40 ESSEX STREET - ZBA 40 ESSEX STREET
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Legal Notice
CfTY OF SALEM I
BOARD OF APPEAL
978-745-9595 EM.381 EE`
' Will hold a public hearing for all I
persons interested in the petition
. 'submitted by PAUL SPEROUNES
seeking a Special Permit to alter a 1
nonconforming structure and Vari-
ances from Section 6-4 maximum
height of building(stories)and max-
imum height of building (feet) to
allow the construction of a dormer
for the property located at 40 ESSEX
STREET R-2.Said hearing will be held
on WEDNESDAY, DECEMBER 14,
2005, 6:36 P.M., 120 Washingtow
i Sbeet,3rd floor,Room 313.
Nina Cohen
Chairman
L_
ter_
CITY OF SALEM, MASSACHUSE'�LOF SALEM MA
BOARD OF APPEAL RK S OFFICE
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595 2006 JAN 20 A C,. 4 I
FAX: 978-740-9846 'f
DECISION OF THE PETITION OF PAUL SPEROUNES REQUESTING A SPECIAL
PERMIT AND A VARIANCE FOR THE PROPERTY LOCATED AT 40 ESSEX
STREET R-2
A hearing on this petition was held on January 18, 2006 with the following Board
Members present: Nina Cohen, Chairman,Bonnie Belair, Nicholas Helides,Richard
Dionne and Edward Moriarty. Notice of the hearing was sent to abutters and others and
notices of the hearing were properly published in the Salem Evening New in accordance
with Massachusetts General Laws Chapter 40A.
Petitioner is requesting a Special Permit to alter a non-conforming structure and a
Variance from Section 6-4 maximum height of building(stories) and maximum height of
building (feet)to allow the construction of a dormer for the property located at 40 Essex
Street located in an R-2 zone.
The provisions of the Salem Zoning Ordinance which is applicable to the request for a
Special Permit is Section 5-3 0),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 94, grant Special Permit 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 request may be
granted upon a findingb the Board
Y that the t of the Special
public �° Pce � Permit will promote the
p c heal saf convenience� ety, emence and welfare of the
City'sinhabitants.
taus.
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.
' e
Cli 'f OF SALEM, MA
CLERK'S OFFICE tG
DECISION OF THE PETITION OF PAUL SPEROUNES REQLATRA SPEC 1A I
PERMIT AND A VARIANCE FOR THE PROPERTY LOCATED AT 40 ESSEX
STREET R-2
page two
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
of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented,and after
reviewing the plans makes the following findings of fact:
1. Attorney Stephen Lovely of 14 Story Stmt represented the petitioner.
2. A petition in favor of the request signed by 9 neighbors to the site was presented.
3. A copy of the Court Decision concerning the number of units allowed was
presented. The Board had previously denied a petition on this property to allow
rehabilitation of an existing P unit which had been unoccupied for 5 years and
had been determined by the Board to be abandoned. The Court decision allowed
the third unit to exist in this R-2 zone.
4. The basis of the request was to expand third floor space through creation of a roof
dormer. The dormer will increase roof height by three and one half(3.5)feet and
expand the number of stories to three(3).
5. There will be two-three bedroom units and one-two bedroom unit. The two
bedrooms will be on the third floor. The property will be reconstructed as
condominiums.
6. The project architect reviewed a detailed set of plans for the project with the
Board.
7. There will be parking for 6 cars on site. The existing garage structure will be
substantially renovated.
g. Jessica Herbert of 70 Webb Street spoke in support of the petition.
9. Chairman,Nina Cohen spoke concerning the historic nature of the property and
the need to renovate with materials that recreate the original image. These
materials would include clapboard, roof shingle, and landscaping.
CITY OF �ALEM. MA,
CLERKS OFFICE �
DECISION OF THE PETTTION OF PAUL SPEROUNES REQUESTING A
SPECIAL PERMIT AND VARIANCE FOR THE PROPER fb LQC 2 o D AT 40
ESSEX STREET R-2 �AAPNI A 9-- 41
page three
On the basis of the above findings of fact,and on the evidence presented at the
hearing the Zoning Board of Appeal concluded as follows:
1. Special conditions do 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. Literal enforcement of the provisions of the Ordinance would involve substantial
hardship on the petitioner.
4. The relief requested can 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.
5. 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, 5 in favor and 0 in opposition to grant the
relief requested with the following conditions.
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.
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 Inspection shall be obtained.
6. Petitioner shall obtain approval from any City Board's or Commission having
Jurisdiction,but not limited to the Planning Board.
7. Exterior finishes of the new construction shall be in harmony with the existing
structure.
8. Petitioner will meet with the Salem Historic Commission on a voluntary basis to
obtain design advice on the historical materials to be considered.
9. To the extent possible,the petitioner shall use brick and other pervious materials
for landscaping, driveway and walks.
DECISION OF THE PETITION OF PAUL SPEROUNES REQUESTING A
SPECIAL PERMITIVARIANCE FOR THE PROPERTY LOCATED AT 40 ESSEX
STREET R-2
page four
10. Unless this decision expressly provides otherwise,any zoning relief granted does
not authorize Petitioner to demolish or deconstruct any structure(s)on the property to
an extent greater than 501/o of the structure as measured by floor area or replacement
cost. If a structure on the property is demolished by any means to an extent of more
than fifty percent of its replacement cost or more than fifty percent of its floor area at
the time of destruction, it shall not be reconstructed except in conformity with is
Ordinance. bwv
Variance and Special Permit AiAoMlaseli s,
Granted Board of Appeal���'�
January 18,2006
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 or the owner of
record or is recorded and noted on the owner's Certificate of Title.
Board of Appeal
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PETITION TO THE BOARD OF APPEAL:
The undersigned represent the abutters of a parcel of land located at 40 Essex Street where the
petitioner Paul Sperounes is seeking a Special Permit to alter a non conforming structure and
seeks a variances from Section 6-4 Maximum Height of Building (Stories) and Maximum Height
of Building (Feet)) of the Salem Zoning Ordinances to allow the construction of a dormer to be
utilized by the existing residential unit. We feel that that the addition of the dormer will not
depart from the intent of the Salem Zoning Ordinance.
We ask the Board of Appeal to vary the terms of the Salem Zoning Ordinance and/or the
Building Code and allow the dormer to be built as the enforcement of said Zoning By-Laws and
Building Code would involve practical difficulty or unnecessary hardship to the Petitioner and
relief may be granted without substantially derogating from the intent and purpose of the Zoning
Ordinance and Building Code.
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TO THE BOARD OF APPEAL:
The Undersigned represents the owner of a certain parcel of land located at:
40 Essex Street);
Zoning District R2;
and said parcel is affected by Section(s) of the Massachusetts State Building Code.
Plans describing the work proposed have been submitted to the Inspector of Buildings in
accordance with Section IX A.1 of the Zoning Ordinance.
The Application for Permit was denied by the Inspector of Buildings for the following reason(s):
DIRECT APPEAL
The Undersigned hereby petitions the Board of Appeal to vary the terms of the Salem Zoning
Ordinance and/or the Building Code and order the Inspector of Buildings to approve the
application fee permit to build as filed, as the enforcement of said Zoning By-Laws and Building
Code 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 and Building Code for the following reasons:
Pursuant to Sections 9-4 and 9-5 the Petitioner seeks a Special Permit to alter a non
conforming structure and seeks a variances from Section 6-4 Maximum Height of Building
(Stories) and Maximum Height of Building (Feet)) of the Salem Zoning Ordinances to
allow the construction of a dormer to be utilized by the existing residential unit. The
petitioner states that the addition will not depart from the intent of the Salem Zoning
Ordinance.
Owner: Mikris, Inc. Petitioner: Paul Sperounes, President
Address: 65 Goodridge Street Address: 65 Goodridge Street
Lynn, MA 01902 Lynn, MA 01902
Telephone 978-745-8274 Telephone 978-745-8274
By P perounes, President
By histtorliey
Stephen P. Lovely, Esq.
14 Story Street
Salem, Massachusetts 01970
978-745-8274
BBO #560533
Date November 7, 2005
TO THE BOARD OF APPEAL:
The Undersigned represents the owner of a certain parcel of land located at:
40 Essex Street);
Zoning District R2;
and said parcel is affected by Section(s) of the Massachusetts State Building Code.
Plans describing the work proposed have been submitted to the Inspector of Buildings in
accordance with Section IX A.1 of the Zoning Ordinance.
The Application for Permit was denied by the Inspector of Buildings for the following reason(s):
DIRECT APPEAL
The Undersigned hereby petitions the Board of Appeal to vary the terms of the Salem Zoning
Ordinance and/or the Building Code and order the Inspector of Buildings to approve the
application fee permit to build as filed, as the enforcement of said Zoning By-Laws and Building
Code 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 and Building Code for the following reasons:
Pursuant to Sections 9-4 and 9-5 the Petitioner seeks a Special Permit to alter a non
conforming structure and seeks a variances from Section 6-4 Maximum Height of Building
(Stories) and Maximum Height of Building (Feet)) of the Salem Zoning Ordinances to
allow the construction of a dormer to be utilized by the existing residential unit. The
petitioner states that the addition will not depart from the intent of the Salem Zoning
Ordinance.
Owner: Mikris, Inc. Petitioner: Paul Sperounes, President
Address: 65 Goodridge Street Address: 65 Goodridge Street
Lynn, MA 01902 Lynn, MA 01902
Telephone 978-745-8274 Telephone 978-745-8274
By Pa hSperoune President
By hislattorney
Stephen P. Lovely, Esq.
14 Story Street
Salem, Massachusetts 01970
978-745-8274
BBO #560533
Date November 7, 2005
TO THE BOARD OF APPEAL:
The Undersigned represents the owner of a certain parcel of land located at:
40 Essex Street);
Zoning District R2;
and said parcel is affected by Section(s) of the Massachusetts State Building Code.
Plans describing the work proposed have been submitted to the Inspector of Buildings in
accordance with Section IX A.1 of the Zoning Ordinance.
The Application for Permit was denied by the Inspector of Buildings for the following reason(s):
DIRECT APPEAL
The Undersigned hereby petitions the Board of Appeal to vary the terms of the Salem Zoning
Ordinance and/or the Building Code and order the Inspector of Buildings to approve the
application fee permit to build as filed, as the enforcement of said Zoning By-Laws and Building
Code 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 and Building Code for the following reasons:
Pursuant to Sections 9-4 and 9-5 the Petitioner seeks a Special Permit to alter a non
conforming structure and seeks a variances from Section 6-4 Maximum Height of Building
(Stories) and Maximum Height of Building (Feet)) of the Salem Zoning Ordinances to
allow the construction of a dormer to be utilized by the existing residential unit. The
petitioner states that the addition will not depart from the intent of the Salem Zoning
Ordinance.
Owner: Mikris, Inc. Petitioner: Paul Sperounes, President
Address: 65 Goodridge Street Address: 65 Goodridge Street
Lynn, MA 01902 Lynn, MA 01902
Telephone 978-745-8274 Telephone 978-745-8274
By perounes, President
Byatto
Step en P. Lovely, Esq.
14 Story Street
Salem, Massachusetts 01970
978-745-8274
BBO 9560533
Date November 7, 2005