28 ESSEX STREET - ZBA ��z
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'j Cf1Y OF SALEM
i BOARD OF APPEAL
.i Will hold a public hearing for all
persons interested in the petition sub-
miffed by JOHN SWENSECK seeking
a Special Permit per Section 8-0 to
allow the reconstruction of the
home for the property located at 28
ESSEX ST R2. Said hearing will be
held on WEDNESDAY,MARCH 21,
2007,6:30 p.m.,3rd floor, 120 Wash-
ington Street;Room 313.
.Nina Cohen
Chairman
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oNOIrA CITY OF SALEM9 MASSACHUSETTS
BOARD OF APPEAL OFFICE
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
�r TELEPHONE: 978-745-9595
FAX 978-740-9846 ZGUI Nrt� -3 A II. 26
KIMBERLEV DRISCOLL
MAYOR
March 29, 2007
Decision
Petition of John Swenbeck requesting a Special Permit
for the property at 28 Essex Street
City of Salem Zoning Board of Appeals
A public hearing on the above petition was opened on March 21, 2007 pursuant to
Massachusetts General Law Ch. 40A, Sec. 11. The following Zoning Board members
were present: Nina Cohen, Richard Dionne, Annie Harris, Elizabeth Debski and Robin
Stein.
The petitioner, John Swenbeck sought a Special Permit to allow for the reconstruction of
the residence located at 28 Essex Street, Salem, in the Two-Family Residential (R-2)
zoning district.
The Board of Appeals, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the Petition submitted, makes the following
findings of fact:
1. Petitioner's property is in the Two-Family Residential (R-2) district and is a
pre-existing, non-conforming structure in a residential neighborhood.
2. The petitioner was requesting a Special Permit under Section 8-4 to allow for
the reconstruction of more than 50% of the interior structure and/or value of
the original structure to allow for a remodel of the existing, two(2) unit non-
conforming structure.
3. The petitioner stated that one of the units would be owner-occupied.
4. The construction for the site has already begun or is substantially finished.
5. No members of the public spoke on the petition.
On the basis of the above findings of fact, including all evidence presented at the public
hearing, including, but not limited to, the Petition the Zoning Board of Appeals concludes
as follows:
1. The petitioner's request to for a Special Permit does not constitute substantial
detriment to the public good as residential uses are permitted in the R-2
district and the use and intensity of use are not changing from the previous use
at the site.
2. The requested relief does not nullify or substantially derogate from the intent
or purpose of the zoning ordinance as two-family residential dwellings are a
permitted use in the R-2 district.
3. A literal enforcement of the zoning ordinance would create a substantial
hardship to the petitioner of a financial means and would severely hinder the
use of the lot as a two-family residential dwelling.
4. In permitting such change, the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
In consideration of the above, the Salem Board of Appeals voted, five (5) in favor
(Cohen, Dionne, Harris, Debski, Stein) and none (0) opposed, to grant the request for
Variances, subject to the following terms, conditions, and safeguards:
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. All construction shall be done as per the plans and dimensions submitted to and
approved by the Building Commissioner.
3. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
4. Exterior finishes of the new construction shall be in harmony with the existing
structure.
5. A Certificate of Occupancy is to be obtained.
6. 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.
7. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
8. Unless this decision expressly provides otherwise, any zoning relief granted does
not empower or authorize Petitioner to demolish or reconstruct the structures(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.
zt-,
Robin Stein
Salem Zoning 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 Laws
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 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 and 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.