165 FEDERAL STREET - ZBA 165 FEDERAL STREET
-- - -- --- --- JEANETTE MALAWKA
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Legzz&NcAce
CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext.381
Will hold a public hearing for all
Persons interested in the petition sub-
mitted by Jeannette -Malanka
requesting a Special Permit to rein-
state a single family to a two family
and a Variance for parking require-
9 menta for the property located at 165
r Federal Street R-2. Said hearing to
be held Wednesday, December 15,
1999 at 6:30 P. M., One Salem
Green,2nd Floor.
Nina Cohen,Chairman
(12/1,8)
F
Ctv of ttlem assadjuste#ts S, FIC
fC
4� �ottra of �}ryettl ,
199: EIEC 28 aP. 2: 22
DECISION OF THE PETITION OF JEANETTE M. MALAWAK REQUESTING A
VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 165
FEDERAL STREET R-2
A hearing on this petition was held December 15, 1999 with the following Board
Members present: Nina Cohen, Richard Dionne, Michael Ward, Stephen Buczko and
Ronald Harrison. 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 reinstate 165 Federal Street to a two family and a
Variance for parking requirements for the property located at 165 Federal Street R-2.
The province 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 neighbor.
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 purpose of the Ordinance.
y r rh1. ,CCA
`�CrICL
DECISION OF THE PETITION OF JEANNETTE MALAWKA REQUESTING A SPECIAL
PERMIT &VARIANCE FOR THE PROPERTY LOCATED AT 165 FEDERALI,' 2 r7 2= 22
R-2
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. The petitioner, Jeanete Malawka, requested a Special Permit to reinstate 165
Federal Street to a two family dwelling and a Variance from parking requirements.
2. Her accountant, Tom Gallo, represented the petitioner.
3. Mr. Gallo stated that the residence was formerly utilized as a two family home and
submitted architectural plans that were prepared by Shay B. Leary, of 25 Exchange
Street in Lynn, in 1925. The plans displayed the floor plan layout of the tow family
residence.
4. The residence is located in an R-2 district.
5. Adelaide Quaresma spoke in favor of the proposal. Ms. Quaresma and Mr. Hilario
are prospective buyers of the property. They claimed that they would reside in the
home.
6. There is on street parking allowed in front of the property.
7. Regina Flynn, Ward 2 Councillor, submitted a letter in opposition to the proposal
because of current neighborhood density and concerns that the property would be
managed by an absentee landlord
8. No one was present in opposition to the proposal.
On the basis of the above findings of fact, and on the evidence presented at the
hearings the Zoning Board of Appeal voted unanimously, 5-0 to grant the requested
Special Permit subject to the following conditions:
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. Petitioner is to 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.
Special Permit&Variance Granted
December 15, 199 9
Michael Ward, Member
Board of Appeal
y, 0F SALEM. MA
1
LERtt'S OFFICE
DECISION OF THE PETITION OF JEANETTE MALAWAKA REQUESTING A
VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATERA-Iptkt528 p 2. 22
FEDERAL STREET R-2
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 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
Oftijem, 2ISSttC�juBF##8, J FICEIA
.Q �Rottra of �ppeal
`lL 28 2: 2z
DECISION OF THE PETITION OF JEANETTE M. MALAWAK REQUESTING A
VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 165
FEDERAL STREET R-2
A hearing on this petition was held December 15, 1999 with the following Board
Members present: Nina Cohen; Richard Dionne, Michael Ward, Stephen Buczko and
Ronald Harrison. 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 reinstate 165 Federal Street to a two family and a
Variance for parking requirements for the property located at 165 Federal Street R-2.
The province 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 neighbor.
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 purpose of the Ordinance.
L7�• �lA
tti g OFFICE
s
DECISION OF THE PETITION OF JEANNETTE MALAWKA REQUESTING A SPECIAL
PERMIT &VARIANCE FOR THE PROPERTY LOCATED AT 165 FEDERALIPjFjR9iT2P 2: 22
R-2
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. The petitioner, Jeanete Malawka, requested a Special Permit to reinstate 165
Federal Street to a two family dwelling and a Variance from parking requirements.
2. Her accountant, Tom Gallo, represented the petitioner. .
3. Mr. Gallo stated that the residence was formerly utilized as a two family home and
submitted architectural plans that were prepared by Shay B. Leary, of 25 Exchange
Street in Lynn, in 1925. The plans displayed the floor plan layout of the tow family
residence.
4. The residence is located in an R-2 district.
5. Adelaide Quaresma spoke in favor of the proposal. Ms. Quaresma and Mr. Hilario
are prospective buyers of the property. They claimed that they would reside in the
home.
6. There is on street parking allowed in front of the property.
7. Regina Flynn, Ward 2 Councillor, submitted a letter in opposition to the proposal
because of current neighborhood density and concerns that the property would be
managed by an absentee landlord
8. No one was present in opposition to the proposal.
On the basis of the above findings of fact, and on the evidence presented at the
hearings the Zoning Board of Appeal voted unanimously, 5-0 to grant the requested
Special Permit subject to the following conditions:
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. Petitioner is to 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.
Special Permit &Variance Granted
December 15, 1999
Michael Ward, Member
Board of Appeal
SALEM. FSA
CLEWS OFFICE
DECISION OF THE PETITION OF JEANETTE MALAWAKA REQUESTING A
VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATEPAATpitr �_ 22
FEDERAL STREET R-2
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 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
12/15/99 WED 18:30 FAX 508 745 2223 JERRY FLYNN x001
Citp of bagem, Aa!m6arbU,5Ctt!6
Office of the Citp council
QLitp �aC[
I
COUNCILLORS-AT-LARGE LEONARD IF O'LEARY WARD COUNCILLORS
PRESIDENT
1998
DEBORAH E.BURKINSHAW 1998
JOHN J.DODONAHUE PETER L.PASKowSKI
THOMAS H.FUREY CITY CLERK REGINA R.FLYNN
KEVIN R.HARVEY JOAN S.LOVELY
SCOTT J.MCLAUGHLIN LEONARD F.O'LEARY
WILLIAM A.KELLEY
SARAH M.HAYES
December 15th, 1999 MARK E.BLAIR
Board of Appeals
City of Salem
Salem,Massachusetts 01970
To Whom it may Concern:
I am writing as regards the petition for 165 Federal Street to be converted to a two
family dwelling from a single family residence.
I would like to request that this special permitivariance to increase density at this address
not be granted. In Ward Two a number of neighborhood groups not only on Federal
Street but elsewhere,have been diligent in the reclamation of neighborhoods and
returning them to single family homes. This is paramount to continuing improvements
in neighborhood safety and the rise in home ownership. Let us not take a serious step
backwards and expand the density in this already densely settled neighborhood where
parking is already at a premium. ,
These areas of Salem have fallen victim time and time again to absentee landlords. To
allow past mistakes to continue after so much work has been done would run counter to
not only the city's enormous investment of time, energy and precious tax dollars,but the
neighborhoods as well.
Due to a previous commitment tonight I am unable to attend the Board of Appeals
meeting. Thank you for allowing this letter to become part of the record of tonight's
proceedings.
Si ly,
Regi R. 1
Ward Two 'tyellor