27-29 ENDICOTT STREET - ZBA y �
Legal NGtice i
CfTY OF SALEM i
i BOARD OF APPEAL '
745-9595,Ext 301
will hold a public hearing for all per-
sons interested in the petition submit-
ted by JAMES WERSACKAS request-I
Y ing Variance from lot size,lot coverage,
front&rear setbacks to allow demoli-..
tion of existing garaged construct]
I a 2 family duplex for the property 11
-s located at 27.29 Endicott Street R-2.
Said hearing will.be held on Wednes•'
n- day,November 16,2005,at 6:30 p.m.,
of 120 Washington Street, 3rd floor,
Ig Room 313.
In Nina Cohen,Chairman
in( 11/2,9)
CITY OF SALEM9 MASSACHUSETOM( OF SALE ,MA
5 BOARD OF APPEAL CLERK
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 ,ZOOS MAY i 9 P 3* Ob
MAYOR FAX: 978-740-9846
DECISION OF THE PETITION OF WAYNE GAUDREAU REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 27-29 ENDICOTT STREET R-2
A hearing on this petition was held May 18, 2005 meeting with the following Board
Members were present: Nina Cohen Chairman, Edward Moriarty, Nicholas Halides,
Steven Pinto and Richard Dionne. 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.
At the request of the Petitioner, the Salem Board of Appeal voted 5-0, to grant leave to
withdraw this petition without prejudice requesting a Variance from tot size, lot coverage,
front & rear setbacks to allow demolition of existing garage to construct a 2 family
dwelling for the property located at 27-29 Endicott Street located in an R-2 zone.
GRANTED LEAVE TO WITHDRAW
WITHOUT PREJUDICE
May 18, 2005
Nina Cohen, Chairmar(s"
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
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COUNCILLORS-AT-LARGE MICHAEL BENCAL WARD COUNCILLORS
PRESIDENT
2005 2005
THOMAS H. FUREY CHERYL A. LAPOINTE LUCY CORCHADO
KEVIN R. HARVEY CITY CLERK MICHAEL SOSNOWSKI
JOAN B. LOVELY JEAN M. PELLETIER
ARTHUR C. SARGENT III LEONARD F. O'LEARY
MATTHEW A.VENO
MICHAELBENCAL
JOSEPH A. O'KEEFE, SR.
November 16, 2005
Ms. Nina Cohen, Chairperson
& Board of Appeals Members
City of Salem
Salem, MA 01970
Dear Madam & Sirs:
I would like to go on record as approving the proposed petition for a two
family house on 27 & 29 Endicott Street. As you know the current building is an
eyesore this would much improve the neighborhood. As always my only concern
is that there be adequate parking. I have spoken to some of the neighbors there
and they are also in favor of this project.
Sincerely,
tp"K�
JEAN M. PELLETIER
COUNCILLOR WARD 3
SALEM CITY HALL • 93 WASHINGTON STREET • SALEM, MA 01970-3592 • WWW.SALEMCOUNCIL.COM
i o
CITY OF SALEM, MASSACHUSETTS EM u
a s CI V'/ OF SALEM, I IQ
BOARD OF APPEAL CLERK'S OFFICE
,p, 120 WASHINGTON STREET, 3RD FLOOR
'^Ga0 SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595
MAYOR FAX: 978-740-9846 N05 NOV 23 A 9: 35
DECISION ON THE PETITION OF JAMES WERSACKAS REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 27-29 ENDICOTT STREET R-2
A hearing on this petition was held on November 16,2005 with the following Board
Members present;Richard Dionne,Nicholas Helides,Nina Cohen, Edward Moriarty and
Robin Stein. 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.
The petitioner is requesting Variances from lot size, lot coverage, front& rear setbacks
and number of stories to demolish existing garage and construct a 2 family duplex for the
property located at 27-29 Endicott Street in an R-2 zone.
The Variances, which have been requested, may be granted upon a finding by this 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 and structures involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise,to the petitioners.
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 of
the purpose of the Ordinance.
The Board of Appeal,after careful consideration of the evidence presented at the hearing,
and after viewing the plane,makes the following findings of fact:
1. Petitioner James Wersackas presented the petition.
2. Petition is for the removal of the existing garage structure and construction of 2
attached dwelling units as per plans submitted.
3. Discussion was held concerning parking. The plans submitted identified only two
garage parking spaces. Additional open space is available on both side yards. The
petitioner stated that he intended to landscape so that the side yards could be used
for additional parking during snow bans.
4. Neighbor Robert Femino who lives across the street on Endicott Street spoke of
traffic and parking issued and stated that he is in favor of the petition.
DECISION OF THE PETITION OF JAMES WERSACKES REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 27-29 ENDICOTT STREET
Me two
5. John Femino of 9 Margin Street, spoke in favor of the petition,however he
suggested that the design be changed so that the garages were together in the
center of the structure so as to create a larger driveway for easier access.
6. The petitioner agreed that the design change would be beneficial.
7. Discussion was held regarding the need fro relief from parking requirements
of 1.5 spaces per unit. Petitioner agreed that 4 spaces would be beneficial.
On the basis of the above findings of fact,and on,the evidence presented the Board
of Appeals finds as follows;
1. Special conditions exist when especially affect the subject property but not he
District.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
3. Desirable relief 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.
Therefore,the Zoning Board of Appeal voted 5 in favor and 0 in opposition to grant the
Variances requested, subject to the following conditions:
1. Petitioner shall comply with all city and state stature, ordinance, codes and
regulations.
2. Petitioner shall obtain approval from any City Board or Commission having
jurisdiction,including but not limited to the Planning Board.
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 proper street numbering and display said number as to be
visible from the street.
7. Petition shall obtain approval from any City Board or Commission having
jurisdiction,including but not limited to the Planning Board.
8. Petitioner shall apply for curb cuts and shall design site in order to provide
and maintain at least 4 off street parking spaces.
VARIANCE GRANTED
NOVEMBER 16, 2005
Nicholas Helides S'eiYt�
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 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 certificate of the City Clerk that 20 days
have elapsed and no appeal has been filed,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 of record or is recorded and noted on the owner's
Certificate of Title.
Board of Appeal