153 FORT AVENUE - ZBA (2) if
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153 FORT AVENUE
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Legal Notice
CITY OF SALEM
BOARD OF APPEAL
978-745-9595,Ext.381
Will hold a public hearing for all
persons interested in the petition sub-
mitted by KATI OLSON requesting a
1 Special Permit and Dimensional )
Variances from lot coverage and park- .
ing to expand a non-conforming
structure for the property located at
153 FORT AVENUE R-1.Said hearing
to be held Wednesday,December 17,
2003, at 6:30 p.m., 120 Washington
Street,3rd floor. I
Nina Cohen,Chairman
I (12/3,10)
i
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL CITY OF Sc- ' i_: '� A
i 120 WASHINGTON STREET, 3RD FLOOR �I_,GZ,iI\ �0'
SALEM, MA 01970
TEL. (978) 745-9595
FAX (978) 740-9846
STANLEY J. USOVICZ, JR. 1_,1081BEC-3I A960q
MAYOR
DECISION OF THE PETITION OF KATI OLSON REQUESTING A VARIANCE AND
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 153 FORT AVENUE B-1
A hearing on this petition was held December 17, 2003, with the following Board
Members present: Nina Cohen, Stephen Harris, Richard Dionne, Joseph Barbeau and
Bonnie Belair. 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 and Dimensional Variances from lot coverage
and parking to expand a non-conforming structure for the property located at 153 Fort
Avenue located in a B-1 zone.
The provisions 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 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 neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests 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
of the Ordinance
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1 DECISION OF THE PETITION OF KATI OLSON REQUESTING A VARIANCE AND
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 153 FORT AVENUE B-1
page two
The Board of Appeal, after careful consideration of the evidence presented, and after
reviewing the plans makes the following findings of fact:
1. The Petitioner Kati Olson appeared and represented herself at the hearing.
2. Plans were submitted showing the proposed project The Petitioner would like to
expand the structure from a 1 story to 2 1/2 stories and construct a stair tower on
the rear of the property
3. In support of the petition was Shaun Clark of 141 Fort Ave., Ed Mederios of 4 1/2
Lowell Street, Jennie Ventura of 41/2 Lowell Street, Frank Pierce of 75 Columbus
Ave.
4. Opposed to the petitioner's plans was Donald Moore of 155 Fort Avenue. He was
opposed due to the size of the project would block out light to his property next
door. He also has a problem with the parking issues.
5. Concerns were raised about the sewer lines at the property. The City Engineer
was contacted after the last meeting about 151-153 Fort Ave
On the basis of the above findings of fact, and on the evidence presented at the
hearings the Zoning Board of Appeal concludes as follows:
1. Special conditions 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. The relief requested 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
4. 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 unanimously, 5-0, to grant the relief
requested, subject to 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 and
approved by the Building Inspector.
3. All requirements of the Salem Fire Department relative to smoke and fire
safety shall be strictly adhered to.
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DECISION OF THE PETITION OF KATI OLSON REQUESTING A VARIANCE AND
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 153 FORT AVENUE B-1
page three
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing
Structure.
6. Petition shall obtain a Certificate of Occupancy shall be obtained.
7. Petitioner is to obtain approval from any City Board of Commission having
jurisdiction including, but not limited to, the Planning Board and the City Engineer.
Special Permit & Variance Granted
December 17, 2003 1 6CA
eph Barbeau
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
November 20, 2003
To: Salem Board of Appeal
From: George Hoxha
To Whom It May Concern:
This is to inform you that as the owner of the property at 153 Fort Avenue,
Salem, I agree to the relief that Kati Olson is seeking before the Board.
Sincerely,
4't'4� 4x
George Hoxha