and what it looks like
today. Said Decision allowed for same but stated the fourth unit to be occupied by blood,
relatives only.
The home has been and is still owner occupied,has been utilized and still is utilized as a
4 family. A new driveway was put in about years ago to accommodate for up to 8 off
street parking spaces.
The four(4)units consist of 2 one bedroom units, 1 two bedroom apartment and 1 three
bedroom apartment. This is an extremely large house and under present living and
occupancy patterns locally it would not make economic sense for it to revert to a 2
family. It would be extremely difficult to rent with one unit having 5 bedrooms and the
other one having 6 bedrooms. Economically it would make sense to rent to students
which would not be in keeping with the characteristics of the neighborhood.
�T ab 7476.fza 063
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CITY C....Ri:S OFF ICF
PAi;pION ON THE PETITION OF TBOMBS MAZZARINI FOR A SPECIAL
PER141T FOR 19 DEARBORN ST., SALEM (R-2)
A hearing,an this petition was held on June 20, 1984 with the following Board
Members present: James Backer, Chairman; Messrs., Gauthier, Luzinskl, Strout and
Associate Member Beneel. Notice of the hearing was sent to abuttera and others
and notices of the hearing were properly published In the Salem Evening News in
accordance with Mvaachuaetts General Laws Chapter 40A.
Petitioner Is requesting a Special Permit convert an exiating two family dwelling
Into a three family dwelling in this R-2 district.
The provision of the Salem Zoning Ordinance which Ie applicable to this request
for a Special Permit is Section V 8 10, which provides as follows,
Notwithstanding anything to the contrary appearing in this v
Ordinance, the Board of Appeal may, in accordance with the J
procedure and conditions set forth In Section VIII F one I% D, D
grant Special Permits for alterations and reconstruction of —_
nonconforming structures, and for changes, enlargement, extension
or expansion of nonconforming lots, land, structures, and uses, w
provided, hwever, 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, sk
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, a
safety, convenience and welfare of the City's inhabitants.
The Board of Appeal, after considering the evidence presented a the hearing,
makes the following findings of fact:
1. There was no neighborhood opposition to petitioner's proposal;
2. There will be on site parking for five (5) vehicles.
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. The proposed we will promote the public health, safety, convenience
and welfare of the cltyvs inhabitants;
2. The proposed use is in harmony with the City's Zoning Ordinance.
Therefore, the Zoning Board of Appealvotedunanimously in favor or granting the
Special Permit to allow the premises to be used as a three family dwelling antler
the following terms and conditions,
.S
Bio%7476 PAu 064
DECISION ON THE PETITION OF TEICMAS MAllARINI FOR
A SPECIAL PERMIT FOR 19 DEARBORN ST., SALES
page.two •• .. .. _..
1. The'premiaes remain ameri otcupled, if the property ca.es Do be owner
.. Occupied it will ro'itirt.to a two family duelli IS;
2r Five,on it, Parking spacca be maintained,
3. , A Certificate of Occupancy be obtalnedl
4. A Certificate of Ccvpliance be obtalnod from the Sales Fire Prevention
Bureau.
SPECIAL PERMIT GRANTED
obnos B.-,acker, EIT ar,
A-COPY OF THIS DECISION NAS BEEN FILET WITH THE PLANNINO BOARD AND THE CITY CLERK
MPEM FROM MIS CONSION.R ANY,SNAIL BE MAD[PBASUANT CO SECTION IF Of ME MASS
C[IIERAL lin Comm M.MID LWl BE FILM MANOR Zl BAYS AFTER ME DATE OF FAIN% ,.
a SHIN DECISION IS ME OFFICE of SHE Cm DAVIS.
PHASMI R,MS.GENERAL IAM.CHAHIpt FOR SECTION LL ME VAREMME OP.,SPECIAL PEAIR
CBANIEO HOCK.SHALL 1131 IME EFFECT ML A DCW Of MEDECISION.SWUNG ME CWT• -
EN'V.N M 1N[CITY OFFS iHM N DATE NAYS ELVS[O ANO NO NPFAL HAS BEEN TILER
Da MAB.IF SUCH AN OEM NN BEEN FAL MAT n NH BEEN DISMISSED OR VARIED IS.
RECORDED IN THE TRUTH ASSW RECISMY OF DIED,ANO INDEED UNDER ME NOE DE ME OWNER
W ROARp OR a REM"m MO NDELD DN THE OWMAI CERTIFICATE OF SOME,
BOARD OE APPEAL
t^N 4 MOW U t OF 1Y 24. 1486 .. ..
<hmeE`3G days hma expired
kL(' enT.sc, r�B red,
Mie been AI d iIhh
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Pourb of Appal
DECISION ON THE PETITION OF THOMAS MAZZARIN: FOR
A SPECIAL PERMIT FOR 19 DEARBORN ST. -
A hearing-on this petition was held October 9, lbgg with the following Board
Members present: James Necker, Chairman; Messrs-, Charnas, Gauthier, Strout and
Associate Member Bencal- Notice of thehearing vas sent to abutters and others
and notices of the hearing were properly published in the Salem Evening News in
accordance with Massachusetts General taws Chapter 40A.
Petitioner is requesting a Special Permit to convert an existing three family
dwelling Into a four family dwelling in this R-2 district.
The provision of the Salem Zoning Ordinance whit 1s applicable to this request
for a•Spectal Permit is Section y B 10, which prcvides as follows: -
Notwithstanding anything to the contrary appearing in this
Ordinance, the Board of Appeal may, In accordance,Vitathe
procedure and conditions set forth is Section!1IlF F Vpd IX D.
grant Special Permits for alterations and re=ojtstrict tun of
nonconforming structures, and for changes, enlVgement;ex-
tension or expansion of nonconforming lots, laV,3, str5�aures,
and uses, provided, however, that such chaagp,- tens lgn, en-
largement or expansion shall trot be substantlarliy morsodetri-
mental than the existing nonconforming use ta `e neigctorhood.
In more general terms, this Board is, when reviewinEESpecla rfermit requests,
guided by the rule that a Special Permit request oay'be granted. upon a ftnding -by the Board that the grant of the Special Permit will promote the public healtr-1
safety, convenience and welfare of the City's inhabitants, o
The Board of Appeal, after hearing the evidence p-esented at the hearing, and
after viewing the plans, makes the following findings of fact: ,O
1. No major opposition; N
0
2. Several neighbors appeared to favor. �
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
a
1. The relief requested can be granted without substantial detriment
to the public goad or without nullifying or substantially derogating tit
from the Intent of the district or the S-tent of the Ordinance; W
I
fieL8019 ani[ 374
DECISION ON THE PETITION OF THOMAS MAllARINI FOR
A SPECIAL PERMIT FOR 19 DEAFBORN ST., SALF21
page two
Therefore, the Zoning Board or Appeal voted unanimously 5-0 to grant the Special -
Permit requested, provided that:
1. Six 16) parking spaces be maintained on premiaes;
2. The fourth unit to be occupied by blood relatives only;
3. A Certificate of Oeupancy be obtained;
- 4. Premises must comply with Mass. General Lay. relative to the
installation of am04e detectors;
5. Work to be in accoriance with plans submitted.
SPECIAL PERMIT GRANTED
O
James B. Nacke'r, Chairman
A COPT OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITT CLERK
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PETITION
We, the undersigned neighbors of the property at 19 Dearborn Street, Salem,
Massachusetts ("Premises"), owned by Gail Russell,support her application to the
Zoning Board of Appeals to modify the existing two (2)special permits by removing the
restriction that the fourth unit be occupied by a blood relative and remove the restriction
that the premises remain owner occupied whereby said restriction states that if the
property ceases to be owner occupied it will revert to a two family dwelling. This
application will involve no change to the exterior or interior of the Premises.
NAME (PLEASE SIGN &PRINT) ADDRESS
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PETITION
We, the undersigned neighbors of the property at 19 Dearborn Street, Salem,
Massachusetts ("Premises"), owned by Gail Russell, support her application to the
Zoning Board of Appeals to modify the existing two (2) special permits by removing the
restriction that the fourth unit be occupied by a blood relative and remove the restriction
that the premises remain owner occupied whereby said restriction states that if the
property ceases to be owner occupied it will revert to a two family dwelling. This
application will involve no change to the exterior or interior of the Premises.
NAME (PLEASE SIGN & PRINT) ADDRESS
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0 140 2800 Printed on 06/19/2017 at 08:58 AM
TitV of *Irm, Aaasar4usetts
pourb of Appvd
MINUTES OF THE BOARD OF APPEAL - OCTOBER 9, 1985
A public hearing of the Salem Board of Appeal was held Wednesday, October 9, 1985
at 7:00 p.m. on the second floor of One Salem Green. Notice of the hearing was
sent to abutters and other interested persons. Notices of the hearing were
duly advertised in the Salem Evening News on September 25, and October 2, 1985.
Members present: Messrs. , Hacker, Charnas, Gauthier,Strout and Associate Member
Bencal
The hearing was called to order at 7:00 p.m. by the Chairman, James Hacker. Mr.
Bencal was appointed a voting member. ,
102 Bayview Ave. - Anna Monica, H & S Group, Vaughn Hennan
Petitioners are requesting a variance to allow parking on the landscaped area
in front of the premises. Property is located in an R-1 district. Mr. Charnas
read the application and a letter from the Fire Department. Mr. Hennan represent,
himself and the other owners of the condominiums. On July 29, 1981 , the Board
of Appeal granted a Special Permit to convert this three family dwelling into
three unit condominium, one of the conditions of this Special Permit was that
no parking be allowed in the area in front of this building. We would like a
( variance from that condition. The front is presently gravel and stone. Parking
�•� is a problem for residents of the building. Speaking in favor: Pat O'Connor,
100 Bayview Ave. , I realize the problem with parking, I have no problem with this
but would like a condition that the gravel area be hottopped and the retaining
wall be reinforced. People park on the gravel now and when cars pull out, the
tires spin and the gravel flies all over. No one appeared in opposition.
Hearing closed. Mr. Hacker: I sat on the Board when this was granted and it
was one of the worse decisions ever made. I drive by this building all the time
and the front has never been maintained the way it was supposed to be. Mr. .
Gauthier: I live in the area and I think if they were allowed to park it would
certainly help the problem. I don't see any problem with granting this. Mr.
Charnas, asked Mr. Hacker to clarify his objection. It seems that if parking was
an issue that if we grant this 'that problem would be alleviated. Mr. Hacker:
the front area was supposed to be landscaped and it was never done and for this
reason I could not vote favorably. Mr. Charnas made a motion to grant the
variance requested on condition the area designated for parking be hottopped,
the retaining wall adjacent to parking lot be reinforced, removal of snow shall
not be placed as to narrow the fire lane in front of the building, parking not
impede access and egress to this building for fire fighting and other emergencies.
Mr. Gauthier seconded. Messrs. , Charnas, Gauthier, Strout and Bencal voted in
favor of the motion, Mr. Hacker voted present.
GRANTED
19 Dearborn St. - Thomas Mazzarini
Petitioner is requesting a Special Permit to convert a three family dwelling
into a four family dwelling in this R-2 district. Mr. Charnas read the appli=
cation and a letter from the Fire Department, no objection. Mr. Mazzarini
represented himself. He explained he wanted the additional unit for his
MINUTES - OCTOBER 9, 1985
page two
19 Dearborn St. - Continued
-' mother and father. They plan on selling there home and he would .like to convert
the garage and deck into a three room apartment for them. On June 20, 1984 the
Board granted a Special Permit to convert to a three family dwelling, this apartmen'
was for my in-laws. I went to the neighbors and they had no problem with this.
Mr. Charnas: would you have a problem with this if it reverted back to a three
family if your mother and father no longer lived there? Mr. Mazzarini: I do have
daughters and they may want to live there at some time. The .Special Permit I have
now is conditioned on it being owner occupied. Speaking in favor: Marie Lessor,
15 Rear Dearborn St. , submitted letter from her friend and landlord, Mary Horton,
15 Dearborn St. , in favor. Mr. Mazzarini, petitioners father, explained he had
problem with stairs and this would be ideal solution. Mark Sutherland, 17 Dearborn
St. , there is ample parking there, see no problem. Speaking in opposition:
Francis Burnham, 26 Dearborn St. , problem is, variances are forever, if it was
conditioned that it would expire when vacated I would have no problem. He submitter
a letter from himself and Phoebe Burnham, stating their opposition. Phoebe
Burnham also spoke in opposition. In Rebuttal: Mr. Mazzarini: I,could have my
long time tenant move, she is 80 years old and has been a good tenant, I would
hate to do that. This is not a rental unit, I plan on living there for a good
long time. I would not be selling my house as a four unit building. Mr. Charnas,
it is laudable that petitioner wants to car for his family, I think it should be
conditioned upon only blood relatives living there, perhaps we could limit it
to five years. Mr. Hacker: he would be making a rather substantial investment in
this, rather that limit the time, I would like to limit it to direct relatives.
Mr. Hacker asked Mr. Burnham if there had been any problems there. Mr. Burnham:
not at all. Mr. Charnas: I am concerned about it remaining a four family. Mr.
Hacker: if he should sell it, or not rent to family members, I am sure we would
hear about it. Mr. Gauthier: I have no problem if we keep within family members.
Mr. Gauthier made a motion to grant special permit requested on condition the
fourth unit only be occupied by blood relatives, work be according to plans on
file, a certificate of occupancy be obtained, be in compliance with MGL relative
to smoke detectors. Mr. Charnas seconded.
UNANIMOUSLY GRANTED
f
21 Fairmount St. - John & Sarah Hayes
Petitioners are requesting Variances from all applicable density and setback
requirements to allow construction of a carriage house on an existing foundation
and a variance from lot size in order to. convert a single family home to a two
family home in this R-2 district. Mr. Charnas read the application and a letter
from the Fire Department stating the dwelling was not in compliance with regulations
pertaining to installation of smoke detectors. Mr. Hayes represent himself. He
explained in 1984 he was granted variances to combine lots 1 & 2, but this was
never done. We own the property at 16 Nursery St. which abuts this property. We
purchased the property from the Estate of R. Perley and have substantially rehab-
ilitated it. Were thinking of converting to a two family but will not, will be
a single family and we shall live there. We do not intend to convert to a two
family and the carriage house will not be a dwelling unit. There will be under-
ground electrical. The carriage house will be a garage with a loft. I have been
to the fire department and got one permit, did not realize we needed another permit.
We will certainly comply with the Fire Dept. and all other departments. Mr.
d� Charnas: you are requesting a variance, what is your hardship? Mr. Hayes: the
foundation is existing and I need a garage, would like to store boat, cars, etc.
Would like to clean up my yard, it is a full foundation. There was another
I /
MINUTES - JUNE 20, 1984
page four
10-102 Hancock St. - Continued
' Mr. Ouellette, I did speak with neighbors and I told them I would not rent to
anyone with more than one car, would not mind having this as a restriction. Mr.
Strout, this would be owner occupied. Mr. Ouellette, for the time being, would not
like to feel we have to stay there. Mr. Gauthier, we could put restriction that
this would revert back to four family if they stopped living there. Mr. Ouellette,
cannot afford this without extra family. Mr. Hacker, does not think the Board can
restrict the tenants to only one car. Mr. Luzinski, this will be detrimental to
the neighborhood. Mr. Luzinski made a motion to grant the petition for a Special
Permit to allow conversion to a five family dwelling as requested. Mr. Gauthier:
made a-motion"to.-amend the Mr. Luzinski's motion by adding the conditions, it
remain owner occupied, parking be limited at all times to six cars. There was no
seconded on the amendment. Mr. Bencal seconded Mr. Luzinski original motion to
grant as requested. Voting against the motion were Messrs. , Hacker, Luzinski,
Strout and Bencal. Mr. Gauthier voted in favor. PETITION DENIED
19 Dearborn St. - Thomas Mazzarini
Petitioner is requesting a Special Permit to convert an existing two family dwelling
into a three family dwelling in this R-2 district. Mr. Bencal read the application,
a letter from the Fire Dept. , stating they had no Certificate of Compliance regardin;
smoke detectors. He also read a letter from Deborah Day Tierney, 33 & 35 Walter St.
stating she had no objections to the petition. Mr. Mazzarini represented himself,
he explained he wanted this Special PErmit so his in-laws can live there, he sub-
mitted a letter from John Moustakis, 23 Dearborn st. , stating he had no objections.
fl Mr. Mazzarini said he will comply with the Fire requirements, there is ample parking
Speaking in favor: Mark Southerland, 17 Dearborn St. , Councillor George McCabe,
have received no opposition to this. Mary Horton, 15 Dearborn St. , the Mazzarinis
are good neighbors, plenty of room for them to park. No one appeared in opposition.
Mr. Gauthier made a motion to grant the Special Permit to allow conversion to a
three family dwelling on condition it remain owner occupied, five on site-parking
spaces be maintained, a Certificate of Occupancy be obtained, a certificate of
compliance be obtained from the Fire dept. , and plans be approved by the Building
Inspector. Mr. Strout seconded. UNANIMOUSLY GRANTED
22 Proctor St. - Nicholas Milona, Michola Milona and Anastasia Tzimas' '
Petitioners are requesting a Special Permit to convert an existing two family
into a three family in this R-2 district. Mr. Bencal read the application and a
letter from the Fire Dept. Attorney George Vallis, represented the petitioners.
This property was purchased in April 1984, there will be interior and exterior
renovations. This is owned by father and son, and Mrs. Tzimas, a relative. It is
owner occupied. Have no objections to this being restricted to owner occupied.
There is plenty of room for parking. They have done quite a bit of work already,
was in disrepair till my clients purchased it. No one appeared in favor or in
opposition. Mr. Strout made a motion to grant the petition for a Special Permit
to convert to a three family dwelling on condition it remain owner occupied, five
on site parking spaces be maintained, a .certificate of Occupancy be obtained as
well as complying will all fire regulations. Mr. Luzinski seconded.
UNANIMOUSLY GRANTED
PETITION
We, the undersigned neighbors of the property at 19 Dearborn Street, Salem,
Massachusetts ("Premises"), owned by Gail Russell, support her application to the
Zoning Board of Appeals to modify the existing two(2) special permits by removing the
restriction that the fourth unit be occupied by a blood relative and remove the restriction
that the premises remain owner occupied whereby said restriction states that if the
property ceases to be owner occupied it will revert to a two family dwelling. This
application will involve no change to the exterior or interior of the Premises.
NAME LEASE SIGN & PRINT) ADDRESS
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PETITION
We, the undersigned neighbors of the property at 19 Dearborn Street, Salem,
Massachusetts ("Premises"), owned by Gail Russell, support her application to the
Zoning Board of Appeals to modify the existing two (2) special permits by removing the
restriction that the fourth unit be occupied by a blood relative and remove the restriction
that the premises remain owner occupied whereby said restriction states that if the
property ceases to be owner occupied it will revert to a two family dwelling. This
application will involve no change to the exterior or interior of the Premises.
NAME (PLEASE SIGN & PRINT) ADDRESS
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140 280 ft Printed on 06119/2017 at 08:58 AM
CITY OF SALEM
ASSESSOR'S CERTIFICATION OF ABUTTERS AND
"PARTIES IN INTEREST"
BOARD/COMMISSION: Board of Appeals
PROJECT SITE 19 Dearborn St {27-0365-0)
DATE: 04/24/2017
DESCRIPTION OF REQUIREMENT: Parties in Interest:
The applicant
Abutters
Owners of land opposite any street or way
Abutters and abutters to abutters within
300 feet
Planning boards of abutting cities and
towns
This is to certify that the time of the last assessment for taxation made by the City of
Salem, the names and addresses of those listed on the attached sheets are "parties in
interest" (as defined by Massachusetts General Law Chapter 40A, Section 11) to the
parcel(s) of land listed above as the project site.
Assessor's Signature:
Date: Nk-7 ( Number of initialed pages attached: _
Once Certified, Return to: Erin Schaeffer
Department of Planning and Community Development
r .r. 6 P ita sue.
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Parcel ID 27-0365-0 Parcel ID:27-0256-0 Parcel ID: 27-0257-0
NINETEEN DEARBORN ST RTY CONDON MICHAELJ WOOD PETER
BERGERON SUZANNE E TR CONDON DONNA M WOOD REBECCA i
19 DEARBORN ST 7 DEARBORN ST 9 DEARBORN ST
SALEM,MA 01970 SALEM, MA 01970 SALEM,MA 01970
Parcel ID.27-0256-0 Parcel ID:27-0259-0 Parcel ID: 27-0260-0
ROTOLO STEVEN M CULIPHER JAMES M RADUE DAVID A
ROTOLO SHEILAGH M CULIPHER BLANCHE A RADUE OLIVIA C
25 UPHAM STREET 27 UPHAM ST 29 UPHAM STREET
SALEM,MA 01970 SALEM, MA 01970 SALEM,MA 01970
Parcel ID: 27-0261-0 Parcel ID:27-0263.0 Parcel ID:27-0264-0
MULLEN COURTNEY TOOMEY WILLIAM E PHU DINH VI
MULLEN KATIE TOOMEY MARIA M 33 UPHAM STREET
29 UPHAM ST REAR 31 UPHAM STREET SALEM,MA 01970
SALEM, MA 01970 SALEM, MA 01970
Parcel ID: 27-0291-0 Parcel ID:27-0292-0 Parcel ID:27-0293-0
LOUF PETER LITWIN EDWARD U GROCKI MAUREEN P
CHRISTINE LITWIN DOROTHY R 19 UPHAM ST
15 UPHAM ST 17 UPHAM ST SALEM,MA 01970
SALEM, MA 01970 SALEM, MA 01970
Parcel ID 27-02940 Parcel ID:27-0295-0 Parcel ID:27-0320-0
VONTZALIDES JAMES LEFLEUR SHIRLEY E LARRABEE CAROL J/DONALD
VONTZALIDES LAURIE A C/O SANDRA LEFLEUR STEVER CORALEE/STEVER
14 HUSSEY AVENUE 8 DEARBORN ST 15 HARRIS STREET
DANVERS,MA 01923 SALEM, MA 01970 SALEM,MA 01970
Parcel ID 27-0321-0 Parcel ID:27-0322-0 Parcel ID: 27-0323-0
NADIA PRESCOTT LIVING 25 WALTER STREET TRUST 20 DEARBORN STREET TRUST
PRESCOTT NADIA TR PEIRCE HERBERT R. PEIRCE GRACE V/MAREAN
23 WALTER STREET 20 DEARBORN STREET 20 DEARBORN STREET
SALEM,MA 01970 SALEM, MA 01970 SALEM,MA 01970
Parcel ID. 27-0324-0 Parcel ID:27 325-0 Parcel ID: 27-0325-801 _
FRITZ JOHN FJFRITZ CHAR DONALD T 14 DEARBORN STREET RLTY
MORIN LINDA M ANN SILVA RICHARD J TR
16 DEARBORN ST 14 DE BORN ST 14 DEARBORN STREET U1
SALEM, MA 01970 SA MA 01970 SALEM,MA 01970
Parcel ID. 27-0325-802 Parcel ID:27-0 0 Parcel ID:27-0326-801 "
JAGOLTA RICHARD W CASEY TOPHER T BOONE JAMES R
41 CHESTNUT STREET 12 D ORN STREET BOONE NANCY DARCY
SALEM, MA 01970 SA MA 01970 12 DEARBORN STREET U1
SALEM,MA 01970
Parcel ID: 27-0326-602 Parcel ID:27-0326-803 Parcel ID:27-0326-804
LEACH VICTORIA M FONSECA KIMBERLY R KENT MEGAN E
12 DEARBORN STREET U2 12 DEARBORN STREET U3 12 1/2 DERABORN STREET U4
SALEM,MA 01970 SALEM, MAO 1970 SALEM,MA 01970
Parcel ID:27-0326-805 Parcel ID:27-0326.806 Parcel ID: 27-0327-0
W40 emt1gG SCI GAGNEANDREA CHENEY DONNA
HE-X+k-- 165 WILSON ROAD 18 UPHAM ST
�-1 AA E NAHANT,MA 01908 SALEM,MA 01970
�G%e.Wf/'r..'.i�4NErorrXq"P1970p��.«7
aS
� r D/977
Parcel ID: 27-0328-0 Parcel ID:27-0329.0 Parcel ID:27-0339-0
KOWALSKI JIMMY L CULLIM ORE FREDERICK B CHRISTOPHER THEODORE P
KATHLEEN M 10 UPHAM ST CHRISTOPHER PETER T
14 UPHAM ST SALEM, MA 01970 15 COLLEGE POND DRIVE
SALEM, MA 01970 DANVERS, MA 01923
Parcel ID 27-0340-0 Parcel ID:27-0343-0 Parcel ID: 27-03440
MANGIONE DAVID LYNESS MARY B CASINELLI SANDRA I
GALM KERRIE G 33 WALTER ST 35 WALTER ST
12 HARRIS STREET SALEM, MA 01970 SALEM, MA 01970
SALEM,MA 01970
Parcel ID:27-0345-0 Parcel ID:27-0 Parcel ID: 27-0346-801
EL-SHERIF JENNIFER CASALE SA A PONTE DENNIS R JR
37 WALTER STREET PITMAN ISTOPHER MORGAN REBECCA M ,
SALEM,MA 01970 39 W R STREET 39 WALTER STREET UNIT 1
SA , MA 01970 SALEM,MA 01970
Parcel ID: 27-0346-802 Parcel ID:27-0347-0 Parcel 1D.27-0364-0
RINGER GORDON J JR WHITTEN PATRICIA A LUNN PRISCILLA C
RINGER MERRITT M 41 WALTER ST 38 UPHAM ST e
39 WALTER STREET U2 SALEM, MA 01970 SALEM,MA 01970
SALEM, MA 01970
Parcel ID: 27-0355-0 Parcel ID:27.0366-0 Parcel ID: 27-0357-0
36 UPHAM STREET NOMINEE 34 UPHAM ST NOMINEE MASSE MICHAEL R
LOCKE BYRON H LOCKE BYRON H 32 UPHAM ST
34 UPHAM ST 34 UPHAM ST SALEM,MA 01970
SALEM, MA 01970 SALEM, MA 01970
Parcel ID: 27-0358-0 Parcel ID:27-0359-0 Parcel ID: 27-0360-801
MULLENMEISTER SUSAN M FOLEY PATRICK D DUBREUILROBERTT
30 112 UPHAM ST FOLEY DEBORAH A DUBREUIL LISA J
SALEM, MA 01970 30 UPHAM STREET 28 UPHAM STREET U1
SALEM, MA 01970 SALEM,MA 01970
Parcel ID:27-0360-802 Parcel ID:27-0361-0 Parcel ID:27-0362-0
HENNING EDWARD F JR COTTER KATHERINE C BOUDREAU ROBERT
HENNING JULIA L COTTER CHAD 11 DEARBORN ST
28 UPHAM STREET U2 26 UPHAM STREET SALEM,MA 01970
SALEM, MA 01970 SALEM, MA 01970
Parcel ID: 27-0363-0 Parcel ID:27-03640 Parcel ID: 27-0385-0
ANDRADE FAMILY REALTY TAYLOR JENNIFER ANN KAC 40 WALTER ST NOM.
ANDRADE ELIZABETH H TR TAYLOR DWAYNEA CLAFFEY KATHLEEN A TR
15 DEARBORN STREET 17 DEARBORN ST 40 WALTER STREET
SALEM,MA 01970 SALEM, MA 01970 SALEM,MA 01970
r
Parcel ID 27-0386-0 Parcel ID:27-0387-801 Parcel ID: 27-0387-802
SIROIS DAVID EWING WILLIAM BALFE DENISE
HAJER RUTH MCDONALD KATHLEEN 34 WALTER STREET UNIT 2F
38 WALTER STREET 34 WALTER STREET UNIT 1 SALEM,MA 01970
SALEM, MA 01970 SALEM, MAO 1970
Parcel ID. 27-0387.803,/ !!/� Parcel ID:27-0388-0 Parcel ID: 27-0389-0
etAtimo STEMJ✓�x a f3ac�t� 32 WALTER STREET TRUST L&H RLTY TR
34 WALTER STREET UN IT 2R Y/ MALIONECK LEY EN DECKER ALBERTA
SALEM, MA 01970 32 WALTER ST 30 WALTER ST
SALEM, MA 01970 SALEM,MA 01970
Parcel ID 27-0390-0 Parcel ID:27-0391-0 Parcel ID: 27-0392-0
MOUSTAKIS JOHN C DYNIA CHRISTOPHER M SALAS LAWRENCE D
23 DEARBORN ST DYNIA KRISTEN D SALAS KATHLEEN C
SALEM,MA 01970 25 DEARBORN STREET 27 DEARBORN ST
SALEM, MA 01970 SALEM,MA 01970 ;
Parcel ID 27-0393.801 Parcel ID:27-0393$02 Parcel ID: 27-0394-0
STUDLEY OLIVIA C JOY PATRICK J BELLOFATTO SALVATORE V
29 DEARBORN STREET U 1 SMETANAJESSICAA BELLOFATTOGIULIA
SALEM,MA 01970 29 DEARBORN ST U2 29112 DEARBORN ST
SALEM, MA 01970 SALEM,MA 01970
Parcel ID 27-0395-0 Parcel ID:27-0400-0 Parcel ID: 27-0401-0
WOODS JEAN L MCINTIRE CHRISTINE M CURTIN EDWARD A
MORRISSEY JOHN HENRY CAMPBELL ERIC C CAROL E
31 DEARBORN ST 6 ORCHARD TERRACE 10 ORCHARD TERRACE
SALEM,MA 01970 SALEM, MA 01970 SALEM,MA 01970
Parcel ID 27-0402-0 / Parcel ID:27-0403-0 Parcel 10:Z7-04111-0
DA6H-Bebt6b43„C - NUNEZ JUDITH S JACKSON JAMES
�PATRICIA7C �I/fnef'Y""" 5 ORCHARD TERRACE GALLI-JACKSON CYNTHIA
7 ORCHARD TERRACE SALEM, MA 01970 19 MANNING ST
SALEM,MA 01970 SALEM,MA 01970
Parcel ID: 27-041 -0 Parcel ID:27-0413-0 Q Parcel ID: 27-0414-0
U,NRi W44ff X82- f0rRBY-ELEEN-- ARNOW ALEXANDER M
21 MANNING STREET 100 GRAN D AVEN UE#1209
SALEM,MA 01970 28 WALTER STREET OAKLAND,CA 94612
SALEM, MA 01970 \/
Parcel ID 27-0415-0 Parcel ID:27-0416-0 Parcel ID: 27-0419-0
PHOEBE L BURNHAM TRUST FREITAS ANN J MADDEN MICHAEL
BURNHAM PHOEBE TR 5 SOUTHWICK ST MADDEN SARA
26 DEARBORN ST SALEM, MA 01970 231 HIGHLAND STREET
SALEM,MA 01970 HAMILTON, MA 01982
Parcel ID: 27-0420-0 Parcel ID:27-0421-0 Parcel ID: 27-0422-0 ,
PHOEBE L BURNHAM TRUST FRITZ ANTHONY LEITAO LUISA M
BURNHAM PHOEBE L TR FRITZ JESSICA 22 DEARBORN STREET
26 DEARBORN STREET 24 DEARBORN STREET SALEM,MA 01970
SALEM,MA 01970 SALEM, MA 01970
Parcel ID: 27-0423-0
BECKHUSEN FRANK
BECKHUSEN CYNTHIA M
22 WALTER STREET
SALEM, MA 01970
r
Alison Lee Ottavieno Nin B ff
Nina a e Magan Shamlauch
12.5 Dearborn St US 34 Walter Street Unit 2r 7 Orchard Terrace
Salem, MA 01970 Salem, MA.01970 Salem MA 01970
a
Curt Savoie Robert Carter Jr.
28 Walter Street 21 Manning Street
Salem MA 01970 Salem MA 01970 `
s
e
���ONUIT
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970
KIMBERLEY DRIscoLL TELE:978-745-9595 ♦ FAx:978-740-9846
MAYOR
Notice of Decision
At a meeting of the City of Salem Zoning Board of Appeals held on Wednesday,June 21,2017 at 6:30 p.m. at
120 Washington St., Salem, MA, the Zoning Board of Appeals voted on the following item:
A public hearing for all persons interested in the petition of GAIL M. RUSSELL f/k/a. GAIL M.
MAZZARINI seeking an amendment to existing Decisions dated July 2, 1984 and November 27, 1985 to
remove a condition that the premises remain owner occupied, if the property ceases to be owner occupied it
will revert to a two-family dwelling at the property located at 19 DEARBORN STREET (Map 27 Lot 365)(8-
2 Zoning District)
Decision: APPROVED
Filed with the City Clerk on June 28,2017
This notice is being sent in compliance with the Massachusetts General Laws, Chapter 40A, Sections 9 & 15 and does not
require action by the recipient.Appeals, if any, shall be made pursuant to Chapter 40A, Section 17, and shall be filed within
20 days from the date which the decision was filed with the City Clerk.