43 DOW STREET - ZBA (2) y��, �.
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's Legal Notice I
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o CITY OF SALEM �
I- BOARD OF APPEAL -0
7459595,EXT.381 1
1 Will hold a public hearing for all
Ilr persons interested in the petition sub-
mitted by Angela Biraldo requesting
a Special Permit to extend a non-
conforming building by conversion
Of first floor porch to a car port for
the purpose of off-street parking for
l 1 vehicle and Variance from the two
(2)foot off-street parking setback to
allow a paved area setback of 1.7
feet for the property at 43 Dow Street
R-3. Said hearing to be held Wednes- j
l day,April 25,2001 at 6:30 P.M.,One
li Salem Green,2nd Floor.
Nina Cohen,Chairman
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COP of 6alem, 01ag.5arbuattg
• CITY OF SALEM. MA
�oara of gppeaf CLERK'S OFFICE
1001 MAY -3 P 2 44
DECISION OF THE PETITION OF ANGELA HIRALDO REQUESTING A VARIANCE
AND SPECIAL PERMIT FOR THE PROPERTY LOCATED 43 DOW STREET R-3
A hearing on this petition was held April 25, 2001 with the following Board Members
present: Nina Cohen, Richard Dionne, Stephen Buczko, Stephen Harris and James
Hacker. 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 requests a Special Permit to extend nonconforming building and a Variance
from off street parking setback for the property located at 43 Dow Street located in a R-
3.
The provisions the Salem Zoning Ordinance which is applicable to the request for a
Special Permit is section 5-3 Q), 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, 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 requests, guided by
the rules 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 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.
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
of the Ordinance.
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DECISION OF THE PETITION OF THE ANGELA HIRALDO REQUESTING A
VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 43 DOW
STREET R-3
page two
The Board of Appeal, after careful consideration of the evidence presented, and after
viewing the plans, makes the following findings of fact:
1. Attorney George Atkins, from the firm of Ronan, Segal & Harrington represented the
petition.
2. Petitioner is the owner of a two-story house that is nonconforming as to dimensional
requirements.
3. At issue in the petition is a narrow paved area at the rear of the structure that is
partially covered by a wooden porch. Petitioner wishes to remove the porch to
construct a carport to enable her to obtain off street parking for her vehicle on the
site. To do this she will require a special permit to expand the existing
nonconforming structure, and a variance to extend the paved driveway to within 1.7
ft. of the lot line.
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4. Speaking in support of the petition, on the grounds that it would help alleviate difficult
parking conditions in the neighborhood were Nestor Grullon of 14 Porter Street and
Don Michaud of 224 Derby Street.
5. In opposition was Jeannette Gagnon, 23 Park Street, who stated that the proposed
driveway would create a nuisance because it was too close to her building.
On the basis of the above findings of fact, and on the evidence presented at the
hearings the Zoning Board of Appeal concludes as follows:
1. Special conditions 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. 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
4. 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 unanimously, 5-0,to grant the relief
requested, subject to the following conditions;
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
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DECISION OF THE PETITION OF ANGELA HIRALDO REQUESTING A SPECIAL
PERMIT AND VARIANCE FOR THE PROPERTY LOCATED AT 43 DOW STREET
R-3
page three
2. All construction shall be done as per the plans and dimensions submitted and
approved by the Building Inspector.
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 is to be obtained.
6. Petitioner is to construct and maintain fence.
Special Permit &Variance Granted
April 25, 2001
6t, csc,—�
Nina Cohen, Chairman
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 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 of the owner of record or is recorded and noted
on the owner's Certificate of Title.
Board of Appeal