135 FEDERAL STREET - ZBA 135 FEDERAL STREET (R-2)
rRICNARD & VICTORIA STEVENS - -
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DECISION--ON THE PETITION OF RICHARD & VICTORIA STEVENS REQUESTING--A
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 135 FEDERAL STREET (R-2)
A hearing on this petition was held November 13,1996 with the
following Board Members present: Gary Barrett, Chairman, Nina Cohen,
Albert Hill,Richard Dionne and Paul Valaskatgi. 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 is requesting a Special Permit to change a single family
dwelling to a two family from minimum depth of front yard for the
property located at 135 Federal Street, Salem.
The provision of the Salem Zoning Ordinance which is applicable to
this request for a Special Permit is Section 5-3(j ) , 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, extension or 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 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, safety, convenience and
welfare of the City's inhabitants.
The Board of Appeal, after careful consideration of the evidence
presented at the hearing and after viewing the plans, makes the
following findings of fact:
1. The petitioner was represented by Attorney Jeffrey Stelman.
2. Councillor Regina Flynn of Ward 2 spoke in favor of the petition.
3. A petition was submitted with 11 signatures in favor of the
petition.
4. Steven M. Glovsky, 131 Federal Street appeared and spoke in
favor.
DECISION OF THE PETITION OF RICHARD AND VICTORIA STEVENS REQUESTING
A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 135 FEDERAL STREET (R-2)
page two
i
5. There was no opposition to this is pet tion.
On the basis of the above findings of fact, and on the evidence
presented, the Board of Appeal concludes as follows:
1. The Special Permit requested can be granted without substantial
detriment to the public good or without nullifying and substantially--
derogating from the intent of the district or the purpose of the
ordinance.
2. The granting of the Special Permit requested will promote the
public health, safety, convenience and welfare of the City's
inhabitants and may be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to
grant the Special Permit requested, subject to the following
conditions:
1 . All construction shall comply with all city and state statutes,
ordinances, codes and regulations.
2. All requirements of the Salem Fire Department relative to smoke
and fire safety shall be strictly adhered to.
3. All construction shall be done as per the plans submitted and
approved by the Building Inspector.
4. A building permit is to be obtained prior to beginning any
construction.
5. A Certificate of Occupancy is to be obtained.
6. Limit parking to two (2) spaces to the second unit.
7. Second unit is to be no larger than approximately 425 square feet
on two floors.
8. Petitioner shall obtain proper street numbering form the City of
Salem Assessors office and shall display said number so as to be
visible form the street.
SPECIAL PERMIT GRANTED
November 13, 1996
Richard Dionne
Member, Board of Appeal Gr,
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DECISION OF THE PETITION OF RICHARD & VICTORIA STEVENS REQUESTING
A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 135 FEDERAL STREET
page three
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 MGL Chapter 40A andshallbe filed within 20-days after the
date of filing of this decision in the office of the City Clerk.
Pursuant to MGL 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 or 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
PETITION
TO: BOARD OF APPEALS
CITY OF SALEM
FROM: ABUTTERS AND NEIGHBORS OF
135 FEDERAL STREET, SALEM
We, the undersigned, having knowledge of all facts,
surrounding the application of Richard and Victoria Stevens to the
Board of Appeals for purposes of varying the Application of the
Zoning Ordinance to permit a two family use at 135 Federal Street,
Salem, hereby submit to the Board of Appeals that we are in favor
of the Board granting the relief sought under said Application, and
feel that same may be granted with no substantial detriment to the
public good and without nullifying or substantially derogating from
the intent and purpose of the City of Salem Zoning Ordinance.
13 8 Fe oLL4--z c Q
PETITION
TO: BOARD OF APPEALS
CITY OF SALEM
FROM: ABUTTERS AND NEIGHBORS OF
135 FEDERAL STREET, SALEM
We, the undersigned, having knowledge of all facts,
surrounding the application of Richard and Victoria Stevens to the
Board of Appeals for purposes of varying the Application of the
Zoning Ordinance to permit a two family use at 135 Federal Street,
Salem, hereby submit to the Board of Appeals that we are in favor
of the Board granting the relief sought under said Application, and
feel that same may be granted with no substantial detriment to the
public good and without nullifying or substantially derogating from
to intent�� and p rpose of the City of Salem Zoning Ordinance.
Steven M. and Susan G. L. Glovsky BUILDING DEPT.
131 Federal Street
Salem,MA 01970
(508)745-3444 OCT 16 PM 96
October 10, 1996 RECEIVED
CITY OF SALEM,MASS.
City of Salem
Board of Appeals
One Salem Green
Salem,MA 01970
Re: Variance application of Richard and Victoria Stevens
135 Federal Street
OBJECTION TO PETITION
Ladies and Gentlemen:
We are in receipt of a notice of public hearing scheduled for Wednesday, October
16, 1996 at 6:00 P.M. on an application for Variance requested by Richard and Victoria Stevens
to convert their newly acquired property at 135 Federal Street from single family to two family
use. Regrettably, both my wife and I have other commitments that night. We have been informed
by your office that we, as interested parties, are not permitted to request a postponement of the
hearing and must submit our comments in writing.
My family has lived in our home at 131 Federal Street for over eleven years. Our
house fronts on the driveway of the Stevens' new house, and we would be most affected of all our
neighbors by any change in the use or occupancy of their 135 Federal Street property.
Conversion from single to two family use presents the likelihood of increased personal and vehicle
traffic and noise within forty-five feet of the front of our house. Our house is only one room
deep, so any increased activity that close could substantially impact the quality of life we have
enjoyed these many years. Without opportunity to attend the hearing, and despite our affection
for the Stevens family, we have no choice but to formally object to their requested variance.
The Stevens family was specifically aware of our concerns before they bought this
house, and Victoria Stevens has indicated to me on several occasions that she has no basis on
which to claim "hardship" necessitating a variance. As a matter of law, I do not believe your
Board has authority to grant a variance under these circumstances. And while a request for
special permit has not been indicated in the public notice we recieved, in my view, this would not
be a circumstance to which the special permit provisions of the Zoning By-laws could be properly
applied, not that granting a Special Permit would be any more acceptable.
Thank you for your consideration of our concerns.
Sincerel ,
St n . Glovsky