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Legal Notice ;
cnY OF SALEM 1
BOARD OF APPEAL 1
745.9595 EM.381
Will hold a public hearing for all
persons interested in the petition J
submitted by KATI OLSON requesting
to modify previous decision dated
December 17, 2003 to eliminate the
business application for the property
located at 153 Fort Avenue B-1.
Said hearing will be held on
WEDNESDAY, February 8, 2006
AT 6:30 P.M. 120 WASHINGTON.
STREET,3RD FLOOR,ROOM 313.
Nina Cohen
Chairman
1 SN—1/27,2006
f
r
CITY OF SALEM9 MASSACHUSETTS
BOARD OF APPEAL. CL`LRKS OEFIE
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9393
FAX: 978-740-9848 100bb FEB _9 P 4- 515
- ---
REQUEST TO MODIFY THE DECISION OF THE PETITION OF KATI OLSON FOR
THE PROPERTY LOCATED AT 153 FORT AVENUE B-1
A hearing on this petition was held on February 8 2006 with the following Board
Members present: Nina Cohen, Chairman, Richard Dionne, Bonnie Belair, Nicholas
Halides 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 News in
accordance with Massachusetts General Laws Chapter 40A.
The Petitioner, Kati Olson requests to modify the decision of the petition dated
December 17, 2003 for the property at 153 Fort Avenue B-1.
The provisions of the Salem Zoning Ordinance which are applicable to the request
modification to the Special Permits and Variances and Section 5-3 0) and Section 9-5,
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 Section 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 Variances which have been requested may be granted upon a finding of the Board
that:
A. Special conditions and circumstances exist which are not generally affect the land,
building or structure involved and which are not generally affecting other lands,
buildings, or structures in the same district.
REQUEST TO MODIFY THE DECISION OF KATI OLSON FOR THE PROPERTY
LOCATED AT 153 FORT AVENUE B-1
page two
Literal en
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.
The Board of Appeal, after careful consideration of the evidence presented, and after
viewing the plans, makes the following findings of fact:
1. Petition was presented by Kati Olson, owner.
2. Ms. Olson asserted that the property is zoned for business.
3. Ms. Olson asserted that she no longer needs or intends to use the first floor as office
space for her business as presented in the prior petition.
4. Don Moore of 155 Fort Avenue spoke of his concerns about the existing telephone
pole located which needs to be moved to accommodate a garage entrance.
5. Mr. Moore requested that the petition he continued to allow him time to communicate
with the petitioner concerning the new location of the telephone pole.
6. ZBA Chair Nina Cohen advised Mr. Moore that the petition was for a use of the
property as a single family residence and inquired if Mr. Moore had any comments or
opposition to the petition
7. Mr. Moore stated that he had none; his concern was with the location of the electrical
wiring overhead.
S. Ms. Olson asserted with the support of her contractor Jim Higgins that the
construction is being completed as per the plans submitted and approved.
9. Contractor Jim Higgins stated that he has requested the telephone pole to be moved
from its present location.
On the basis of the above findings of fact, and on the evidence presented at the hearing,
the Board of Appeal concludes as follows:
1. Special conditions do exist which especially affect the subject property and not the
district in general
2. Literal enforcement of the provisions of the Ordinance would involve sustantial
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 this ordinance.
REQUEST TO MODIFY THE PETITION OF KATI OLSON FOR THE PROPERTY
LOCATED AT 153 FORT AVENUE B-1
4. The modification requested 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 unanimously voted 5-0 to grant to modify the
decision with the following conditions:
1. Petitioner shall comply with all city and state statues, ordinances, codes and
regulations.
2. All construction shall be done as per the plans and dimensions submitted 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. 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. A Certificate of Occupancy shall be obtained.
7. Petitioner shall 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 authorize petitioner to demolish or deconstruct any structure(s) on the
property to an extent of greater than 50%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 50% of its floor area at the time of destruction, it
shall not be reconstructed except in conformity with this Ordinance.
9. Property shall remain a single family dwelling
Niick Helides
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 MGL 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 MGL Chapter 40A, Section Il, the Variance or Special
Permit granted herein shall not take effect until a copy of this decision, hearing 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 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
oorvwr CITY OF SALEM9 MASSACHUSETTS EJTY gf SALEM, M,q
BOARD OF APPEAL CLERS QF ICE
2 120 WASHINGTON STREET, 3RO FLOOR
SALEM. MA 01970
TEL. (978) 745-9595
9e�rnnsr ' FAX (978) 740-9846 ('-; 10Q} DECC
STANLEY J. USOVICZ, JR. 1 A.JO, Oq
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 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 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
L
DECISION OF THE PETITION OF KATI O SON REQUESTING A VARIANCE AND
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 153 FORT AVENUE B-1
pagetwo
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 4 1/2 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.
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
eph Barbeau (�VA'
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.
Dzl�
FE8 5 ZG04 Board of Appeal
herr';; lily that 20 days have expired
from the date ;his instrument was received,
and that NO APPEAL has been filed in this
office. 6
A True Cop, /"c , n _C - /�L�Q 1
ATTEST_,;-,- , , alem , Mass.
January 20, 2006
To the Members of the Salem Board of Appeals:
On December 17, 2003 the Salem Board of Appeal granted a Special
Permit and Dimensional Variance from lot coverage to expand a non-
conforming structure for the property located at 153 Fort Avenue in a B-
1 Zone (see attached). The decision was filed with the City Clerk on
December 31. At the time it was my intention to use the 1st floor of the
property as office space for my business and construct a residence on the
2nd floor. Subsequent to the Board's granting of the permit, an appeal
from the decision of the Board was filed by Donald Moore who owns the
adjacent property at 155 Fort Avenue after the January 20, 2004
deadline for filing. He then filed a civil complaint in Salem District
Court, which was denied. He appealed that decision and his appeal was
also denied. However, these delays, and the necessity of putting in a new
sewer line and utilities, kept me from being able to start construction,
and I lost my place in my contractor's schedule. I was also forced to find
alternate office space for my business. At this point, relocating my
business again would be expensive and disruptive, since we are now in
the middle of my busiest selling season. I ask the Board to allow me now
to amend the plans and use the entire building as a single-family
residence with an internal garage (see attached plans).
Sincerely,
Kati lson� 0
K
3 Winter Island Road
Salem, MA 01970